CODE OF FEDERAL REGULATIONS
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The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further subdivided into parts covering specific regulatory areas.
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Title 46—
Subject indexes appear in Chapter I, subchapters A—I, I-A, J, K, L, and Q—W following the subchapters.
(This book contains parts 1 to 40)
5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46 U.S.C. Chapter 93; Pub. L. 107-296, 116 Stat. 2135; 49 CFR 1.45, 1.46; § 1.01-35 also issued under the authority of 44 U.S.C. 3507.
(a) The term
(b) The term
(a) The Commandant is the head of the agency and exercises overall direction over the policy and administration of the Coast Guard.
(b) To carry out the regulatory and enforcement aspects of marine safety, the staff officers designated in this paragraph are assigned to the Commandant. The chain of military command is from the Commandant directly to the District Commanders. The staff officers at Headquarters act only on the basis of the Commandant's authority and direction.
(1) The Assistant Commandant for Marine Safety, Security, and Environmental Protection, under the general direction of the Commandant, directs, supervises, and coordinates the activities of the Standards Directorate, consisting of the Office of Design and Engineering Standards, the Office of Operating and Environmental Standards, and the Office of Standards Evaluation and Development; the Field Activities Directorate, consisting of the Office of Compliance, the Office of Response, and the Office of Investigations and Analysis; the Waterways Management Directorate, consisting of the Great Lakes Pilotage Staff, the Office of Policy and Planning, and the Office of Vessel Traffic Management; and the Resource Management Directorate, consisting of the Office of Planning and Resources, and the Office of Information Resources.The Port Safety and Security programs administered by the Chief, Office of Compliance and the Marine Environmental Response programs administered by the Chief, Office of Response are guided by regulations contained in 33 CFR chapter I. The Assistant Commandant for Marine Safety, Security, and Environmental Protection exercises technical control over the Commanding Officer, National Maritime Center and, through the District Commander, supervises the administration of the Marine Safety Division of District Offices and Officers in Charge, Marine Inspection.
(i) The Director of Standards (G-MS), under the general direction and supervision of the Assistant Commandant for Marine Safety, Security, and Environmental Protection establishes federal policies for development of marine safety and environmental protection treaties, laws, and regulations; develops safety, security and environmental protection standards for the maritime industry; integrates all marine safety and environmental protection regulatory programs; prepares legislation, regulations, and industry guidance for new safety and environmental protection programs; and maintains an active program for development of third party consensus industry standards.
(A) The Chief, Office of Design and Engineering Standards (G-MSE), at Headquarters, under the direction of the Assistant Commandant for Marine Safety, Security, and Environmental Protection and the Director of Standards, manages the program for defining the overall regulatory approach for vessels, offshore structures, and other marine systems incorporating safety considerations regarding the role of the human element; develops policies and regulations on load line matters and supervises classification societies authorized to assign load lines on behalf of the Coast Guard; oversees the development and maintenance of programs that incorporate risk-based methods in making safety determinations and policies; and oversees technical research and development for safety and environmental protection associated with marine vessels, structures and facilities.
(B) The Chief, Office of Operating and Environmental Standards (G-MSO), at Headquarters, under the direction of the Assistant Commandant for Marine Safety, Security, and Environmental Protection and the Director of Standards, coordinates and integrates program standards for personnel qualification, vessel manning, vessel and facility operations, cargo systems and handling, and environmental protection; develops and maintains standards, regulations and industry guidance for maritime industry operations to prevent deaths, injuries, property damage, and environmental harm; develops and maintains safety standards and regulations for commercial fishing industry vessels and uninspected commercial vessels; and develops and maintains health and safety standards and regulations for U.S. inspected vessels.
(C) The Chief, Office of Standards Evaluation and Development (G-MSR), at Headquarters, under the Direction of the Assistant Commandant for Marine Safety, Security, and Environmental Protection and the Director of Standards, coordinates the development of new standards and programs across all technical and operational areas of marine safety and environmental protection; provides comprehensive analytical support for all standards assessment and development efforts; and coordinates development of measures of effectiveness for assessing regulatory programs and consensus standards.
(ii) The Director of Field Activities (G-MO), under the general direction and supervision of the Assistant Commandant for Marine Safety, Security, and Environmental Protection, acts as Program Manager for the Marine Safety, Security, and Environmental Protection Programs; directs, coordinates, and integrates the Coast Guard's marine safety and environmental protection compliance programs, contingency planning, response operations, and investigations programs; establishes and coordinates field implementation policies and priorities for all marine safety commands and units; serves as the focal point for field support and technical guidance; and provides oversight of marine documentation and marine personnel administration matters.
(A) The Chief, Office of Compliance (G-MOC), at Headquarters, under the direction of the Assistant Commandant for Marine Safety, Security, and Environmental Protection and the Director of Field Activities, administers and balances all marine safety and environmental protection compliance programs, including direction of Coast Guard activities and oversight of third parties and industry programs; develops, publishes and maintains program policies for vessel compliance, interprets standards and regulations, and provides field guidance for execution
(B) The Chief, Office of Response (G-MOR), at Headquarters, under the Direction of the Assistant Commandant for Marine Safety, Security, and Environmental Protection and the Director of Field Activities, coordinates and integrates field planning, preparedness, and response operations for pollution incidents, natural disasters, marine accidents, terrorism, and other threats to public safety, the marine environment, or marine transportation and commerce; develops, publishes, and maintains program policies for preparedness and response, interprets laws and regulations, and provides field guidance for execution; provides guidance regarding emergency authorities of the Captain of the Port (COTP); and administers Office programs for ports and waterway management, bridging compliance and response efforts with an active presence in the marine environment.
(C) The Chief, Office of Investigations and Analyses (G-MOA), at Headquarters, under the direction of the Assistant Commandant for Marine Safety, Security, and Environmental Protection and the Director of Field Activities, reviews investigations of marine casualties; manages, develops policy for and evaluates domestic and international programs and processes associated with investigations of marine casualties and injuries; manages analysis of casualties and casualty data, civil penalties and other remedial programs (including proceedings to suspend or revoke Coast Guard licenses, documents or certificates held by mariners); and manages marine employer drug and alcohol testing programs.
(D) The Commanding Officer, Coast Guard National Maritime Center (NMC) under technical control of the Assistant Commandant for Marine Safety, Security, and Environmental Protection, administers operational and administrative control of the Marine Safety Center which conducts reviews and approvals of plans, calculations, and other materials concerning the design, construction, alterations, and repair of commercial vessels to determine conformance with the marine inspection laws, regulations, and implementing directions, and administers the U.S. Tonnage Measurement program; administers operational and administrational control over the National Vessel Documentation Center which administers U.S. vessel identification and documentation; administers merchant mariner licensing and seaman's documentation; and exercises administrative and technical oversight for the Marine Safety Laboratory (MSL).
(iii) The Director of Waterways Management (G-MW), under the general direction and supervision of the Assistant Commandant for Marine Safety, Security, and Environmental Protection, is the principle advisor to the Assistant Commandant for Marine Safety, Security, and Environmental Protection on waterways management objectives, goals, strategies, and related policy issues; coordinates waterways management issues with other interested Coast Guard offices; represents the Coast Guard with other DOT modal administrations and other federal, state, and international governmental organizations on matters concerning waterways management, DOT's Marine Transportation System (MTS), and port security; in coordination with the Director of Field Activities, resolves appeals on waterways management issues from industry and the public regarding decisions by Captains of the Port; as the Secretary of Transportation's representative, chairs the U.S. Port Security Committee; directs and administers the Interagency Committee on the Marine Transportation System and the Navigation Safety Advisory Council.
(iv) The Director of Resource Management (G-MR), under the general direction and supervision of the Assistant Commandant for Marine Safety, Security, and Environmental Protection, serves as Facility Manager for the marine safety programs; coordinates and integrates financial, informational, and human resources; plans, acquires, develops, and allocates resources for development and execution
(2) The Chief Counsel of the Coast Guard at Headquarters, under the general direction and supervision of the General Counsel, Department of Homeland Security and the Commandant, considers cases involving alleged violations of navigation and vessel inspection laws or regulations prescribed thereunder and published in this chapter or in 33 CFR chapter I, and reviews appeals to the Commandant from statutory monetary penalties assessed therefor. Upon completion of such a review, the Chief Counsel prepares a proposed action for the Commandant's consideration or, in appropriate cases, takes final action on behalf of, and as directed by, the Commandant.
(a) To assist the District Commander in carrying out the regulatory and enforcement aspects of marine safety in the Coast Guard Districts, there is assigned to each District Commander a staff officer designated as Chief, Marine Safety Division. The chain of military command is from the District Commander to each Officer in Charge, Marine Inspection, within the district. The Chief, Marine Safety Division, is a staff officer assigned to the District Commander and acts only on the basis of the authority and by direction of the District Commander.
(1) The Chiefs, Marine Safety Division, in the District Offices, under the supervision of their respective District Commanders, direct the activities in their district relative to vessel, factory and shipyard inspections; reports and investigations of marine casualties and accidents; processing of violations of navigation and vessel inspection laws; the licensing, certificating, shipment and discharge of seaman; the investigation and institution of proceedings looking to suspension and revocation under 46 U.S.C. chapter 77 of licenses, certificates, and documents held by persons; and all other marine safety regulatory activities except those functions related to recreational boating when under the supervision of the Chiefs, Boating Safety Division, in the District Offices.
(2) Unless otherwise provided for, the Chiefs, Boating Safety Division, in the District Offices, under the supervision of their respective District Commanders, direct the activities in their districts relative to administration of the law enforcement program applicable to uninspected vessels used for recreational purposes and the imposition and collection of penalties in connection therewith; maintain liaison with Federal and State agencies having related interests; develop and coordinate agreements and arrangements with Federal and State agencies for cooperation in the enforcement of State and Federal laws related to recreational boating; and review investigative reports of recreational boating accidents.
(b) The Officers in Charge, Marine Inspection, in the Coast Guard districts, under the supervision of their respective District Commanders, are in charge of marine inspection offices and marine safety offices located in various ports and have command responsibility with assigned marine safety zones for the performance of duties with respect to the inspection, enforcement, and administration of navigation and vessel inspection laws, and rules, and regulations governing marine safety. The Officer in Charge, Marine Inspection, has been designated and delegated to give immediate direction to Coast Guard activities relating to marine safety functions consisting of inspection of vessels in order to determine that they comply with the applicable laws, rules, and regulations relating to construction, equipment, manning and operation, and to be satisfied that such vessels are in seaworthy condition for the services in which such vessels are to be operated; shipyard inspections; factory inspections of materials and equipment for vessels; the licensing, certificating,
Licensing and Certification functions are performed only by the Officer in Charge, Marine Inspection, at the following locations:
Where the term
(c) For descriptions of Coast Guard districts and marine safety zones, see 33 CFR part 3.
(a) The Commandant takes final agency action on each proceeding concerned with revocation.
(b) The Commandant has delegated authority to the Vice Commandant in 33 CFR 1.01-40 to take final agency action under subparts I, J, and K of part 5 of this chapter on each proceeding except on a petition or appeal in a case on which an order of revocation has been issued.
(c) The Commandant assigns to his staff a Chief Administrative Law Judge who is an Administrative Law Judge appointed under 5 U.S.C. 3105 and whose assignment is to:
(1) Act as adviser and special assistant to the Commandant on matters concerning the administration of hearings conducted under 46 U.S.C. chapter 77;
(2) Conduct hearings under 46 U.S.C. chapter 77;
(3) Train new Administrative Law Judges assigned to conduct hearings under 46 U.S.C. chapter 77;
(4) Review the written decisions and orders of each Administrative Law Judge assigned to conduct a hearing under 46 U.S.C. chapter 77; and
(5) Act as adviser to the Chief Counsel in preparation of the final action of proceedings conducted under subparts I, J, and K of part 5 of this chapter.
(d) The Chief Counsel of the Coast Guard, under the general direction and supervision of the Commandant, U.S. Coast Guard:
(1) Acts as an adviser and as a special assistant to the Commandant in matters of law; and
(2) Prepares for the consideration of the Commandant or the Vice Commandant, as appropriate, proposed decisions on cases on appeal or review in suspension and revocation proceedings.
(a) The Officer in Charge, Marine Inspection, has final authority with respect to the functions described in § 1.01-15(b) of this subpart, subject to the rights of appeal set forth in subpart 1.03 of this part.
(b) The general course and method by which the functions (other than those dealing with suspension and revocation of licenses, certificates, or documents described in paragraph (c) of this section) concerning marine safety activities are channeled begins with the Officer in Charge, Marine Inspection, at the local Marine Safety Office. From this officer the course is to the Chief, Marine Safety Division, on the staff of the District Commander and then to
(c) In proceedings involving the suspension or revocation of a Coast Guard license, certificate or document issued to an individual, the course and method by which such proceedings are channeled are as follows:
(1) In the United States, the Commonwealth of Puerto Rico, Territory of Guam, the Virgin Islands, and other possessions, the proceedings are initiated by the preferment of charges and specifications against the holder of the Coast Guard license, certificate or document. A Coast Guard Investigating Officer under the supervision of an Officer in Charge, Marine Inspection, or an Officer in Charge, Marine Inspection causes the charges and specifications to be served on the person described therein (person charged) who is a holder of a Coast Guard license, certificate or document. At a hearing the Coast Guard submits evidence to support the charges and specifications, while the person charged may submit evidence in rebuttal or mitigation. The Administrative Law Judge renders a decision on the basis of the evidence adduced at the hearing and the law. The Administrative Law Judge's decision is given to the person charged.
(i) In a case where an appeal is made by the person charged, the notice of appeal is filed with the Administrative Law Judge who heard the case or with any Officer in Charge, Marine Inspection, for forwarding to such Administrative Law Judge.
(ii) [Reserved]
(2) [Reserved]
(d) In the performance of their duties, all Coast Guard Administrative Law Judges are bound by law and the regulations in this chapter or in 33 CFR chapter I. Statements of policy, clarification of points of procedure, and general administrative instructions are published in
(a) Nothing in this chapter shall be construed to prohibit any party from seeking judicial review of any Commandant's decision or action taken pursuant to the regulations in this part or part 5 of this chapter with respect to suspension and revocation proceedings arising under 46 U.S.C. chapter 77.
(b) If the person found guilty of any offense fails to make a timely appeal, the decision of the Administrative Law Judge is final and binding on the person charged as of the date that the decision is delivered to the person charged or his authorized representative.
(a)
(b)
5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46 U.S.C. Chapter 93; Public Law 107-296, 116 Stat. 2135; Department of Homeland Security Delegation No. 1070; § 1.01-35 also issued under the authority of 44 U.S.C. 3507.
(a) The term
(b) The term
(1) For vessels which require a Certificate of Inspection, a new vessel is a vessel which has not received an initial Certificate of Inspection.
(2) For vessels which do not require a Certificate of Inspection, a new vessel is a vessel which has not received a Load Line assignment.
(c) The term
(a) Any person directly affected by a decision or action taken under this chapter or under chapter III of this title, by or on behalf of the Coast Guard, except for matters covered by subpart J of part 5 of this chapter dealing with suspension-and-revocation hearings, shall follow the procedures contained in this section when requesting that the decision or action be reviewed, set aside, or revised.
(b) When requesting that a decision or action be reconsidered or reviewed, as may be required by this subpart, such request must be made within 30 days after the decision is rendered or the action is taken.
(c) When making a formal appeal of a decision or action, as permitted by this subpart, such appeal must be submitted in writing and received by the authority to whom the appeal is required to be made within 30 days after the decision or action being appealed, or within 30 days after the last administrative action required by this subpart. Upon written request and for good cause, the 30 day time limit may be extended by the authority to whom the appeal is required to be made.
(d) A formal appeal must contain a description of the decision or action being appealed and the appellant's reason(s) why the decision or action should be set aside or revised.
(e) When considering an appeal, the Commandant or a District Commander may stay the effect of a decision or action being appealed pending determination of the appeal.
(f) While a request for reconsideration or review or a formal appeal is pending, the original decision or action remains in effect, unless otherwise stayed under paragraph (e) of this section.
(g) The Commandant may delegate authority to act on administrative appeals under this subpart to the Assistant Commandant for Marine Safety and Environmental Protection, and appropriate office chiefs within Marine Safety and Environmental Protection.
(h) Formal appeals made to the Commandant shall be addressed to:
(1) Commandant (G-MOC) for appeals involving vessel inspection issues, load line issues, and vessel manning issues;
(2) Commandant (G-MS) for appeals involving vessel plan review or tonnage measurement issues;
(3) Commanding Officer, National Maritime Center, for appeals involving vessel documentation issues, marine personnel issues, including medical waivers, and suspension or withdrawal of course approvals; or
(4) Commandant (G-MSE) for appeals involving the recognition of a classification society.
(5) Commandant (G-M) for appeals involving decisions or actions of the Director, Great Lakes Pilotage.
(i) Failure to submit a formal appeal in accordance with the procedures and time limits contained in this subpart results in the decision or action becoming final agency action.
(j) Any decision made by the Commandant, or by the Assistant Commandant for Marine Safety and Environmental Protection, or by an office chief pursuant to authority delegated
Any person directly affected by a decision or action of an OCMI may, after requesting reconsideration of the decision or action by the cognizant OCMI, make a formal appeal of that decision or action, via the office of the cognizant OCMI, to the District Commander of the district in which the office of the cognizant OCMI is located, in accordance with the procedures contained in § 1.03-15 of this subpart.
Any person directly affected by a decision or action of a District Commander made pursuant to § 1.03-20 of this subpart, may make a formal appeal of that decision or action, via the office of the cognizant District Commander, to the Commandant, in accordance with the procedures contained in § 1.03-15 of this subpart.
(a) Any person directly affected by a decision or action of the Marine Safety Center involving tonnage measurement or which otherwise affects a new vessel or plans for a vessel to be built may, after requesting reconsideration of the decision or action by the Commanding Officer, Marine Safety Center, make a formal appeal, of that decision or action, via the Commanding Officer, Marine Safety Center, to the Commandant, in accordance with the procedures contained in § 1.03-15 of this subpart.
(b) Any person directly affected by a decision or action of the Marine Safety Center not involving tonnage measurement but which otherwise affects an existing vessel, prior to initiating a formal appeal, must request review of that decision or action by the cognizant OCMI. Following review by the cognizant OCMI, the decision or action under review may be appealed to the District Commander, in accordance with the procedures contained in § 1.03-20 of this subpart.
(a) Any person directly affected by a decision or action of a recognized classification society performing plan review, tonnage measurement, or load line assignment on behalf of the Coast Guard may, after requesting reconsideration of the decision or action by the classification society, make a formal appeal, via the classification society headquarters, to the Commandant, in accordance with the procedures contained in § 1.03-15 of this subpart.
(b) Any person directly affected by a decision or action of a recognized classification society acting as a marine inspector, as defined in § 30.10-43 of this chapter, on behalf of the Coast Guard, prior to initiating a formal appeal, must request review of that decision or action by the cognizant OCMI. Following review by the cognizant OCMI, the decision or action under review may be appealed to the District Commander, in accordance with the procedures contained in § 1.03-20 of this subpart.
Any person directly affected by a decision or action of an officer or employee of the Coast Guard acting on or in regard to the documentation of a vessel under part 67 or suspension or withdrawal of course approvals under part 10 of this chapter, may make a formal appeal of that decision or action to the Commandant (G-MO) via
Any person directly affected by a decision or action of the Director, Great Lakes Pilotage, may make a formal appeal of that decision or action to Commandant (G-M), in accordance with the procedures contained in § 1.03-15 of this subpart.
33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 3103, 3205, 3306, 3307, 3703; 46 U.S.C. Chapter 701; Executive Order 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1; subpart 2.45 also issued under the authority of Act Dec. 27, 1950, Ch. 1155, secs. 1, 2, 64 Stat. 1120 (see 46 U.S.C. App. Note prec. 1).
(a)
(i) CG-3752—Application for Inspection of U.S. Vessel.
(ii) CG-986—Application for Inspection of Foreign Vessel.
(2) These applications require information on name and type of vessel, nature of employment and route in which to be operated, and place where and date when the vessel may be inspected.
(b)
(c)
(d)
(2) Foreign-built vessels are not permitted to engage in the U.S. coastwise trade (domestic trade) unless specifically authorized by law. Therefore, when foreign-built vessels are intended for use in the coastwise trade as defined by the U.S. Customs Service, such vessels will not be inspected and certificated unless specifically authorized by law to engage in coastwise trade.
(a) At least 30 days prior to the expiration of the Certification of Inspection, a vessel's owner, charterer, managing operator, agent, master or individual in charge shall notify the Coast Guard if the vessel will be required to be reinspected for certification or will be operated in such a manner as to not require a Certificate of Inspection.
(b) The notification required by paragraph (a) shall be in writing and shall be submitted to the Officer in Charge, Marine Inspection for the Marine Inspection or Marine Safety Office of the port that:
(1) Will be reinspecting and Certificating the Vessel;
(2) Issued the vessel's current Certificate of Inspection if the vessel's schedule is such that it is not known where the next reinspection will take place; or
(3) Issued the vessel's current Certificate of Inspection if the vessel will not be requiring reinspection for the issuance of a Certificate of Inspection.
(a)
(1) CG-841—Certificate of Inspection.
(2) CG-854—Temporary Certificate of Inspection.
(b)
(c)
(a)
(1) CG-4504—Control Verification for Foreign Vessel—issued to a foreign vessel that is registered in a country which is signatory to the International Convention for the Safety of Life at Sea, 1974.
(2)(i) CG-2832A—Letter of Compliance—issued to a foreign vessel that is suitable for carriage of hazardous cargoes in bulk as defined in 46 Code of Federal Regulations, subchapter 0 and is in compliance with Tankship Cargo Venting and Handling Systems and Minimum Pollution Prevention Regulations and Transfer Procedures (33 CFR parts 155, 156, 157 and 159), and Navigation Safety Inspection Regulations (33 CFR part 164).
(ii) Letter of Compliance—issued to Foreign Mobile Offshore Drilling Units engaged in Outer Continental Shelf activities under 33 CFR 143.210.
(3) CG-840S-1—Tank Vessel Examination Letter—issued to a foreign vessel that is suitable for carriage of cargoes as defined in 46 Code of Federal Regulations, subchapter D and is in compliance with Tankship Cargo Venting and Handling Systems and Minimum Safety Standards (SOLAS 74—46 CFR part 35), Pollution Prevention Regulations and Transfer Procedures (33 CFR parts 155, 156, 157 and 159), and Navigation Safety Regulations (33 CFR part 164).
(4) Foreign vessels of countries which are nonsignatory to the International Convention for the Safety of Life at Sea, 1974, are issued a Temporary Certificate of Inspection (CG-854) and a Certificate of Inspection (CG-841) as described in § 2.01-5.
(b)
(2) CG-2832A—Letter of Compliance—describe the vessel and the period for which the letter is valid.
(3) CG-840S-1—Tank Vessel Examination Letter—describe the vessel and if there are any deficiencies as to applicable regulations at the time the vessel was examined. If there are deficiencies they are listed in an attachment to this letter (CG-840S-2). The Tank Vessel Examination Letter is valid for a period of 1 year from the date the examination is completed.
(4) Temporary Certificate of Inspection (CG-854) and Certificate of Inspection (CG-841) are amended as provided for in § 2.01-5(c).
(a) The regulations in this chapter concerning inspecting and certificating
(b) The specific application of regulations concerning inspecting and certificating vessels is set forth in the specific subchapter governing a particular class of vessels.
(1) For passenger vessels see part 70 of subchapter H (Passenger Vessels) of this chapter.
(2) For cargo and miscellaneous vessels see part 90 of subchapter I (Cargo
(3) For tank vessels see part 30 of subchapter D (Tank Vessels) of this chapter.
(4) For small passenger vessels see part 114 of subchapter K (Small Passenger Vessels Carrying More Than 150 Passengers or with Overnight Accommodations for More Than 49 Passengers) and part 175 of subchapter T (Small Passenger Vessels) of this chapter.
(5) For uninspected vessels see part 24 of subchapter C (Uninspected Vessels) of this chapter.
(6) For vessels carrying certain bulk dangerous cargoes see subchapter O of this chapter.
(a) Where, in various places or portions in this chapter, requirements are stipulated specifically for
(b) For details regarding application of Convention requirements to tankships, see § 30.01-6 of this chapter; to passenger vessels, see § 70.05-10 of this chapter; to cargo ships other than tankships, see § 90.05-10 of this chapter; and to small passenger vessels, see §§ 115.900 and 176.900 of this chapter. (E.O. 11239, 30 FR 9671, 3 CFR, 1965 Supp.).
(a) If during the inspection of a vessel made at the request of the master, owner, or agent, the vessel or her equipment is found not to conform to the requirements of law or regulations in this chapter, the requirements which must be met will be listed on Form CG-835, Notice of Merchant Marine Inspection Requirements, and given to the master of the vessel.
(b) The Coast Guard on its own initiative may examine or inspect or reinspect at any time any vessel subject to inspection under Subtitle II, Title 46 of the U.S. Code, Title 46 and Title 33 U.S. Code. If during such examination, inspection, or reinspection, any failure to comply with any applicable requirement of law and/or applicable regulations in this chapter, or any defects or imperfections become apparent tending to render the navigation of the vessel unsafe, or that repairs have become necessary, the Coast Guard will so notify the master and state what is required.
(a) Foreign vessels registered in countries which are parties to the effective International Convention for Safety of Life at Sea are normally subject to the examination provided for in Chapter I of that Convention. However, in the case of any vessel involving novel features of design or construction, upon which that Convention is silent or which involve potential unusual operating risks, a more extensive inspection may be required when considered necessary to safeguard the life or property in United States ports where such vessel may enter. In such a case, pertinent plans and/or calculations may be required to be submitted sufficiently in advance to permit evaluation before inspection.
(b) Foreign vessels registered in countries which are not parties to the effective International Convention for Safety of Life at Sea, or foreign vessels registered in countries which are parties to the effective Convention but which vessels are exempted from part or all of the Convention, may under conditions specified in applicable inspection laws be subject to inspection
(c) For details concerning application of regulations to foreign vessels, see part 30 (Tank Vessels), part 70 (Passenger Vessels), part 90 (Cargo and Miscellaneous Vessels), § 147.1 (Dangerous Cargoes), part 148 (Bulk Solid Hazardous Materials), parts 153 and 154 (Certain Bulk Dangerous Cargoes), and part 175 (Small Passenger Vessels) of this chapter.
(a) No repairs or alterations affecting the safety of the vessel or its machinery shall be made unless applicable requirements in this chapter are met. The procedures to be followed in notifying the Coast Guard about vessel repairs vary according to the type of vessel and service in which engaged. The requirements are set forth in the subchapter governing a particular class of vessels or in a subchapter governing a particular subject as follows:
(1) For passenger vessels that are 100 gross tons or more, see §§ 71.55-1 and 71.60-1 of subchapter H (Passenger Vessels) of this chapter.
(2) For small passenger vessels under 100 gross tons, see § 176.700 of subchapter T (Small Passenger Vessels) of this chapter.
(3) For cargo and miscellaneous vessels, see §§ 91.45-1 and 91.50-1 of subchapter I (Cargo and Miscellaneous Vessels) of this chapter.
(4) For tank vessels, see §§ 31.10-25 and 35.01-1 of subchapter D (Tank Vessels) of this chapter.
(5) For public nautical schoolships, see §§ 167.30-1 and 167.30-10 of subchapter R (Nautical Schools) of this chapter.
(6) For oceanographic vessels, see §§ 189.45-1 and 189.50-1 of subchapter U (Oceanographic Vessels) of this chapter.
(7) For repairs to a vessel after it has been surveyed, see § 42.09-50 of subchapter E (Load Lines) of this chapter.
(8) For repairs to boilers, pressure vessels, and appurtenances, see part 59 of subchapter F (Marine Engineering) of this chapter.
(9) For repairs to electrical installations or equipment, see §§ 111.05-5(e), 111.05-10(e), and 111.90-5 of subchapter J (Electrical Engineering) of this chapter.
(10) For vessels carrying compressed gases regulated by subchapter O (Certain Bulk Dangerous Cargoes), see § 151.50 30(c) of this chapter.
(11) For repairs to a vessel that affects its subdivision or stability, see § 170.005 of this chapter.
(b) If repairs to a vessel are necessary, such a vessel may be permitted to proceed to another port for repairs, if in the opinion of the marine inspector it can be done with safety. The permit is granted by the Officer in Charge, Marine Inspection, upon request in writing by the master or owner of the vessel and is issued on Coast Guard Form CG-948, Permit to Proceed to Another Port for Repairs. The requirements for such permits are set forth in the subchapter governing a particular class of vessels as follows:
(1) For passenger vessels that are 100 gross tons or more, see subpart 71.05 of subchapter H (Passenger Vessels) of this chapter.
(2) For small passenger vessels under 100 gross tons, see subpart B of subchapter T (Small Passenger Vessels) of this chapter.
(3) For cargo and miscellaneous vessels, see subpart 91.05 of subchapter I (Cargo and Miscellaneous Vessels) of this chapter.
(4) For tank vessels, see § 31.10-35 of subchapter D (Tank Vessels) of this chapter.
(5) For public nautical schoolships, see § 167.30-5 of subchapter R (Nautical Schools) of this chapter.
(6) For oceanographic vessels, see subpart 189.05 of subchapter U (Oceanographic Vessels) of this chapter.
Under the authority if 46 U.S.C. 3313 and 46 U.S.C. 3710, a certificate of inspection issued to a vessel may be suspended revoked if a vessel is found not to comply with the terms of its certificate or fails to meet a standard required by this chapter.
(a)
(i) Passenger Ship Safety Certificate.
(ii) Cargo Ship Safety Construction Certificate.
(iii) Cargo Ship Safety Equipment Certificate.
(iv) Cargo Ship Safety Radio Certificate.
(v) Nuclear Passenger Ship Safety Certificate.
(vi) Nuclear Cargo Ship Safety Certificate.
(vii) Safety Management Certificate.
(viii) International Ship Security Certificate.
(2) The U.S. Coast Guard will issue through the Officer In Charge, Marine Inspection, the following certificates after performing an inspection or safety management audit of the vessel's systems and determining the vessel meets the applicable requirements:
(i) Passenger Ship Safety Certificate.
(ii) Cargo Ship Safety Construction Certificate, except when issued to cargo ships by a Coast Guard recognized classification society at the option of the owner or agent.
(iii) Cargo Ships Safety Equipment Certificate.
(iv) Exemption Certificate.
(v) Nuclear Passenger Ship Safety Certificate.
(vi) Nuclear Cargo Ship Safety Certificate.
(vii) Safety Management Certificate, except when issued by a recognized organization authorized by the Coast Guard.
(3) When authorized by the Commandant, U.S. Coast Guard, the American Bureau of Shipping may issue to cargo and tankships which it classes the Cargo Ship Safety Construction Certificate.
(4) The Federal Communications Commission will issue the following certificates:
(i) Cargo Ship Safety Radio Certificate.
(ii) Exemption Certificate.
(b)
(2) For vessels other than passenger vessels, you must contact the local office of the Federal Communications Commission to apply for the inspection concerning the issuance of a Cargo Ship Safety Radio Certificate.
(c)
(2) A Convention certificate may be withdrawn, revoked or suspended at any time when it is determined the vessel is no longer in compliance with applicable requirements. (See § 2.01-70 for appeal procedures.)
(d)
(2) The completed Form CG-969 may be exhibited in explanation of the failure of the passenger ship to have on board a current Passenger Ship Safety Certificate. This completed form CG-969 may be accepted as prima facie evidence that the passenger ship described therein is in compliance with the applicable requirements of the Convention.
(e)
(2) The Federal Communications Commission issues the Exemption Certificate, which modifies the Cargo Ship Safety Radio Certificate.
(f)
(g)
By USCG-2003-14749, 68 FR 39314, July 1, 2003, § 2.01-25 was amended by adding paragraph (a)(1)(viii), effective July 1, 2003, until Nov. 25, 2003.
The OCMI may redelegate to one individual on his or her staff authority to sign documents issued under this subpart.
(a) Under the authority of 46 U.S.C. 3304, a documented vessel transporting cargo may be allowed by its certificate of inspection to carry not more than 12 individuals in addition to the crew on international voyages and not more than 16 individuals in addition to the crew on other voyages.
(b) The application for permission to carry persons in addition to the crew may be included in the application described in § 2.01-1. If granted it is endorsed on the certificate of inspection.
(a) Under 46 U.S.C. 2113, the Coast Guard may issue a permit to the owner, operator, or agent of a passenger vessel, allowing the vessel to engage in excursions that carry additional numbers of passengers, extend an existing route, or both. Details concerning the application process for excursion permits for inspected passenger vessels are contained in §§ 71.10, 115.204, or §176.204 of this chapter. Details concerning the application process for special permits for uninspected passenger
(b) For Marine Events of National Significance, as determined by the Commandant, U.S. Coast Guard, a vessel may be permitted to engage in these events while carrying passengers-for-hire for the duration of the event. Event sponsors must request this determination in writing from the Commandant (G-M) at least 1 year prior to the event. Details concerning the application process for special permits for Marine Events of National Significance are contained in § 26.03-8 of this chapter.
(c) The application for an excursion permit is made by the master, owner, or agent of the vessel to the Officer in Charge, Marine Inspection, on Coast Guard Form CG-950, Application for Excursion Permit. If, after inspection, permission is granted, it is given on Coast Guard form CG-949, Permission to Carry Excursion Party. The permit describes the vessel, the route over which and the period during which the excursions may be made, and the safety equipment required for the additional persons indicated.
(a) A steam vessel engaged in towing, oyster dredging and planting, and fishing may be permitted to carry persons in addition to its crew.
(b) The application for a permit to carry such persons may be included in the application described in § 2.01-1. If granted it is endorsed on the certificate of inspection.
(a)
(b)
(c)
Any person directly affected by a decision or action taken under this part, by or on behalf of the Coast Guard, may appeal therefrom in accordance with subpart 1.03 of this chapter.
(a) The waters of southeastern Alaska inside of the general trend of the shore from Cape Spencer, southeasterly to Cape Muzon, and thence easterly to Sitklan Island, shall be considered as bays, sounds, and lakes other than the Great Lakes, for the purpose of administering the vessel inspection laws and applicable regulations in this chapter.
(a) This subpart establishes vessel inspection fees for all vessels required to have a Certificate of Inspection and vessel examination fees for all foreign vessels required to have either a Letter
(b) The fees in this subpart do not apply to:
(1) Vessels being inspected for the initial issuance of a Certificate of Inspection;
(2) Foreign passenger vessels;
(3) Training vessels operated by State maritime academies;
(4) Public vessels of the United States except for Maritime Administration vessels; and
(5) Publicly owned ferries.
(a) Vessels owned or operated by a non-profit organization may be exempted from payment of the fees required by this subpart, only if the vessel is used exclusively for one or more of the following:
(1) Training youth in boating, seamanship, or navigation skills;
(2) Educating youth in a course of marine environmental studies;
(3) Providing excursions for persons with disabilities as defined under the Americans with Disabilities Act (ADA) [42 U.S.C. 12102(2)]; or
(4) Providing medical services.
(b) Vessels owned or operated by the Federal government or the government of any State or political subdivision thereunder may be exempted from the fees required by this subpart provided the vessel is used exclusively for one or more of the purposes listed in paragraph (a) of this section.
(c) The term
(1) The carriage of adult volunteers or crew, or
(2) The vessel's use for fundraising activities without regard to the age of the participants aboard the vessel, provided revenues raised are for the operation and maintenance of the vessel and that such fundraising activities do not exceed one day of fundraising for each month of the vessel's operating season.
(d) Vessel owners or operators may submit a written request for exemption to the Officer in Charge, Marine Inspection, of the Marine Inspection Zone in which the vessel normally operates. The exemption request must provide the vessel name, the vessel identification number, and evidence that the organization and the vessel meet the criteria set forth in this section.
The Commandant (G-MRP) will waive collection of vessel inspection fees in this subpart for a Federally-owned or operated vessel if the fee would be directly paid by an agency acting as the vessel owner using Federal appropriated funds. By October 1 of each year, Federal agencies shall provide Commandant (G-MRP) with a list of the names and vessel identification numbers of vessels for which a fee waiver is requested.
(a) Unless otherwise specified, vessel owners must pay the fees required by this subpart before inspection or examination services are provided.
(b) Fees required by this subpart must be paid in U.S. currency by check or money order, drawn on a U.S. bank, and made payable to the U.S. Treasury.
(c) All payments must be accompanied by the vessel name and its vessel identification number.
(d) Unless otherwise specified, fees required by this subpart must be mailed to the following address: USCG Inspection Fees, PO Box 105663, Atlanta, GA 30348-5663.
(e) For purposes of this subpart, the address for Commandant (G-MRP) is: Commandant (G-MRP), United States Coast Guard, 2100 Second Street S.W., Washington, DC 20593-0001.
(f) Information concerning a vessel's user fee anniversary date may be obtained from any Coast Guard Marine Safety or Marine Inspection Office.
The following definitions apply to this subpart:
(1) Operates in other than ocean or coastwise service;
(2) Has provisions only for deck passengers or vehicles, or both;
(3) Operates on a short run on a frequent schedule between two points over the most direct water route; and
(4) Offers a public service of a type normally attributed to a bridge or tunnel.
(1) Is propelled by machinery other than steam;
(2) Does not meet the definition of a passenger-carrying vessel in 46 U.S.C. 2101(22) or 46 U.S.C. 2101(35);
(3) Is more than 15 but less than 500 gross tons (as measured under the Standard, Dual, or Simplified Measurement System under part 69, subpart C, D or E of this chapter) or less than 6,000 gross tons (as measured under the Convention Measurement System under part 69, subpart B of this chapter); and
(4) Regularly carries goods, supplies, individuals in addition to the crew, or equipment in support of exploration, exploitation, or production of offshore mineral or energy resources.
(1) Carrying more than 12 passengers, including at least one passenger for hire;
(2) That is chartered and carrying more than 12 passengers; or
(3) That is a submersible vessel carrying at least one passenger for hire.
(1) Carrying more than 6 passengers, including at least one passenger for hire;
(2) That is chartered with the crew provided or specified by the owner or the owner's representative and carrying more than 6 passengers;
(3) That is chartered with no crew provided or specified by the owner or the owner's representative and carrying more than 12 passengers; or
(4) That is a submersible vessel carrying at least one passenger for hire.
(a)(1) Unless otherwise provided by this subpart, each vessel required to have a Certificate of Inspection is subject to the annual vessel inspection fee listed in table 2.10-101 for its vessel category.
(2) A vessel certificated for more than one service must pay only the higher of the two applicable fees in table 2.10-101 of this section.
(b) The vessel owner or operator must pay the annual vessel inspection fee each year on or before the vessel's user fee anniversary date, unless the fee has been prepaid under § 2.10-103 of this subpart.
(c) Payment of the annual vessel inspection fee entitles a vessel to all inspection services related to compliance with its Certificate of Inspection, including but not limited to the inspection for renewal of the Certificate of Inspection, reinspections (midperiod inspections), hull (drydock) inspections, deficiency inspections, damage surveys, repair and modification inspections, change in vessel service inspections, permit to proceed inspections, drydock extension inspections, and all inspections required for the issuance of international certificates.
(d) Entitlement to inspection services for the current year remains with the vessel if it is sold. The entitlement to inspection services may not be transferred to any other vessel.
(a) Vessel owners may prepay the annual vessel inspection fee for any period of not less than three years, and not more than the design life or remaining expected service life of the vessel.
(b) To prepay the annual vessel inspection fee for a period of three or more years, the owner must submit a written request to Commandant (G-MRP) specifying the vessel identification number and the period for which prepayment is to be made.
(c) The total of the annual fees for the requested prepayment period will be discounted to its net present value using the following formula:
(d) When the annual vessel inspection fee has been prepaid, the entitlement to inspection services for the prepayment period attaches to the vessel and remains with the vessel if it is sold. The entitlement to inspection services may not be transferred to any other vessel.
(e) If a vessel is removed from Coast Guard certification and the vessel owner surrenders the vessel's Certificate of Inspection, the owner may request a refund of the remaining prepayment amount. The annual vessel inspection fee will not be refunded for the year in which the Certificate of Inspection is surrendered. The request for refund must be submitted to the Officer in Charge, Marine Inspection to whom the Certificate of Inspection is surrendered.
(a) If a vessel certificated for a single service changes service, the annual vessel inspection fee is not adjusted during the year in which a change in service occurs. The annual vessel inspection fee for the new vessel category is payable on the vessel's user fee anniversary date immediately following the date of the change in service.
(b) If a change in service occurs and the annual vessel inspection fee has been prepaid, Commandant (G-MRP) will recalculate the prepayment amount based on the new vessel category and advise the owner of available prepayment options.
(a) In addition to any other fee required by this subpart, an overseas inspection and examination fee of $4,585 must be paid for each vessel inspection and examination conducted outside the United States and its territories. This fee does not apply to vessel inspections and examinations conducted in Canada, Mexico, or the British Virgin Islands.
(b) The overseas inspection and examination fee for each vessel must accompany each request to the cognizant Officer in Charge, Marine Inspection for an overseas inspection or examination.
Each foreign tankship of a country party to the International Convention for the Safety of Life at Sea, 1974 as amended, must pay:
(a) For examination for the issuance of a Letter of Compliance under § 2.01-6(a)(2)(i) of this part, or examination for the annual endorsement to a Letter of Compliance, a fee of $1,100.
(b) For examination for the issuance of a Tank Vessel Examination Letter under § 2.01-6(a)(3) of this part, a fee of $1,100.
Each foreign mobile offshore drilling unit must pay:
(a) For examination for the issuance of a Letter of Compliance indicating compliance with the design and equipment standards of either the documenting nation or the International Maritime Organization Code for Construction and Equipment of Mobile Offshore Drilling Units, a fee of $1,830.
(b) For examination for the issuance of a Letter of Compliance indicating compliance with the design and equipment standards of 46 CFR part 108, the inspection fee listed in table 2.10-101 of this subpart for the same type of mobile offshore drilling unit.
(a) A vessel owner or operator who fails to pay a fee or charge established under this subpart is liable to the United States Government for a civil penalty.
(b) In addition to the fees established in this subpart, the Coast Guard may recover collection and enforcement costs associated with delinquent payments of, or failure to pay, a fee. Coast Guard inspection and examination services may also be withheld pending payment of outstanding fees owed to the Coast Guard for inspection and examination services provided.
(c) Each District Commander or Officer in Charge Marine Inspection may request the Secretary of the Treasury, or the authorized representative thereof, to withhold or revoke the clearance required by 46 U.S.C. app. 91 of a vessel for which a fee or charge established under this part has not been paid or until a bond is posted for the payment.
(a) Repairs to boilers and pressure vessels. The chief engineer is required to report any repairs to boilers or unfired pressure vessels in accordance with §§ 33.25-5, 78.33-1, and 97.30-1 of this chapter.
(b) The chief engineer of any vessel is required to report any accident to a boiler, unfired pressure vessel, or machinery tending to render the further use of the item unsafe until repairs are
(c) The chief engineer shall report the renewal of fusible plugs in boilers by letter to the Officer in Charge, Marine Inspection, who issued the certificate of inspection when such fusible plugs are renewed at other than the inspection for certification and there is no marine inspector in attendance at the renewal. This letter report shall contain the following information:
(1) Name and official number of vessel.
(2) Date of renewal of fusible plugs.
(3) Number and location of fusible plugs renewed in each boiler.
(4) Manufacturer and heat number of each plug.
(5) Reason for renewal.
No repairs or alterations shall be made to any lifesaving or fire-detecting or fire-extinguishing equipment except in an emergency without advance notice to the Officer in Charge, Marine Inspection. See §§ 78.33-10 and 97.30-10 of this chapter.
Civil and criminal penalty procedures appear in 33 CFR part 1. Civil monetary penalty amounts are set forth in 33 CFR part 27.
(a) Certain navigation and vessel inspection laws, or regulations in this chapter or in 33 CFR chapter I, require the Commandant's approval before specific types of safety equipment, materials, or installations may be installed or used on vessels subject to Coast Guard inspection, or on other described vessels, motorboats, artificial islands, and fixed structures.
(b) The Commandant's approvals are issued to persons, partnerships, companies, or corporations who offer for sale specific items of safety equipment, materials, or installations, or intend them for their own or others' use. These approvals are intended to provide a control over the quality of such approved items. The Commandant's approvals apply only to those items constructed or installed in accordance with applicable requirements, and the details as described in the documents granting specific approval. If a specific item when manufactured does not comply with these details, then it is not considered to be approved and the approval issued does not apply to such modified item. For example, if an item is manufactured with changes in design or material not previously approved, the approval does not apply to such modified item. The failure to comply with applicable requirements and details specified in the approval subjects the holder to immediate suspension of approval as described in § 2.75-40, and if necessary, to a public hearing seeking withdrawal of approval and removal of all such items from use or installation as provided in § 2.75-50.
(c) The Commandant's approvals are issued to qualified holders in the form of certificates of approval (Form CGHQ-10030), by appropriate description and identification in documents filed with the Office of the Federal Register and published in the
(d) The approvals granted to holders qualifying under the regulations in this chapter or in specifications, copies of which may be obtained from the Commandant (G-MSE), and to which official Coast Guard numbers are assigned, will be in the form of certificates of approval. Unless specifically provided otherwise, the approval shall be valid for a period of five years from the date on the certificate of approval, but subject to suspension and/or cancellation if it is found the item offered, sold, or used as Coast Guard approved differs in any detail from the item as described in the certificate of approval and referenced material.
(e) A specific Commandant's approval granted to anyone, which is described in a certificate of approval, or a letter, or marked plans, etc., cannot be transferred to another without a specific prior authorization from the Commandant. Such a transfer without the Commandant's authorization normally terminates such approval.
(f) A listing of current and formerly approved equipment and materials is published by the Coast Guard from time to time in “Equipment Lists” (COMDTINST M16714.3 series), which is available for sale from the Superintendent of Documents, Government Printing Office.
(a) The Assistant Commandant for Marine Safety and Environmental Protection or his delelegate, will issue a certificate of approval to the manufacturer or party named therein and certify that such manufacturer or party has submitted satisfactory evidence that the item described therein complies with the applicable laws and regulations, which are outlined on the reverse side of the certificate.
(b) The approval shall be in effect for a period of 5 years from the date on the certificate of approval unless sooner canceled or suspended by proper authority, or otherwise specifically stated in the certificate.
(a) The requirements for obtaining approvals of items covered by specifications and bearing official Coast Guard approval numbers are set forth in parts 159 through 164 of this chapter. For other items, the requirements are described in the regulations governing such items.
(b) Unless otherwise specified, correspondence concerning approvals should be addressed to the Commandant (G-MSE), U.S. Coast Guard, Washington, DC 20593-0001. When plans, drawings, test data, etc., are required to be submitted by the manufacturer, the material being transmitted with the application should be clearly identified.
(a) Approved items described in certificates of approval are usually required to meet specific requirements and/or tests, prior to obtaining the approval. Additional factory tests to determine that proper uniformity and quality controls are followed during the manufacture of the specific items may be required. These requirements governing the manufacturer in particular are set forth in the regulations in this chapter or in specifications, copies of which may be obtained from the Commandant (G-MSE). If the requirements are met, a certificate of approval will be issued.
(b) When the specific item described in an application, together with accompanying drawings, plans, etc., does not meet applicable requirements or fails to meet specified tests, the applicant will be notified accordingly. The Coast Guard may suggest changes in order for the item to qualify and permit the issuance of an approval.
(c) For items not covered by specification requirements in parts 160 to 164, inclusive (subchapter Q—Specifications) of this chapter, the requirements in the navigation and vessel inspection laws, and applicable regulations in this chapter or in 33 CFR chapter I apply and shall be met before approvals may be issued.
(a) The portable fire extinguishers listed and labeled as
(b) The procedures for manufacturers to follow and the requirements governing portable fire extinguishers to qualify being listed and labeled as
(c) The procedures for a laboratory to qualify as a
(1) The laboratory shall submit an informal application in writing on its usual letterhead paper to the Commandant (G-M), United States Coast Guard, Washington, DC 20593, requesting recognition and listing, as a recognized laboratory.
(2) Accompanying the informal application, as identified enclosures, shall be:
(i) A certification that it is a laboratory which has been and is regularly engaged in the examination, testing, and evaluation of portable fire extinguishers.
(ii) A certification that it has an established factory inspection, listing, and labeling program, together with a complete description of it and how it works.
(iii) A description of its facilities used in the examination, testing, and evaluation of portable fire extinguishers, together with its name (if different from that of submitter), and location (city, street, and state).
(iv) A list of the names and home and office addresses of its principal officers and its managing directors (if any).
(v) A description of its special standards for listing and labeling portable fire extinguishers as
(3) If the Commandant finds that a laboratory qualifies as a
(a) Whenever it is determined that a specific item is not in compliance with the applicable laws, rules, and regulations, and the requirements specified in the approval issued by the Coast Guard, the District Commander or the Officer in Charge, Marine Inspection, will immediately notify the holder of the approval wherein the specific item fails to meet applicable requirements. If the defects, deficiencies or variations in the item are deemed important, such
(b) The procedures for appealing the temporary suspension shall be those described in § 2.01-70.
(a) The Commandant may withdraw approval for any item which is found not to be in compliance with the conditions of approval, found to be unsuitable for its intended purpose, or does not meet the requirements of applicable regulations.
(b) Approvals of equipment are terminated when the manufacturer is no longer in business, or when the item is no longer being manufactured, or when the approval expires.
(c) Any person directly affected by a decision to deny, withdraw, or terminate an approval may appeal the decision to Assistant Commandant for Marine Safety and Environmental Protection (G-M) as provided in § 1.03-15 of this chapter.
Hazardous ships' stores, as defined in § 147.3 of this chapter, must not be brought on board or used on any vessel unless they meet the requirements of part 147 of this chapter.
(a) Welding procedures and welder performance utilized in the fabrication of vessels and their various systems and components subject to Coast Guard inspection shall be qualified as required by the applicable subchapter. For applicable requirements see §§ 32.60-1(a) of subchapter D (Tank Vessels), § 72.01-15 of subchapter H (Passenger Vessels), § 92.01-10 of subchapter I (Cargo and Miscellaneous Vessels), or § 190.01-10 of subchapter U (Oceanographic Vessels) of this chapter. See part 57 of subchapter F (Marine Engineering) for requirements for the welding of pressure piping, boilers, pressure vessels, and nonpressure vessel type tanks, and associated secondary barriers as defined in § 38.05-4 of subchapter D (Tank Vessels) of this chapter.
Most U.S. vessels, and foreign vessels in U.S. waters are required to have load line assignments in accordance with 46 U.S.C. Chapter 51. The load lines marks when placed on a vessel indicate the maximum draft to which such vessel can be lawfully submerged, in the various circumstances and seasons applicable to such vessel. See subchapter E (Load Lines) of this chapter for applicable details governing assignment and marking of load lines.
(a) Drawings, blueprints or plans showing the details of construction of vessels subject to inspection or installations thereon are required to be submitted for approval in accordance with applicable regulations in this chapter, information as to which may be obtained at any local Marine Inspection Office.
(b) The requirements for passenger vessel construction are in parts 43-46, 70-78, of this chapter.
(c) The requirements for tank vessel construction are in parts 30-39, 43-45, of this chapter.
(d) The requirements for cargo and miscellaneous vessel construction are in parts 43-45, 90-97, of this chapter.
(e) The requirements for marine engineering installations or equipment are in parts 50-69 of this chapter.
(f) The requirements for electrical engineering installations or equipment are in parts 110-113 of this chapter.
(g) The requirements for items to be manufactured under specific approval by the Commandant are in parts 160-164 of this chapter.
(h) The requirements for vessels carrying certain bulk dangerous cargoes are in parts 148, 151, 153, and 154 of this chapter.
(i) The requirements for subdivision and stability plans and calculations are in part 170 of this chapter.
(a) Certificates or documents issued to the public, as required by laws, rules, or regulations, shall be retained for the applicable period of time, as follows:
(1) If the certificate or document specifies a definite period of time for which it is valid, it shall be retained for so long as it is valid unless it is required to be surrendered; or,
(2) If the certificate or document does not specify a definite period of time for which it is valid, it shall be retained for that period of time such certificate or document is required for operation of the vessel; or,
(3) If the certificate or document is evidence of a person's qualifications, it shall be retained for so long as it is valid unless it is required to be surrendered.
(b) Nothing in this section shall be construed as preventing the Coast Guard from canceling, suspending, or withdrawing any certificate or document issued at any time.
(a) Certificates or documents issued by other public agencies or private organizations, which are accepted as prima facie evidence of compliance with requirements administered by the Coast Guard, shall be retained for the applicable period of time as follows:
(1) If the certificate or document specifies a definite period of time for which it is valid, it shall be retained for so long as it is valid unless it is required to be surrendered; or
(2) If the certificate or document does not specify a definite period of time for which it is valid, it shall be retained for the period of time such certificate or document is required for operation of the vessel; or,
(3) If the certificate or documents is evidence of a person's qualifications, it shall be retained for so long as it is valid unless it is required to be surrendered.
(a) The manufacturer of any equipment or material, which must also be approved by or found satisfactory for use by the Commandant, shall keep the required drawings, plans, blueprints, specifications, production models (if any), qualification tests, and related correspondence containing evidence that the Coast Guard has found such equipment or material satisfactory, during the period of time the approval or listing is valid. Most of the specifications containing detailed descriptions of records required to be retained by the public are in parts 160 to 164, inclusive in subchapter Q (Specifications) of this chapter.
46 U.S.C. 2113, 3306; 49 CFR 1.46.
The purpose of the regulations in this part is to establish standard procedures for the designation of certain vessels as oceanographic research vessels as defined in 46 U.S.C. 2101(18).
The regulations in this subchapter are applicable to U.S. flag vessels desiring designation as oceanographic research vessels in accordance with 46 U.S.C. 2101(18).
A letter issued by an Officer in Charge, Marine Inspection, designating an uninspected vessel as an oceanographic research vessel.
“An oceanographic research vessel is a vessel which the U.S. Coast Guard finds is employed exclusively in one or more of the following:
(a) Oceanographic instruction;
(b) Limnologic instruction;
(c) Oceanographic research; or,
(d) Limnologic research.”
(a) Upon written request by the owner, master, or agent of a vessel, a determination will be made by the Officer in Charge, Marine Inspection, of the zone in which the vessel is located, whether the vessel may be designated as an oceanographic research vessel.
(b) The request should contain sufficient information to allow the Officer in Charge, Marine Inspection, to make this determination. At a minimum, the following items must be submitted:
(1) A detailed description of the vessel, including its identification number, owner and charterer.
(2) A specific operating plan stating precisely the intended use of the vessel.
(3) Any additional information as may be requested by the Officer in Charge, Marine Inspection.
(c) If designation is granted, it shall be indicated as follows:
(1) For inspected vessels—indicated on the certificate of inspection, valid for its duration.
(2) For uninspected vessels—indicated by a letter of designation, which shall be maintained on board the vessel and remain in effect for two years from date of issuance.
(d) All designations shall remain valid for the period specified on the applicable document, provided all operating conditions remain unchanged from the date of designation.
(e) In the event of a change in operating conditions, the owner, master, or agent of the vessel shall advise the Officer in Charge, Marine Inspection who issued the designation. After reviewing the pertinent information concerning the operational changes, the Officer in Charge, Marine Inspection, shall determine if the vessel is still eligible to retain its designation as an oceanographic research vessel.
At least 60 days prior to the expiration date of the letter of designation or certificate of inspection, a request for renewal must be submitted in the same manner as described in 3.10-1. However, if the request for renewal is submitted to the Officer in Charge, Marine Inspection, who made the initial determination and all operating conditions
Any person directly affected by a decision or action taken under this part, by or on behalf of the Coast Guard, may appeal therefrom in accordance with subpart 1.03 of this chapter.
33 U.S.C. 1231; 43 U.S.C. 1333; 46 U.S.C. 2103, 2306, 6101, 6301, 6305; 50 U.S.C. 198; 49 CFR 1.46. Authority for subpart 4.40: 49 U.S.C. 1903(a)(1)(E); 49 CFR 1.46.
The regulations in this part govern the reporting of marine casualties, the investigation of marine casualties and the submittal of reports designed to increase the likelihood of timely assistance to vessels in distress.
(a) Vessels subject to 33 CFR 173.51 are excluded from the requirements of subpart 4.05.
(b) Vessels which report diving accidents under 46 CFR 197.484 regarding deaths, or injuries which cause incapacitation for greater than 72 hours, are not required to give notice under § 4.05-1(a)(5) or § 4.05-1(a)(6).
(c) Vessels are excluded from the requirements of § 4.05-1(a)(5) and (a)(6) with respect to the death or injury of shipyard or harbor workers when such accidents are not the result of either a vessel casualty (e.g., collision) or a vessel equipment casualty (e.g., cargo boom failure) and are subject to the reporting requirements of Occupational Safety and Health Administration (OSHA) under 29 CFR 1904.
(d) Except as provided in subpart 4.40, public vessels are excluded from the requirements of this part.
(a) The term
(b) The term
(c) The term
The term
(a) Any marine casualty or accident as defined in § 4.03-1 which is required by § 4.05-1 to be reported to the Coast Guard and which results in any of the following:
(1) One or more deaths;
(2) An injury to a crewmember, passenger, or other person which requires professional medical treatment beyond first aid, and, in the case of a person employed on board a vessel in commercial service, which renders the individual unfit to perform routine vessel duties;
(3) Damage to property, as defined in § 4.05-1(a)(7) of this part, in excess of $100,000;
(4) Actual or constructive total loss of any vessel subject to inspection under 46 U.S.C. 3301; or
(5) Actual or constructive total loss of any self-propelled vessel, not subject to inspection under 46 U.S.C. 3301, of 100 gross tons or more.
(b) A discharge of oil of 10,000 gallons or more into the navigable waters of the United States, as defined in 33 U.S.C. 1321, whether or not resulting from a marine casualty.
(c) A discharge of a reportable quantity of a hazardous substance into the navigable waters of the United States, or a release of a reportable quantity of a hazardous substance into the environment of the United States, whether or not resulting from a marine casualty.
The term
The term
The term
The term
The term
The Commandant, U.S. Coast Guard, is that officer who acts as chief of the Coast Guard and is charged with the administration of the Coast Guard.
A Coast Guard district is one of the geographical areas whose boundaries are described in 33 CFR part 3.
The District Commander is the chief of a Coast Guard district and is charged with the administration of all Coast Guard responsibilities and activities within his respective district, except those functions of administrative law judges under the Administrative Procedure Act (60 Stat. 237, 5 U.S.C. 1001
An investigating officer is an officer or employee of the Coast Guard designated by the Commandant, District Commander or the Officer in Charge, Marine Inspection, for the purpose of making investigations of marine casualties and accidents or other matters pertaining to the conduct of seamen. An Officer in Charge, Marine Inspection, is an investigating officer without further designation.
The term
Public vessel means a vessel that—
(a) Is owned, or demise chartered, and operated by the U.S. Government or a government of a foreign country, except a vessel owned or operated by the Department of Transportation or any corporation organized or controlled by the Department (except a vessel operated by the Coast Guard or Saint Lawrence Seaway Development Corporation); and
(b) Is not engaged in commercial service.
A vessel owner, charterer, managing operator or agent shall immediately notify either of the following Coast Guard officers if there is reason to believe a vessel is lost or imperiled.
(a) The Coast Guard district rescue coordination center (RCC) cognizant over the area the vessel was last operating in; or
(b) The Coast Guard search and rescue authority nearest to where the vessel was last operating.
The owner, charterer, managing operator or agent of a vessel that is required to report to the United States flag Merchant Vessel Location Filing System under the authority of section 212(A) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1122a), shall immediately notify the Coast Guard if more
The owner, charterer, managing operator or agent, notifying the Coast Guard under § 4.04-1 or § 4.04-3, shall:
(a) Provided the name and identification number of the vessel, the names of the individuals on board, and other information that may be requested by the Coast Guard (when providing the names of the individuals on board for a passenger vessel, the list of passengers need only meet the requirements of 46 U.S.C. 3502); and
(b) Submit written confirmation of that notice to the Coast Guard facility that the notice was given to within 24 hours.
(a) Immediately after the addressing of resultant safety concerns, the owner, agent, master, operator, or person in charge, shall notify the nearest Marine Safety Office, Marine Inspection Office or Coast Guard Group Office whenever a vessel is involved in a marine casualty consisting in—
(1) An unintended grounding, or an unintended strike of (allison with) a bridge;
(2) An intended grounding, or an intended strike of a bridge, that creates a hazard to navigation, the environment, or the safety of a vessel, or that meets any criterion of paragraphs (a) (3) through (7);
(3) A loss of main propulsion, primary steering, or any associated component or control system that reduces the maneuverability of the vessel;
(4) An occurrence materially and adversely affecting the vessel's seaworthiness or fitness for service or route, including but not limited to fire, flooding, or failure of or damage to fixed fire-extinguishing systems, lifesaving equipment, auxiliary power-generating equipment, or bilge-pumping systems;
(5) A loss of life;
(6) An injury that requires professional medical treatment (treatment beyond first aid) and, if the person is engaged or employed on board a vessel in commercial service, that renders the individual unfit to perform his or her routine duties; or
(7) An occurrence causing property-damage in excess of $25,000, this damage including the cost of labor and material to restore the property to its condition before the occurrence, but not including the cost of salvage, cleaning, gas-freeing, drydocking, or demurrage.
(b) Notice given as required by 33 CFR 160.215 satisfies the requirement of this section if the marine casualty involves a hazardous condition as defined by 33 CFR 160.203.
The notice required in § 4.05-1 must include the name and official number of the vessel involved, the name of the vessel's owner or agent, the nature and circumstances of the casualty, the locality in which it occurred, the nature and extent of injury to persons, and the damage to property.
(a) The owner, agent, master, operator, or person in charge shall, within five days, file a written report of any marine casualty required to be reported under § 4.05-1. This written report is in addition to the immediate notice required by § 4.05-1. This written report must be delivered to a Coast Guard Marine Safety Office or Marine Inspection Office. It must be provided on Form CG-2692 (Report of Marine Accident, Injury or Death), supplemented as necessary by appended Forms CG-2692A (Barge Addendum) and CG-2692B
(b) If filed without delay after the occurrence of the marine casualty, the report required by paragraph (a) of this section suffices as the notice required by § 4.05-1(a).
(a) For each marine casualty required to be reported by § 4.05-10, the marine employer shall determine whether there is any evidence of alcohol or drug use by individuals directly involved in the casualty.
(b) The marine employer shall include in the written report, Form CG-2692, submitted for the casualty information which:
(1) Identifies those individuals for whom evidence of drug or alcohol use, or evidence of intoxication, has been obtained; and,
(2) Specifies the method used to obtain such evidence, such as personal observation of the individual, or by chemical testing of the individual.
(c) An entry shall be made in the official log book, if carried, pertaining to those individuals for whom evidence of intoxication is obtained. The individual must be informed of this entry and the entry must be witnessed by a second person.
(d) If an individual directly involved in a casualty refuses to submit to, or cooperate in, the administration of a timely chemical test, when directed by a law enforcement officer or by the marine employer, this fact shall be noted in the official log book, if carried, and in the written report (Form CG-2692), and shall be admissible as evidence in any administrative proceeding.
(a) The owner, agent, master, or person in charge of any vessel involved in a marine casualty shall retain such voyage records as are maintained by the vessel, such as both rough and smooth deck and engine room logs, bell books, navigation charts, navigation work books, compass deviation cards, gyro records, stowage plans, records of draft, aids to mariners, night order books, radiograms sent and received, radio logs, crew and passenger lists, articles of shipment, official logs and other material which might be of assistance in investigating and determining the cause of the casualty. The owner, agent, master, other officer or person responsible for the custody thereof, shall make these records available upon request, to a duly authorized investigating officer, administrative law judge, officer or employee of the Coast Guard.
(b) The investigating officer may substitute photostatic copies of the voyage records referred to in paragraph (a) of this section when they have served their purpose and return the original records to the owner or owners thereof.
Whenever a vessel collides with a buoy, or other aid to navigation under the jurisdiction of the Coast Guard, or is connected with any such collision, it shall be the duty of the person in charge of such vessel to report the accident to the nearest Officer in Charge, Marine Inspection. No report on Form CG-2692 is required unless one or more of the results listed in § 4.05-1 occur.
During the period when a state of war exists between the United States and any foreign nation, communications in regard to casualties or accidents shall be handled with caution and the reports shall not be made by radio or by telegram.
When a casualty occurs involving hazardous materials, notification and a written report to the Department of Transportation may be required. See 49 CFR 171.15 and 171.16.
The master of any nuclear vessel shall immediately inform the Commandant in the event of any accident or casualty to the nuclear vessel which may lead to an environmental hazard. The master shall also immediately inform the competent governmental authority of the country in whose waters the vessel may be or whose waters the vessel approaches in a damaged condition.
The Commandant may approve alternate electronic means of submitting notices and reports required under this subpart.
(a) At the time of occurrence of a marine casualty, a discharge of oil into the navigable waters of the United States, a discharge of a hazardous substance into the navigable waters of the United States, or a release of a hazardous substance into the environment of the United States, the marine employer shall make a timely, good faith determination as to whether the occurrence currently is, or is likely to become, a serious marine incident.
(b) When a marine employer determines that a casualty or incident is, or is likely to become, a serious marine incident, the marine employer shall take all practicable steps to have each individual engaged or employed on board the vessel who is directly involved in the incident chemically tested for evidence of drug and alcohol use.
(c) The determination of which individuals are directly involved in a serious marine incident is to be made by the marine employer. A law enforcement officer may determine that additional individuals are directly involved in the serious marine incident. In such cases, the marine employer shall take all practicable steps to have these individuals tested in accordance with paragraph (b) of this section.
(d) The requirements of this subpart shall not prevent vessel personnel who are required to be tested from performing duties in the aftermath of a serious marine incident when their performance is necessary for the preservation of life or property or the protection of the environment.
(e) The marine employer shall ensure that all individuals engaged or employed on board a vessel are fully indoctrinated in the requirements of this subpart, and that appropriate vessel personnel are trained as necessary in the practical applications of these requirements.
(a) Any individual engaged or employed on board a vessel who is determined to be directly involved in a serious marine incident shall provide blood, breath or urine specimens for chemical tests required by § 4.06-10 when directed to do so by the marine employer or a law enforcement officer.
(b) If the individual refuses to provide blood, breath or urine specimens, this refusal shall be noted on Form CG-2692B and in the vessel's official log book, if one is required.
(c) No individual may be forcibly compelled to provide specimens for chemical tests required by this part; however, refusal is considered a violation of regulation and could subject the individual to suspension and revocation proceedings under part 5 of this chapter and removal from any duties which directly affect the safety of the vessel's navigation or operations.
Each individual required to submit to chemical testing shall, as soon as practicable, provide the following specimens for chemical testing:
(a) Urine specimens, collected in accordance with § 4.06-20 and part 16 of this chapter.
(b) Blood or breath specimens, or both, collected in accordance with § 4.06-20.
(a) All inspected vessels certificated for unrestricted ocean routes, and all inspected vessels certificated for restricted overseas routes, are required to have on board at all times a breath testing device capable of determining the presence of alcohol in a person's system. The breath testing device shall be used in accordance with procedures specified by the manufacturer.
(b) The marine employer shall ensure that urine specimen collection and shipping kits meeting the requirements of 49 CFR part 40 are readily available for use following serious marine incidents. The specimen collection and shipping kits need not be maintained aboard each vessel if they can otherwise be readily obtained within 24 hours from the time of the occurrence of the serious marine incident.
(c) The marine employer shall ensure that specimens required by § 4.06-10 are collected as soon as practicable following the occurrence of a serious marine incident.
(d) When obtaining blood, breath, and urine specimens, the marine employer shall ensure that the collection process is supervised by either qualified collection personnel, the marine employer, a law enforcement officer, or the marine employer's representative.
(e) Chemical tests of an individual's breath for the presence of alcohol using a breath testing device may be conducted by any individual trained to conduct such tests. Blood specimens shall be taken only by qualified medical personnel.
(a) When an individual engaged or employed on board a vessel dies as a result of a serious marine incident, blood and urine specimens must be obtained from the remains of the individual for chemical testing, if practicable to do so. The marine employer shall notify the appropriate local authority, such as the coroner or medical examiner, as soon as possible, of the fatality and of the requirements of this subpart. The marine employer shall provide the specimen collection and shipping kit and request that the local authority assist in obtaining the necessary specimens. When the custodian of the remains is a person other than the local authority, the marine employer shall request the custodian to cooperate in obtaining the specimens required under this part.
(b) If the local authority or custodian of the remains declines to cooperate in obtaining the necessary specimens, the marine employer shall provide an explanation of the circumstances on Form CG-2692B (Report of Required Chemical Drug and Alcohol Testing Following a Serious Marine Incident).
(a) The marine employer shall ensure that blood specimens collected in accordance with §§ 4.06-20 and 4.06-30 are promptly shipped to a testing laboratory qualified to conduct tests on such specimens. A proper chain of custody must be maintained for each specimen from the time of collection through the authorized disposition of the specimen. Blood specimens must be shipped to the laboratory in a cooled condition by any means adequate to ensure delivery within twenty-four (24) hours of receipt by the carrier.
(b) The marine employer shall ensure that the urine specimen collection procedures of § 16.113 of this chapter and the chain of custody requirements of 49 CFR part 40, subpart D, are complied with. The marine employer shall ensure that urine specimens required by §§ 4.06-20 and 4. 06-30 are promptly shipped to a laboratory complying with the requirements of 49 CFR part 40. Urine specimens must be shipped by an
(a) Each laboratory will provide prompt analysis of specimens collected under this subpart, consistent with the need to develop all relevant information and to produce a complete analysis report.
(b) Reports shall be sent to the Medical Review Officer meeting the requirements of 49 CFR 40.121, as designated by the marine employer submitting the specimen for testing. Wherever a urinalysis report indicates the presence of a dangerous drug or drug metabolite, the Medical Review Officer shall review the report as required by 49 CFR part 40, subpart G, and submit his or her findings to the marine employer. Blood test reports indicating the presence of alcohol shall be similarly reviewed to determine if there is a legitimate medical explanation.
(c) Analysis results which indicate the presence of alcohol, dangerous drugs, or drug metabolites shall not be construed by themselves as constituting a finding that use of drugs or alcohol was the probable cause of a serious marine incident.
(a) Whenever an individual engaged or employed on a vessel is identified as being directly involved in a serious marine incident, the marine employer shall complete Form CG-2692B (Report of Required Chemical Drug and Alcohol Testing Following a Serious Marine Incident).
(b) When the serious marine incident requires the submission of Form CG-2692 (Report of Marine Casualty, Injury or Death) to the Coast Guard in accordance with § 4.05-10, the report required by paragraph (a) of this section shall be appended to Form CG-2692.
(c) In incidents involving discharges of oil or hazardous substances as described in § 4.03-2 (b) and (c) of this part, when Form CG-2692 is not required to be submitted, the report required by paragraph (a) of this section shall be submitted to the Coast Guard Officer in Charge, Marine Inspection, having jurisdiction over the location where the discharge occurred or nearest the port of first arrival following the discharge.
(d) Upon receipt of the report of chemical test results, the marine employer shall submit a copy of the test results for each person listed on the CG-2692B to the Coast Guard Officer in Charge, Marine Inspection to whom the CG-2692B was submitted.
(e) The Commandant may approve alternate electronic means of submitting reports and test results as required under paragraphs (a) through (d) of this section.
(a) The Commandant or District Commander upon receipt of information of a marine casualty or accident, will immediately cause such investigation as may be necessary in accordance with the regulations in this part.
(b) The investigations of marine casualties and accidents and the determinations made are for the purpose of taking appropriate measures for promoting safety of life and property at sea, and are not intended to fix civil or criminal responsibility.
(c) The investigation will determine as closely as possible:
(1) The cause of the accident;
(2) Whether there is evidence that any failure of material (either physical or design) was involved or contributed to the casualty, so that proper recommendations for the prevention of the recurrence of similar casualties may be made;
(3) Whether there is evidence that any act of misconduct, inattention to
(4) Whether there is evidence that any Coast Guard personnel or any representative or employee of any other government agency or any other person caused or contributed to the cause of the casualty; or,
(5) Whether the accident shall be further investigated by a Marine Board of Investigation in accordance with regulations in subpart 4.09.
(a) An investigating officer investigates each marine casualty or accident reported under §§ 4.05-1 and 4.05-10.
(b) Such investigating officer shall have the power to administer oaths, subpoena witnesses, require persons having knowledge of the subject matter of the investigation to answer questionnaires and require the production of relevant books, papers, documents and other records.
(c) Attendance of witnesses or the production of books, papers, documents or any other evidence shall be compelled by a similar process as in the United States District Court.
The investigating officer or the Chairman of a Marine Board of Investigation shall open the investigation by announcing the statutory authority for the proceeding and he shall advise parties in interest concerning their rights to be represented by counsel, to examine and cross-examine witnesses, and to call witnesses in their own behalf.
(a) At the conclusion of the investigation the investigating officer shall submit to the Commandant via the Officer in Charge, Marine Inspection, and the District Commander, a full and complete report of the facts as determined by his investigation, together with his opinions and recommendations in the premises. The Officer in Charge, Marine Inspection, and the District Commander shall forward the investigating officer's report to the Commandant with an endorsement stating:
(1) Approval or otherwise of the findings of fact, conclusions and recommendations;
(2) Any action taken with respect to the recommendations;
(3) Whether or not any action has been or will be taken under part 5 of this subchapter to suspend or revoke licenses or certificates; and,
(4) Whether or not violations of laws or regulations relating to vessels have been reported on Form CG-2636, report of violation of navigation laws.
(b) At the conclusion of the investigation, the investigating officer shall submit the report described in paragraph (a) of this section, to the Commandant via the Merchant Marine Detail Officer or the Officer in Charge, Marine Inspection, and the Commander, Coast Guard MIO Europe for a European port or Commander, Fourteenth Coast Guard for an Asian or Pacific port. The Merchant Marine Detail Officer or the Officer in Charge, Marine Inspection, and Commander, Coast Guard MIO Europe or Commander, Fourteenth Coast Guard District shall forward the investigating officer's report to the Commandant with the endorsement described in paragraphs (a) (1) through (4) of this section.
Where the recommendations of an investigating officer are such that their accomplishment is within the authority of the District Commander or any of the personnel under his command, immediate steps shall be taken to put them into effect and his forwarding endorsement shall so indicate.
When it appears to the District Commander that it is more advantageous to conduct an investigation in a district other than in the district where the casualty was first reported, that officer shall transfer the case to the other district together with any information or material relative to the casualty he may have.
When witnesses are available in a district other than the district in which the investigation is being made, testimony or statements shall be taken from witnesses in the other districts by an investigating officer and promptly transmitted to the investigating officer conducting the investigation. Depositions may be taken in the manner prescribed by regulations in subpart 4.12.
(a) Witnesses to marine casualties or accidents appearing before an investigating officer may be placed under oath and their testimony may be reduced to writing.
(b) Written statements and reports submitted as evidence by witnesses shall be sworn to before an officer authorized to administer oaths and such statements and/or reports shall be signed.
(a) All parties in interest shall be allowed to be represented by counsel, to examine and cross-examine witnesses and to call witnesses in their own behalf.
(b) Witnesses who are not parties in interest may be assisted by counsel for the purpose of advising such witnesses concerning their rights; however, such counsel will not be permitted to examine or cross-examine other witnesses or otherwise participate in the investigation.
Investigations of marine casualties conducted by foreign units of the Coast Guard shall be in accordance with the regulations in this part and all actions taken in connection with the investigations of such marine casualties entered in the official log(s) of the vessel(s) concerned.
When a Marine Board of Investigation is convened in accordance with § 4.09-1, the investigating officer shall immediately furnish the board with all testimony, statements, reports, documents, papers, a list of witnesses including those whom he has examined, other material which he may have gathered, and a statement of any findings of fact which he may have determined. The preliminary investigation shall cease forthwith and the aforementioned material shall become a part of the Marine Board of Investigation's record.
If it appears that it would tend to promote safety of life and property at sea or would be in the public interest, the Commandant may designate a Marine Board of Investigation to conduct an investigation.
Any Marine Board of Investigation so designated shall have the power to administer oaths, summon witnesses, require persons having knowledge of the subject matter of the investigation to answer questionnaires, and to require the production of relevant books, papers, documents or any other evidence. Attendance of witnesses or the production of books, papers, documents or any other evidence shall be compelled by a similar process as in the United States District Court. The chairman shall administer all necessary oaths to any witnesses summoned before said Board.
Any witness subpoenaed under § 4.09-5 shall be paid such fees for his travel and attendance as shall be certified by the chairman of a Marine Board of Investigation or an investigating officer, in accordance with § 4.11-10.
Reasonable notice of the time and place of the investigation shall be given to any person whose conduct is or may be under investigation and to any other party in interest. All parties in interest shall be allowed to be represented by counsel, to cross-examine witnesses, and to call witnesses in their own behalf.
(a) All sessions of a Marine Board of Investigation for the purpose of obtaining evidence shall normally be open to the public, subject to the provision that the conduct of any person present shall not be allowed to interfere with the proper and orderly functioning of the Board. Sessions will not be open to the public when evidence of a classified nature or affecting national security is to be received.
The testimony of witnesses shall be transcribed and a complete record of the proceedings of a Marine Board of Investigation shall be kept. At the conclusion of the investigation a written report shall be made containing findings of fact, opinions, and recommendations to the Commandant for his consideration.
The recorder of a Marine Board of Investigation shall notify the United States Attorney for the District in which the Marine Board of Investigation is being conducted of the nature of the casualty under investigation and time and place the investigation will be made.
Upon approval of the report of a Marine Board of Investigation the Commandant will require to be placed into effect such recommendations as he may deem necessary for the better improvement and safety of life and property at sea.
(a) If in the course of an investigation by a Marine Board there appears probable cause for the preferment of charges against any licensed or certificated personnel, the Marine Board shall, either during or immediately following the investigation and before the witnesses have dispersed, apprise the District Commander of such evidence for possible action in accordance with part 5 of this subchapter, without waiting for the approval of the report by the Commandant. Such action or proceedings shall be independent and apart from any other action which may be later ordered by the Commandant or taken by other authorities.
No officer, seaman, or other employee of any public vessel controlled by the Army or Navy (not including the Coast Guard) of the United States, shall be summoned or otherwise required to appear as a witness in connection with any investigation or other proceeding without the consent of the Government agency concerned.
Any attempt to coerce any witness or to induce him to testify falsely in connection with a shipping casualty, or to induce any witness to leave the jurisdiction of the United States, is punishable by a fine of $5,000.00 or imprisonment for one year, or both such fine and imprisonment.
Witness fees and allowances are paid in accordance with 46 CFR 5.401.
(a) Witnesses shall be examined orally, except that for good cause shown, testimony may be taken by deposition upon application of any party in interest or upon the initiative of the investigating officer or Marine Board of Investigation.
(b) Applications to take depositions shall be in writing setting forth the reasons why such deposition should be taken, the name and address of the witness, the matters concerning which it is expected the witness will testify, and the time and place proposed for the taking of the deposition. Such application shall be made to an investigating officer or the Marine Board of Investigation prior to or during the course of the proceedings.
(c) The investigating officer or Marine Board of Investigation, shall, upon receipt of the application, if good cause is shown, make and serve upon the parties an order which will specify the name of the witness whose deposition is to be taken, the name and place of the taking of such deposition and shall contain a designation of the officer before whom the witness is to testify. Such deposition may be taken before any officer authorized to administer oaths by the laws of the United States.
(d) The party desiring the deposition may submit a list of interrogatories to be propounded to the absent witness; then the opposite party after he has been allowed a reasonable time for this purpose, may submit a list of cross-interrogatories. If either party objects to any question of the adversary party, the matter shall be presented to the investigating officer or Marine Board of Investigation for a ruling. Upon agreement of the parties on a list of interrogatories and cross-interrogatories (if any) the investigating officer or Marine Board of Investigation may propound such additional questions as may be necessary to clarify the testimony given by the witness.
(e) The subpoena referred to in subpart F of this subchapter together with the list of interrogatories and cross-interrogatories (if any) shall be forwarded to the officer designated to take such deposition. This officer will cause the subpoena to be served personally on the witness. After service the subpoena shall be endorsed and returned to the investigating officer or Marine Board of Investigation.
(f) When the deposition has been duly executed it shall be returned to the investigating officer or Marine Board of Investigation. As soon as practicable after the receipt of the deposition the investigating officer or Marine Board of Investigation shall present it to the parties for their examination. The investigating officer or Marine Board of Investigation shall rule on the admissibility of the deposition or any part thereof and of any objection offered by either party thereto.
Coast Guard records are made available to the public in accordance with 49 CFR part 7.
The regulations in this part shall be liberally construed to insure just, speedy, and inexpensive determination of the issues presented.
As hearings under this part are administrative in character, strict adherence to the formal rules of evidence is not imperative. However, in the interest of orderly presentation of the facts of a case, the rules of evidence should be observed as closely as possible.
The time, within which any act, provided by the regulation in this subchapter, or an order of the Marine Board of Investigation is to be done, shall be computed by excluding the first day and including the last unless the last day is Sunday or a legal holiday, in which case the time shall extend to and include the next succeeding day that is not a Sunday or legal holiday:
If as a result of any investigation or other proceeding conducted hereunder, evidence of criminal liability on the part of any licensed officer or certificated person or any other person is found, such evidence shall be referred to the U.S. Attorney General.
This subpart prescribes the joint regulations of the National Transportation Safety Board and the Coast Guard for the investigation of marine casualties.
(a) The Coast Guard's responsibility to investigate marine casualties is not eliminated nor diminished by the regulations in this subpart.
(b) In those instances where the National Transportation Safety Board conducts an investigation in which the Coast Guard also has responsibility under 46 U.S.C. Chapter 63, the proceedings are conducted independently but so as to avoid duplication as much as possible.
As used in this subpart:
(a)
(b)
(c)
(d)
(1) The loss of six or more lives:
(2) The loss of a mechanically propelled vessel of 100 or more gross tons;
(3) Property damage initially estimated at $500,000 or more; or
(4) Serious threat, as determined by the Commandant and concurred in by the Chairman, to life, property, or the environment by hazardous materials.
(e)
(f)
(1) Documented or required to be documented under the laws of the United States;
(2) Owned in the United States; or
(3) Owned by a citizen or resident of the United States and not registered under a foreign flag.
(a) The Coast Guard conducts the preliminary investigation of marine casualties.
(b) The Commandant determines from the preliminary investigation whether:
(1) The casualty is a major marine casualty; or
(2) The casualty involves a public and a non-public vessel and at least one fatality or $75,000 in property damage; or
(3) The casualty involves a Coast Guard and a non-public vessel and at least one fatality or $75,000 in property damage; or
(4) The casualty is a major marine casualty which involves significant safety issues relating to Coast Guard safety functions, e.g., search and rescue, aids to navigation, vessel traffic systems, commercial vessel safety, etc.
(c) The Commandant notifies the Board of a casualty described in paragraph (b) of this section.
(a) The Board may conduct an investigation under the Act of any major marine casualty or any casualty involving public and non-public vessels. Where the Board determines it will convene a hearing in connection with such an investigation, the Board's rules of practice for transportation accident hearings in 49 CFR part 845 shall apply.
(b) The Board shall conduct an investigation under the Act when:
(1) The casualty involves a Coast Guard and a non-public vessel and at least one fatality or $75,000 in property damage; or
(2) The Commandant and the Board agree that the Board shall conduct the investigation, and the casualty involves a public and a non-public vessel and at least one fatality or $75,000 in property damage; or
(3) The Commandant and the Board agree that the Board shall conduct the investigation, and the casualty is a major marine casualty which involves significant safety issues relating to Coast Guard safety functions.
After an investigation conducted by the Board under § 4.40-15, the Board determines cause or probable cause and issues a report of that determination.
(a) If the Board does not conduct an investigation under § 4.40-15 (a), (b) (2) or (3), the Coast Guard, at the request of the Board, may conduct an investigation under the Act unless there is an allegation of Federal Government misfeasance or nonfeasance.
(b) The Board will request the Coast Guard to conduct an investigation under paragraph (a) of this section within 48 hours of receiving notice under § 4.40-10(c).
(c) The Coast Guard will advise the Board within 24 hours of receipt of a request under paragraph (b) of this section whether the Coast Guard will conduct an investigation under the Act.
(a) The Coast Guard conducts an investigation under § 4.40-25 using the procedures in 46 CFR 4.01-1 through 4.23-1.
(b) The Board may designate a person or persons to participate in every phase of an investigation, including on scene investigation, that is conducted under the provisions of subpart 4.40-25 of this part.
(c) Consistent with Coast Guard responsibility to direct the course of the investigation, the person or persons designated by the Board under paragraph (b) of this section may:
(1) Make recommendations about the scope of the investigations.
(2) Call and examine witnesses.
(3) Submit or request additional evidence.
(d) The Commandant provides a record of the proceedings to the Board of an investigation of a major marine casualty under paragraph (a) of this section.
(e) The Board, under the Act, makes its determination of the facts, conditions, circumstances, and the cause or probable cause of a major marine casualty using the record of the proceedings provided by the Commandant under paragraph (d) of this section, and
(f) An investigation by the Coast Guard under this section is both an investigation under the Act and under 46 U.S.C. Chapter 63.
(a) Records of the Coast Guard made under § 4.40-30 are available to the public under 49 CFR part 7.
(b) Records of the Board made under §§ 4.40-20 and 4.40-30 are available to the public under 49 CFR part 801.
46 U.S.C. 2103, 7101, 7301, 7701; 49 CFR 1.46.
The regulations in this part establish policies for administrative actions against mariners' licenses, certificates or documents issued by the Coast Guard.
The administrative actions against a license, certification or document are remedial and not penal in nature. These actions are intended to help maintain standards for competence and conduct essential to the promotion of safety at sea.
An
(a) An
(b) The Commandant has delegated to Administrative Law Judges the authority to admonish, suspend with or without probation or revoke a license, certificate or document issued to a person by the Coast Guard under any navigation or shipping law.
Where the proceeding is based exclusively on that part of title 46 U.S.C. section 7703, which provides as a basis for suspension or revocation a violation or failure to comply with 46 U.S.C. subtitle II, a regulation prescribed under that subtitle, or any other law or regulation intended to promote marine safety or protect navigable waters, the complaint must state the specific statute or regulation by title and section number, and the particular manner in which it was allegedly violated.
Where the proceeding is based exclusively on the provisions of title 46, U.S.C. 7704, the complaint will allege
The regulations in this part shall be construed so as to obtain a just, speedy, and economical determination of the issues presented.
(a) The time limitations for service of a complaint upon the holder of a license, certificate or document are as follows:
(1) When based exclusively on 46 U.S.C. 7704, service shall be within 10 years after the date of conviction, or at anytime if the person charged is a user of or addicted to the use of a dangerous drug.
(2) For one of the misconduct offenses specified in § 5.59(a) or § 5.61(a), service shall be within five years after commission of the offense alleged therein.
(3) For an act or offense not otherwise provided for, the service shall be within three years after the commission of the act or offense alleged therein.
(b) When computing the period of time specified in paragraphs (a) (2) and (3) of this section there shall be excluded any period or periods of time when the respondent could not attend a hearing or be served charges by reason of being outside of the United States or by reason of being in prison or hospitalized.
(a) A person employed in the service of a vessel is considered to be acting under the authority of a license, certificate or document when the holding of such license, certificate or document is:
(1) Required by law or regulation; or
(2) Required by an employer as a condition for employment.
(b) A person is considered to be acting under the authority of the license, certificate or document while engaged in official matters regarding the license, certificate or document. This includes, but is not limited to, such acts as applying for renewal of a license, taking examinations for upgrading or endorsements, requesting duplicate or replacement licenses, certificates or documents, or when appearing at a hearing under this part.
(c) A person does not cease to act under the authority of a license, certificate or document while on authorized or unauthorized shore leave from the vessel.
An Administrative Law Judge enters an order revoking a respondent's license, certificate or document when—
(a) A charge of misconduct for wrongful possession, use, sale, or association with dangerous drugs is found proved. In those cases involving marijuana, the Administrative Law Judge may enter an order less than revocation when satisfied that the use, possession or association, was the result of experimentation by the respondent and that the respondent has submitted satisfactory evidence that he or she is cured of such use and that the possession or association will not recur.
(b) The respondent has been a user of, or addicted to the use of, a dangerous drug, or has been convicted for a violation of the dangerous drug laws, whether or not further court action is pending, and such charge is found proved. A conviction becomes final when no issue of law or fact determinative of the respondent's guilt remains to be decided.
(a) An investigating officer seeks revocation of a respondent's license, certificate or document when one of the following acts or offenses is found proved:
(1) Assault with a dangerous weapon.
(2) Misconduct resulting in loss of life or serious injury.
(3) Rape or sexual molestation.
(4) Murder or attempted murder.
(5) Mutiny.
(6) Perversion.
(7) Sabotage.
(8) Smuggling of aliens.
(9) Incompetence.
(10) Interference with master, ship's officers, or government officials in performance of official duties.
(11) Wrongful destruction of ship's property.
(b) An investigating officer may seek revocation of a respondent's license, certificate or document when the circumstances of an act or offense found proved or consideration of the respondent's prior record indicates that permitting such person to serve under the license, certificate or document would be clearly a threat to the safety of life or property, or detrimental to good discipline.
The decisions of the Commandant in cases of appeal or review of decisions of Administrative Law Judges are officially noticed and the principles and policies enunciated therein are binding upon all Administrative Law Judges, unless they are modified or rejected by competent authority.
For the purpose of these proceedings, the physician-patient privilege does not exist between a physician and a respondent.
Evidence of criminal liability discovered during an investigation or hearing conducted pursuant to this part will be referred to the Attorney General's local representative or other appropriate law enforcement authority having jurisdiction over the matter.
Under no circumstances will the Coast Guard exercise its authority for the purpose of favoring any party to a maritime labor controversy. However, if the situation affecting the safety of the vessel or persons on board is presented, the matter shall be thoroughly investigated and when a violation of existing statutes or regulations is indicated, appropriate action will be taken.
(a) Investigations may be initiated in any case in which it appears that there are reasonable grounds to believe that the holder of a license, certificate or document issued by the Coast Guard may have:
(1) Committed an act of incompetency, misconduct, or negligence while acting under the authority of a license, certificate or document;
(2) Violated or failed to comply with subtitle II of title 46, U.S.C., a regulation prescribed under this subtitle, or any other law or regulations intended to promote marine safety or to protect the navigable waters, while acting under the authority of a license, certificate or document;
(3) Been convicted of a dangerous drug law violation, or has been a user of, or addicted to the use of, a dangerous drug, so as to be subject to the provisions of 46 U.S.C. 7704.
(b) In order to promote full disclosure and facilitate determinations as to the cause of marine casualties, no admission made by a person during an investigation under this part or part 4 of this title may be used against that person in a proceeding under this part, except for impeachment.
During an investigation, the investigating officer may administer oaths, issue subpoenas in accordance with subpart F of this title, and require persons having knowledge of the subject matter of the investigation to answer questions.
During an investigation, the investigating officer may take appropriate action as follows:
(a) Issue complaint.
(b) Accept voluntary surrender of a license, certificate or document.
(c) Accept voluntary deposit of a license, certificate or document.
(d) Refer the case to others for further action. The investigating officer may refer the case to the Commandant or to an Officer in Charge, Marine Inspection, at any port for completion of administrative action if an adequate basis for action is found and the person under investigation and/or witnesses are not locally available.
(e) Give a written warning. The investigating officer may give a warning to any person holding a license, certificate or document. Refusal to accept the written warning will normally result in a withdrawal of the warning and the preferral of charges. An unrejected warning will become a part of the person's record.
(f) Close the case.
(a) When the investigating officer determines that an S&R proceeding is appropriate, he or she shall prepare and serve a complaint in accordance with 33 CFR part 20.
(b) When the investigating officer serves the complaint, he or she shall also advise the respondent—
(1) Of the nature of S&R proceedings and their possible results;
(2) Of the right to be represented at the hearing by another person, who may, but need not, be a lawyer;
(3) Of the right to obtain witnesses, records, and other evidence by subpoena; and
(4) That failure or refusal to answer the complaint or to appear at the time, date, and place specified for the hearing may result in a finding of default, which will constitute an admission of the facts alleged in the complaint and the waiver of his or her right to a hearing.
(a) A holder may deposit a license, certificate, or document with the Coast Guard in any case where there is evidence of mental or physical incompetence. A voluntary deposit is accepted on the basis of a written agreement, the original of which will be given to the holder, which specifies the conditions upon which the Coast Guard will return the license, certificate, or document to the holder.
(b) Where the mental or physical incompetence of a holder of a license, certificate, or document is caused by use of or addiction to dangerous drugs, a voluntary deposit will only be accepted contingent on the following circumstances:
(1) The holder is enrolled in a bona fide drug abuse rehabilitation program;
(2) The holder's incompetence did not cause or contribute to a marine casualty,
(3) The incompetence was reported to the Coast Guard by the individual or any other person and was not discovered as a result of a Federal, State or local government investigation; and
(4) The holder has not voluntarily deposited or surrendered a license, certificate, or document, or had a license, certificate, or document revoked for a drug related offense on a prior occasion.
(c) Where the mental or physical incompetence of a holder of a license, certificate, or document is caused by use or addiction to alcohol, a voluntary deposit will only be accepted contingent on the following circumstances:
(1) The holder is enrolled in a bona fide alcohol abuse rehabilitation program;
(2) The holder's incompetence did not cause or contribute to a marine casualty; and
(3) The incompetence was reported to the Coast Guard by the individual or any other person and was not discovered as a result of a Federal, State, or local government investigation.
(d) Where the conditions of paragraphs (b) and (c) of this section are not met, the holder may only surrender
(a) Any holder may surrender a license, certificate or document to the Coast Guard in preference to appearing at a hearing.
(b) A holder voluntarily surrendering a license, certificate or document shall sign a written statement containing the stipulations that:
(1) The surrender is made voluntarily in preference to appearing at a hearing;
(2) All rights to the license, certificate or document surrendered are permanently relinquished; and,
(3) Any rights with respect to a hearing are waived.
(c) A voluntary surrender of a license, certificate or document to an investigating officer in preference to appearing at a hearing is not to be accepted by an investigating officer unless the investigating officer is convinced that the holder fully realizes the effect of such surrender.
(a) A person may request the return of a voluntarily deposited license, certificate, or document at any time, provided he or she can demonstrate a satisfactory rehabilitation or cure of the condition which caused the incompetence; has complied with any other conditions of the written agreement executed at the time of deposit; and complies with the physical and professional requirements for issuance of a license, certificate, or document.
(b) Where the voluntary deposit is based on incompetence due to drug abuse, the deposit agreement shall provide that the license, certificate, or document will not be returned until the person:
(1) Successfully completes a bona fide drug abuse rehabilitation program;
(2) Demonstrates complete non-association with dangerous drugs for a minimum of six months after completion of the rehabilitation program; and
(3) Is actively participating in a bona fide drug abuse monitoring program.
(c) Where the voluntary deposit is based on incompetence due to alcohol abuse, the deposit agreement shall provide that the license, certificate, or document will not be returned until the person:
(1) Successfully completes a bona fide alcohol abuse rehabilitation program; and
(2) Is actively participating in a bona fide alcohol abuse monitoring program.
(d) The voluntary surrender of a license, certificate, or document is the equivalent of revocation of such papers. A holder who voluntarily surrenders a license, certificate, or document must comply with provisions of §§ 5.901 and 5.903 when applying for the issuance of a new license, certificate, or document.
(a) Every subpoena shall command the person to whom it is directed to appear at a specified time and place to give testimony or to produce books, papers, documents, or any other evidence, which shall be described with such particularity as necessary to identify what is desired.
(b) The investigating officer may issue subpoenas for the attendance of witnesses or for the production of books, papers, documents, or any other relevant evidence needed by the investigating officer or by the respondent.
(c) After charges have been served upon the respondent the Administrative Law Judge may, either on the Administrative Law Judge's own motion or the motion of the investigating officer or respondent, issue subpoenas for the attendance and the giving of testimony by witnesses or for the production of books, papers, documents, or any other relevant evidence.
Service of subpoenas issued on behalf of the respondent is the responsibility of the respondent. However, if the Administrative Law Judge finds that the respondent or respondent's counsel is physically unable to effect the service,
Any person subpoenaed to appear to produce evidence at a hearing may request that the subpoena be quashed or modified using the procedures in 33 CFR 20.609.
Upon application and for good cause shown, or upon its own initiative, the Coast Guard will seek judicial enforcement of subpoenas issued by investigating officers or Administrative Law Judges. This is done by making application to the United States District Court, through the office of the appropriate U.S. Attorney, to issue an order compelling the attendance of, and/or giving of testimony by, witnesses, or for the production of books, papers, documents, or any other relevant evidence.
(a) The person serving a subpoena shall make a written statement setting forth the date, time and manner of service and shall return such report with or on a copy of the subpoena to the investigating officer or Administrative Law Judge who issued it. In case of failure to make service of a subpoena, the person assigned to serve such subpoena shall make a written statement setting forth the reasons the subpoena was not served. The statement should be placed on the subpoena or attached to it and returned to the investigating office or Administrative Law Judge who issued the subpoena.
(b) When service of a subpoena is made by certified mail with return receipt to be signed by the addressee only, the person mailing the subpoena shall make a written statement on a copy of the subpoena or attached to it, setting forth the date, time and location of the post office where mailed, the post office number assigned thereto. If delivered, the receipt requested shall be returned, by the person receiving the receipt, to the investigating officer or Administrative Law Judge who issued the subpoena. In case the subpoena is not delivered, any information reported by the post office regarding non-delivery shall be given to the investigating officer or Administrative Law Judge who issued the subpoena.
(a) Duly subpoenaed witnesses, other than Federal government employees, may apply for payment of their attendance as witnesses at an investigation or hearing conducted pursuant to this part by submitting a request for payment (Standard Form 1157) accompanied by any necessary receipts.
(b) Fees and allowances will be paid as provided by 28 U.S.C. 1821, except that a person called to testify as an expert witness may be paid a higher fee to be fixed by the District Commander.
A hearing concerning the suspension or revocation of a merchant mariner's license, certificate of registry, or document is a formal adjudication under the Administrative Procedure Act (APA) (5 U.S.C. 551,
(a) The Administrative Law Judge shall require the respondent to produce and present at the opening of the hearing, and on each day the hearing is in session thereafter, all valid licenses, certificates, and/or documents issued by the Coast Guard to the respondent. In the event that the respondent alleges that such license, certificate or document has been lost, misplaced, stolen, destroyed, or is otherwise beyond his ability to produce, the respondent shall execute a lost document affidavit (Form CG-4363). The Administrative Law Judge shall warn the respondent that a willful misstatement of any material item in such affidavit is punishable as a violation of a Federal criminal statute. (See 18 U.S.C. 1001).
(b) When a hearing is continued or delayed, the Administrative Law Judge returns the license, certificate, or document to the respondent: unless a prima facie case has been established that the respondent committed an act or offense which shows that the respondent's service on a vessel would constitute a definite danger to public health, interest or safety at sea.
(a) The Administrative Law Judge enters an order which recites the disposition of the case. When the finding is
(b) The order is directed against all licenses, certificates or documents, except that in cases of negligence or professional incompetence, the order is made applicable to specific licenses, certificates or documents. If the Administrative Law Judge determines that the respondent is professionally incompetent in the grade of the license, certificate or document held, but is considered competent in a lower grade, the license, certificate or document may be revoked and the issuance of one of a lower grade ordered.
(c) An order must specify whether the license, certificate or document affected is:
(1) Revoked;
(2) Suspended outright for a specified period after surrender;
(3) Suspended for a specified period, but placed on probation for a specific period; or
(4) Suspended outright for a specified period, followed by a specified period of suspension on probation.
(d) The order will normally state,
(e) The time of any period of outright suspension ordered does not commence until the license, certificate or document is surrendered to the Coast Guard. The time of any period of suspension on probation begins at the end of any period of outright suspension or the effective date of the order if there is no outright suspension.
(a) This section addresses orders in a general manner. The selection of an appropriate order is the responsibility of the Administrative Law Judge, subject to appeal and review. The investigating officer and the respondent may suggest an order and present argument in support of this suggestion during the presentation of aggravating or mitigating evidence.
(b) Except for acts or offenses for which revocation is mandatory, factors which may affect the order include:
(1) Remedial actions which have been undertaken independently by the respondent;
(2) Prior record of the respondent, considering the period of time between prior acts and the act or offense for which presently charged is relevant; and
(3) Evidence of mitigation or aggravation.
(c) After an order of revocation is entered, the respondent will be given an opportunity to present relevant material on the record for subsequent consideration by the special board convened in the event an application is filed in accordance with subpart L of this part.
(d) Table 5.569 is for the information and guidance of Administrative Law Judges and is intended to promote uniformity in orders rendered. This table should not affect the fair and impartial adjudication of each case on its individual facts and merits. The orders are expressed by a range, in months of outright suspension, considered appropriate for the particular act or offense prior to considering matters in mitigation or aggravation. For instance, without considering other factors, a period of two to four months outright suspension is considered appropriate for
A party may appeal the decision of an ALJ under the procedures in subpart J of 33 CFR part 20. A party may appeal only the following issues:
(a) Whether each finding of fact rests on substantial evidence.
(b) Whether each conclusion of law accords with applicable law, precedent, and public policy.
(c) Whether the ALJ committed any abuses of discretion.
(d) The ALJ's denial of a motion for his or her disqualification.
(a) A person who has appealed from a decision suspending outright or revoking a license, certificate or document, except for revocation resulting from an offense enumerated in § 5.59, may file a
(b) Action on the request is taken by the Administrative Law Judge unless the hearing transcript has been forwarded to the Commandant, in which case, the request is forwarded to the Commandant for final action.
(c) A determination as to the request will take into consideration whether the service of the individual is compatible with the requirements for safety at sea and consistent with applicable laws. If one of the offenses enumerated in § 5.61(a) has been found proved, the continued service of the appellant will be presumed not compatible with safety at sea, subject to rebuttal by the appellant. A temporary document or license may be denied for that reason alone.
(d) All temporary documents will provide that they expire not more than six months after issuance or upon service of the Commandant's decision on appeal, whichever occurs first. If a temporary document expires before the Commandant's decision is rendered, it may be renewed, if authorized by the Commandant.
(e) If the request for a temporary document is denied by the Administrative Law Judge, the individual may appeal the denial, in writing, to the Commandant within 30 days after notification of such denial. Any decision by the Commandant to deny is the final agency action.
(f) Copies of the temporary documents issued become a part of the record on appeal.
(a) The rules of procedure for appeals to the National Transportation Safety Board from decisions of the Commandant, U.S. Coast Guard, affirming orders of suspension or revocation of licenses, certificates, or documents are in 49 CFR part 825. These rules give the party adversely affected by the Commandant's decision 10 days after service upon him or his attorney of the Commandant's decision to file a notice of appeal with the Board.
(b) In all cases under this part which are appealed to the National Transportation Safety Board under 49 CFR part 825, the Chief Counsel of the Coast Guard is designated as the representative of the Commandant for service of notices and appearances. Communications should be addressed to Commandant (G-L), U.S. Coast Guard, 2100 2nd St. SW., Washington, DC 20593.
(c) In cases before the National Transportation Safety Board the Chief Counsel of the Coast Guard may be represented by others designated
(a) A Decision of the Commandant on Appeal affirming an order of revocation, except a revocation resulting from an offense enumerated under § 5.59 or suspension that is not placed entirely on probation, which is appealed to the National Transportation Safety Board, may be stayed if, in the Commandant's opinion, the service of the appellant on board a vessel at that time or for the indefinite future would be compatible with the requirements of safety at sea and consistent with applicable laws. If one of the offenses enumerated in § 5.61(a) has been found proved, the continued service of the appellant will be presumed not compatible with safety at sea, subject to rebuttal by the appellant; in cases of offenses under § 5.61(a), a temporary document or license may be denied for that reason alone.
(b) A stay of the effect of the Decision of the Commandant on Appeal may be granted by the Commandant upon application by the respondent filed with the notice served on the Commandant under 49 CFR 825.5(b).
(c) An Officer in Charge, Marine Inspection, on presentation of an original stay order, issues a temporary document and/or license as specified in the stay order. This document is effective for not more than six months, renewable until such time as the National Transportation Safety Board has completed its review.
Any decision of an Administrative Law Judge, in which there has been a finding of
The transcript of hearing, together with all papers and exhibits filed, shall constitute the record for consideration and review.
(a) The Commandant may adopt in whole or in part the findings, conclusions, and basis therefor stated by the Administrative Law Judge, may make entirely new findings on the record, or may remand the case to the Administrative Law Judge for further proceedings.
(b) In no case will the review by the Commandant be followed by any order increasing the severity of the Administrative Law Judge's original order.
(c) The Decision of the Commandant on Review, shall be the final agency action in the absence of a remand.
The Commandant's Decisions on Review are available for reading purposes at Coast Guard Headquarters, at Offices of District Commanders, Marine Safety Offices and Marine Inspection Offices. (See 33 CFR subpart 1.10.)
(a) Any person whose license, certificate or document has been revoked or surrendered for one or more of the offenses described in § 5.59 and § 5.61(a) may, three years after compliance with the Administrative Law Judge's decision and order or the date of voluntary surrender, apply for the issuance of a new license, certificate or document.
(b) The three year time period may be waived by the Commandant upon a showing by the individual that, since the occurrence upon which the revocation or surrender was based, the individual has demonstrated his good character in the community for a period exceeding three years.
(c) Any person whose license, certificate or document has been revoked or surrendered for one or more offenses which are not specifically described in §5.59 or § 5.61(a) may, after one year, apply for the issuance of a new license, certificate or document.
(d) For a person whose license, certificate, or document has been revoked or surrendered for the wrongful simple possession or use of dangerous drugs, the three year time period may be waived by the Commandant upon a showing that the individual:
(1) Has successfully completed a bona fide drug abuse rehabilitation program;
(2) Has demonstrated complete non-association with dangerous drugs for a minimum of one year following completion of the rehabilitation program and;
(3) Is actively participating in a bona fide drug abuse monitoring program.
(e) For a person whose license, certificate or document has been revoked or surrendered for offenses related to alcohol abuse, the waiting period may be waived by the Commandant upon a showing that the individual has successfully completed a bona fide alcohol abuse rehabilitation program and is actively participating in a bona fide alcohol abuse monitoring program.
(f) The waivers specified under subparagraphs (d) or (e) of this section may only be granted once to each person.
(a) An application form for a new license, certificate or document may be obtained from any Officer in Charge, Marine Inspection.
(b) The completed application and letter must be addressed to the Commandant, U.S. Coast Guard, 2100 2nd
(c) The letter is an informal request for the issuance of a new license, certificate or document and should include the following:
(1) A letter from each employer during the last three years attesting to the individual's work record;
(2) Information supportive of rehabilitation or cure when the license, certificate or document was revoked because of incompetency or association with dangerous drugs; and
(3) Any other information which may be helpful in arriving at a determination in the matter.
(d) The Officer in Charge, Marine Inspection, forwards the letter and application, together with an evaluation and recommendation, to the Commandant.
(a) The applicant's letter and application form, as well as the evaluation and recommendation, are referred to a special board appointed by the Commandant. The board examines all the material submitted with the application and such other information as may, in the judgment of the board, be considered appropriate. The board shall submit its findings and recommendation to the Commandant.
(b) The Commandant shall determine whether or not a new license, certificate or document will be issued. The applicant will be notified by letter of such determination.
Act Dec. 27, 1950, Ch. 1155, secs. 1, 2, 64 Stat. 1120 (see 46 U.S.C. App. note prec. 1); 49 CFR 1.46.
(a) It is hereby found necessary in the interest of national defense to waive compliance with the navigation and vessel inspection laws administered by the Coast Guard, as well as the regulations issued thereunder and published in 33 CFR chapter I or in this chapter, to the extent and in the manner and upon the terms and conditions as set forth in this section.
(b) An application requesting that a waiver be made effective with respect to a particular vessel may be made by any authorized representative of an agency of the United States Government or any other interested person (including the master, agent, or owner of the vessel involved). Except as provided in paragraph (d) of this section, the application shall be in writing. The application shall be delivered to the Coast Guard District Commander or to his designated representative at the port or place where the vessel is located. In the case of a vessel in any foreign port or place, the application shall be made to the designated representative of the Commandant at such port or place, or if the Coast Guard has not established facilities in such port or place, to the nearest designated representative of the Commandant at a port or place where such facilities have been established. Every application shall contain a statement of the particular provisions of law with respect to which waiver of compliance is requested, a certification that the waiver of compliance with such laws with respect to the vessel involved is necessary in the interest of national defense and, an outline of the facts upon which such certification is based. The Coast Guard District Commander (or his designated representative or the designated representative of the Commandant, as the case may be) shall promptly examine every application for the purpose of determining whether the necessity for prompt action is such as to require that the waiver be made effective by him without reference to
(c) The Coast Guard officer making such a waiver effective pursuant to paragraph (b) of this section shall immediately prepare, in triplicate, an order setting forth the name of the vessel involved, the laws (also regulations, if any) with respect to which the waiver is effective, the extent to which compliance with such laws (also regulations, if any) is waived, and the period for which the waiver shall be effective. If practicable, one copy of this order shall be delivered to the master of the vessel involved before such vessel sails. In any case where the order is not delivered to the master, it shall be delivered to the owner, operator, or agent of the vessel without delay. One copy of the order shall be transmitted to the Commandant and the remaining copy kept on file.
(d) In any case of extreme urgency the application for a waiver may be made orally and if the Coast Guard District Commander (or his designated representative or the designated representative of the Commandant, as the case may be) reaches the conclusion referred to in paragraph (b) of this section, the waiver shall be made effective without further delay, subject to the condition that the application be reduced to writing and delivered within such period after the date of the oral request as the Coast Guard officer making the waiver effective shall specify in the order.
(e) No penalty shall be imposed because of failure to comply with any provision of law (or regulation, if any), the waiver of which has been made effective pursuant to the requirements in this section.
Pursuant to the request of the Acting Secretary of Defense, dated November 21, 1951, made under the provisions of section 1 of Public Law 891, 81st Congress, approved December 27, 1950, compliance with the provisions of the navigation and vessel inspection laws administered by the United States Coast Guard is hereby waived, as well as the regulations issued thereunder and published in 33 CFR chapter I or in this chapter, to the extent necessary to permit the operation of vessels which might be requisitioned by the United States for the purpose of emergency evacuation.
(a) Pursuant to the request of the Deputy Secretary of Defense, dated August 6, 1958, and to the request of the Assistant Secretary of Defense, Installations and Logistics, dated May 23, 1964, made under the provisions of section 1 of Public Law 891, 81st Congress, approved December 27, 1950 (64 Stat. 1120; 46 U.S.C., note preceding section 1), and their findings that a waiver is necessary in the interest of national defense, compliance with the provisions of the navigation and vessel inspection laws administered by the United States Coast Guard, as well as the regulations issued thereunder and contained in 33 CFR chapter I, or in this chapter, is hereby waived to the extent and upon the terms and conditions as set forth in this section, in order to permit vessels operated by or chartered to the Military Sealift Command to carry out their assigned missions.
(b) An application requesting that this waiver be made effective with respect to a particular vessel may be
(1) Describe the laws and/or regulations by appropriate references and/or subjects with respect to which the waiver of compliance is desired;
(2) Contain a certification that the waiver of compliance with such laws and/or regulations with respect to the vessel involved is necessary in the interest of national defense and is necessary for the Military Sea Transportation Service to carry out an assigned mission;
(3) The name and official number of the vessel involved (including the names of master, agent, and owner of the vessel involved); and,
(4) For how long the waiver is needed.
(c) The Coast Guard officer making the waiver in paragraph (a) of this section effective for a particular vessel shall immediately prepare, in quadruplicate, an order setting forth:
(1) The name and official number of the vessel involved;
(2) The laws and/or regulations with respect to which the waiver is effective;
(3) The extent to which compliance with such laws and/or regulations is waived; and,
(4) The period for which the waiver shall be effective.
(d) If practicable, one copy of this waiver order shall be delivered to the master of the vessel involved before such vessel sails. In any case where the waiver order is not delivered to the master, it shall be delivered to the owner, operator, or agent of the vessel without delay. One copy of the waiver order shall be delivered to the Commander, Military Sealift Command, or his duly designated representative, who submitted the application. One copy of the waiver order shall be transmitted to the Commandant (G-MOC) and the remaining copy kept on file.
(e) In any case of extreme urgency, the application for a waiver order may be made orally and if the Coast Guard District Commander (or his designated representative, or the designated representative of the Commandant, or the Commandant, as the case may be), determines that the conditions in this section have been met, the waiver order shall be made effective without further delay, subject to the condition that the application be reduced to writing and delivered within such period after the date of the oral request as the Coast Guard officer making the waiver effective shall specify in the confirming written waiver order.
(f) No penalty shall be imposed because of failure to comply with any provision of law and/or regulation, the waiver of which has been made effective pursuant to the requirements of this section.
(g) This waiver order shall remain in effect until terminated by proper authority and notice of cancellation is published in the
(a) Compliance is hereby waived with regard to the provisions of 46 U.S.C. 10311(c), to the extent necessary to permit the Commandant of the United States Coast Guard to issue a chronological record of a seaman's previous employment on a single document, in lieu of making individual entry in a duplicate continuous discharge book or furnishing individual certificates of discharge.
(b) It is hereby found that the waiving of the provisions of 46 U.S.C.
14 U.S.C. 633; 33 U.S.C. 151, 1222; Department of Homeland Security Delegation No. 0170.
The lines in this part delineate the application of the following U.S. statutes: 33 U.S.C. 152 relating to the length of towing hawsers; 33 U.S.C. 1201
(a) For application of the Vessel Bridge-to-Bridge Radiotelephone Act, 33 U.S.C. 1201
(b) Barges of 100 gross tons and over operating on the sheltered waters of British Columbia as defined in the United States-Canada treaty of 1933 (49 Stat. 2685, TS 869) are not required to be inspected as seagoing barges under 46 U.S.C. 3301.
(c) Except as otherwise described in this part, Boundary Lines are lines drawn following the general trend of the seaward, highwater shorelines and lines continuing the general trend of the seaward, highwater shorelines across entrances to small bays, inlets and rivers.
(a) A line drawn from the easternmost extremity of Kendall Head to latitude 44°54′45″ N. longitude 66°58′30″ W.; thence to the range marker located in approximate position latitude 44°51′45″ N. longitude 66°59″ W.
(b) A line drawn from West Quoddy Head Light to latitude 44°48.5′ N. longitude 66°56.4′ W. (Sail Rock Lighted Whistle Buoy “1”); thence to latitude 44°37.5′ N. longitude 67°09.8′ W. (Little River Lighted Whistle Buoy “2LR”); thence to latitude 44°14.5′ N. longitude 67°57.2′ W. (Frenchman Bay Approach Lighted Whistle Buoy “FB”); thence to Mount Desert Light; thence to Matinicus Rock Light; thence to Monhegan Island Light; thence to latitude 43°31.6′ N. longitude 70°05.5′ W. (Portland Lighted Horn Buoy “P”); thence to Boon Island Light; thence to latitude 42°37.9′ N. longitude 70°31.2′ W. (Cape Ann Lighted Whistle Buoy “2”).
A line drawn from latitude 42°37.9′ N. longitude 70°31.2′ W. (Cape Ann Lighted Whistle Buoy “2”) to latitude 42°22.7′ N. longitude 70°47.0′ W. (Boston Lighted Horn Buoy “B”); thence to Race Point Light.
(a) A line drawn from Chatham Light to latitude 41°36.1′ N. longitude 69°51.1′ W. (Pollack Rip Entrance Lighted Horn Buoy “PR”); thence to latitude 41°26.0′ N. longitude 69°46.2′ W. (Great Round Shoal Channel Lighted Buoy “2”); thence to Sankaty Head Light.
(b) A line drawn from the westernmost extremity of Nantucket Island to the southwesternmost extremity of Wasque Point, Chappaquiddick Island.
(c) A line drawn from Gay Head Light to Block Island Southeast Light; thence to Montauk Point Light on the easterly end of Long Island.
(a) A line drawn from Shinnecock East Breakwater Light to Shinnecock West Breakwater Light.
(b) A line drawn from Moriches Inlet East Breakwater Light to Moriches Inlet West Breakwater Light.
(c) A line drawn from Fire Island Inlet Breakwater Light 348° true to the southernmost extremity of the spit of land at the western end of Oak Beach.
(d) A line drawn from Jones Inlet Light 322° true across the southwest tangent of the island on the north side of Jones Inlet to the shoreline.
A line drawn from East Rockaway Inlet Breakwater Light to Ambrose Light; thence to Highlands Light (north tower).
(a) A line drawn from Shark River Inlet North Breakwater Light “2” to Shark River Inlet South Breakwater Light “1”.
(b) A line drawn from Manasquan Inlet North Breakwater Light to Manasquan Inlet South Breakwater Light.
(c) A line drawn along the submerged Barnegat Inlet North Breakwater to
(d) A line drawn from the seaward tangent of Long Beach Island to the seaward tangent of Pullen Island across Beach Haven and Little Egg Inlets.
(e) A line drawn from the seaward tangent of Pullen Island to the seaward tangent of Brigantine Island across Brigantine Inlet.
(f) A line drawn from the seaward extremity of Absecon Inlet North Jetty to Atlantic City Light.
(g) A line drawn from the southernmost point of Longport at latitude 39°18.2′ N. longitude 74°32.2′ W. to the northeasternmost point of Ocean City at latitude 39°17.6′ N. longitude 74°33.1′ W. across Great Egg Harbor Inlet.
(h) A line drawn parallel with the general trend of the seaward, highwater shoreline across Corson Inlet.
(i) A line formed by the centerline of the Townsend Inlet Highway Bridge.
(j) A line formed by the shoreline of Seven Mile Beach and Hereford Inlet Light.
A line drawn from Cape May Inlet East Jetty Light to latitude 38°55.8′ N. longitude 74°51.4′ W. (Cape May Harbor Inlet Lighted Bell Buoy “2CM”); thence to latitude 38°48.9′ N. longitude 75°02.3′ W. (Delaware Bay Entrance Channel Lighted Buoy “8”); thence to the northernmost extremity of Cape Henlopen.
(a) A line drawn from the easternmost extremity of Indian River Inlet North Jetty to latitude 38°36.5′ N. longitude 75°02.8′ W. (Indian River Inlet Lighted Gong Buoy “1”); thence to Indian River Inlet South Jetty Light.
(b) A line drawn from Ocean City Inlet Light “6” to latitude 38°19.4′ N. longitude 75°05.0′ W. (Ocean City Inlet Entrance Lighted Buoy “4”); thence to latitude 38°19.3′ N. longitude 75°05.1′ W. (Ocean City Inlet Entrance Lighted Buoy “5”); thence to the easternmost extremity of the south breakwater.
(c) A line drawn from Assateague Beach Tower Light to latitude 37°50.2′ N. longitude 75°24.9′ W. (Chincoteague Inlet Lighted Bell Buoy “CI”); thence to the tower charted at latitude 37°52.6′ N. longitude 75°26.7′ W.
(d) A line drawn from the southernmost extremity of Cedar Island to latitude 37°34.7′ N. longitude 75°36.0′ W. (Wachapreague Inlet Entrance Lighted Buoy “1”); thence due south to shore at Parramore Beach.
(e) A line drawn from the seaward tangent of Parramore Beach to the lookout tower on the northern end of Hog Island chartered in approximate position latitude 37°27.2′ N. longitude 75°40.5′ W.
A line drawn from Cape Charles Light to latitude 36°56.8′ N. longitude 75°55.1′ W. (North Chesapeake Entrance Lighted Gong Buoy “NCD”); thence to latitude 36°54.8′ N. longitude 75°55.6′ W. (Chesapeake Bay Entrance Lighted Bell Buoy “CBC”); thence to latitude 36°55.0′ N. longitude 75°58.0′ W. (Cape Henry Buoy “1”); thence to Cape Henry Light.
(a) A line drawn from Rudee Inlet Jetty Light “2” to latitude 36°50′ N. longitude 75°56.7′ W.; thence to Rudee Inlet Jetty Light “1”.
(b) A line drawn from Bodie Island Light to latitude 35°49.3′ N. longitude 75°31.9′ W. (Oregon Inlet Approach Lighted Whistle Buoy “OI”); thence to Oregon Inlet Radiobeacon.
(c) A line drawn from Hatteras Inlet Light 255° true to the eastern end of Ocracoke Island.
(d) A line drawn from the westernmost extremity of Ocracoke Island at latitude 35°04′ N. longitude 76°00.8′ W. to the northeasternmost extremity of Portsmouth Island at latitude 35°03.7′ N. longitude 76°02.3′ W.
(e) A line drawn across Drum Inlet parallel with the general trend of the seaward, highwater shoreline.
(f) A line drawn from the southernmost extremity of Cape Lookout to latitude 34°38.4′ N. longitude 76°40.6′ W.
(g) A line drawn from the seaward extremity of Masonboro Inlet north jetty to latitude 34°10.3′ N. longitude 77°48.0′ W. (Masonboro Inlet Lighted Whistle Buoy “A”); thence to the beach in approximate position latitude 34°10′ N. longitude 77°49.4′ W.
(a) A line drawn from the southernmost extremity to Cape Fear to latitude 33°49.5′ N. longitude 78°03.7′ W. (Cape Fear River Entrance Lighted Bell Buoy “2CF”); thence to Oak Island Light.
(b) A line drawn from the southernmost extremity of Bird Island at approximate position latitude 33°51.2′ N. longitude 78°32.6′ W. to latitude 33°50.3′ N. longitude 78°32.5′ W. (Little River Inlet Entrance Lighted Whistle Buoy “2LR”); thence to the northeasternmost extremity of Waties Island at approximate position latitude 33°51.2′ N. longitude 78°33.6′ W.
(c) A line drawn from the seaward extremity of Murrells Inlet north jetty to latitude 33°31.5′ N. longitude 79°01.6′ W. (Murrells Inlet Lighted Bell Buoy “MI”); thence to Murrells Inlet South Jetty Light.
(d) A line drawn from Georgetown Light to latitude 33°11.6′ N. longitude 79°05.4′ W. (Winyah Bay Lighted Bell Buoy “2WB”); thence to the southernmost extremity of Sand Island.
A line drawn from Charleston Light on Sullivans Island to latitude 32°40.7′ N. longitude 79°42.9′ W. (Charleston Lighted Whistle Buoy “2C”); thence to Folly Island Loran Tower (latitude 32°41.0′ N. longitude 79°53.2′ W.).
(a) A line drawn from the southernmost extremity of Folly Island to latitude 32°35′ N. longitude 79°58.2′ W. (Stono Inlet Lighted Whistle Buoy “1S”); thence to Kiawah Island bearing approximately 307° true.
(b) A line drawn from the southernmost extremity of Kiawah Island to latitude 32°31′ N. longitude 80°07.8′ W. (North Edisto River Entrance Lighted Whistle Buoy “2NE”); thence to Botany Bay Island in approximate position latitude 32°33.1′ N. longitude 80°12.7′ W.
(c) A line drawn from the microwave antenna tower on Edisto Beach charted in approximate position latitude 32°29.3′ N. longitude 80°19.2′ W. across St. Helena Sound to the abandoned lighthouse tower on Hunting Island charted in approximate position latitude 32°22.5′ N. longitude 80°26.5′ W.
(d) A line drawn from the abandoned lighthouse on Hunting Island in approximate position latitude 32°22.5′ N. longitude 80°26.2′ W. to latitude 32°18′ N. longitude 80°25′ W.; thence to the standpipe on Fripp Island in approximate position latitude 32°19′ N. longitude 80°28.7′ W.
(e) A line drawn from the westernmost extremity of Bull Point on Capers Island to latitude 32°04.8′ N. longitude 80°34.9′ W. (Port Royal Sound Lighted Whistle Buoy “2PR”); thence to the easternmost extremity of Hilton Head at latitude 32°13.2′ N. longitude 80°40.1′ W.
A line drawn from the southwesternmost extremity of Braddock Point to latitude 31°58.3′ N. longitude 80°44.1′ W. (Tybee Lighted Whistle Buoy “T”); thence to the southeasternmost extremity of Little Tybee Island bearing approximately 269° true.
(a) A line drawn from the southernmost extremity of Savannah Beach on Tybee Island 255° true across Tybee Inlet to the shore of Little Tybee Island south of the entrance to Buck Hammock Creek.
(b) A line drawn from the southernmost extremity of Little Tybee Island at Beach Hammock to the easternmost extremity of Wassaw Island.
(c) A line drawn from Wassaw Island in approximate position latitude 31°52.5′ N. longitude 80°58.5′ W. to latitude 31°48.3′ N. longitude 80°56.8′ W. (Ossabaw Sound North Channel Buoy “OS”); thence to latitude 31°39.3′ N. longitude 81°02.3′ W. (St. Catherines
(d) A line drawn from the southernmost extremity of Blackbeard Island to latitude 31°19.4′ N. longitude 81°11.5′ W. (Doboy Sound Lighted Buoy “D”); thence to latitude 31°04.1′ N. longitude 81°16.7′ W. (St. Simons Lighted Whistle Buoy “ST S”).
(a) A line drawn from latitude 31°04.1′ N. longitude 81°16.7′ W. (St. Simons Lighted Whistle Buoy “ST S”) to latitude 30°42.7′ N. longitude 81°19.0′ W. (St. Mary's Entrance Lighted Whistle Buoy “1”); thence to Amelia Island Light.
(b) A line drawn from the southernmost extremity of Amelia Island to latitude 30°29.4′ N. longitude 81°22.9′ W. (Nassau Sound Approach Buoy “6A”); thence to the northeasternmost extremity of Little Talbot Island.
A line drawn from the southeasternmost extremity of Little Talbot (Spike) Island to latitude 30°23.8′ N. longitude 81°20.3′ W. (St. Johns Lighted Whistle Buoy “2 STJ”); thence to St. Johns Light.
(a) A line drawn from the seaward extremity of St. Augustine Inlet north jetty to latitude 29°55′ N. longitude 81°15.3′ W. (St. Augustine Lighted Whistle Buoy “ST. A.”); thence to the seaward extremity of St. Augustine Inlet south jetty.
(b) A line formed by the centerline of the highway bridge over Matanzas Inlet.
(c) A line drawn from the seaward extremity of Ponce de Leon Inlet north jetty to latitude 29°04.7′ N. longitude 80°54′ W. (Ponce de Leon Inlet Lighted Bell Buoy “2”); thence to Ponce de Leon Inlet Approach Light.
(d) A line drawn from Canaveral Harbor Approach Channel Range Front Light to latitude 28°23.7′ N. longitude 80°32.2′ W. (Canaveral Bight Wreck Lighted Buoy “WR6”); thence to the radio tower on Canaveral Peninsula in approximate position latitude 28°22.9′ N. longitude 80°36.6′ W.
(e) A line drawn across the seaward extremity of the Sebastian Inlet Jetties.
(f) A line drawn from the seaward extremity of the Fort Pierce Inlet North Jetty to latitude 27°28.5′ N. longitude 80°16.2′ W. (Fort Pierce Inlet Lighted Whistle Buoy “2”); thence to the tank located in approximate position latitude 27°27.2′ N. longitude 80°17.2′ W.
(g) A line drawn from the seaward extremity of St. Lucie Inlet north jetty to latitude 27°10′ N. longitude 80°08.4′ W. (St. Lucie Inlet Entrance Lighted Whistle Buoy “2”); thence to Jupiter Island bearing approximately 180° true.
(h) A line drawn from the seaward extremity of Jupiter Inlet North Jetty to the northeast extremity of the concrete apron on the south side of Jupiter Inlet.
(i) A line drawn from the seaward extremity of Lake Worth Inlet North Jetty to latitude 26°46.4′ N. longitude 80°01.5′ W. (Lake Worth Inlet Lighted Bell Buoy “2LW”); thence to Lake Worth Inlet Lighted Buoy “3”; thence to the seaward extremity of Lake Worth Inlet South Jetty.
(j) A line drawn across the seaward extremity of the Boynton Inlet Jetties.
(k) A line drawn from Boca Raton Inlet North Jetty Light “2” to Boca Raton Inlet South Jetty Light “1”.
(l) A line drawn from Hillsboro Inlet Light to Hillsboro Inlet Entrance Light “2”; thence to Hillsboro Inlet Entrance Light “1”; thence west to the shoreline.
(m) A line drawn from the tower located in approximate position latitude 26°06.9′ N. longitude 80°06.4′ W. to latitude 26°05.5′ N. longitude 80°04.8′ W. (Port Everglades Lighted Whistle Buoy “1”); thence to the signal tower located in approximate position latitude 26°05.5′ N. longitude 80°06.5′ W.
(n) A line drawn from the seaward extremity of Bakers Haulover Inlet north jetty 090° true to longitude 80°07.2′ W.; thence to the seaward extremity of Bakers Haulover Inlet south jetty.
(a) A line drawn from the tower located in approximate position latitude 25°46.7′ N. longitude 80°08′ W. to latitude 25°46.1′ N. longitude 80°05.0′ W. (Miami Lighted Whistle Buoy “M”); thence to Fowey Rocks Light (latitude 25°35.4′ N. longitude 80°05.8′ W.); thence to Pacific Reef Light (latitude 25°22.3′ N. longitude 80°08.5′ W.) thence to Carysfort Reef Light (latitude 25°13.3′ N. longitude 80°12.7′ W.); thence to Molasses Reef Light “10” (latitude 25°00.7′ N. longitude 80°22.6′ W.); thence to Alligator Reef Light (latitude 24°51.1 N. longitude 80°37.1′ W.); thence to Tennessee Reef Light (latitude 24°44.7′ N. longitude 80°46.9′ W.); thence to Sombrero Key Light (latitude 24°37.6′ N. longitude 81°06.6′ W.); thence to American Shoal Light (latitude 24°31.5′ N. longitude 81°31.2′ W.); thence to latitude 24°27.7′ N. longitude 81°48.1′ W. (Key West Entrance Lighted Whistle Buoy); thence to Cosgrove Shoal Light (latitude 24°27.5′ N. longitude 82°11.2′ W.); thence due north to a point 12 miles from the baseline from which the territorial sea is measured in approximate position latitude 24°47.5′ N. longitude 82°11.2′ W.
A line drawn from Marquesas Keys, Florida at approximate position latitude 24°47.5′ N, longitude 82°11.2′ W; along the 12-mile line which marks the seaward limits of the territorial sea (as defined in 33 CFR 2.22(a)(1)) to Rio Grande, Texas at approximate position latitude 25°58.6′ N, longitude 96°55.5′ W.
A line drawn from Barbers Point Light to Diamond Head Light.
(a) A line drawn from the northernmost point of Lion Head to the north tangent of Bird Rock Island; thence to the northernmost point of Blue Cavern Point.
(b) A line drawn from White Rock to the northernmost point of Abalone Point.
(a) A line drawn from the southerly tower of the Coronado Hotel in approximate position latitude 32°40.8′ N. longitude 117°10.6′ W. to latitude 32°39.1′ N. longitude 117°13.6′ W. (San Diego Bay Channel Lighted Bell Buoy “5”); thence to Point Loma Light.
(b) A line drawn from Mission Bay South Jetty Light “2” to Mission Bay North Jetty Light “1”.
(c) A line drawn from Oceanside South Jetty Light “4” to Oceanside Breakwater Light “3”.
(d) A line drawn from Dana Point Jetty Light “6” to Dana Point Breakwater Light “5”.
(e) A line drawn from Newport Bay East Jetty Light “4” to Newport Bay West Jetty Light “3”.
(f) A line drawn from Anaheim Bay East Jetty Light “6” to Anaheim Bay West Jetty Light “5”; thence to Long Beach Breakwater East End Light “1”. A line drawn from Long Beach Entrance Light “2” to Long Beach Light. A line drawn from Los Angeles Main Channel Entrance Light “2” to Los Angeles Light.
(a) A line drawn from Redondo Beach East Jetty Light “2” to Redondo Beach West Jetty Light “3”.
(b) A line drawn from Marina Del Rey Light “4” to Marina Del Rey Breakwater South Light “1”. A line drawn from Marina Del Rey Breakwater North Light “2” to Marina Del Rey Light “3”.
(c) A line drawn from Port Hueneme East Jetty Light “4” to Port Hueneme West Jetty Light “3”.
(d) A line drawn from Channel Islands Harbor South Jetty Light “2” to Channel Islands Harbor Breakwater South Light “1”. A line drawn from Channel Islands Harbor Breakwater North Light to Channel Islands Harbor North Jetty Light “5”.
(e) A line drawn from Ventura Marina South Jetty Light “6” to Ventura Marina Breakwater South Light “3”. A line drawn from Ventura Marina Breakwater North Light to Ventura Marina North Jetty Light “7”.
(f) A line drawn from Santa Barbara Harbor Light “4” to latitude 34°24.1′ N. longitude 119°40.7′ W. (Santa Barbara Harbor Lighted Bell Buoy “1”); thence to Santa Barbara Harbor Breakwater Light.
(a) A line drawn from the southernmost extremity of Fossil Point at longitude 120°43.5′ W. to the seaward extremity of Whaler Island Breakwater.
(b) A line drawn from the outer end of Morro Bay Entrance East Breakwater to latitude 35°21.5′ N. longitude 120°52.3′ W. (Morro Bay Entrance Lighted Bell Buoy “1”); thence to Morro Bay West Breakwater Light.
(a) A line drawn from Monterey Harbor Light “6” to latitude 36°36.5′ N. longitude 121°53.2′ W. (Monterey Harbor Anchorage Buoy “A”); thence to the northernmost extremity of Monterey Municipal Wharf No. 2.
(b) A line drawn from seaward extremity of the pier located 0.3 mile south of Moss Landing Harbor Entrance to the seaward extremity of the Moss Landing Harbor North Breakwater.
(c) A line drawn from Santa Cruz Light to the southernmost projection of Soquel Point.
(d) A straight line drawn from Point Bonita Light across Golden Gate through Mile Rocks Light to the shore.
(e) A line drawn from the northwestern tip of Tomales Point to latitude 38°15.1′ N. longitude 123°00.1′ W. (Tomales Point Lighted Horn Buoy “2”); thence to latitude 38°17.2′ N. longitude 123°02.3′ W. (Bodega Harbor Approach Lighted Gong Buoy “BA”); thence to the southernmost extremity of Bodega Head.
(f) A line drawn from Humboldt Bay Entrance Light “4” to Humboldt Bay Entrance Light “3”.
(g) A line drawn from Crescent City Outer Breakwater Light “5” to the southeasternmost extremity of Whaler Island at longitude 124°11′ W.
(a) A line drawn from the seaward extremity of the Coos Bay South Jetty to latitude 43°21.9′ N. longitude 124°21.7′ W. (Coos Bay Entrance Lighted Bell Buoy “1”); thence to the seaward extremity of the Coos Bay North Jetty.
(b) A line drawn from the lookout tower located in approximate position latitude 46°13.6′ N. longitude 124°00.7′ W. to latitude 46°12.8′ N. longitude 124°08.0′ W. (Columbia River Entrance Lighted Whistle Buoy “2”); thence to latitude 46°14.5′ N. longitude 124°09.5′ W. (Columbia River Entrance Lighted Bell Buoy “1”); thence to North Head Light.
(c) A line drawn from latitude 46°52.8′ N. longitude 124°12.6′ W. (Grays Harbor Light to Grays Harbor Entrance Lighted Whistle Buoy “2”); thence to latitude 46°55.0′ N. longitude 124°14.7′ W. (Grays Harbor Entrance Lighted Whistle Buoy “3”); thence to Grays Harbor Bar Range Rear Light.
(a) A line drawn from the northernmost point of Angeles Point to latitude 48°21.1′ N. longitude 123°02.5′ W. (Hein Bank Lighted Bell Buoy); thence to latitude 48°25.5′ N. longitude 122°58.5′ W. (Salmon Bank Lighted Gong Buoy “3”); thence to Cattle Point Light on San Juan Island.
(b) A line drawn from Lime Kiln Light to Kellett Bluff Light on Henry Island; thence to Turn Point Light on Stuart Island; thence to Skipjack Island Light; thence to latitude 48°46.6′ N. longitude 122°53.4′ W. (Clements Reef Bouy “2”); thence to International Boundary Range B Front Light.
(a) A line drawn from the northeasternmost extremity of Point Mansfield, Sitklan Island 040° true to the mainland.
(b) A line drawn from the southeasternmost extremity of Island Point, Sitklan Island to the southernmost extremity of Garnet Point, Kanagunut Island; thence to Lord Rock Light; thence to Barren Island Light; thence to Cape Chacon Light; thence to Cape Muzon Light.
(c) A line drawn from Point Cornwallis Light to Cape Bartolome Light; thence to Cape Edgecumbe Light; thence to the westernmost extremity of Cape Cross.
(d) A line drawn from Surge Bay Entrance Light to Cape Spencer Light.
(a) A line drawn from the westernmost extremity of Harbor Point to the southernmost extremity of LaChaussee Spit at Lituya Bay.
(b) A line drawn from Ocean Cape Light to latitude 59°31.9′ N. longitude 139°57.1′ W. (Yakutat Bay Entrance Lighted Whistle Buoy “2”); thence to the southeasternmost extremity of Point Manby.
(c) A line drawn from the northernmost extremity of Point Riou to the easternmost extremity of Icy Cape.
(a) A line drawn from the southernmost extremity of Point Whitshed to the easternmost extremity of Hinchinbrook Island.
(b) A line drawn from Cape Hinchinbrook Light to Schooner Rock Light “1”.
(c) A line drawn from the southwesternmost extremity of Montague Island to Point Elrington Light; thence to the southernmost extremity of Cape Puget.
(d) A line drawn from the southernmost extremity of Cape Resurrection to the Aialik Cape.
(a) A line drawn from the southernmost extremity of Kenai Peninsula at longitude 151°44.0′ W. to East Amatuli Island Light; thence to the northwesternmost extremity of Shuyak Island at Party Cape; thence to the easternmost extremity of Cape Douglas.
(b) A line drawn from the southernmost extremity of Pillar Cape on Afognak Island to Spruce Cape Light; thence to the easternmost extremity of Long Island; thence to the northeasternmost extremity of Cape Chiniak.
(c) A line drawn from Cape Nunilak at latitude 58°09.7′ N. to the northernmost extremity of Raspberry Island. A line drawn from the westernmost extremity of Raspberry Cape to the northernmost extremity of Miners Point.
(a) A line drawn from the southernmost extremity of Cape Kumlium to the westernmost extremity of Nakchamik Island; thence to the easternmost extremity of Castle Cape at Chignik Bay.
(b) A line drawn from Second Priest Rock to Ulakta Head Light at Iliuliuk Bay entrance.
(c) A line drawn from Arch Rock to the northernmost extremity of Devilfish Point at Captains Bay.
(d) A line drawn from the easternmost extremity of Lagoon Point to the northwesternmost extremity of Cape Kutuzof at Port Moller.
(a) A line drawn from the northernmost extremity of Goose Point at Egegik Bay to Protection Point.
(b) A line drawn from the westernmost extremity of Kulukak Point to the northernmost extremity of Round Island; thence to the southernmost extremity of Hagemeister Island; thence to the southernmost extremity of Cape Peirce; thence to the southernmost extremity of Cape Newenham.
(c) A line drawn from the church spire located in approximate position latitude 59°45′ N. longitude 161°55′ W. at the mouth of the Kanektok River to the southernmost extremity of Cape Avinof.
A line drawn from Cape Espenberg Light to latitude 66°52′ N. longitude 163°28′ W.; and thence to Cape Krusenstern Light.
46 U.S.C. 3103, 3306, 3316, 3703; 49 CFR 1.46.
(a) Certain material is incorporated by reference into this subchapter with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR Part 51. To enforce any edition other than that specified in paragraph (b) of this section, the Coast Guard must publish notice of the change in the
(b) The material incorporated by reference in this subchapter and the sections affected are as follows:
(a) The Commandant may delegate authority to a classification society that has its headquarters in a country other than the United States only to the extent that the flag state administration of that country delegates authority and provides access to the American Bureau of Shipping to inspect, certify and provide related services to vessels flagged by that country. The Commandant will determine reciprocity on a “case-by-case” basis.
(b) In order to demonstrate that the conditions described in paragraph (a) of
(c) The Commandant will not consider an application for authorization to perform a delegated function submitted under this part until the conditions described in paragraph (a) of this section are satisfied. Where simultaneous authorization by a foreign government for ABS is involved, this requirement may be waived.
(d) The Commandant will not evaluate a classification society for recognition until the conditions described in paragraph (a) of this section are satisfied for at least one of the authorized delegations being sought. Where simultaneous recognition by a foreign government for ABS is involved, this requirement may be waived.
(e) The Commandant may make a delegation regarding load lines under 46 U.S.C. 5107 or measurement of vessels under 46 U.S.C. 14103 without regard to the conditions described in paragraph (a) of this section.
(a) Delegated functions performed by, and statutory certificates issued by, an authorized classification society will be accepted as functions performed by, or certificates issued by, the Coast Guard, provided that the classification society maintains compliance with all provisions of its agreement with the Commandant. Any agreement between the Commandant and a recognized classification society authorizing the performance of delegated functions will be written and will require the classification society to comply with each of the following:
(1) Issue any certificates related to a delegated function in the English language.
(2) Maintain a corporate office in the United States that has adequate resources and staff to support all delegated functions and to maintain required associated records.
(3) Maintain all records in the United States related to delegated functions conducted on behalf of the Coast Guard.
(4) Make available to appropriate Coast Guard representatives vessel status information and records, including outstanding vessel deficiencies or classification society recommendations, in the English language, on all vessels for which the classification society has performed any delegated function on behalf of the Coast Guard.
(5) Report to the Commandant (G-MOC) the names and official numbers of any vessels removed from class for which the classification society has performed any delegated function on behalf of the Coast Guard and include a description of the reason for the removal.
(6) Report to the Commandant (G-MOC) all port state detentions on all vessels for which the classification society has performed any delegated function on behalf of the Coast Guard when aware of such detention.
(7) Annually provide the Commandant (G-MOC) with its register of classed vessels.
(8) Ensure vessels meet all requirements for class of the accepting classification society prior to accepting vessels transferred from another classification society.
(9) Suspend class for vessels that are overdue for special renewal or annual survey.
(10) Attend any vessel for which the classification society has performed any delegated function on behalf of the Coast Guard at the request of the appropriate Coast Guard officials, without regard to the vessel's location— unless prohibited to do so under the laws of the United States, the laws of the jurisdiction in which the vessel is located, the classification society's home country domestic law, or where the classification society considers an unacceptable hazard to life and/or property exists.
(11) Honor appeal decisions made by the Commandant (G-MSE) or Commandant (G-MOC) on issues related to delegated functions.
(12) Apply U.S. flag administration interpretations, when they exist, to international conventions for which
(13) Obtain approval from the Commandant (G-MOC) prior to granting exemptions from the requirements of international conventions, class rules, and the U.S. supplement to class rules.
(14) Make available to the Coast Guard all records, in the English language, related to equivalency determinations or approvals made in the course of delegated functions conducted on behalf of the Coast Guard.
(15) Report to the Coast Guard all information specified in the agreement at the specified frequency and to the specified Coast Guard office or official.
(16) Grant the Coast Guard access to all plans and documents, including reports on surveys, on the basis of which certificates are issued or endorsed by the classification society.
(17) Identify a liaison representative to the Coast Guard.
(18) Provide regulations, rules, instructions and report forms in the English language.
(19) Allow the Commandant (G-M) to participate in the development of class rules.
(20) Inform the Commandant (G-M) of all proposed changes to class rules.
(21) Provide the Commandant (G-M) the opportunity to comment on any proposed changes to class rules and to respond to the classification society's disposition of the comments made by the Coast Guard.
(22) Furnish information and required access to the Coast Guard to conduct oversight of the classification society's activities related to delegated functions conducted on behalf of the Coast Guard.
(23) Allow the Coast Guard to accompany them on internal and external quality audits and provide written results of such audits to appropriate Coast Guard representatives.
(24) Provide the Coast Guard access necessary to audit the authorized classification society to ensure that it continues to comply with the minimum standards for a recognized classification society.
(25) Use only exclusive surveyors of that classification society to accomplish all work done on behalf of, or under any delegation from, the Coast Guard. For tonnage-related measurement service only, however, classification societies may use part-time employees or independent contractors in place of exclusive surveyors.
(26) Allow its surveyors to participate in training with the Coast Guard regarding delegated functions.
(b) Amendments to an agreement between the Coast Guard and an authorized classification society will become effective only after consultation and written agreement between parties.
(c) Agreements may be terminated by one party only upon written notice to the other party. Termination will occur sixty days after written notice is given.
This subpart establishes criteria and procedures for vessel classification societies to obtain recognition from the Coast Guard. This recognition is necessary in order for a classification society to become authorized to perform vessel inspection and certification functions delegated by the Coast Guard as described in this part.
This subpart applies to all vessel classification societies seeking recognition by the Coast Guard.
(a) A classification society must be recognized by the Commandant before it may receive statutory authority delegated by the Coast Guard.
(b) In order to become recognized, a classification society must meet the requirements of § 8.230.
(c) A classification society found to meet the criteria for recognition will be notified in writing by the Commandant.
(d) If the Coast Guard determines that a classification society does not meet the criteria for recognition, the Coast Guard will provide the reason for this determination.
(e) A classification society may reapply for recognition upon correction of the deficiencies identified by the Coast Guard.
(a) In order to receive recognition by the Coast Guard a classification society must:
(1) Establish that it has functioned as an international classification society for at least 30 years with its own class rules;
(2) Establish that is has a history of appropriate corrective actions in addressing vessel casualties and cases of nonconformity with class rules;
(3) Establish that it has a history of appropriate changes to class rules based on their application and the overall performance of its classed fleet;
(4) Have a total classed tonnage of at least 10 million gross tons;
(5) Have a classed fleet of at least 1,500 ocean-going vessels over 100 gross tons;
(6) Have a total classed tonnage of ocean-going vessels over 100 gross tons totaling no less than 8 million gross tons;
(7) Publish and maintain class rules in the English language for the design, construction and certification of ships and their associated essential engineering systems;
(8) Maintain written survey procedures in the English language;
(9) Have adequate resources, including research, technical, and managerial staff, to ensure appropriate updating and maintaining of class rules and procedures;
(10) Have adequate resources and geographical coverage to carry out all plan review and vessel survey activities associated with delegated functions as well as classification society requirements;
(11) Employ a minimum of 150 exclusive surveyors;
(12) Have adequate criteria for hiring and qualifying surveyors and technical staff;
(13) Have an adequate program for continued training of surveyors and technical staff;
(14) Have a corporate office in the United States that provides a continuous management and administrative presence;
(15) Maintain an internal quality system based on ANSI/ASQC Q9001 or an equivalent quality standard;
(16) Determine classed vessels comply with class rules, during appropriate surveys and inspection;
(17) Determine that attended vessels comply with all statutory requirements related to delegated functions, during appropriate surveys and inspection;
(18) Monitor all activities related to delegated functions for consistency and required end-results;
(19) Maintain and ensure compliance with a Code of Ethics that recognizes the inherent responsibility associated with delegation of authority;
(20) Not be under the financial control of shipowners or shipbuilders, or of others engaged commercially in the manufacture, equipping, repair or operation of ships;
(21) Not be financially dependent on a single commercial enterprise for its revenue;
(22) Not have any business interest in, or share of ownership of, any vessel in its classed fleet; and
(23) Not be involved in any activities which could result in a conflict of interest.
(b) Recognition may be granted after it is established that the classification society has an acceptable record of vessel detentions attributed to classification society performance under the Coast Guard Port State Control Program.
(a) A classification society must apply for recognition in writing to the Commandant (G-MSE).
(b) An application must indicate which specific authority the classification society seeks to have delegated.
(c) Upon verification from the Coast Guard that the conditions of reciprocity have been met in accordance with § 8.120, the requesting classification society must submit documentation to establish that it meets the requirements of § 8.230.
(a) Classification society class rules will only be accepted as equivalent to Coast Guard regulatory standards when that classification society has received authorization to conduct a related delegated function.
(b) A recognized classification society may not conduct any delegated function under this title until it receives a separate written authorization from the Commandant to conduct that specific function.
A recognized classification society which fails to maintain the minimum standards established in this part will be reevaluated and its recognized status revoked if warranted.
This subpart establishes options for vessel owners and operators to obtain required international convention certification through means other than those prescribed elsewhere in this chapter.
This subpart applies to:
(a) Recognized classification societies; and
(b) All U.S. flag vessels that are certificated for international voyages and are classed by a recognized classification society that is authorized by the Coast Guard to issue the applicable international certificate as specified in this subpart.
(a) The Commandant may authorize a recognized classification society to issue certain international convention certificates. Authorization will be based on review of:
(1) Applicable class rules; and
(2) Applicable classification society procedures.
(b) The Coast Guard may delegate issuance of the following international convention certificates to a recognized classification society:
(1) International Load Line Certificate;
(2) International Tonnage Certificate (1969);
(3) SOLAS Cargo Ship Safety Construction Certificate;
(4) SOLAS Cargo Ship Safety Equipment Certificate;
(5) International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk;
(6) International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk;
(7) International Maritime Organization (IMO) Mobile Offshore Drilling Unit Safety Certificate;
(8) MARPOL 73/78 International Oil Pollution Prevention Certificate; and
(9) MARPOL 73/78 International Oil Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk.
(c) The Coast Guard will enter into a written agreement with a recognized classification society authorized to issue international convention certificates. This agreement will define the scope, terms, conditions and requirements of that delegation. Conditions of these agreements are presented in § 8.130.
(a) The Coast Guard may terminate an authorization agreement with a classification society if:
(1) The Commandant revokes the classification society's recognition, as specified in § 8.260; or
(2) The classification society fails to comply with the conditions of the authorization agreement as specified in § 8.130.
(b) In the event that a flag administration of a country changes conditions related to the authority that is delegated to ABS, the Commandant may modify or revoke the Coast Guard's authorization of that classification society that has its headquarters in that country.
(c) Certificates issued by a classification society which has had its authorization terminated will remain valid until the next classification society survey associated with that certificate is required or until the certificate expires, whichever occurs first.
This subpart establishes an alternative to subpart 2.01 of this chapter for certification of United States vessels.
This subpart applies to:
(a) Recognized classification societies; and
(b) U.S. flag vessels that are certificated for international voyages and are classed by a recognized classification society that is authorized by the Coast Guard to participate in the Alternate Compliance Program (ACP) as specified in this subpart and whose vessel type is authorized to participate in the ACP per the applicable subchapter of 46 CFR chapter I.
(a) The Commandant may authorize a recognized classification society to participate in the ACP. Authorization will be based on a satisfactory review of:
(1) Applicable class rules; and
(2) Applicable classification society procedures.
(b) Authorization for a recognized classification society to participate in the ACP will require development of a U.S. Supplement to the society's class rules that meets the requirements of § 8.430 of this part, which must be accepted by the Coast Guard.
(c) A recognized classification society will be eligible to receive authorization to participate in the ACP only after it has performed a delegated function related to general vessel safety assessment, as defined in § 8.100, for a two-year period.
(d) If, after this two-year period, the Coast Guard finds that the recognized classification society has not demonstrated the necessary satisfactory performance or lacks adequate experience, the recognized classification society will not be eligible to participate in the ACP. The Coast Guard will provide the reason for this determination to the recognized classification society. A classification society may appeal the decision of the Coast Guard concerning recognition to the Commandant in writing in accordance with 46 CFR 1.03-15(h)(4).
(e) The Coast Guard will enter into a written agreement with a recognized classification society authorized to participate in the ACP. This agreement will define the scope, terms, conditions and requirements of the necessary delegation. Conditions of this agreement are presented in § 8.130.
Prior to receiving authorization to participate in the ACP, a recognized classification society must prepare, and receive Commandant (G-MSE) approval of, a U.S. Supplement to the recognized classification society's class rules. This supplement must include all regulations applicable for issuance of a Certificate of Inspection (COI) which are not, in the opinion of the Commandant, adequately established by either the class rules of that classification society or applicable international regulations.
(a) In place of compliance with other applicable provisions of this title, the owner or operator of a vessel subject to plan review and inspection under this subchapter for initial issuance or renewal of a COI may submit the vessel for classification, plan review and inspection by a recognized classification society authorized by the Coast Guard to determine compliance with applicable international treaties and agreements, the classification society's class rules, and the U.S. Supplement prepared by the classification society and accepted by the Coast Guard.
(b) A vessel owner or operator wishing to have a vessel inspected under paragraph (a) of this section shall submit an Application for Inspection of
(c) Based on reports from an authorized classification society that a vessel complies with applicable international treaties and agreements, the classification society's class rules, and the U.S. Supplement prepared by the classification society and accepted by the Coast Guard, the cognizant OCMI may issue a certificate of inspection to the vessel. If the OCMI declines to issue a certificate of inspection even though the reports made by the authorized classification society indicate that the vessel meets applicable standards, the vessel owner or operator may appeal the OCMI decision as provided in subpart 1.03 of this chapter.
(d) If reports from an authorized classification society indicate that a vessel does not comply with applicable international treaties and agreements, the classification society's class rules, and the U.S. Supplement prepared by the classification society and accepted by the Coast Guard, the cognizant OCMI may decline to issue a certificate of inspection. If the OCMI declines to issue a certificate of inspection, the vessel owner or operator may:
(1) Correct the reported deficiencies and make arrangements with the classification society for an additional inspection;
(2) Request inspection by the Coast Guard under other provisions of this subchapter; or
(3) Appeal via the authorized classification society to the Chief, Office of Compliance, Commandant (G-MOC), U.S. Coast Guard, 2100 Second St. SW., Washington, DC 20593-0001.
(a) The Coast Guard may terminate an authorization agreement with a classification society to participate in the Alternate Compliance Program if:
(1) The Commandant revokes the classification society's recognition, as specified in § 8.260; or
(2) The classification society fails to comply with the conditions of the authorization agreement as specified in § 8.130.
(b) In the event that a flag administration of a country changes conditions related to the authority that is delegated to ABS, the Commandant may modify or revoke the Coast Guard's authorization of that classification society that has its headquarters in that country.
(c) Certificates issued by a classification society which has had its authorization to participate in the Alternate Compliance Program terminated will be subject to the provisions of § 8.330.
(d) Owners or operators of vessels enrolled in the ACP and classed by a classification society that has its authority to participate in the ACP terminated must:
(1) Change the classification society for the vessel to a classification society that is authorized to participate in the ACP; or
(2) Disenroll the vessel from the ACP.
(e) The Coast Guard will provide guidance to a vessel owner affected by the revocation of a classification society's authority to participate in the ACP. This will include notification of when the action required under paragraph (d) of this section must be completed.
(a) This subpart establishes the Streamlined Inspection Program (SIP) which is a voluntary alternative inspection program for U.S. documented or registered vessels required to maintain a valid certificate of inspection (COI).
(b) This subpart sets out the eligibility and application requirements and the plan development and approval procedures for enrollment of companies and their vessels in the SIP.
(a) This subpart applies to U.S. documented or registered vessels that have a valid COI.
(b) A vessel enrolled in the SIP will be inspected in accordance with its approved Vessel Action Plan (VAP).
(c) The SIP includes all inspections required to renew and maintain a valid COI. The SIP does not include dry-dock examinations, unscheduled inspections related to vessel casualties, equipment repair or replacement, or vessel modifications. Those inspections will be conducted in accordance with the subparts applicable to the vessel.
The following definitions apply to this subpart:
(a) The company must—
(1) Have owned or operated at least one U.S. documented or registered vessel for a minimum of 3 consecutive years before the SIP application date; and
(2) Have paid all civil penalties and user fees.
(b) Except as allowed by paragraph (c) of this section, each vessel must—
(1) Have been in operation with an eligible owner or operator for at least 3 consecutive years before the SIP application date;
(2) Have had no revocation of its COI during the 3 years before the SIP application date; and
(3) Have no documented deficiency for any of the following in the 3 years before the SIP application date:
(i) Any vessel operation inconsistent with the operating details specified on its COI.
(ii) Operating without the required amount of lifesaving appliances on board the vessel or with inoperable survival craft.
(iii) Operating without the required firefighting equipment on board the vessel or with an inoperable fire pump(s).
(iv) Unauthorized modifications to the vessel's approved systems or structure, such as fixed firefighting systems, pollution prevention arrangements, overcurrent protection devices, or watertight boundary arrangements.
(v) Operating without the required navigation equipment on board the vessel or with inoperable navigation equipment.
(c) A vessel constructed for, or acquired by, a company with one or more vessels enrolled in the SIP need not meet the requirement in paragraph (b)(1) of this section for enrollment in the SIP, provided that the vessel holds a valid COI issued by the OCMI where the vessel will principally operate.
To apply for SIP enrollment, a company will submit an application, in writing, to the cognizant OCMI. The application must contain the following:
(a) A statement that the company and prospective vessel(s) meet the requirements of § 8.515.
(b) A summation of the company's current status in relation to § 8.530(a).
(c) The name and official number of the vessel(s) the company intends to enroll in the SIP.
(d) The name and contact information for the Company SIP Agent.
(a) The cognizant OCMI will review Coast Guard records for the 3 years before the SIP application date to verify the eligibility of the company and each vessel listed in the SIP application.
(b) If the company and one or more of its vessels meets the eligibility requirements contained in § 8.515, the cognizant OCMI will notify the company of its eligibility and assign a Coast Guard SIP Advisor.
(c) If, according to Coast Guard records, a company or vessel does not meet the eligibility requirements contained in § 8.515, the cognizant OCMI will notify the company in writing of its ineligibility stating each reason for not accepting the company or a vessel.
The Company SIP Agent will develop the CAP and VAP with guidance from the Coast Guard SIP Advisor for OCMI approval.
(a)
(1) A copy of the OCMI CAP approval letter (once the CAP is approved).
(2) An organization commitment statement.
(3) A company organization chart that includes the name(s) of the designated SIP support personnel who will be responsible for implementation and oversight of the approved CAP and VAP(s).
(4) A statement describing the responsibilities and authorities of personnel involved in the examination and maintenance of the vessel(s) for the company.
(5) A description of the method the company will use to integrate the applicable subpart regulations into its SIP and the method or system used to initiate corrective action.
(6) A description of the company's safety program.
(7) A description of the company's environmental protection program.
(8) A description of the company's training infrastructure, the method used to track and record training for individual employees, and the training required for the designated SIP support personnel to implement the CAP and the VAP.
(9) A master list of all SIP documents and ICRs that the company intends to use in its VAP(s).
(10) Appendices for each approved VAP.
(b)
(1) A copy of the OCMI VAP approval letter (once the VAP is approved).
(2) A description of the method that will be used to integrate the VAP into the vessel's regular operations.
(3) Vessel-specific ICRs.
(4) Vessel-specific ISV forms.
(5) Vessel-specific examination checklists.
(6) Correction reports.
(c)
When the CAP and VAP(s) have been approved by the cognizant OCMI, the company may begin training and operating under the plans. This evaluation phase includes the following:
(a) The company shall provide the designated SIP support personnel with training as required by the CAP.
(b) The vessel must operate and be examined under the VAP for a period of at least 3 months.
(c) During the operational periods, the Coast Guard SIP Advisor will conduct an ongoing evaluation of the vessel's operation, the training records, and the ability of all designated persons to perform their assigned functions under the VAP. The Coast Guard SIP Advisor will report periodically to the cognizant OCMI and the Company SIP Agent on the vessel's performance, and make recommendations, if needed.
(d) Revisions recommended under paragraph (c) of this section, or any additional operational periods under a revised CAP or VAP as may be required by the cognizant OCMI must be completed prior to enrollment.
Upon successful completion of the training and evaluation phase, the Coast Guard SIP Advisor will recommend to the OCMI that the company or vessel be enrolled in the SIP. If the OCMI concurs with the recommendation, he or she will issue an enrollment letter and endorse the vessel's COI. Subsequent inspections covered under this subpart will be conducted in accordance with the approved VAP.
(a) A Coast Guard marine inspector will conduct required periodic and follow-on inspections necessary to ensure compliance with Coast Guard regulations.
(b) A Coast Guard marine inspector will conduct the inspections in paragraph (a) of this section in accordance with the procedures set out in the VAP. These inspections will normally include the following:
(1)
(2)
(3)
(4)
(c) A Coast Guard marine inspector may conduct any additional tests or examinations of vessel equipment or systems necessary to ensure compliance with Coast Guard regulations during an inspection covered in paragraph (a) of this section.
(a) Mandatory reviews and revisions. The CAP and VAP(s) must be reviewed and revised as follows:
(1) Every 2 years after the plan approval date, the company shall review the CAP and update all information required by § 8.530.
(2) Every 5 years after the plan approval date, the Coast Guard SIP Advisor and the Company SIP Agent will review the VAP.
(3) If a reportable casualty occurs, the cognizant OCMI will review the portions of the VAP related to equipment, training, personnel, and systems involved in the casualty and determine whether revisions to the VAP are appropriate.
(4) When statutes or regulations change, the appropriate sections of the CAP and VAP(s) will be revised.
(b)
(a)
(b)
(c)
(1) The sale of the vessel.
(2) A finalized letter of warning or assessment of a civil penalty for—
(i) Operating outside the scope of the vessel's COI or Stability Letter;
(ii) Not reporting a personnel or material casualty required to be reported under 46 CFR part 4; or
(iii) A material deficiency listed in § 8.515(b)(3).
(a) A Coast Guard District Commander may waive any requirement of this subpart—
(1) If good cause exists for granting a waiver; and
(2) If the safety of the vessel and those on board will not be adversely affected.
(b) Requests for waiver of any requirement of this subpart must be submitted in writing to the cognizant OCMI for review before forwarding to the Coast Guard District Commander for action.
(c) A copy of each waiver granted under this section shall be maintained at all times in the VAP.
A company may appeal any decision or action taken under this subpart in accordance with 46 CFR part 1, subpart 1.03 of this chapter.
(a) A company operating under an approved prototype SIP company or vessel plan must apply in writing by November 1, 1998, to the cognizant OCMI for approval to continue operating under the plans while revisions are developed to bring the prototype SIP company or vessel plan into conformance with this subpart. The OCMI may approve the request for a period of up to 3 years.
(b) A company that does not request approval as required by paragraph (a) of this section or does not obtain approval to continue operating under a prototype SIP company or vessel plan by February 1, 1999, may no longer operate under the plans and will be inspected in accordance with the requirements of 46 CFR part 2, subpart 2.01 of this chapter.
46 U.S.C. 2103; 49 CFR 1.46.
Civilians assigned to the duties formerly assigned to local inspectors and their assistants, prior to Reorganization Plan No. 3 of 1946 (3 CFR, 1946
The rates of extra compensation are payable in cases where the services of officers or employees have been duly requested and the officers or employees have reported for duty, even though no actual service may be performed.
Overtime, Sunday, and holiday services which are covered by payments under this part shall not also form a basis for overtime or extra pay under the Federal Employees Pay Act of 1945.
Extra compensation for
(a) For the purpose of this part the word
(b) The term
(c) The term
The rate of extra compensation for authorized overtime services performed at night on any week day is hereby fixed at one half the gross daily rate of regular pay of the employee who performs the services for each 2 hours of compensable time, any fraction of 2 hours amounting to at least one hour to be counted as 2 hours. In computing the amount earned, each 2 hours is the time period for the purpose of computation, at least one hour means the minimum service in each period for which extra pay may be granted. If service continues beyond a 2 hour period, it must extend for at least one hour into the following 2 hour period to be entitled to extra pay for the second period. When the overtime extends beyond 5 p.m., payment of extra compensation from 5 p.m. for services consisting of at least one hour is authorized, even though such services may not actually begin until 7 p.m., 9 p.m., or later:
The rate of extra compensation for Sunday or holiday services is hereby fixed at twice the gross daily rate of regular pay of the employee who performs the service, for any and all services totaling an aggregate of not more than nine hours, with one hour for food and rest, during the 24 hours from midnight to midnight of the Sunday or holiday including actual waiting time and time required for travel between posts of duty but not including other time not spent at the post of duty. This rate shall apply regardless of the
In computing extra compensation where the services rendered are in broken periods and less than 2 hours intervene between such broken periods the time served should be combined with the waiting time and computed as continuous service.
Where 2 hours or more intervene between broken periods, one-half day's extra pay will be allowed for each distinct 2-hour period or part of a 2-hour period, if waiting time and actual service rendered within each period consists of at least 1 hour.
The same construction should be given the act when charging for waiting time as governs the charge for services actually rendered. No charge should be made unless after having reported for duty the waiting time amounts to at least one hour.
If services are performed for two or more applicants during one continuous tour of overtime duty, the charge for the extra compensation earned shall be prorated equitably according to the time attributable to the services performed for each applicant.
When employees are in travel status, overtime shall apply the same as at official station.
Payment of extra compensation for overtime services shall be subject to appropriations being made therefor by Congress.
Assessment and collection of fees against steamship companies for overtime services shall be made even though the payment to employees for such services may not be made until funds are appropriated for that purpose.
An application on a form prescribed by the Commandant of the Coast Guard, shall be filed with the office being requested to furnish overtime services before such assignment can be made.
Overtime services shall be billed to the steamship companies on collection voucher provided for that purpose. Remittance shall be made by postal money order or certified check payable to the
Protests against the exaction of extra compensation shall be forwarded to the Commandant of the Coast Guard.
This listing is provided for informational purposes only. It is compiled and kept current by the U.S. Coast Guard, Department of Homeland Security. This index is updated as of October 1, 2003.
14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, and 2110; 46 U.S.C. chapter 71; 46 U.S.C. 7502, 7505, 7701, and 8906; Department of Homeland Security Delegation 0170. Section 10.107 is also issued under the authority of 44 U.S.C. 3507.
(a) The purposes of the regulations in this part are to provide—
(1) A comprehensive means of determining the qualifications an applicant must possess to be eligible for a license as a deck officer, engineer, pilot, radio officer, or radio operator on merchant vessels, or for a license to operate uninspected towing vessels or uninspected passenger vessels, or for a certificate of registry as a staff officer; and
(2) A means of determining that an applicant is competent to serve as a master, chief mate, officer in charge of a navigational watch, chief engineer officer, second engineer officer (first assistant engineer), officer in charge of an engineering watch, designated duty engineer, or radio operator, in accordance with the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995 (STCW), and other laws, and to receive the appropriate certificate or endorsement as required by STCW.
(b) With few exceptions, these regulations do not specify or restrict licenses to particular types of service such as tankships, freight vessels or passenger vessels. However, all licensed personnel shall become familiar with the relevant characteristics of each vessel prior to assuming their duties. As appropriate, these characteristics include but are not limited to: general arrangement of the vessel; maneuvering characteristics; proper operation of the installed navigation equipment; firefighting and lifesaving equipment; stability and loading characteristics; emergency duties; and main propulsion and auxiliary machinery, including steering gear systems and controls.
(c) The regulations in subpart C of this part prescribe the requirements applicable to—
(1) Each approved training course, if the training course is to be acceptable as a partial substitute for service or for a required examination, or as training required for a particular license or license endorsement; and
(2) All training and assessment associated with meeting the standards of competence established by STCW.
(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in paragraph (b) of this section, the Coast Guard must publish notice of change in the
(b) The material incorporated by reference in this part and the sections affected are as follows:
(a)
(1)
(2)
(b)
(a) Operating a motor vehicle while under the influence of, or impaired by, alcohol or a controlled substance; or
(b) A traffic violation arising in connection with a fatal traffic accident, reckless driving, or racing on the highways.
Licensing and certification functions are performed only by the Officer in Charge, Marine Inspection, at the following locations:
(a) This section lists the control numbers assigned by the Office of Management and Budget under the Paperwork Reduction Act of 1980 (Pub. L. 96-511) for the reporting and record keeping requirements in this part.
(b) The following control numbers have been assigned to the sections indicated:
(1) OMB 2115-0514—46 CFR 10.201, 10.202, 10.205, 10.207, 10.209, 10.470, 10.472, 10.474, 10.542, and 10.544.
(2) OMB 2115-0111—46 CFR 10.302, 10.303, 10.304, 10.480.
(3) OMB 2115-0624—46 CFR 10.304 and 10.309.
Use table 10.109 to determine the fees that you must pay for license and certificate of registry activities in this part.
(a) You may pay—
(1) All fees required by this section when you submit your application; or
(2) A fee for each phase at the following times:
(i) An evaluation fee when you submit your application.
(ii) An examination fee before you take the first examination section.
(iii) An issuance fee before you receive your license or certificate of registry.
(b) If you take your examination someplace other than a Regional Examination Center (REC), you must pay the examination fee to the REC at least one week before your scheduled examination date.
(c) Unless the REC provides additional payment options, your fees may be paid as follows:
(1) Your fee payment must be for the exact amount.
(2) Make your check or money order payable to the U.S. Coast Guard, and write your social security number on the front of each check or money order.
(3) If you pay by mail, you must use either a check or money order.
(4) If you pay in person, you may pay with cash, check, or money order at Coast Guard units where Regional Examination Centers are located.
(d) Unless otherwise specified in this part, when two or more documents are processed on the same application—
(1)
(2)
(a) Anyone who fails to pay a fee or charge established under this subpart is liable to the United States Government for a civil penalty of not more than $5,000 for each violation.
(b) The Coast Guard may assess additional charges to anyone to recover collection and enforcement costs associated with delinquent payments of, or failure to pay, a fee. Coast Guard licensing services may also be withheld from anyone pending payment of outstanding fees owed to the Coast Guard for services already provided by Regional Examination Centers.
(a) For the purpose of this section, a no-fee license applicant is a person who is a volunteer, or part-time or full-time employee of an organization which is:
(1) Charitable in nature;
(2) Not for profit; and
(3) Youth oriented.
(b) An organization may submit a written request to Commanding Officer, U.S. Coast Guard National Maritime Center, 4200 Wilson Boulevard, Suite 630, Arlington, VA 22203-1804 in order to be considered an eligible organization under the criteria set forth in paragraph (a) of this section. With the written request, the organization must provide evidence of its status as a youth oriented, not for profit, charitable organization.
The following organizations are accepted by the Coast Guard as meeting the requirements of paragraph (a) of this section and need not submit evidence of their status: Boy Scouts of America, Sea Explorer Association, Girl Scouts of the United States of America, and Young Men's Christian Association of the United States of America.
(c) A letter from an organization determined eligible under paragraph (b) of this section must also accompany the person's license application to the Coast Guard. The letter must state that the purpose of the person's application is solely to further the conduct of the organization's maritime activities. The applicant then is eligible under this section to obtain a no-fee license if other requirements for the license are met.
(d) A marine license issued to a person under this section is endorsed restricting its use to vessels owned or operated by the sponsoring organization.
(e) The holder of a no-fee license issued under this section may have the restriction removed by paying the appropriate evaluation, examination, and issuance fees that would have otherwise applied.
(a) Each applicant shall establish to the satisfaction of the OCMI that he or she possesses all of the qualifications necessary (such as age, experience, character references and recommendations, physical health or competence and test for dangerous drugs, citizenship, approved training, passage of a professional examination, as appropriate, and, when required by this part, a practical demonstration of skills) before the OCMI will issue a license or certificate of registry.
(b) No person who has been convicted by a court of record of a violation of the dangerous drug laws of the United States, the District of Columbia, or any State or territory of the United States is eligible for a license or certificate of registry, except as provided by the provisions of paragraph (h) of this section. No person who has ever been the user of, or addicted to the use of, a dangerous drug, or has ever been convicted of an offense described in section 205 of the National Driver Register Act of 1982 (49 U.S.C. 30304) due to the addiction or abuse of alcohol is eligible for a license or certificate of registry unless he or she furnishes satisfactory evidence of suitability for service in the merchant marine as provided in paragraph (j) of this section.
(c) Except as provided in § 10.464(i) of the part, an applicant for a license must demonstrate an ability to speak and understand English as found in the navigation rules, aids to navigation publications, emergency equipment instructions, machinery instructions, and radiotelephone communications instructions.
(d) An applicant for a license must meet the requirements for recent service specified in § 10.202(e).
(e) No license or certificate of registry may be issued to any person who is not a citizen of the United States with the exception of operator of uninspected passenger vessels limited to vessels not documented under the laws of the United States.
(f) Except as specified in this paragraph, no license or certificate of registry may be issued to a person who has not attained the age of 21 years.
(1) A license as master of near coastal, Great Lakes and inland, inland, or river vessels of 25-200 gross tons, third mate, third assistant engineer, mate of vessels of 200-1600 gross tons, ballast control operator, assistant engineer (MODU), assistant engineer of fishing industry vessels, mate (pilot) of towing vessels, radio officer, assistant engineer (limited-oceans), or designated duty engineer of vessels of not more than 4000 horsepower may be granted to an applicant who has reached the age of 19 years.
(2) A license as limited master of near coastal vessels of not more than 100 gross tons, limited master of Great Lakes and inland vessels of not more than 100 gross tons, mate of Great Lakes and inland vessels of 25-200 gross tons, mate of near coastal vessels of 25-200 gross tons, operator of uninspected passenger vessels, or designated duty engineer of vessels of not more than 1,000 horsepower, or apprentice mate (steersman) of towing vessels, may be granted to an applicant, otherwise
(g) Persons serving or intending to serve in the merchant marine service are recommended to take the earliest opportunity of ascertaining, through examination, whether their visual acuity, and color vision where required, are such as to qualify them for service in that profession. Any physical impairment or medical condition which would render an applicant incompetent to perform the ordinary duties of an officer at sea is cause for denial of a license.
(h)
(1) If the applicant is advised that a criminal record check is required by the OCMI, applicants shall provide their fingerprints at the time of application. The fingerprints will be used to determine whether the applicant has a record of a criminal conviction. An application may be disapproved if a criminal record review leads the OCMI to determine that the applicant's habits of life and character are such that the applicant cannot be entrusted with the duties and responsibilities of the license or certificate of registry for which application is made. If an application is disapproved, the OCMI will notify the applicant in writing of the reason(s) for disapproval and advise the applicant that the reconsideration and appeal procedures in § 1.03 of this chapter apply. No examination will be given pending decision on appeal.
(2) The OCMI may use table 10.201(h) to evaluate applicants for licenses and certificates of registry who have criminal convictions. The table lists major categories of criminal activity and is not to be construed as an all-inclusive list. If an applicant is convicted of an offense that does not appear on the list, the OCMI will establish an appropriate assessment period using the list as a guide. The assessment period commences when an applicant is no longer incarcerated. The applicant must establish proof of the time incarcerated and periods of probation and parole to the satisfaction of the OCMI. The assessment period may include supervised or unsupervised probation or parole. A conviction for a drug offense more than 10 years prior to the date of application will not alone be grounds for denial.
(3) When an applicant has convictions for more than one offense, the minimum assessment period will be the longest minimum in table 10.201(h) and table 10.201(i) based upon the applicant's convictions; the maximum assessment period will be the longest shown in table 10.201(h) and table 10.201(i) based upon the applicant's convictions.
(4) If a person with a criminal conviction applies for a license or certificate of registry before the minimum assessment period shown in table 10.201(h), or established by the OCMI under paragraph (h)(2) of this section has elapsed, then the applicant must provide evidence of suitability for service in the merchant marine. Factors which are evidence of suitability for service in the merchant marine are listed in paragraph (j) of this section. The OCMI will consider the applicant's evidence and may issue the license or certificate of registry in less than the listed minimum assessment period if the OCMI is satisfied that the applicant is suitable to hold the license or certificate of registry for which he or she has applied. If an applicant does not provide evidence of suitability for service in the merchant marine, then the application will be considered incomplete and will not be processed by the OCMI.
(5) If a person with a criminal conviction applies for a license or certificate of registry during the time between the minimum and maximum assessment periods shown in table 10.201(h) or established by the OCMI under paragraph (h)(2) of this section, the OCMI will consider the conviction and, unless there are offsetting factors, may grant the applicant the license or certificate of registry for which he or she has applied. Offsetting factors include multiple convictions, failure to comply
(6) If a person with a criminal conviction applies for a license or certificate of registry after the maximum assessment period shown in table 10.201(h) or established by the OCMI under paragraph (h)(2) of this section has elapsed, then the OCMI will grant the applicant the license or certificate of registry for which he or she has applied unless the OCMI has reason to believe the applicant is still unsuitable for service in the merchant marine. If the OCMI disapproves an application based upon a conviction older than the maximum assessment period, the OCMI will notify the applicant in writing of the reason(s) for the disapproval. The OCMI will also inform the applicant, in writing, that the reconsideration and appeal procedures contained in § 1.03 of this chapter apply.
(i)
(1) Any application may be disapproved if information from the NDR check leads the OCMI to determine that the applicant cannot be entrusted with the duties and responsibilities of the license or certificate of registry for which the application is made. If an application is disapproved, the OCMI will notify the applicant in writing of the reason(s) for disapproval and advise the application that the appeal procedures in § 1.03 of this chapter apply. No examination will be given pending decision on appeal.
(2) Prior to disapproving an application because of information received from the NDR, the OCMI will make the information available to the applicant for review and written comment. The applicant may submit records from the applicable State concerning driving record and convictions to the Coast Guard Regional Examination Center (REC) processing the application. The REC will hold an application with NDR listed convictions pending the completion of the evaluation and delivery by the individual of the underlying State records.
(3) The guidelines in table 10.201(i) will be used by the OCMI in evaluating applicants for licenses and certificates of registry who have drug or alcohol related NDR listed convictions. Non-drug or alcohol related NDR listed convictions will be evaluated by the OCMI under table 10.201(h) as applicable.
(4) An applicant may request an NDR file check for
(i) Applicants should request Form NDR-PRV or provide the following information on a notarized letter:
(A) Full legal name;
(B) Other names used;
(C) Complete mailing address;
(D) Driver license number;
(E) Eye color;
(F) Social security number;
(G) Height;
(H) Weight; and
(I) Sex.
(ii) The NDR will respond to every valid inquiry including requests which produce no record(s) on the NDR file. Records can be made available, within a reasonable amount of time after the request, for personal inspection and copying during regular working hours at 7:45 a.m. to 4:15 p.m., each day except Federal holidays.
(j) If an applicant has one or more alcohol or dangerous drug related criminal or NDR listed convictions; if the applicant has ever been the user of, or addicted to the use of, a dangerous drug; or if the applicant applies before the minimum assessment period for his or her conviction has elapsed; the OCMI may consider the following factors, as applicable, in assessing the applicant's suitability to hold a license or certificate of registry. This list is intended as a guide for the OCMI. The OCMI may consider other factors which he or she judges appropriate to a particular applicant, such as:
(1) Proof of completion of an accredited alcohol- or drug-abuse rehabilitation program.
(2) Active membership in a rehabilitation or counseling group, such as Alcoholics Anonymous or Narcotics Anonymous.
(3) Character references from persons who can attest to the applicant's sobriety, reliability, and suitability for employment in the merchant marine including parole or probation officers.
(4) Steady employment.
(5) Successful completion of all conditions of parole or probation.
(a) Applications for original licenses, original certificates of registry, raises of grade, extensions of route, or endorsements must be current and up-to-date with respect to service and the physical examination, as appropriate. Physical examinations and approved applications are valid for 12 months.
(b) Any person who is found qualified under the requirements set forth in this part is issued an appropriate license or certificate of registry valid for a term of 5 years from date of issuance. Any license or certificate of registry which is renewed or upgraded prior to its expiration date automatically becomes void upon issuance of the replacement license or certificate of registry.
(c) A license or certificate of registry is not valid until signed by the applicant and the OCMI (or the OCMI's designated representative).
(d) Every person who receives an original license or certificate of registry shall take an oath before a designated Coast Guard official that he or she will faithfully and honestly, according to his or her best skill and judgment, without concealment or reservation, perform all the duties required by law and obey all lawful orders of superior officers. Such an oath remains binding for all subsequent licenses or certificates of registry issued to that person unless specifically renounced in writing.
(e) The applicant for any original license, endorsement, or raise of grade of license must have at least three months' qualifying service on vessels of appropriate tonnage or horsepower within the three years immediately preceding the date of application.
(f) Any applicant whose uncorrected vision exceeds 20/40 in either eye for deck licenses or 20/50 in either eye for engineer, radio officer, offshore installation manager, barge supervisor, or ballast control operator licenses may not serve under the authority of the license unless corrective lenses are worn and spare lenses are carried on board a vessel while serving. (Not applicable to staff officers).
(g) If an Officer in Charge, Marine Inspection, refuses to grant an applicant the license or certificate of registry for which applied, the OCMI will furnish the applicant, if requested, a written statement setting forth the cause of denial.
(h) The Officer in Charge, Marine Inspection, may modify the service and examination requirements in this part to satisfy the unique qualification requirements of an applicant. The Officer in Charge, Marine Inspection, may also lower the age requirement for operator of uninspected passenger vessels license applicants. The authority granted by a license will be restricted on its face to reflect any modifications made under the authority of this paragraph. Such restrictions shall not be removed without the approval of the OCMI issuing the license.
(i) To obtain an original issuance or a renewal of a license or a certificate of registry, a raise in grade of a license, or a higher grade of certificate of registry each applicant shall produce evidence of having passed a chemical test for dangerous drugs or of qualifying for an exception from testing in § 16.220 of this subchapter. An applicant who fails a chemical test for dangerous drugs will not be issued a license or certificate of registry.
(j) When an original license is issued, renewed, upgraded, or otherwise modified, the OCMI will determine whether the holder of the license needs to hold an STCW certificate or endorsement for service on a seagoing vessel and then, if the holder is qualified, will issue the appropriate certificate or endorsement. The OCMI will also issue an STCW certificate or endorsement at other times, if circumstances so require and if the holder of the license is qualified to hold the certificate or endorsement.
(k) Notwithstanding § 10.205 (l), (m), (n), (o), and (p), § 10.304, and § 10.901, each mariner found qualified to hold any of the following licenses will also be entitled to hold an STCW certificate or endorsement corresponding to the service or other limitations on the license, because the vessels concerned are not subject to further obligation under STCW, on account of their special operating conditions as small vessels engaged in domestic voyages:
(1) Master's, mate's, or engineer's license for service on small passenger vessels that are subject to subchapter T or K of title 46, Code of Federal Regulations (CFR), and that operate beyond the boundary line.
(2) Master's, mate's, or engineer's license for service on seagoing vessels of less than 200 gross register tons (GRT), other than passenger vessels subject to subchapter H of title 46, CFR.
(l) Neither any person serving on any of the following vessels, nor any owner or operator of any of these vessels, need hold STCW certificates or endorsements, because they are exempt from application of STCW:
(1) Uninspected passenger vessels as defined in 46 U.S.C. 2101(42).
(2) Fishing vessels as defined in 46 U.S.C. 2101(11)(a).
(3) Fishing vessels used as fish-tender vessels as defined in 46 U.S.C. 2101(11)(c).
(4) Barges as defined in 46 U.S.C. 2101(2), including non-self-propelled mobile offshore-drilling units.
(5) Vessels operating exclusively on the Great Lakes or the inland waters of the U.S. in the straits of Juan de Fuca inside passage.
Table 10.203 provides a guide to the requirements for various licenses and certificates of registry. Provisions in the reference section are controlling.
Any person directly affected by a decision or action taken under this part, by or on behalf of the Coast Guard, may appeal therefrom in accordance with subpart 1.03 of this chapter.
(a)
(b)
(c)
(i) Birth certificate or birth registration.
(ii) Certificate of naturalization (original must be presented; photocopies are unlawful).
(iii) Baptismal certificate or parish record recorded within one year after birth.
(iv) Statement of a practicing physician certifying attendance at the birth and who possesses a record showing the date and location at which it occurred.
(v) State Department passport.
(vi) A merchant mariner's document issued by the Coast Guard which shows the holder as a United States citizen.
(vii) Delayed certificate of birth issued under a state seal in the absence of any collateral facts indicating fraud in its procurement.
(viii) Certificate of Citizenship issued by the United States Immigration and Naturalization Service.
(2) If none of the requirements set forth in paragraphs (c)(1)(i) through (c)(1)(viii) of this section can be met by the applicant, the individual shall make a statement to that effect, and may submit data of the following character for consideration:
(i) Report of the Census Bureau showing the earliest available record of age or birth. Request for such information should be addressed to the Personal Census Service Branch, Bureau of the Census, Pittsburgh, KS 66762. In making such request, the use of Form BC-600, Application for Search of Census Records, furnished by the Bureau is required.
(ii) Affidavits of parents, relative, or two or more responsible citizens of the United States stating citizenship.
(iii) School records, immigration records, or insurance policies.
(d)
(2) For an original license as master, mate, pilot, or operator, the applicant must have vision correctable to at least 20/40 in each eye and uncorrected vision of at least 20/200 in each eye. The color sense must be determined to be satisfactory when tested by any of the following methods, without the use of color sensing lenses:
(i) Pseudoisochromatic Plates (Dvorine, 2nd Edition; AOC; revised edition or AOC-HRR; Ishihara 16-, 24-, or 38-plate editions).
(ii) Eldridge—Green Color Perception Lantern.
(iii) Farnsworth Lantern.
(iv) Keystone Orthoscope.
(v) Keystone Telebinocular.
(vi) SAMCTT (School of Aviation Medicine Color Threshold Tester).
(vii) Titmus Optical Vision Tester.
(viii) Williams Lantern.
(3) For an original license as engineer, radio officer, offshore installation manager, barge supervisor or ballast control operator, the applicant must have correctable vision of at least 20/50 in each eye and uncorrected vision of at least 20/200 in each eye. Applicants need only to have the ability to distinguish the colors red, green, blue and yellow.
(4) Where an applicant does not possess the vision, hearing, or general physical condition necessary, the OCMI, after consultation with the examining physician or physician's assistant, may recommend a waiver to the Commandant if extenuating circumstances warrant special consideration. Applicants may submit to the OCMI, additional correspondence, records and reports in support of this request. In this regard, recommendations from agencies of the Federal Government operating government vessels, as well as owners and operators of private vessels, made in behalf of their employees, will be given full consideration. Waivers are not normally granted to an applicant whose corrected vision in the better eye is not at least 20/40 for deck licenses or 20/50 for engineer licenses.
(e)
(2) No original license or certificate of registry may be issued to any naturalized citizen on less experience in any grade or capacity than would have been required of a citizen of the United States by birth.
(3) Experience and service acquired on foreign vessels is creditable for establishing eligibility for an original license, subject to evaluation by the OCMI to determine that it is a fair and reasonable equivalent to service acquired on merchant vessels of the United States, with respect to grade, tonnage, horsepower, waters, and operating conditions. An applicant who has obtained qualifying experience on foreign vessels shall submit satisfactory documentary evidence of such service (including any necessary translation into English) in the forms prescribed by paragraph (e)(1) of this section.
(4) No applicant for an original license who is a naturalized citizen, and who has obtained experience on foreign vessels, will be given an original license in a grade higher than that upon which he or she has actually served while acting under the authority of a foreign license.
(f)
(2) The OCMI may review the criminal record check of each applicant for an original license or certificate of registry according to the procedures set forth in § 10.201(h).
(3) A person may apply for an original license, or license of a different type, while on probation as a result of administrative action under part 5 of this chapter. The offense for which the applicant was placed on probation will be considered in determining his or her fitness to hold the license applied for. A license issued to an applicant on probation will be subject to the same probationary conditions as were imposed against the applicant's other license or mariner's document. An applicant may not take an examination for a license during any period when a suspension without probation or a revocation is effective against the applicant's currently held license or mariner's document, or while an appeal from these actions is pending.
(4) In the event a license or certificate of registry has already been issued when information about the applicant's habits of life and character is brought to the attention of the OCMI, if such information warrants the belief that the applicant cannot be entrusted with the duties and responsibilities of the license or certificate of registry issued, or if such information indicates that the application for the license or certificate of registry was false or incomplete, the OCMI may notify the holder in writing that the license or certificate of registry is considered null and void, direct the holder to return it to the OCMI, and advise the holder that, upon return of the license or certificate of registry, the appeal procedures of § 10.204 of this part apply.
(g)
(1) Master's license for service on vessels of 200 gross tons or less in ocean service.
(2) All master or mate's licenses for over 200 gross tons.
(3) All licenses for master or mate (pilot) of towing vessels, except apprentice mate (steersman) of such vessels, on oceans.
(4) All licenses on mobile offshore drilling units.
(5) All engineer's licenses.
(h)
(1) A certificate indicating completion of a first aid course within the past 12 months from:
(i) The American National Red Cross
(ii) A Coast Guard approved first aid training course; or,
(iii) A course the OCMI determines meets or exceeds the standards of the American Red Cross courses; and,
(2) A currently valid certificate of completion of a CPR course from:
(i) The American National Red Cross;
(ii) The American Heart Association;
(iii) A Coast Guard approved CPR training course; or,
(iv) A course the OCMI determines meets or exceeds the standards of the American Red Cross or American Heart Association courses.
(i)
(i) Any applicant for a deck or engineer license limited to vessels not exceeding 500 gross tons, or a license limited to uninspected fishing-industry vessels, may request an oral-assisted examination in lieu of any written or other textual examination. If there are textual questions that the applicant has difficulty reading and understanding, the OCMI will offer the oral-assisted examination. Each license based on an oral-assisted examination is limited to the specific route and type of vessel upon which the applicant obtained the majority of service.
(ii) The general instructions for administration of examinations and the lists of subjects for all licenses appear in Subpart I of this part. The OCMI will place in the applicant's file a record indicating the subjects covered.
(2) When the license application of any person has been approved, the applicant should take the required examination as soon as practicable. If the applicant cannot be examined without delay at the office where the application is made, the applicant may request that the examination be given at another office.
(3) The qualification requirements for
(4) An examination is not required for a license as radio officer or a certificate of registry.
(j)
(k)
(l)
(1) Personal survival techniques as set out in table A-VI/1-1 of the STCW Code (incorporated by reference in § 10.102).
(2) Fire prevention and fire-fighting as set out in table A-VI/1-2 of the STCW Code (also incorporated by reference in § 10.102).
(3) Elementary first aid as set out in table A-VI/1-3 of the STCW Code (also incorporated by reference in § 10.102).
(4) Personal safety and social responsibilities as set out in table A-VI/1-4 of the STCW Code (also incorporated by reference in § 10.102).
(m)
(2) Training and assessment in the use of ARPA are not required for mariners serving exclusively on vessels not fitted with ARPA. However, when any mariner so serving has not completed it, his or her STCW certificate or endorsement will be endorsed to indicate this limitation.
(n)
(i) A certificate for operator of radio in the GMDSS issued by the Federal Communication Commission (FCC); and
(ii) A certificate of completion from a Coast Guard-approved or accepted course for operator of radio in the GMDSS or from another approved or accepted program of training and assessment covering the same areas of competence. The course or program must be sufficient to establish that the applicant is competent to perform radio duties on a vessel participating in the GMDSS and meets the standard of competence under STCW Regulation IV/2.
(2) Paragraph (n)(1) of this section does not apply to a candidate intending to serve only as a pilot, or intending to serve only on vessels not required to comply with the provisions of the GMDSS in Chapter IV of the Convention for the Safety of Life at Sea, 1974, as amended (SOLAS).
(3) Each candidate presenting a certificate described in paragraph (n)(1) of this section may have his or her STCW certificate suitably endorsed with his or her GMDSS qualification.
(o)
(p)
(a)
(b)
(c)
(2) Applicants for raise of grade of license shall present to the OCMI at a Regional Examination Center, letters, discharges, or other official documents certifying to the amount and character of their experience and the names of the vessels on which acquired. Certificates of discharge are returned to the applicant after review by the OCMI. All
(3) Sea service acquired prior to the issuance of the license held is generally not accepted as any part of the service required for raise of grade of that license. However, service acquired prior to issuance of a license will be accepted for certain crossovers, endorsements or increases in scope of a license, as appropriate. In the limited tonnage categories for deck licenses, total accumulated service is a necessary criterion for most raises in grade; service acquired prior to the issuance of such licenses will, therefore, be accepted.
(4) No raise of grade of license may be issued to any naturalized citizen on less experience in any grade than would have been required of a citizen of the United States by birth.
(5) Experience and service acquired on foreign vessels while holding a valid U. S. license is creditable for establishing eligibility for a raise of grade, subject to evaluation by the OCMI to determine that it is a fair and reasonable equivalent to service acquired on merchant vessels of the United States, with respect to grade, tonnage, horsepower, waters and operating conditions. An applicant who has obtained the qualifying experience on foreign vessels shall submit satisfactory documentary evidence of such service (including any necessary translations into English) in the forms prescribed by paragraph (c)(2) of this section.
(6) An applicant remains eligible for a raise of grade of license while on probation as a result of action under part 5 of this chapter. A raise of grade of license issued to a person on probation will be subject to the same probationary conditions imposed against the applicant's other certificates or licenses. The offense for which he or she was placed on probation will be considered on the merits of the case in determining fitness to hold the license applied for. No applicant will be examined for a raise of grade of license during any period when a suspension without probation or a revocation imposed under part 5 of this chapter is effective against the applicant's license or certificate or while an appeal from these actions is pending.
(d)
(ii) The general instructions for administration of examinations and the lists of subjects for all licenses appear in Subpart I of this part.
(2) The qualification requirements for
(e)
(2) If the OCMI has reason to believe that an applicant for raise of grade of license suffers from some physical impairment or medical condition which would render the applicant incompetent to perform the ordinary duties of that license, the applicant may be required to submit the results of an examination by a licensed physician or physician assistant that meets the requirements for an original license.
(3) An applicant who has lost the sight of one eye may obtain a raise of grade of license, provided that the applicant is qualified in all other respects and that the visual acuity in the one remaining eye passes the test required under § 10.205(d).
(f)
(g)
(h)
(i)
(a)
(1) Each application must be on a Coast Guard furnished form and be accompanied by the evaluation fee set out in table 10.109 in § 10.109. An approved application is valid for 12 months.
(2) The applicant may apply in person at any Regional Examination Center listed in § 10.105 or may renew the license or certificate of registry by mail under paragraph (e)(3) of this section.
(3) The applicant shall submit the original or a photocopy of the license or certificate of registry to be renewed. A photocopy will include the back and all attachments. If requested, the old license or certificate of registry will be returned to the applicant.
(b)
(c)
(i) Present evidence of at least 1 year of sea service during the past 5 years;
(ii) Pass a comprehensive, open-book exercise covering the general subject matter contained in appropriate sections of subpart I of this part;
(iii) Complete an approved refresher training course; or
(iv) Present evidence of employment in a position closely related to the operation, construction or repair of vessels (either deck or engineer as appropriate) for at least 3 years during the past 5 years. An applicant for a deck license with this type of employment must also demonstrate knowledge on an applicable Rules of the Road exercise.
(2) The qualification requirements for renewal of
(3) Additional qualification requirements for renewal of a license as pilot are contained in § 10.713.
(4) An applicant for renewal of a radio officer's license shall, in addition to meeting the requirements of paragraphs (a) and (b) of this section, present a currently valid license as first- or second-class radiotelegraph operator issued by the Federal Communications Commission. This license will be returned to the applicant.
(5) An applicant for renewal of a medical doctor or professional nurse certificate of registry shall, in addition to meeting the requirements of paragraphs (a) and (b) of this section, present evidence that he or she holds a currently valid appropriate license as physician, surgeon, or registered nurse issued under the authority of a state or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia.
(6) An applicant for renewal of a license as master or mate (pilot) of towing vessels shall submit satisfactory evidence of either by—
(i) Completing a practical demonstration of maneuvering and handling a towing vessel before a designated examiner; or
(ii) Submitting documentary proof of ongoing participation in training and drills during the validity of the license being renewed.
(d)
(2) If the OCMI has reason to believe that an applicant for renewal of a license suffers from some physical impairment or medical condition which would render the applicant incompetent to perform the ordinary duties of that license, the applicant may be required to submit the results of an examination by a licensed physician or physician assistant that meets the requirements for original license.
(3) An applicant who has lost the sight of one eye may obtain a renewal of license, provided that the applicant is qualified in all other respects and that the visual acuity in the one remaining eye passes the test required under § 10.205(d).
(4) Physical examinations are not required for renewal of certificates of registry.
(e)
(2)
(3)
(A) A properly completed application on a Coast Guard furnished form and the evaluation fee required by table 10.109 in § 10.109.
(B) The expired license or certificate of registry to be renewed; or, if it has not expired, a photocopy of the license or certificate, including the back and all attachments.
(C) A certification from a licensed physician or physician assistant in accordance with paragraph (d) of this section for the renewal of a license.
(D) If the applicant desires to renew a license with a radar observer endorsement, either the radar observer certificate or a certified copy.
(E) Evidence of, or acceptable substitute for, sea service for the renewal of a license.
(F) For a certificate of registry as a medical doctor or professional nurse, evidence that he or she holds a currently valid, appropriate license as physician, surgeon, or registered nurse, issued under the authority of a state or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia.
(ii) The open-book exercise, if required, may be administered through the mail.
(iii) Upon receipt of the renewed license or certificate of registry, the applicant shall sign it in order to validate the license or certificate.
(4)
(f)
(2) A certificate of registry that has been expired for more than 12 months shall be renewed in the same way as a current certificate of registry. There are no additional requirements for reissuing certificates of registry that have been expired for more than 12 months.
(g)
(2) Applications for renewal of a license with the continuity endorsement must include:
(i) The license to be renewed, or, if it is unexpired, a photocopy of the license including the back and all attachments; and,
(ii) A signed statement from the applicant attesting to an awareness of the restriction to be placed on the renewed license, and of the requirements for rescinding the continuity endorsement.
(h)
(i) Each applicant for a renewal may be required to consent to a criminal record check under § 10.201(h).
(j) Each applicant for renewal of a license or certificate of registry shall consent to an NDR check under § 10.201(i).
(k) Except as otherwise provided by § 10.202, each candidate for a renewal of an STCW certificate or endorsement as master, mate, operator, or engineer, to be valid on or after February 1, 2002, for service on any vessel in ocean or near-coastal service, shall meet the applicable requirements of paragraphs (l), (m), (n), and (o) in § 10.205 and shall meet the requirements of Section A-VI/2, paragraph 1 to 4 of the STCW Code.
The figure that follows illustrates the conversion of a towing license issued before May 21, 2001. The conversion will take place at the first renewal or upgrade of the license after May 20, 2001.
(a) Sea service may be documented for licensing purposes in various forms such as certificates of discharge, pilotage service and billing forms, and letters or other official documents from marine companies signed by appropriate officials or licensed masters. For service on vessels of under 200 gross tons, owners of vessels may attest to their own service; however, those who do not own a vessel must obtain letters or other evidence from licensed personnel or the owners of the vessels listed. The documentary evidence produced by the applicant must contain the amount and nature (e.g. chief mate. assistant engineer, etc.) of the applicant's experience, the vessel name, gross tonnage, shaft horsepower and official numbers, the routes upon which the experience was acquired, and approximate dates of service.
(b) Port engineer, shipyard superintendent experience, instructor service, or similar related service may be creditable for a maximum of six months of service for raise of grade of an engineer or deck license, as appropriate, using the following:
(1) Port engineer or shipyard superintendent experience is creditable on a three-for-one basis for a raise of grade. (Twelve months of experience equals four months of creditable service.)
(2) Service as a bona fide instructor at a school of navigation or marine engineering is creditable on a two-for-one basis for a raise of grade. (Twelve months of experience equals six months of creditable service).
(c) Service on mobile offshore drilling units is creditable for raise of grade of license. Evidence of one year's service as mate or equivalent while holding a license as third mate, or as engineering officer of the watch or equivalent while holding a license as third assistant engineer, is acceptable for a raise of grade to second mate or second assistant engineer, respectively; however, any subsequent raises of grade of unlimited, nonrestricted licenses must include a minimum of six months of service on conventional vessels.
(d) Service on a Dual Mode Integrated Tug Barge (ITB) unit is creditable for original or raise of grade of any deck licenses. Service on a Dual Mode ITB with an aggregate tonnage of over 1600 gross tons is creditable on a two-for-one basis (two days experience equals one day of creditable service) for up to 50 percent of the total service on vessels over 1600 gross tons required for an unlimited license. The remaining required service on vessels of over 1600 gross tons must be obtained on conventional vessels or Push Mode ITBs.
(e) Other experience in a marine related area, other than at sea, or sea service performed on unique vessels, will be evaluated by the OCMI and forwarded to the Commandant for a determination of equivalence to traditional service.
(a) Sea service as a member of the Armed Forces of the United States will be accepted as qualifying experience for an original, raise of grade, or increase in scope of all licenses. In most cases, military sea service will have been performed upon ocean waters; however, inland service, as may be the case on smaller vessels, will be credited in the same manner as conventional evaluations. The applicant must submit an official transcript of sea service as verification of the service claimed when the application is submitted. The applicant must also provide the Officer in Charge, Marine Inspection other necessary information as to tonnage, routes, horsepower, percentage of time underway, and assigned duties upon the vessels which he or she served. Such service will be evaluated by the OCMI and forwarded to the Commandant for a determination of its equivalence to sea service acquired on merchant vessels and the appropriate grade, class, and limit of license for which the applicant is eligible. Normally, 60 percent of the total time on board is considered equivalent underway service; however, the periods of operation of each vessel may be evaluated separately. In order to be eligible for a master's or chief engineer's unlimited license, the applicant must have acquired military service in the capacity of commanding officer or engineer officer, respectively.
(b) Service in deck ratings on military vessels such as seaman apprentice, seaman, boatswain's mate, quartermaster, or radarman are considered deck service for licensing purposes. Service in other ratings may be considered if the applicant establishes that his or her duties required a watchstanding presence on or about the bridge of a vessel. Service in engineer ratings on military vessels such as fireman apprentice, fireman, engineman, machinists, mate, machinery technician or boiler tender are considered engineer service for licensing purposes. There are also other ratings such as electrician, hull technician, or damage controlman which may be credited when the applicant establishes that his or her duties required watchstanding duties in an operating engine room.
(c) In addition to underway service, members of the Armed Forces may obtain creditable service for periods of assignment to vessels at times other than underway, such as in port, at anchor, or in training. Normally, a 25% factor is applied to these time periods. This experience can be equated with general shipboard familiarity, training,
(d) Sea service obtained on submarines is creditable, as if it were surface vessel service, for deck and engineer licenses under the provision of paragraph (a) of this section. For application to deck licenses, submarine service may be creditable if at least 25 percent of all service submitted for the license was obtained on surface vessels (e.g. If four years' total service were submitted for an original license, at least one year must have been obtained on surface craft in order for the submarine service to be eligible for evaluation).
(e) Service gained in a civilian capacity as commanding officer, master, mate, engineer, or pilot, etc., of any vessel owned and operated by the United States, in any service, in which a license as master, mate, engineer, or pilot was not required at the time of such service, is evaluated by the OCMI and forwarded to the Commandant for a determination of equivalence.
(a) If an Officer in Charge, Marine Inspection, is satisfied by the documentary evidence submitted that an applicant is entitled by experience, training, and knowledge to an endorsement or increase in the scope of any license held, any limitations which were previously placed upon the license by that OCMI may be changed. Such an increase in scope may include horsepower or tonnage limitations, or geographic route restrictions.
(b) An OCMI may not change a limitation on any license which that office did not place thereon before full information regarding the reason for the limitation is obtained from the OCMI responsible for the limitation.
(c) No limitation on any license may be changed before the applicant has made up any deficiency in the experience prescribed for the license or endorsement desired and passed any necessary examination.
(a)(1) The examinations for all deck and engineer unlimited licenses are administered at periodic intervals. The examination fee set out in table 10.109 in § 10.109 must be paid before the applicant may take the first examination section. If an applicant fails three or more sections of the examination, a complete reexamination must be taken, but may be taken during any of the scheduled exam periods. On the subsequent exam, if the applicant again fails three or more sections, at least 3 months must lapse before another complete examination is attempted, and a new examination fee is required. If an applicant fails one or two sections of an examination, the applicant may be retested twice on these sections during the next 3 months. If the applicant does not successfully complete these sections within the 3 month period, complete reexamination must be taken after a lapse of at least 3 months from the date of the last retest, and a new examination fee is required. The 3 month retest period may be extended by the OCMI if the applicant presents discharges documenting sea time which prevented the taking of a retest during the 3 month period. The retest period may not be extended beyond 7 months from the initial examination.
(2) The scheduling of all other deck and engineer license examinations will be at the discretion of the OCMI. The examination fee set out in table 10.109 in § 10.109 must be paid before the applicant may take the first examination section. In the event of a failure, the applicant may be retested twice whenever the examination can be rescheduled with the OCMI. The applicant must be examined in all of the unsatisfactory sections of the preceding examination. If the applicant does not successfully complete all parts of the examination during a 3-month period from the initial test date, a complete reexamination must be taken after a lapse of at least 2 months from the date of the last retest, and a new examination fee is required.
(b) If the OCMI refuses to grant an applicant the license for which applied due to failing to pass a required examination, the applicant is furnished a written statement setting forth the portions of the examination which
(a) Whenever a person to whom a license or certificate of registry has been issued loses the license or certificate, that person shall report the loss to any OCMI. A duplicate license or certificate may be issued by an OCMI listed in the note following § 1.05(b) of this part after receiving an application with an affidavit describing the circumstances of the loss from the applicant and verification of the license or certificate record from the Regional Examination Center where it was issued or from the Commandant. The duplicate will be prepared in the same format and wording as the license or certificate being replaced. A duplicate license is issued for the unexpired term of the lost license. Duplicate licenses and certificates of registry bear the following statement: “This license (or certificate) replaces License (or Certificate) Number __ issued at __ on the above date.”
(b) If a person loses a license or certificate of registry by shipwreck or other casualty, a reissue of that license or certificate or registry will be supplied free of charge. Other casualties include any damage to a ship caused by collision, explosion, tornado, wreck, flooding, beaching, grounding, or fire.
(c) If a person loses a license or certificate of registry otherwise than by shipwreck or other casualty and applies for a reissue, the appropriate fee set out in table 10.109 in § 10.109 is required.
The holder of a license shall not voluntarily part with it or place it beyond his or her personal control by pledging or depositing it with any other person for any purpose. If the holder violates this section, he or she may be proceeded against in accordance with the provisions of part 5 of this chapter, looking to a suspension or revocation of the license.
(a) When the license of any individual is revoked, it is no longer valid for any purpose and any license of the same type subsequently requested must be applied for as an original license, except as to number of issue.
(b) No person whose license is suspended without probation or has been revoked may be issued another license without approval of the Commandant.
(c) When a license which is about to expire is suspended, the renewal of such license will be withheld until expiration of the period of suspension.
(d) An applicant for renewal or return of a license as master or mate (pilot) of towing vessels whose most recent license was suspended or revoked by an administrative law judge for incompetence shall complete the practical demonstration under paragraph (c)(6)(i) of § 10.209.
This subpart prescribes the general requirements applicable to all approved courses which may be accepted in lieu of service experience or examination required by the Coast Guard, or which satisfy course completion requirements.
(a) The Coast Guard approves courses satisfying regulatory requirements and those that substitute for a Coast Guard examination or a portion of a sea service requirement. The owner or operator of a training school desiring to have a course approved by the Coast Guard shall submit a written request to the Commanding Officer, National Maritime Center, NMC-4B, 4200 Wilson Boulevard, Suite 510, Arlington, VA 22203-1804, that contains:
(1) A list of the curriculum including a description of and the number of classroom hours required in each subject;
(2) A description of the facility and equipment;
(3) A list of instructors including the experience, background, and the qualifications of each; and
(4) Specify the Coast Guard training requirements the course is intended to satisfy.
(b) The Coast Guard notifies each applicant in writing whether or not an approval is granted. If a request for approval is denied, the Coast Guard informs the applicant the reasons for the denial and describes what corrections are required for an approval.
(c) Unless sooner surrendered, suspended or withdrawn, an approval for a course at a training school that meets Coast Guard standards expires 24 months after the month in which it is issued, when the school closes, when the school gives notice that it will no longer offer the course, or on the date of any change in the ownership of the school for which it was issued, whichever occurs first.
(d) If the owner or operator of a training school desires to have a course approval renewed, they shall submit a written request to the address listed in paragraph (a) of this section. For the request to be approved, the Coast Guard must be satisfied that the content and quality of instruction remain satisfactory. Unless sooner surrendered, suspended or withdrawn, a renewal of the approval expires 60 months after the month it is issued, when the school closes, when the school gives notice that it will no longer offer the course, or on the date of any change in ownership of the school for which it is issued, whichever occurs first.
(e)
(f)
(2) The Commanding Officer, National Maritime Center, may withdraw approval of any or all courses by an approval holder upon a determination that the approval holder has demonstrated a pattern or history of:
(i) Failing to comply with the applicable regulations or the requirements of course approvals;
(ii) Substantial deviations from their approved course curricula; or
(iii) Presenting courses in a manner that is insufficient to achieve learning objectives.
(g)
Each school with an approved course must:
(a) Have a well maintained facility that accommodates the students in a safe and comfortable environment conducive to learning.
(b) Have visual aids for realism, including simulators where appropriate, which are modern and well maintained and sufficient for the number of students to be accommodated.
(c) Give appropriate written or practical examinations in the course material to each student of such a degree of difficulty that a student who successfully completes them could reasonably assume that he or she would pass, on the first attempt, an examination prepared by the Coast Guard based upon knowledge requirements of the position or endorsement for which the student is being trained.
(d) Keep for at least one year after the end of each student's enrollment:
(1) Each written examination, or in the case of a practical test, a report of such test; and
(2) A record of each student's classroom attendance.
(e) Not change its approved curriculum unless approved, in writing, after the request for change has been submitted in writing to the Commanding Officer, National Maritime Center (NMC-4B).
(f) At any time the Officer in Charge, Marine Inspection shall direct, allow the Coast Guard to:
(1) Inspect its facilities, equipment, and records, including scholastic records;
(2) Conduct interviews and surveys of students to aid in course evaluation and improvement;
(3) Assign personnel to observe or participate in the course of instruction; and
(4) Supervise or administer the required examinations or practical demonstrations.
(a) Satisfactory completion of certain training courses approved by the Commandant may be substituted for a portion of the required service for many deck and engineer licenses and for qualified ratings of unlicensed personnel. The list of all currently approved courses of instruction including the equivalent service and applicable licenses and ratings is maintained by Commanding Officer, National Maritime Center, NMC-4B. Satisfactory completion of an approved training course may be substituted for not more than two-thirds of the required service on deck or in the engine department for deck or engineer licenses, respectively, and for qualified ratings.
(b) Service time gained at an approved training course does not satisfy recent service requirements nor does training on a simulator; however, any underway service at an approved course may be used for this purpose. An applicant who had met the recent service requirement before entering school will not be penalized by attending the approved training course.
(c) Training obtained prior to receiving a license may not be used for subsequent raises of grade.
(d) Simulator training in combination with a Coast Guard approved training course may be submitted to the Commanding Officer, National Maritime Center, for evaluation and determination of equivalency to required sea service. Simulator training cannot be substituted for recency requirements, but may substitute for a maximum of 25 percent of the required service for any license transaction.
(e) Except as provided in § 10.202, when a candidate both applies for an STCW certificate or endorsement as an officer in charge of a navigational watch, on the basis of training or sea service commencing on or after August 1, 1998, and uses completion of approved training to substitute for required service, then not less than 1 year of the remaining service must be part of approved training that meets the appropriate requirements of Chapter II of STCW and the requirements of subpart C of this part. The training of a candidate must be documented in a Coast Guard-accepted training-record book.
(f) Except as provided in § 10.202, each candidate who applies for an STCW certificate or endorsement as an officer
(g) The training-record book referred to in paragraphs (e) and (f) of this section must contain at least the following:
(1) The identity of the candidate.
(2) The tasks to be performed or the skills to be demonstrated, with reference to the standards of competence set forth in the tables of the appropriate sections in part A of the STCW Code.
(3) The criteria to be used in determining that the tasks or skills have been performed properly, again with reference to the standards of competence set forth in the tables of the appropriate sections in part A of the STCW Code.
(4) A place for a qualified instructor to indicate by his or her initials that the candidate has received training in the proper performance of the task or skill.
(5) A place for a designated examiner to indicate by his or her initials that the candidate has successfully completed a practical demonstration and has proved competent in the task or skill under the criteria, when assessment of competence is to be documented in the record books.
(6) The identity of each qualified instructor, including any Coast Guard license or document held, and the instructor's signature.
(7) The identity of each designated examiner, when any assessment of competence is recorded, including any Coast Guard license or document held, and the examiner's signature confirming that his or her initials certify that he or she has witnessed the practical demonstration of a particular task or skill by the candidate.
(h) Each applicant for a license as master or mate (pilot) of towing vessels, and each master or mate of self-propelled vessels of greater than 200 gross tons seeking an endorsement for towing vessels, shall complete a towing officers’ assessment record that contains at least the following:
(1) Identification of the candidate, including full name, home address, photograph or photo-image, and personal signature.
(2) Objectives of the training and assessment.
(3) Tasks to perform or skills to demonstrate.
(4) Criteria to use in determining that the tasks or skills have been performed properly.
(5) A place for a qualified instructor or licensed officer (with authority to operate a towing vessel) to indicate by his or her initials that the candidate has received training in the proper performance of the tasks or skills.
(6) A place for a designated examiner to indicate by his or her initials that the candidate has successfully completed a practical demonstration and has proved proficient in the task or skill under the criteria.
(7) Identification of each qualified instructor or licensed officer (with authority to operate a towing vessel) by full name, home address, employer, job title, ship name or business address, number of any Coast Guard license or document held, and personal signature.
(8) Identification of each designated examiner by full name, home address, employer, job title, ship name or business address, number of any Coast Guard license or document held, and personal signature confirming that his or her initials certify that he or she has witnessed the practical demonstration of a particular task or skill by the candidate.
(i) The training-record book referred to in paragraphs (e) and (f) of this section may be maintained electronically, if the electronic record meets Coast Guard-accepted standards for accuracy, integrity, and availability.
(a) A student who takes an approved course of training, which includes passing both a radar-theory examination and a practical demonstration on a simulator, and who meets the requirements of this section is entitled to an appropriate Radar-Observer certificate—
(1) In a form prescribed by the school and acceptable to the Coast Guard; and
(2) Signed by the head of the school.
(b) The following Radar-Observer certificates are issued under this section:
(1) Radar Observer (Unlimited).
(2) Radar Observer (Inland Waters and Gulf-Intracoastal Waterway [GIWW]).
(3) Radar Observer (Rivers).
(4) Radar Observer (Unlimited: Renewal).
(5) Radar Observer (Inland Waters and GIWW: Renewal).
(6) Radar Observer (Rivers: Renewal).
(c) A school with an approved Radar-Observer course may issue a certificate listed in paragraph (b) of this section after the student has successfully completed the appropriate curriculum as follows:
(1) Radar Observer (Unlimited). Classroom instruction—including demonstration and practical exercises using simulators—and examination, in the following subjects:
(i) Fundamentals of radar:
(A) How radar works.
(B) Factors affecting the performance and accuracy of marine radar.
(C) Purposes and functions of the main components that constitute a typical marine-radar system.
(ii) Operation and use of radar:
(A) Purpose and adjustment of controls.
(B) Detection of malfunctions, false and indirect echoes, and other radar phenomena.
(C) Effects of sea return, weather, and other environmental conditions.
(D) Limitations of radar resulting from design factors.
(E) Safety precautions associated with use and maintenance of marine radar.
(F) Measurement of ranges and bearings.
(G) Effect of size, shape, composition, and distance of vessels and terrestrial targets on echo.
(iii) Interpretation and analysis of radar information:
(A) Radar navigation (including visual techniques)—determining positions, and detecting changes in the relative motion, of other vessels.
(B) Collision-avoidance, including visual techniques, appropriate to the circumstances and the equipment in use.
(C) Determining the course and speed of another vessel.
(D) Determining the time and distance of closest point of approach of a crossing, meeting, overtaking, or overtaken vessel.
(E) Detecting changes of course or speed of another vessel after its initial course and speed have been established.
(F) Applying the Navigational Rules, Chapters 30 and 34 of Title 33 U.S. Code [Commandant Instruction M16672.2C, as amended, or equivalent], and other factors to consider when determining changes of course or speed of a vessel to prevent collisions on the basis of radar observation.
(G) Use of radar in maintaining situational awareness.
(iv) Plotting (by any graphically-correct method):
(A) Principles and methods of plotting relative and true motion.
(B) Practical-plotting problems.
(2) Radar Observer (Inland Waters and GIWW). Classroom instruction—with emphasis on situations and problems encountered on inland waters and the GIWW, including demonstration and practical exercises using simulators—and examination, in the following subjects:
(i) Fundamentals of radar:
(A) How radar works.
(B) Factors affecting the performance and accuracy of marine radar.
(C) Purpose and functions of the main components that constitute a typical marine-radar system.
(ii) Operation and use of radar:
(A) Purpose and adjustment of controls.
(B) Detection of malfunctions, false and indirect echoes, and other radar phenomena.
(C) Effects of sea return, weather, and other environmental conditions.
(D) Limitations of radar resulting from design factors.
(E) Safety precautions associated with use and maintenance of marine radar.
(F) Measurement of ranges and bearings.
(G) Effect of size, shape, composition, and distance of vessels and terrestrial targets on echo.
(iii) Interpretation and analysis of radar information:
(A) Radar navigation (including visual techniques)—determining positions, and detecting changes in the relative motion, of other vessels.
(B) Collision-avoidance, including visual techniques, appropriate to the circumstances and the equipment in use.
(C) Determining the course and speed of another vessel.
(D) Determining the time and distance of closest point of approach of a crossing, meeting, overtaking, or overtaken vessel.
(E) Detecting changes of course or speed of another vessel after its initial course and speed have been established.
(F) Applying the Navigational Rules, and other factors to consider when determining changes of course or speed of a vessel to prevent collisions on the basis of radar observation.
(G) Use of radar in maintaining situational awareness.
(3) Radar Observer (Rivers). Classroom instruction—with emphasis on situations and problems encountered on rivers, including demonstration and practical exercises using simulators—and examination, in the following subjects:
(i) Fundamentals of radar:
(A) How radar works.
(B) Factors affecting the performance and accuracy of marine radar.
(C) Purpose and functions of the main components that constitute a typical marine-radar system.
(ii) Operation and use of radar:
(A) Purpose and adjustment of controls.
(B) Detection of malfunctions, false and indirect echoes, and other radar phenomena.
(C) Effects of sea return, weather, and other environmental conditions.
(D) Limitations of radar resulting from design factors.
(E) Safety precautions associated with use and maintenance of marine radar.
(F) Measurement of ranges and bearings, recognizing limited use of radar bearings in curving, narrow channels.
(G) Effect of size, shape, composition, and distance of vessels and terrestrial targets on echo.
(iii) Interpretation and analysis of radar information:
(A) Radar navigation (including visual techniques)— determining positions, and detecting changes in the relative motion, of other vessels.
(B) Collision-avoidance, including visual techniques, appropriate to the circumstances and the equipment in use.
(C) Applying the Navigational Rules, and other factors to consider when determining changes of course or speed of a vessel to prevent collisions on the basis of radar observation.
(D) Use of radar in maintaining situational awareness.
(4) Radar Observer (Unlimited: Renewal). Classroom instruction—including demonstration and practical exercises using simulators—and examination, in the following subjects:
(i) Interpretation and analysis of radar information:
(A) Radar navigation (including visual techniques)—determining positions, and detecting changes in the relative motion, of other vessels.
(B) Collision-avoidance, including visual techniques, appropriate to the circumstances and the equipment in use.
(C) Determining the course and speed of another vessel.
(D) Determining the time and distance of closest point of approach of a crossing, meeting, overtaking, or overtaken vessel.
(E) Detecting changes of course or speed of another vessel after its initial course and speed have been established.
(F) Applying the Navigational Rules, and other factors to consider when determining changes of course or speed of a vessel to prevent collisions on the basis of radar observation.
(G) Use of radar in maintaining situational awareness.
(ii) Plotting (by any graphically-correct method):
(A) Principles and methods of plotting relative and true motion.
(B) Practical-plotting problems.
(5) Radar Observer (Inland Waters and GIWW: Renewal). Classroom instruction—including demonstration and practical exercises using simulators—and examination, in the interpretation and analysis of radar information, including:
(i) Radar navigation (including visual techniques—determining positions, and detecting changes in the relative motion, of other vessels.
(ii) Collision-avoidance, including visual techniques, appropriate to the circumstances and the equipment in use.
(iii) Determining the course and speed of another vessel.
(iv) Determining the time and distance of closest point of approach of a crossing, meeting, overtaking, or overtaken vessel.
(v) Detecting changes of course or speed of another vessel after its initial course and speed have been established.
(vi) Applying the Navigational Rules, and other factors to consider when determining changes of course or speed of a vessel to prevent collisions on the basis of radar observation.
(vii) Use of radar in maintaining situational awareness.
(6) Radar Observer (Rivers: Renewal). Classroom instruction—including demonstration and practical exercises using simulators—and examination, in the interpretation and analysis of radar information, including:
(i) Radar navigation (including visual techniques)— determining positions, and detecting changes in the relative motion, of other vessels.
(ii) Collision-avoidance, including visual techniques, appropriate to the circumstances and the equipment in use.
(iii) Applying the Navigational Rules, and other factors to consider when determining changes of course or speed of a vessel to prevent collisions on the basis of radar observation.
(iv) Use of radar in maintaining situational awareness.
(a) A certificate of training from a Radar-Operation course may, as provided by 46 CFR 15.815(c)(2), suffice instead of a Radar-Observer endorsement. It is valid until the holder's license is renewed or upgraded, or expires, whichever occurs first.
(b) Each Radar-Operation course must contain at least 4 hours of instruction on the following subjects:
(1) Fundamentals of radar:
(i) How radar works.
(ii) Factors affecting the performance and accuracy of marine radar.
(iii) Purpose and functions of the main components that constitute a typical marine-radar system.
(2) Operation and use of radar:
(i) Purpose and adjustment of controls.
(ii) Detection of malfunctions, false and indirect echoes, and other radar phenomena.
(iii) Effects of sea return, weather, and other environmental conditions.
(iv) Limitations of radar resulting from design factors.
(v) Safety precautions associated with use and maintenance of marine radar.
(vi) Measurement of ranges and bearings.
(vii) Effect of size, shape, composition, and distance of vessels and terrestrial targets on echo.
(3) Interpretation and analysis of radar information:
(i) Radar navigation—determining the position and direction of movements of a vessel.
(ii) Collision-avoidance, including visual techniques, appropriate to the circumstances and the equipment in use.
(iii) Applying the Navigational Rules, Chapters 30 and 34 of Title 33 U.S. Code [Commandant Instruction M16672.2C or equivalent, as amended], and other factors to consider when determining changes of course or speed of a vessel to prevent collisions on the basis of radar observation.
(c) Each Radar-Operation course must be conducted by a person who possesses the knowledge and skills taught in the course, with at least one year of experience in their practical application, except that—
(1) A marine instructor or company official may substitute a currently valid certificate from an approved Radar-Observer course (Unlimited, or Inland Waters and GIWW) for the one year of experience; and
(2) An instructor of any approved Radar-Observer course may teach a Radar-Operation course without further seagoing experience.
(d) When a holder of the Radar-Operation certificate seeks a Radar-Observer endorsement, he or she is an applicant for an original endorsement rather than for renewal of an endorsement.
The Commanding Officer, National Maritime Center, NMC-4B, 4200 Wilson Boulevard, Suite 510, Arlington, VA 22203-1804 maintains the list of approved schools and specific courses. This information is available upon request by writing the aforementioned address or calling (703) 235-1300.
(a) When the training and assessment of competence required by this part are not subject to Coast Guard approval under § 10.302, but are used to qualify to hold an STCW certificate or endorsement for service on or after February 1, 2002, such training and assessment must meet the following requirements:
(1) The training and assessment must have written, clearly defined objectives that emphasize specific knowledge, skills, and abilities, and that include criteria to be used in establishing a student's successful achievement of the training objectives.
(2) The training must be set out in a written syllabus that conforms to a Coast Guard-accepted outline for such training and includes—
(i) The sequence of subjects to be covered;
(ii) The number of hours to be devoted to instruction in relevant areas of knowledge;
(iii) The identity and professional qualifications of the instructor(s) to be conducting the training or providing instruction;
(iv) The identification of other media or facilities to be used in conducting training; and
(v) Measurements at appropriate intervals of each candidate's progress toward acquisition of the specific knowledge, skills, and abilities stated in the training objectives.
(3) Except as provided in paragraph (a)(4) of this section, documentary evidence must be readily available to establish that all instructors—
(i) Have experience, training, or instruction in effective instructional techniques;
(ii) Are qualified in the task for which the training is being conducted; and
(iii) Hold the level of license, endorsement, or other professional credential required of those who would apply on board a vessel the relevant level of knowledge, skills, and abilities described in the training objectives.
(4) Neither a specialist in a particular field of nonmaritime education, such as mathematics or first aid, nor a person with at least 3 years of service as a member of the Armed Forces of the United States, specializing in the field in which he or she is to conduct training, need hold a maritime license or document to conduct training in that field.
(5) A simulator may be used in training if—
(i) The simulator meets applicable performance standards;
(ii) The instructor has gained practical operational experience on the particular type of simulator being used; and
(iii) The instructor has received appropriate guidance in instructional techniques involving the use of simulators.
(6) Essential equipment and instructional materials must afford all students adequate opportunity to participate in exercises and acquire practice in performing required skills.
(7) A process for routinely assessing the effectiveness of the instructors, including the use of confidential evaluations by students, is in place.
(8) Documentary evidence is readily available to establish that any evaluation of whether a student is competent in accordance with standards, methods, and criteria set out in part A of the STCW Code is conducted by a designated examiner who has experience, training, or instruction in assessment techniques.
(9) Records of the student's performance are maintained for at least 1 year by the offeror of the training and assessment.
(10) To ensure that the training is meeting its objectives, and the requirements of paragraphs (a)(1) through (9) of this section, the offeror must either—
(i) Be regulated as a maritime academy or marine academy pursuant to 46 CFR part 310; or
(ii) Monitor the training in accordance with a Coast Guard-accepted QSS, which must include the following features:
(A) The training must be provisionally certified, on the basis of an initial independent evaluation conducted under a Coast Guard-accepted QSS, as being capable of meeting its objective.
(B) The training must be periodically monitored in accordance with the schedule stipulated under the Coast Guard-accepted QSS.
(C) Each person conducting the initial evaluation or the subsequent periodic monitoring of the training shall be knowledgeable about the subjects being evaluated or monitored and about the national and international requirements that apply to the training, and shall not himself or herself be involved in the training and assessment of students.
(D) Each person evaluating or monitoring the training shall have access to all appropriate documents and facilities, and shall have opportunities both to observe all appropriate activities and to conduct confidential interviews when necessary.
(E) Arrangements must be such as to ensure that no person evaluating or monitoring the training is penalized or rewarded, directly or indirectly, by the sponsor of the training for making any particular observations or for reaching any particular conclusions.
(11) Each person conducting the initial evaluation under paragraph (a)(10)(ii)(A) of this section or the periodic monitoring of the training under paragraph (a)(10)(ii)(B) of this section shall communicate his or her conclusions to the Commanding Officer, National Maritime Center, NMC-4B, 4200 Wilson Boulevard, suite 510, Arlington, VA 22203-1804, within 1 month of the completion of the evaluation or the monitoring.
(12) Each offeror of the training shall let the Coast Guard or someone authorized by the Coast Guard observe the records of a student's performance and records otherwise relating to paragraphs (a)(1) through (10) of this section.
(b) The Coast Guard will maintain a list of training each of whose offerors submits a certificate, initially not less than 45 calendar days before offering training under this section, and annually thereafter, signed by the offeror or its authorized representatives, stating that the training fully complies with requirements of this section, and identifying the Coast Guard-accepted QSS being used for independent monitoring. Training programs on this list will offer the training necessary for licenses and STCW endorsements under this part. The Coast Guard will update this list periodically and make it available to members of the public on request.
(c) If the Coast Guard determines, on the basis of observations or conclusions either of its own or of someone authorized by it to monitor the training, that particular training does not satisfy one or more of the conditions described in paragraph (a) of this section—
(1) The Coast Guard will so notify the offeror of the training by letter, enclosing a report of the observations and conclusions;
(2) The offeror may, within a period specified in the notice, either appeal the observations or conclusions to the
(3) If the appeal is denied—or the deficiency is not corrected in the allotted time, or within any additional period judged by the Coast Guard to be appropriate, considering progress toward compliance—the Coast Guard will remove the training from the list maintained under paragraph (b) of this section until it can verify full compliance; and it may deny applications for licenses for STCW endorsement based in whole or in part on training not on the list, until additional training or assessment is documented.
(a) Any license issued for service as master or mate on ocean waters qualifies the licensee to serve in the same grade on any waters, subject to the limitations of the license, without additional endorsement.
(b) A license issued for service as master or mate on near coastal waters qualifies the licensee to serve in the same grade on near coastal, Great Lakes, and inland waters, subject to the limitations of the license, without additional endorsement.
(c) Near coastal licenses of any gross tons require the same number of years of service as the ocean unlimited licenses. The primary differences in these licenses are the nature of the service and the professional examination as explained in subpart I of this part.
(d) A licensee having a master or mate near coastal license obtained with ocean service may have the license endorsed for ocean service by completing the appropriate examination deficiencies, provided that the additional service requirements of paragraph (e) of this section do not apply.
(e) Master or third mate near coastal unlimited licenses may be obtained by completing the prescribed examination in subpart I of this part and satisfying the requirements of paragraph (g) while holding a license as unlimited master or mate, respectively, upon Great Lakes and inland waters. To have a near coastal unlimited license obtained in this manner endorsed for ocean service, the licensee must obtain 12 months of service as a deck watch officer or higher on ocean waters on vessels of 1600 gross tons or over, in addition to completing the examination topics.
(f) Masters and mates licenses for service on vessels of over 200 gross tons may be endorsed for sail or auxiliary sail as appropriate. The applicant must present the equivalent total qualifying service required for conventional licenses including at least one year of deck experience on that specific type of vessel. For example, for a license as master of vessels of not more than 1600 gross tons endorsed for auxiliary sail, the applicant must meet the total experience requirements for the conventional license, including time as mate, and the proper tonnage experience, including at least one year of deck service on appropriately sized auxiliary sail vessels. For license endorsement for service on vessels of 200 gross tons or less see individual license requirements.
(g) In order to obtain a master or mate license with a tonnage limit above 200 gross tons, or a license for 200 gross tons or less with an ocean route, whether an original, raise in grade, or increase in the scope of license authority to a higher tonnage category, the applicant must successfully complete the following training and examination requirements:
(1) Approved firefighting course;
(2) Approved radar observer course; and,
(3) Qualification as an able seaman unlimited or able seaman limited (able seaman special or able seaman offshore supply vessels satisfy the able seaman requirement for licenses permitting service on vessels of 1600 gross tons and less).
(h) Each applicant for a deck license which authorizes service on vessels above 1600 gross tons on ocean or near coastal waters, whether original or raise of grade, must pass a practical signaling examination (flashing light).
(a) To qualify for an ocean or near coastal license for vessels of any gross tons, all the required experience must be obtained on vessels of over 200 gross tons. At least one-half of the required experience must be obtained on vessels of over 1600 gross tons.
(b) If the applicant for an original or raise of grade of a license as master or mate does not have the service on vessels over 1600 gross tons required by paragraph (a) of this section, or is qualifying for third mate under the provisions of paragraph § 10.407(c) of this subpart, a tonnage limitation is placed on the license based on the applicant's qualifying experience. The license is limited to the maximum tonnage on which at least 25 percent of the required experience was obtained, or 150 percent of the maximum tonnage on which at least 50 percent of the service was obtained, whichever is higher. Limitations are in multiples of 1000 gross tons, using the next higher figure when an intermediate tonnage is calculated. When the calculated limitation equals or exceeds 10,000 gross tons, the applicant is issued an unlimited tonnage license.
(c) Tonnage limitations imposed under paragraph (b) of this section may be raised or removed in the following manner:
(1) When the applicant has six months of service on vessels of over 1600 gross tons in the highest grade licensed, all tonnage limitations are removed.
(2) When the applicant has a total of six months of service on vessels of over 1600 gross tons in any licensed capacity other than the highest grade for which licensed, all tonnage limitations for the grade in which the service is performed are removed and the next higher grade license is raised to the tonnage of the vessel on which the majority of the service was performed. The total cumulative service before and after issuance of the limited license may be considered in removing all tonnage limitations.
(3) When the applicant has 12 months of service as able seaman on vessels over 1600 gross tons while holding a license as third mate, all tonnage limitations on the third mate's license are removed.
(d) Individuals holding licenses as master or mate of vessels of not more than 1600 gross tons, not more than 500 gross tons, or not more than 25-200 gross tons are prohibited from using the provisions of paragraph (c) of this section to increase the tonnages of their licenses.
The following diagram illustrates the deck license structure, including cross over points. The section numbers on the diagram refer to the specific requirements applicable.
The minimum service required to qualify an applicant for license as master of ocean or near coastal steam or motor vessels of any gross tons is:
(a) One year of service as chief mate on ocean steam or motor vessels; or,
(b) One year of service on ocean steam or motor vessels while holding a license as chief mate of ocean steam or motor vessels as follows:
(1) A minimum of six months of service as chief mate; and,
(2) Service as officer in charge of a navigational watch accepted on a two-for-one basis (12 months as second or third mate equals six months of creditable service).
The minimum service required to qualify an applicant for license as chief mate of ocean or near coastal steam or motor vessels of any gross tons is one year of service as officer in charge of a navigational watch on ocean steam or motor vessels while holding a license as second mate.
The minimum service required to qualify an applicant for license as second mate of ocean or near coastal steam or motor vessels of any gross tons is:
(a) One year of service as officer in charge of a navigational watch on ocean steam or motor vessels while holding a license as third mate; or,
(b) While holding a license as third mate of ocean steam or motor vessels of any gross tons, 12 months of service on deck as follows:
(1) A minimum of six months service as officer in charge of a deck watch on ocean steam or motor vessels; in combination with,
(2) Service on ocean steam or motor vessels as boatswain, able seaman, or quartermaster while holding a certificate as able seaman, which may be accepted on a two-for-one basis to a maximum allowable substitution of six months (12 months of experience equals 6 months of creditable service); or,
(c) A licensed master of Great Lakes and inland steam or motor vessels of any gross tons or master of inland steam or motor vessels of any gross tons, may obtain a license as second mate of ocean or near coastal steam or motor vessels of any gross tons by completing the prescribed examination in subpart I of this part.
(a) The minimum service or training required to qualify an applicant for license as third mate of ocean or near coastal steam or motor vessels of any gross tons is:
(1) Three years of service in the deck department on ocean steam or motor vessels, six months of which shall have been as able seaman, boatswain, or quartermaster, while holding a certificate as able seaman. Experience gained in the engine department on vessels of appropriate tonnage may be creditable for up to three months of the service requirements for this license; or,
(2) Graduation from:
(i) The U.S. Merchant Marine Academy (deck curriculum);
(ii) The U.S. Coast Guard Academy and qualification as an underway officer in charge of a navigational watch;
(iii) The U.S. Naval Academy and qualification as an underway officer in charge of a navigational watch; or,
(iv) The deck class of a maritime academy approved by and conducted under rules prescribed by the Maritime Administrator and listed in part 310 of this title, including the ocean option program in the deck class of the Great Lakes Maritime Academy; or,
(3) Satisfactory completion of a three year apprentice mate training program approved by the Commandant.
(b) Graduation from the deck class of the Great Lakes Maritime Academy with no ocean sea service will qualify the graduate to be examined for a license as third mate near coastal steam or motor vessels of any gross tons.
(c) While holding a license as master of ocean or near coastal steam or motor vessels of not more than 1,600 gross tons, one year of service as master on vessels of over 200 gross tons operating on ocean or near coastal waters will qualify the applicant for a license as third mate of ocean or near coastal steam or motor vessels of any gross tons.
(a) Licenses as master and mate of vessels of not more than 1600 gross tons are issued in the following tonnage categories:
(1) Not more than 1,600 gross tons;
(2) Not more than 500 gross tons; or,
(3) Between 25-200 gross tons in 50 ton increments and with appropriate mode of propulsion such as steam or motor, sail, or auxiliary sail.
(b) Experience gained in the engine department on vessels of appropriate tonnage may be creditable for up to 25 percent of the service requirements for any mate license in this category.
(c) A license in this category obtained with an orally-assisted examination will be limited to 500 gross tons. In order to raise that tonnage limit to 1,600 gross tons, the written examination and service requirements must be satisfied.
The minimum service required to qualify an applicant for a license as master of ocean or near coastal steam or motor vessels of not more than 1600 gross tons is:
(a) Four years total service on ocean or near coastal waters. Service on Great Lakes and inland waters may substitute for up to two years of the required service. Two years of the required service must have been on vessels of over 100 gross tons. Two years of the required service must have been as a master, mate master or mate (pilot) of towing vessels, or equivalent supervisory position while holding a license as master, mate master or mate (pilot) of towing vessels. One year of the service as master, mate master or mate (pilot) of towing vessels, or equivalent supervisory position must have been on vessels of over 100 gross tons; or,
(b) An applicant holding a license as chief mate or second mate of ocean or near coastal steam or motor vessels of over 1600 gross tons is eligible for this license upon completion of a limited examination.
The minimum service required to qualify an applicant for a license as mate of ocean steam or motor vessels of not more than 1600 gross tons is:
(a) Three years total service in the deck department of ocean or near coastal steam or motor, sail, or auxiliary sail vessels. Service on Great Lakes and inland waters may substitute for up to 18 months of the required service. One year of the required service must have been on vessels of over 100 gross tons. One year of the required service must have been as a master, mate master or mate (pilot) of towing vessels, or equivalent supervisory position while holding a license as master, mate master or mate (pilot) of towing vessels. Six months of the required service as master, mate master or mate (pilot) of towing vessels, or equivalent supervisory position must have been on vessels of over 100 gross tons; or,
(b) Three years total service in the deck department on ocean or near coastal steam or motor, sail, or auxiliary sail vessels of over 200 gross tons. Six months of the required service must have been as able seaman.
The minimum service required to qualify an applicant for a license as mate of near coastal steam or motor vessels of not more than 1600 gross tons is two years total service in the deck department of ocean or near coastal steam or motor, sail, or auxiliary sail vessels. Service on Great Lakes and inland waters may substitute for up to one year of the required service. One year of the required service must have been on vessels of over 100 gross tons. Six months of the required service must have been as able seaman, boatswain, quartermaster, or equivalent position on vessels of over 100 gross tons while holding a certificate as able seaman.
The minimum service required to qualify an applicant for a license as master of ocean or near coastal steam or motor vessels of not more than 500 gross tons is:
(a) Three years total service on ocean or near coastal waters. Service on Great Lakes and inland waters may substitute for up to 18 months of the required service. Two years of the required service must have been as a master, mate, or equivalent supervisory position while holding a license as master, mate, or operator of uninspected passenger vessels. One year of the required service as master, mate, or equivalent supervisory position must have been on vessels of over 50 gross tons.
(b) The holder of a license as master or mate (pilot) of towing vessels authorizing service on oceans or near-coastal routes is eligible for a license as master of ocean or near-coastal steam or motor vessels of not more than 500 gross tons after both 1 year of service as master or mate of towing vessels on oceans or near-coastal routes and completion of a limited examination.
The minimum service required to qualify an applicant for a license as mate of ocean steam and motor vessels of not more than 500 gross tons is two years total service in the deck department of ocean or near coastal steam or motor, sail, or auxiliary sail vessels. Service on Great Lakes and inland waters may substitute for up to one year of the required service. One year of the required service must have been as a master, mate, or equivalent supervisory position while holding a license as master, mate, or operator of uninspected passenger vessels. Six months of the required service as master, mate, or equivalent supervisory position must have been on vessels of over 50 gross tons.
The minimum service required to qualify an applicant for a license as mate of near coastal steam or motor vessels of not more than 500 gross tons is two years total service in the deck department of ocean or near coastal steam or motor, sail, or auxiliary sail vessels. Service on Great Lakes and inland waters may substitute for up to one year of the required service. One year of the required service must have been on vessels of over 50 gross tons. Three months of the required service must have been as able seaman, boatswain, quartermaster, or equivalent position on vessels of over 50 gross tons while holding a certificate as able seaman.
(a) Except as noted in paragraph (e), all licenses issued for master or mate of vessels of not more than 200 gross tons are issued in 50 gross ton increments based on the applicant's qualifying experience. The license is limited to the maximum tonnage on which at least 25 percent of the required experience was obtained, or 150 percent of the maximum tonnage on which at least 50 percent of the service was obtained, whichever is higher. Limitations are in multiples of 50 gross tons using the next higher figure when an intermediate tonnage is calculated.
(b) The tonnage limitation on these licenses may be raised upon completion of:
(1) At least 45 days of additional service on deck on a vessel of a higher tonnage for a tonnage increase on a mate's license; or,
(2) At least 90 days of additional service on deck on a vessel of a higher tonnage for a tonnage increase on a master's license; or,
(3) Additional service, which, when combined with all previously accumulated service, will qualify the applicant for a higher tonnage license under the basic formula; or,
(4) Six months additional service in the deck department on vessels within the highest tonnage increment on the license. In this case, the tonnage limitation may be raised one increment.
(c) When the service is obtained on vessels upon which licensed personnel are not required, the OCMI must be satisfied that the nature of this qualifying service (i.e., size of vessel, route, equipment, etc.) is a reasonable equivalent to the duties performed on vessels which are required to engage licensed individuals.
(d) Service gained in the engineroom on vessels of not more than 200 gross tons may be creditable for up to 25 percent of the deck service requirements for mate.
(e) When the qualifying service is obtained upon vessels of five gross tons or less, the license will be limited to vessels of not more than 25 gross tons.
(a) The minimum service required to qualify an applicant for a license as master of ocean steam or motor vessels of not more than 200 gross tons is:
(1) Three years total service on ocean or near coastal waters. Service on Great Lakes and inland waters may substitute for up to 18 months of the required service. Two years of the required service must have been as master, mate, or equivalent supervisory position while holding a license as master, as mate, or as operator of uninspected passenger vessels; or,
(2) Two years total service as a licensed master or mate of ocean or near-coastal towing vessels. Completion of a limited examination is also required.
(b) In order to obtain an endorsement on this license for sail or auxiliary sail vessels, the applicant must submit evidence of 12 months of service on sail or auxiliary sail vessels. The required 12 months of service may have been obtained prior to issuance of the master's license.
(c) In addition to any required examination, the applicant must comply with the requirements listed in § 10.401(g) of this subpart.
(a) The minimum service required to qualify an applicant for a license as master of near coastal steam or motor vessels of not more than 200 gross tons is:
(1) Two years total service on ocean or near coastal waters. Service on Great Lakes and inland waters may substitute for up to one year of the required service. One year of the required service must have been as a master,
(2) One year of total service as licensed master or mate of towing vessels on oceans or near-coastal routes. Completion of a limited examination is also required.
(b) In order to obtain an endorsement on this license for sail or auxiliary sail vessels, the applicant must submit evidence of 12 months of service on sail or auxiliary sail vessels. The required 12 months of service may have been obtained prior to issuance of the master's license.
(a) The minimum service required to qualify an applicant for license as mate of near coastal steam or motor vessels of not more than 200 gross tons is:
(1) Twelve months total service in the deck department of ocean or near coastal steam or motor, sail, or auxiliary sail vessels. Service on Great Lakes and inland waters may substitute for up to six months of the required service; or,
(2) Three months of service in the deck department of steam or motor vessels operating on ocean, near coastal, Great Lakes or inland waters while holding a license as master of inland steam or motor, sail or auxiliary sail vessels of not more than 200 gross tons.
(b) The holder of a license as operator of uninspected passenger vessels with a near coastal route endorsement may obtain this license by successfully completing an examination on rules and regulations for small passenger vessels.
(c) In order to obtain an endorsement on this license for sail or auxiliary sail vessels, the applicant must submit evidence of six months of deck service on sail or auxiliary sail vessels.
(d) A license as master of near coastal steam or motor vessels may be endorsed as mate of sail or auxiliary sail vessels upon presentation of three months of service on sail or auxiliary sail vessels.
(e) In order to obtain a tonnage endorsement of over 100 gross tons, the applicant must complete the additional examination topics indicated in subpart I of this part.
(a) The minimum service required to qualify an applicant for a license as master of near coastal steam or motor vessels of not more than 100 gross tons is two years total service in the deck department of steam or motor, sail, or auxiliary sail vessels on ocean or near coastal waters. Service on Great Lakes and inland waters may substitute for up to one year of the required service.
(b) In order to obtain an endorsement on this license for sail or auxiliary sail vessels, the applicant must submit evidence of 12 months of service on sail or auxiliary sail vessels. The required 12 months of service may have been obtained prior to issuance of the license.
(a) Limited masters' licenses for near coastal vessels of not more than 100 gross tons may be issued to applicants to be employed by organizations such as yacht clubs, marinas, formal camps and educational institutions. A license issued under this section is limited to the specific activity and the locality of the yacht club, marina or camp. In order to obtain this restricted license, an applicant must:
(1) Have four months of service on any waters in the operation of the type of vessel for which the license is requested;
(2) Satisfactorily complete a safe boating course approved by the National Association of State Boating Law Administrators, or a safe boating course conducted by the U.S. Power Squadron or the American Red Cross,
(3) Pass a limited examination appropriate for the activity to be conducted and the route authorized.
(b) The first aid and cardiopulmonary resuscitation (CPR) course certificates required by § 10.205(h) of this part will only be required when, in the opinion of the OCMI, the geographic area over which service is authorized precludes obtaining medical services within a reasonable time.
(c) In order to obtain an endorsement on this license for sail or auxiliary sail vessels, the applicant must submit evidence of four months of service on sail or auxiliary sail vessels. The required four months of service may have been obtained prior to issuance of the license.
Any license issued for service on the Great Lakes and inland waters is valid on all of the inland waters of the United States as defined in this part. Any license issued for service on inland waters is valid for the inland waters of the United States, excluding the Great Lakes. Licenses with either a Great Lakes and inland or an inland route are valid for service on the sheltered waters of the Inside Passage between Puget Sound and Cape Spencer, Alaska. As these licenses authorize service on waters seaward of the International Regulations for Preventing Collisions at Sea (COLREGS) demarcation line as defined in 33 CFR part 80, the applicant must complete an examination on the COLREGS or the license must be endorsed with an exclusion from such waters.
(a) All required experience for Great Lakes and inland unlimited licenses must be obtained on vessels of over 200 gross tons. At least one-half of the required experience must be obtained on vessels of 1600 gross tons or over.
(b) Tonnage limitations may be imposed on these licenses in accordance with § 10.402 (b) and (c).
The minimum service required to qualify an applicant for license as master of Great Lakes and inland steam or motor vessels of any gross tons is:
(a) One year of service as mate or first class pilot while acting in the capacity of first mate of Great Lakes steam or motor vessels of more than 1600 gross tons; or,
(b) Two years of service as master of inland (excluding the Great Lakes) steam or motor vessels of more than 1600 gross tons; or,
(c) One year of service upon Great Lakes waters while holding a license as mate or first class pilot of Great Lakes and inland steam or motor vessels of more than 1600 gross tons. A minimum of six months of this service must have been in the capacity of first mate. Service as second mate is accepted for the remainder on a two-for-one basis to a maximum of six months (12 months of service equals six months of creditable service).
The minimum service required to qualify an applicant for license as master of inland (excluding the Great Lakes) steam or motor vessels of any gross tons is:
(a) One year of service as first class pilot (of other than canal and small lakes routes) or mate of Great Lakes or inland steam or motor vessels of more than 1,600 gross tons; or,
(b) Two years of service as wheelsman or quartermaster while holding a mate/first class pilot license.
(a) The minimum service required to qualify an applicant for license as mate of Great Lakes and inland steam or motor vessels of any gross tons is:
(1) Three years of service in the deck department of steam or motor vessels, at least three months of which must have been on vessels on inland waters and at least six months of which must have been as able seaman, inland mate, boatswain, wheelsman, quartermaster, or equivalent position;
(2) Graduation from the deck class of the Great Lakes Maritime Academy; or,
(3) While holding a license as master of Great Lakes and inland steam or motor vessels of not more than 1600 gross tons, one year service as master on vessels of over 200 gross tons.
(b) Service gained in the engine department on vessels of appropriate tonnage may be creditable for up to six months of the service requirements under paragraph (a)(1) of this section.
The minimum service required to qualify an applicant for a license as master of Great Lakes and inland steam or motor vessels of not more than 1600 gross tons is:
(a) Three years total service on vessels. Eighteen months of the required service must have been on vessels of over 100 gross tons. One year of the required service must have been as a master, mate, or equivalent supervisory position on vessels of over 100 gross tons while holding a license as master, as mate, or as master of towing vessels; or,
(b) Six months of service as operator on vessels of over 100 gross tons while holding a license as master of towing vessels.
The minimum service required to qualify an applicant for license as mate of Great Lakes and inland steam or motor vessels of not more than 1600 gross tons is:
(a) Two years total service in the deck department of steam or motor, sail, or auxiliary sail vessels. One year of the required service must have been on vessels of over 100 gross tons. Six months of the required service must have been as able seaman, boatswain, quartermaster, or equivalent position on vessels of over 100 gross tons while holding a certificate as able seaman; or,
(b) One year total service as master of steam or motor, sail, or auxiliary sail vessels, or operator of uninspected passenger vessels, of over 50 gross tons while holding a license as master steam or motor, sail, or auxiliary sail vessels of not more than 200 gross tons or operator of uninspected passenger vessels; or,
(c) Six months total service as mate (pilot) of towing vessels on vessels of over 100 gross tons.
The minimum service required to qualify an applicant for a license as master of Great Lakes and inland steam or motor vessels of not more than 500 gross tons is:
(a) Three years total service on vessels. One year of the required service must have been as a master, mate, or equivalent supervisory position on vessels of over 50 gross tons while holding a license as master, as mate, or as operator of uninspected passenger vessels.
(b) An applicant holding a license as master of ocean, near coastal, or Great Lakes and inland towing vessels is eligible for this license after six months of service as master of towing vessels and completion of a limited examination. This requires three and one-half years of service. Two years of this service must have been served while holding a license as master or mate (pilot) of towing vessels, or mate.
The minimum service required to qualify an applicant for a license as mate of Great Lakes and inland steam or motor vessels of not more than 500 gross tons is two years total service in the deck department of steam or motor, sail, or auxiliary sail vessels. One year of the required service must have been on vessels of over 50 gross tons. Three months of the required service must have been as able seaman, boatswain, quartermaster, or equivalent position on vessels of over 50 gross tons while holding a certificate as able seaman.
(a) Except as noted in subparagraph (d), all licenses issued for master or mate of vessels of not more than 200 gross tons are issued in 50 ton increments based on the applicants qualifying experience in accordance with the provisions of § 10.422. See the tonnage and qualifying service discussion in § 10.422 for further clarification.
(b) Service gained in the engineroom on vessels of not more than 200 gross tons may be creditable for up to 25 percent of the deck service requirements for mate.
(c) When the service is obtained on vessels upon which licensed personnel are not required, the OCMI must be satisfied that the nature of this qualifying service (i.e., size of vessel, route, equipment, etc.) is a reasonable equivalent to the duties performed on vessels which are required to engage licensed individuals.
(d) When the qualifying service is obtained upon vessels of five gross tons or less, the license will be limited to vessels of not more than 25 gross tons.
(a) The minimum service required to qualify an applicant for a license as master of Great Lakes and inland steam or motor vessels of not more than 200 gross tons is one year of service on vessels. Six months of the required service must have been as master, mate, or equivalent supervisory position while holding a license as master, mate, master or mate (pilot) of towing vessels, or operator of uninspected passenger vessels. To obtain authority to serve on the Great Lakes, three months of the required service must have been on Great Lakes waters, otherwise the license will be limited to the inland waters of the United States (excluding the Great Lakes).
(b) In order to obtain an endorsement on this license for sail or auxiliary sail vessels, the applicant must have six months of service on sail or auxiliary sail vessels. The required six months of service may have been obtained prior to issuance of the master's license.
(a) The minimum service required to qualify an applicant for a license as mate of Great Lakes and inland steam or motor vessels of not more than 200 gross tons is six months of service in the deck department of steam or motor, sail, or auxiliary sail vessels. To obtain authority to serve on the Great Lakes, three months of the required service must have been on Great Lakes waters, otherwise the license will be limited to the inland waters of the United States (excluding the Great Lakes).
(b) In order to obtain an endorsement on this license for sail or auxiliary sail
(c) A license as master of steam or motor vessels may be endorsed as mate of sail or auxiliary sail vessels upon presentation of three months service on sail or auxiliary sail vessels.
(d) The holder of a license as operator of inland uninspected passenger vessels may obtain this license by successfully completing an examination on rules and regulations for small passenger vessels. To obtain authority to serve on the Great Lakes, three months of the required service must have been on Great Lakes waters, otherwise the license will be limited to the inland waters of the United States (excluding the Great Lakes).
(e) In order to obtain a tonnage endorsement of over 100 gross tons, the applicant must complete the additional examination topics indicated in subpart I of this part.
(a) The minimum service required to qualify an applicant for a license as master of Great Lakes and inland steam or motor vessels of not more than 100 gross tons is one year of total service in the deck department of steam or motor, sail, or auxiliary sail vessels. To obtain authority to serve on the Great Lakes, three months of the required service must have been on Great Lakes waters, otherwise the license will be limited to the inland waters of the United States (excluding the Great Lakes).
(b) In order to obtain an endorsement on this license for sail or auxiliary sail vessels, the applicant must submit evidence of six months of service on sail or auxiliary sail vessels. The required six months of service may have been obtained prior to issuance of the license.
Limited masters' licenses for vessels of not more than 100 gross tons upon Great Lakes and inland waters may be issued to applicants to be employed by organizations such as formal camps, educational institutions, yacht clubs, and marinas with reduced service requirements. A license issued under this paragraph is limited to the specific activity and the locality of the camp, yacht club or marina. In order to obtain this restricted license, an applicant must:
(a) Have four months of service in the operation of the type of vessel for which the license is requested; and,
(b) Satisfactorily complete a safe boating course approved by the National Association of State Boating Law Administrators, a public education course conducted by the U.S. Power Squadron or the American Red Cross, or a Coast Guard approved course. This course must have been completed within five years before the date of application; and,
(c) Pass a limited examination appropriate for the activity to be conducted and the route authorized.
(d) The first aid and cardiopulmonary resuscitation (CPR) course certificates required by § 10.205(h) of this part will only be required when, in the opinion of the OCMI, the geographic area over which service is authorized precludes obtaining medical services within a reasonable time.
(a) An applicant for a license as master of inland steam or motor vessels of not more than 100 gross tons must present one year of service on any waters. In order to raise the tonnage limitation over 100 gross tons, the examination topics indicated in subpart I of this part must be completed in addition to satisfying the experience requirements of § 10.452(a).
(b) In order to obtain an endorsement on this license for sail or auxiliary sail vessels, the applicant must submit evidence of six months of service on sail or auxiliary sail vessels. The required six months of service may have been obtained prior to issuance of the license.
(a) An applicant for a license as master of river steam or motor vessels of any gross tons must meet the same service requirements as master of inland steam or motor vessels of any gross tons.
(b) An applicant for a license as master or mate of river steam or motor vessels, with a limitation of 25-1600 gross tons, must meet the same service requirements as those required by this subpart for the corresponding tonnage Great Lakes and inland steam or motor license. Service on the Great Lakes is not, however, required.
(a) This section applies to licenses for masters and mates of all vessels, however propelled, navigating the high seas, which are documented to engage in the fishing industry, with the exception of:
(1) Wooden ships of primitive build;
(2) Unrigged vessels; and,
(3) Vessels of less than 200 gross tons.
(b) Licenses as master or mate of uninspected fishing industry vessels are issued for either ocean or near coastal routes, depending on the examination completed. To qualify for an uninspected fishing industry vessel license, the applicant must satisfy the training and examination requirements of § 10.401(g) of this subpart.
(c) An applicant for a license as master of uninspected fishing industry vessels must have four years of total service on ocean or near coastal routes. Service on Great Lakes or inland waters may substitute for up to two years of the required service. One year of the required service must have been as licensed master, as unlicensed master, or as licensed mate or equivalent supervisory position while holding a license as master, mate, master or mate (pilot) of towing vessels, or operator of uninspected passenger vessels.
(1) To qualify for a license of not more than 500 gross tons, at least two years of the required service, including the one year as master, mate or equivalent, must have been on vessels of over 50 gross tons.
(2) To qualify for a license of not more than 1600 gross tons, at least two years of the required service, including the one year as master, mate or equivalent, must have been on vessels of over 100 gross tons.
(3) To qualify for a license of over 1600 gross tons, but not more than 5000 gross tons, the vessel tonnage upon which the four years of required service was obtained will be used to compute the tonnage. The license is limited to the maximum tonnage on which at least 25 percent of the required service was obtained, or 150 percent of the maximum tonnage on which at least 50 percent of the service was obtained, whichever is higher. Limitations are in multiples of 1000 gross tons, using the next higher figure when an intermediate tonnage is calculated. A license as master of uninspected fishing industry vessels authorizing service on vessels over 1600 gross tons also requires one year as master, mate or equivalent on vessels over 100 gross tons.
(4) The tonnage limitation on this license may be raised using one of the following methods, but cannot exceed 5000 gross tons. Limitations are in multiples of 1000 gross tons, using the next higher figure when an intermediate tonnage is calculated.
(i) Three months service as master on a vessel results in a limitation in that capacity equal to the tonnage of that vessel rounded up to the next multiple of 1000 gross tons;
(ii) Six months service as master on a vessel results in a limitation in that capacity equal to 150% of the tonnage of that vessel;
(iii) Six months service as master on vessels over 1600 gross tons results in
(iv) Six months service as mate on vessels over 1600 gross tons results in raising the limitation for master to the tonnage on which at least 50 percent of the service was obtained;
(v) Two years service as a deckhand on a vessel while holding a license as master results in a limitation on the master's license equal to 150% of the tonnage of that vessel up to 5000 gross tons; or,
(vi) One year of service as deckhand on a vessel while holding a license as master results in a limitation on the master's license equal to the tonnage of that vessel.
(d) An applicant for a license as mate of uninspected fishing industry vessels must have three years of total service on ocean or near coastal routes. Service on Great Lakes or inland waters may substitute for up to 18 months of the required service.
(1) To qualify for a license of not more than 500 gross tons, at least one year of the required service must have been on vessels of over 50 gross tons.
(2) To qualify for a license of not more than 1600 gross tons, at least one year of the required service must have been on vessels of over 100 gross tons.
(3) To qualify for a license of over 1600 gross tons, but not more than 5000 gross tons, the vessel tonnage upon which the three years of required service was obtained will be used to compute the tonnage. The license is limited to the maximum tonnage on which at least 25 percent of the required service was obtained, or 150 percent of the maximum tonnage on which at least 50 percent of the service was obtained, whichever is higher. Limitations are in multiples of 1000 gross tons, using the next higher figure when an intermediate tonnage is calculated.
(4) The tonnage limitation on this license may be raised using one of the following methods, but cannot exceed 5000 gross tons. Limitations are in multiples of 1000 gross tons, using the next higher figure when an intermediate tonnage is calculated.
(i) Three months service as mate on a vessel results in a limitation in that capacity equal to the tonnage of that vessel rounded up to the next multiple of 1000 gross tons;
(ii) Six months service as mate on a vessel results in a limitation in that capacity equal to 150% of the tonnage of that vessel;
(iii) Six months service as mate on vessels over 1600 gross tons results in raising the limitation to 5000 gross tons;
(iv) One year of service as deckhand on vessels over 1600 gross tons while holding a license as mate, results in raising the limitation on the mate's license to 5000 gross tons;
(v) Two years service as a deckhand on a vessel while holding a license as mate results in a limitation on the mate's license equal to 150% of the tonnage of that vessel up to 5000 gross tons; or,
(vi) One year of service as deckhand on a vessel while holding a license as mate results in a limitation on the mate's license equal to the tonnage of that vessel.
(e) Applicants may request an oral examination on the subjects listed in subpart I of this part.
(a) The Coast Guard issues the following licenses:
(1) Master of towing vessels.
(2) Master of towing vessels, limited.
(3) Mate (pilot) of towing vessels.
(4) Mate (pilot) of towing vessels, limited.
(5) Apprentice mate (steersman).
(6) Apprentice mate (steersman), limited.
(b) A license as master of towing vessels means a license to operate towing vessels not restricted to local areas designated by OCMIs. This also applies to a mate (pilot) of towing vessels.
(c) For this section,
(a) If you would like to obtain a license as master of towing vessels endorsed with a route listed in column 1 of Table 10.464-1, then you must complete the service requirements indicated in columns 2 through 5. You may serve on the subordinate routes listed in column 6, without further endorsement.
(b) If you would like to obtain a license as master of towing vessels (limited), then you must complete the requirements listed in columns 2 through 5 of Table 10.464-2.
(c) If you hold a license as mate (pilot) of towing vessels, you may have master of towing vessels (limited) added to your license for a limited local area within the scope of your current route.
(d) Before you serve as master of towing vessels on the Western rivers, you must possess 90 days of observation and training and have your license endorsed for Western Rivers.
(e) Each company must maintain evidence that every vessel it operates is under the direction and control of a licensed mariner with appropriate experience, including 30 days of observation and training on the intended route other than Western Rivers.
(f) If you hold a license as a master of inspected, self-propelled vessels of greater than 200 gross register tons, you may operate towing vessels within any restrictions on your license if you—
(1) Have 30 days of training and observation on towing vessels for the route being assessed, except as noted in paragraph (e) of this section; and
(2) Either—
(i) Hold a completed Towing Officer's Assessment Record (TOAR) described in § 10.304(h) that shows evidence of assessment of practical demonstration of skills; or
(ii) Complete an approved training course.
(3) Your license does not need a towing endorsement if you hold a TOAR or complete a TOAR.
(g) If you began your service or training in the towing industry before May 21, 2001, you may receive a license as master of towing vessels if before May 21, 2004, you complete the examination required by 46 CFR 10.903(a)(18)(i) and meet either of the following two requirements:
(1) Three years of service, including—
(i) Two years on deck aboard a vessel 8 meters (26 feet) or more in length;
(ii) One year on deck aboard a towing vessel, with at least 6 months of training or duty in the wheelhouse of the towing vessel; and
(iii) Three months in each particular geographic area for which you are seeking authority; or
(2) Three years of service aboard towing vessels, including—
(i) One year on deck, with at least 6 months of training or duty in the wheelhouse of the towing vessel; and
(ii) Three months in each particular geographic area for which you are seeking authority.
Your license does not need a towing endorsement if you hold a TOAR or a course completion certificate.
(a) If you would like to obtain a license as mate (pilot) of towing vessels endorsed with a route listed in column 1 of Table 10.465-1, then you must complete the service in columns 2 through 5. If you hold a license as master of towing vessels (limited) and would like to upgrade it to mate (pilot) of towing vessels, then you must complete the service in columns 5 and 6. If you hold a license as mate (pilot) of towing vessels (limited) and would like to upgrade it to mate (pilot) of towing vessels, then you must complete the service in columns 2 through 5 and pass a limited examination. A license with a route endorsed in column 1 authorizes service on the subordinate routes listed in column 7, without further endorsement.
(b) Before you serve as mate (pilot) of towing vessels on the Western Rivers, you must possess 90 days of observation and training and have your license endorsed for Western Rivers.
(c) Each company must maintain evidence that every vessel it operates is
(d) If you hold a license as a mate of inspected, self-propelled vessels of greater than 200 gross register tons or one as first-class pilot, then you may operate towing vessels within any restrictions on your license if you—
(1) Have 30 days of training and observation on towing vessels for the route being assessed, except as noted in paragraph (b) of this section; and
(2) Hold a completed Towing Officer's Assessment Record (TOAR) described in § 10.304(h) that shows evidence of assessment of practical demonstration of skills.
Your license does not need a towing endorsement if you hold a TOAR or a course completion certificate.
(e) An approved training course for mate (pilot) of towing vessels must include formal instruction and practical demonstration of proficiency either on board a towing vessel or at a shoreside training facility before a designated examiner, and must cover the material (dependent upon route) required by § 10.910-2 for apprentice mate (steersman), towing vessels on ocean and near coastal routes; apprentice mate (steersman), towing vessels on Great Lakes and inland routes; or, steersman, towing vessels on Western Rivers routes.
(f) If you began your service or training before May 21, 2001, you may receive a license as mate of towing vessels if before November 21, 2003, you complete the examination required by § 10.903(a)(18)(i) and meet the requirements in either paragraph (f)(1)(i) or (f)(1)(ii) of this section:
(1) You must have served at least 18 months on deck, including 12 months on towing vessels. This service must have included—
(i) At least 3 months of training or duty in the wheelhouse of towing vessels, and 3 months of service in each particular geographic area for which you seek endorsement on the license; and
(ii) At least 6 months on towing vessels while holding a merchant mariner's document endorsed as able seaman unlimited, able seaman limited, or able seaman special, including 3 months in each particular geographic area for which you seek an endorsement; and either—
(A) Two months of training or duty in the wheelhouse; or
(B) One month of training or duty in the wheelhouse combined with completion of a course of training as towboat operator approved by the Commanding Officer, National Maritime Center, under subpart C of this part.
(a) As Table 10.466-1 shows, if you would like to obtain a license as apprentice mate (steersman) of towing vessels listed in column 1, endorsed with a route listed in column 2, then you must complete the service requirements indicated in columns 3 through 6.
(b) If you hold a license as apprentice mate (steersman) of towing vessels you may obtain a restricted endorsement as limited apprentice mate (steersman). This endorsement will go on your license after you pass an examination for a route that is not included in the current endorsements and on
(a) This section applies to all applicants for the license to operate an uninspected vessel of less than 100 gross tons, equipped with propulsion machinery of any type, carrying six or less passengers.
(b) Operator of uninspected passenger vessels licenses issued for ocean waters will be limited to near coastal waters not more than 100 miles offshore. Licenses issued for inland waters will include all inland waters, except Great Lakes. Licenses may be issued for a particular local area under paragraph (f) of this section.
(c) For a license as operator of an uninspected passenger vessel with a near coastal endorsement, an applicant must have a minimum of 12 months experience in the operation of vessels, including at least three months service on vessels operating on ocean or near coastal waters.
(d) For a license as operator of an uninspected passenger vessel with a Great Lakes and inland waters endorsement, an applicant must have 12 months service on Great Lakes or inland waters, including at least three months service operating vessels on Great Lakes waters.
(e) For a license as operator of an uninspected passenger vessel with an inland endorsement, an applicant must have a minimum of 12 months experience in the operation of vessels.
(f) An operator of uninspected passenger vessels license, limited on its face to undocumented vessels, may be issued to a person who is not a citizen of the United States.
(g) Limited operator of uninspected passenger vessel licenses may be issued to applicants to be employed by organizations such as formal camps, yacht clubs, educational institutions, and marinas. A license issued under this paragraph will be limited to the specific activity and the locality of the camp, yacht club, or marina. In order to obtain this restricted license, an applicant must:
(1) Have three months service in the operation of the type of vessel for which the license is requested; and,
(2) Satisfactorily complete a safe boating course approved by the National Association of State Boating Law Administrators, or those public education courses conducted by the U.S. Power Squadron or the American National Red Cross or a Coast Guard approved course; and,
(3) Pass a limited examination appropriate for the activity to be conducted and the route authorized.
(4) The first aid and cardiopulmonary resuscitation (CPR) course certificates required by § 10.205(h) of this part will only be required when, in the opinion of the OCMI, the geographic area over which service is authorized precludes obtaining medical services within a reasonable time.
(h) An applicant for a license as operator of uninspected passenger vessels who intends to serve only in the vicinity of Puerto Rico, and who speaks Spanish only, may be issued a license restricted to the navigable waters of the United States in the vicinity of Puerto Rico.
Licenses for service on mobile offshore drilling units (MODUs) authorize service on units of any gross tons upon ocean waters while on location or while underway, as restricted on the license, except when moving independently under their own power.
(a) Licenses as offshore installation manager (OIM) are endorsed as:
(1) OIM Unrestricted;
(2) OIM Surface Units on Location;
(3) OIM Surface Units Underway;
(4) OIM Bottom Bearing Units on Location; or
(5) OIM Bottom Bearing Units Underway.
(b) To qualify for a license or endorsement as OIM Unrestricted, an applicant must:
(1) Present evidence of the following experience:
(i) Four years of employment assigned to MODUs including at least one year of service as driller, assistant driller, toolpusher, assistant toolpusher, barge supervisor, mechanical supervisor, electrician, crane operator, ballast control operator or equivalent supervisory position on MODUs, with a minimum of 14 days of that supervisory service on surface units; or
(ii) A degree from a program in engineering or engineering technology which is accredited by the Accreditation Board for Engineering and Technology (ABET). Commanding Officer, National Maritime Center will give consideration to accepting education credentials from programs having other than ABET accreditation. An applicant qualifying through a degree program must also have at least 168 days of service as driller, assistant driller, toolpusher, assistant toolpusher, barge supervisor, mechanical supervisor, electrician, crane operator, ballast control operator, or equivalent supervisory position on MODUs, with a minimum of 14 days of that supervisory service on surface units;
(2) Present evidence of training course completion as follows:
(i) A certificate from a Coast Guard approved stability course approved for an OIM Unrestricted license or endorsement;
(ii) A certificate from a Coast Guard approved survival suit and survival craft training course;
(iii) A certificate from a U.S. Minerals Management Service approved blowout prevention and well control training program for the driller, toolpusher, or operator representative position;
(iv) A certificate from a firefighting training course as required by § 10.205(g) of this part; and
(3) Provide a recommendation signed by a senior company official which:
(i) Provides a description of the applicant's experience and qualifications;
(ii) Certifies that the individual has successfully directed, while under the supervision of an experienced rig mover, two rig moves each of surface units and of bottom bearing units; and
(iii) Certifies that one of the rig moves required under paragraph (b)(3)(ii) of this section was completed within one year preceding date of application.
(c) An applicant for an endorsement as OIM Unrestricted who holds an unlimited license as master or chief mate must satisfy the requirements in paragraphs (b)(2) and (b)(3) of this section and have at least 84 days of service on surface units and at least 28 days of service on bottom bearing units.
(d) To qualify for a license or endorsement as OIM Surface Units on Location, and applicant must:
(1) Present evidence of the following experience:
(i) Four years of employment assigned to MODUs including at least one year of service as driller, assistant driller, toolpusher, assistant toolpusher, barge supervisor, mechanical supervisor, electrician, crane operator, ballast control operator or equivalent supervisory position on MODUs, with a minimum of 14 days of that supervisory service on surface units; or
(ii) A degree from a program in engineering or engineering technology which is accredited by the Accreditation Board for Engineering and Technology (ABET). Commanding Officer, National Maritime Center will give consideration to accepting education credentials from programs having other than ABET accreditation. An applicant qualifying through a degree program must also have at least 168 days of service as driller, assistant driller, toolpusher, assistant toolpusher, barge supervisor, mechanical supervisor, electrician, crane operator, ballast control operator or equivalent supervisory position of MODUs,
(2) Present evidence of training course completion as follows:
(i) A certificate from a Coast Guard approved stability course approved for an OIM Surface Units license or endorsement;
(ii) A certificate from a Coast Guard approved survival suit and survival craft training course;
(iii) A certificate from a U.S. Minerals Management Service approved blowout prevention and well control training program for the driller, toolpusher, or operator representative position; and
(iv) A certificate from a firefighting training course as required by § 10.205(g) of this part.
(e) An applicant for an endorsement as OIM Surface Units on Location who holds an unlimited license as master or chief mate must satisfy the requirements of paragraph (d)(2) of this section and have at least 84 days of service on surface units.
(f) To qualify for a license as OIM Surface Units Underway, an applicant must:
(1) Provide the following:
(i) Evidence of the experience described in paragraph (d)(1) of this section and a recommendation signed by a senior company official which:
(A) Provides a description of the applicant's experience and qualifications;
(B) Certifies that the individual has successfully directed, while under the supervision of an experienced rig mover, three rig moves of surface units; and
(C) Certifies that one of the rig moves required under paragraph (f)(1)(i)(B) of this section was completed within one year preceding date of application; or
(ii) A recommendation signed by a senior company official which:
(A) Provides a description of the applicant's experience and company qualifications program completed;
(B) Certifies that the applicant has witnessed ten rig moves either as an observer in training or as a rig mover under supervision;
(C) Certifies that the individual has successfully directed, while under the supervision of an experienced rig mover, five rig moves of surface units; and
(D) Certifies that one of the rig moves required under paragraph (f)(1)(ii)(C) of this section was completed within one year preceding date of application; and
(2) Present evidence of training course completion as follows:
(i) A certificate from a Coast Guard approved stability course approved for an OIM Surface Units license or endorsement;
(ii) A certificate from a Coast Guard approved survival suit and survival craft training course; and
(iii) A certificate from a firefighting training course as required by § 10.205(g) of this part.
(g) An applicant for endorsement as OIM Surface Units Underway who holds an unlimited license as master or chief mate must satisfy the requirements in paragraph (f)(2) of this section and provide a company recommendation signed by a senior company official which:
(1) Provides a description of the applicant's experience and qualifications;
(2) Certifies that the individual has successfully directed, while under the supervision of an experienced rig mover, three rig moves on surface units; and
(3) Certifies that one of the rig moves required under paragraph (g)(2) of this section was completed within one year preceding date of application.
(h) To qualify for a license or endorsement as OIM Bottom Bearing Units on Location, an applicant must:
(1) Present evidence of the following experience:
(i) Four years of employment assigned to MODUs including at least one year of service as driller, assistant driller, toolpusher, assistant toolpusher, barge supervisor, mechanical supervisor, electrician, crane operator, ballast control operator or equivalent supervisory position on MODUs; or
(ii) A degree from a program in engineering or engineering technology which is accredited by the Accreditation Board for Engineering and Technology (ABET). Commanding Officer, National Maritime Center will give consideration to accepting education
(2) Present evidence of training course completion as follows:
(i) A certificate from a Coast Guard approved survival suit and survival craft training course;
(ii) A certificate from a U.S. Minerals Management Service approved blowout prevention and well control training program for the driller, toolpusher, or operator representative position; and
(iii) A certificate from a firefighting training course as required by § 10.205(g) of this part.
(i) An applicant for an endorsement as OIM Bottom Bearing Units on Location who holds an unlimited license as master or chief mate must satisfy paragraph (h)(2) of this section and have at least 28 days of service on bottom bearing units.
(j) To qualify for a license or endorsement as OIM Bottom Bearing Units Underway, an applicant must:
(1) Provide the following:
(i) Evidence of the experience described in paragraph (h)(1) of this section with a recommendation signed by a senior company official which:
(A) Provides a description of the applicant's experience and qualifications;
(B) Certifies that the individual has successfully directed, while under the supervision of an experienced rig mover, three rig moves of bottom bearing units; and
(C) Certifies that one of the rig moves required under paragraph (j)(1)(i)(B) of this section was completed within one year preceding date of application; or
(ii) A recommendation signed by a senior company official which:
(A) Provides a description of the applicant's experience and company qualifications program completed;
(B) Certifies that the applicant has witnessed ten rig moves either as an observer in training or as a rig mover under supervision;
(C) Certifies that the individual has successfully directed, while under the supervision of an experienced rig mover, five rig moves of bottom bearing units; and
(D) Certifies that one of the rig moves required under paragraph (j)(1)(ii)(C) of this section was completed within one year preceding date of application; and
(2) Present evidence of training course completion as follows:
(i) A certificate from a Coast Guard approved stability course approved for OIM Bottom Bearing Units license or endorsement;
(ii) A certificate from a Coast Guard approved survival suit and survival craft training course; and
(iii) A certificate from a firefighting training course as required by § 10.205(g) of this part;
(k) An applicant for endorsement as OIM Bottom Bearing Units Underway who holds an unlimited license as master or chief mate must satisfy the requirements in paragraph (j)(2) of this section and provide a company recommendation signed by a senior company official which:
(1) Provides a description of the applicant's experience and qualifications;
(2) Certifies that the individual has successfully directed, while under the supervision of an experienced rig mover, three rig moves of bottom bearing units; and
(3) Certifies that one of the rig moves required under paragraph (k)(2) of this section was completed within one year preceding date of application.
(a) To qualify for a license or endorsement as barge supervisor (BS), an applicant must:
(1) Present evidence of the following experience:
(i) Three years of employment assigned to MODUs including at least 168 days of service as driller, assistant
(ii) A degree from a program in engineering or engineering technology which is accredited by the Accreditation Board for Engineering and Technology (ABET). Commanding Officer, National Maritime Center will give consideration to accepting education credentials from programs having other than ABET accreditation. An applicant qualifying through a degree program must also have at least 168 days of service as driller, assistant driller, toolpusher, assistant toolpusher, mechanic, electrician, crane operator, subsea specialist, ballast control operator or equivalent supervisory position on MODUs. At least 84 days of that service shall have been as a ballast control operator or barge supervisor trainee; and
(2) Present evidence of training course completion as follows:
(i) A certificate from a Coast Guard approved stability course approved for a barge supervisor license or endorsement;
(ii) A certificate from a Coast Guard approved survival suit and survival craft training course; and
(iii) A certificate from a firefighting training course as required by § 10.205(g) of this part.
(b) An applicant for an endorsement as BS who holds an unlimited license as master or mate must satisfy the requirements in paragraph (a)(2) of this section and have at least 84 days of service as ballast control operator or barge supervisor trainee.
(a) To qualify for a license or endorsement as ballast control operator (BCO), an applicant must:
(1) Present evidence of the following experience:
(i) One year of employment assigned to MODUs including at least 28 days of service as a trainee under the supervision of a licensed ballast control operator; or
(ii) A degree from a program in engineering or engineering technology which is accredited by the Accreditation Board for Engineering and Technology (ABET). Commanding Officer, National Maritime Center will give consideration to accepting education credentials from programs having other than ABET accreditation. An applicant qualifying through a degree program must also have at least 28 days of service as a trainee under the supervision of a licensed ballast control operator; and
(2) Present evidence of training course completion as follows:
(i) A certificate from a Coast Guard approved stability course approved for a barge supervisor or ballast control operator license or endorsement;
(ii) A certificate from a Coast Guard approved survival suit and survival craft training course; and
(iii) A certificate from a firefighting training course as required by § 10.205(g) of this part.
(b) An applicant for an endorsement as BCO who holds an unlimited license as master, mate, chief engineer, or assistant engineer must satisfy the requirements in paragraph (a)(2) of this section and have at least 28 days of service as a trainee under the supervision of a licensed ballast control operator.
(a) Prior to January 1, 1991, unlicensed individuals who served in positions on MODUs equivalent to OIM, BS, or BCO may make application for a Coast Guard acknowledgment of service or a temporary license, both of which authorize a continuation of service in that position. To be eligible, these individuals must have served in that position between July 1, 1987 and
(1) Coast Guard acknowledgment of service.
(i) To obtain a Coast Guard acknowledgment of service, the applicant must provide a letter from a senior company official of the company worked for. This letter must provide:
(A) Name of vessel(s) served on;
(B) MODU license which the individual's position is equivalent to; and
(C) Period of service.
(ii) The Coast Guard acknowledgment of service is valid for one year and is not renewable.
(2) Temporary license.
(i) To obtain a temporary license, the applicant must:
(A) Provide a letter from a senior company official of the company worked for. This letter must provide:
(
(
(
(B) Provide evidence of 120 days of service in a position equivalent to the license endorsement sought.
(ii) a temporary license is valid for five years and is not renewable.
(b) Acknowledgments or temporary licenses obtained using the provisions of this section will restrict service authority to vessels operated by the company which has certified service.
(a) This section contains the requirements that an applicant must meet to qualify as a radar observer. (Part 15 of this chapter specifies who must qualify as a radar observer.)
(b) If an applicant meets the requirements of this section, one of the following Radar-Observer endorsements will be added to his or her deck officer's license:
(1) Radar Observer (Unlimited).
(2) Radar Observer (Inland Waters and GIWW).
(3) Radar Observer (Rivers).
(c) Endorsement as Radar Observer (Unlimited) is valid on all waters. Endorsement as Radar Observer (Inland Waters and GIWW) is valid only for those waters other than the Great Lakes covered by the Inland Navigational Rules. Endorsement as Radar Observer (Rivers) is valid only on any river, canal, or similar body of water designated by the OCMI, but not beyond the boundary line.
(d) Except as provided by paragraphs (e) and (f) of this section, each applicant for a Radar-Observer endorsement or for renewal of an endorsement must complete the appropriate course approved by the Coast Guard, receive the appropriate certificate of training, and present the certificate to the OCMI.
(e) An applicant who possesses a Radar-Observer endorsement, resides in a remote geographic area, and can substantiate to the satisfaction of the OCMI that the applicant's absence will disrupt normal movement of commerce, or that the applicant cannot attend an approved Radar-Observer renewal course, may have his or her endorsement renewed upon successful completion of an examination administered by the Coast Guard, or by a third party acceptable to the Coast Guard.
(f) Except as provided by paragraph (k) of this section, a Radar-Observer endorsement issued under this section is valid for 5 years after the month of issuance of the certificate of training from a course approved by the Coast Guard. It is not terminated by the issuance of a new license during these 5 years.
(g) The month and year of the expiration of the Radar-Observer endorsement are printed on the license.
(h) A Radar-Observer endorsement may be renewed at any time.
(i) An applicant for renewal of a license that does not need a Radar-Observer endorsement may renew the license without meeting the requirements for the endorsement.
(j) An applicant seeking to raise the grade of a license or increase its scope, where the increased grade or scope requires a Radar-Observer certificate, may use an expired certificate to fulfill that requirement.
(k) The renewal date of a Radar-Observer endorsement may be extended beyond the normal 5-year duration to coincide with the renewal date of the license to which it pertains. This extension may not exceed 2 years and
(a) This section contains the requirements to qualify for an endorsement authorizing an applicant to engage in assistance towing. The endorsement applies to all licenses except those for master and mate (pilot) of towing vessels and those for master or mate authorizing service on inspected vessels over 200 gross tons. Holders of any of these licenses may engage in assistance towing within the scope of the licenses and without the endorsement.
(b) An applicant for an assistance towing endorsement shall pass a written examination demonstrating his or her knowledge of assistance towing safety, equipment, and procedures.
(c) An assistance towing endorsement on a license as master, mate, or operator authorizes the holder to engage in assistance towing on any vessel within the scope of the license.
(d) The period of validity of the endorsement is the same as the license on which it is endorsed, and it may be renewed with the license.
Each license for service on offshore supply vessels (OSVs) authorizes service on OSVs as defined in 46 U.S.C. 2101(19) and as interpreted under 46 U.S.C. 14104(b), subject to any restrictions placed on the license.
(a) Except as provided by paragraph (b) of this section, to qualify for a license as Master (OSV), an applicant shall present evidence that he or she meets the appropriate requirements of STCW Regulation II/2.
(b) The OCMI may exempt an applicant from meeting any requirement under STCW Regulation II/2 that the OCMI determines to be inappropriate or unnecessary for service on an OSV, or that the applicant meets under the equivalency provisions of Article IX of STCW.
(a) Except as provided by paragraph (b) of this section, to qualify for a license as Chief Mate (OSV), an applicant shall present evidence that he or she meets the appropriate requirements of STCW Regulation II/2.
(b) The OCMI may exempt an applicant from meeting any requirement under STCW Regulation II/2 that the OCMI determines to be inappropriate or unnecessary for service on an OSV, or that the applicant meets under the equivalency provisions of Article IX of STCW.
(a) Except as provided by paragraph (b) of this section, to qualify for a license as Mate (OSV), an applicant shall present evidence that he or she meets the appropriate requirements of STCW Regulation II/1.
(b) The OCMI may exempt an applicant from meeting any requirement under STCW Regulation II/1 that the OCMI determines to be inappropriate or unnecessary for service on an OSV, or that the applicant meets under the equivalency provisions of Article IX of STCW.
(a) Licenses are issued in the grades of:
(1) Chief engineer;
(2) First assistant engineer;
(3) Second assistant engineer;
(4) Third assistant engineer;
(5) Chief engineer (limited);
(6) Assistant engineer (limited);
(7) Designated duty engineer;
(8) Chief engineer uninspected fishing industry vessels; and,
(9) Assistant engineer uninspected fishing industry vessels.
(b) Engineer licenses issued in the grades of chief engineer (limited) and assistant engineer (limited) of steam and/or motor vessels allow the holder to serve within any horsepower limitations on vessels of any gross tons on inland waters and of not more than 1600 gross tons in ocean, near coastal or Great Lakes service in the following manner:
(1) Assistant engineer (limited—oceans) may serve on ocean waters;
(2) Chief engineer (limited—near coastal) may serve on near coastal waters; and,
(3) Chief engineer (limited-oceans) may serve on ocean waters.
(c) Engineer licenses issued in the grades of designated duty engineer of steam and/or motor vessels allow the holder to serve within stated horsepower limitations on vessels of not more than 500 gross tons in the following manner:
(1) Designated duty engineers limited to vessels of not more than 1000 horsepower or 4000 horsepower may serve only on near coastal or inland waters;
(2) Designated duty engineers with no horsepower limitations may serve on any waters.
(d) Engineer licenses are endorsed to authorize service on either steam or motor vessels or may be endorsed for both modes of propulsion.
(e) A person holding an engineer license which is restricted to near coastal waters may serve within the limitations of the license upon near coastal, Great Lakes, and inland waters.
(a) For all original and raise of grade of engineer licenses, at least one-third of the minimum service requirements must have been obtained on the particular mode of propulsion for which applied.
(b) If a licensed applicant desires to obtain an endorsement on an engineer license in the other propulsion mode (steam or motor), the following alternative methods, while holding a license in that grade, are acceptable:
(1) Four months of service as an observer in the same licensed capacity on vessels of the other propulsion mode;
(2) Four months of service as a licensed officer at a lower license level on vessels of the other propulsion mode;
(3) Six months of service as oiler, watertender, or junior engineer on vessels of the other propulsion mode; or,
(4) Completion of a Coast Guard approved training course for this endorsement.
(c) Applicants for an original, raise in grade, or increase in the scope, of an engineer license, other than an increase in horsepower limitation, who have not previously done so must meet the requirements of § 10.205(g) of this part.
(a) Engineer licenses of all grades and types may be subject to horsepower limitations. Other than as provided in § 10.524 for the designated duty engineer license, the horsepower limitation placed on a license is based on the applicant's qualifying experience considering the total shaft horsepower of each vessel on which the applicant has served.
(b) When an applicant for an original or raise of grade of an engineer license, other than a designated duty engineer license, has not obtained at least 50 percent of the required qualifying experience on vessels of 4,000 or more horsepower, a horsepower limitation is placed on the license based on the applicant's qualifying experience. The license is limited to the maximum horsepower on which at least 25 percent of the required experience was obtained, or 150 percent of the maximum horsepower on which at least 50 percent of the service was obtained, whichever is higher. Limitations are in multiples of 1000 horsepower, using the next higher figure when an intermediate horsepower is calculated. When the limitation as calculated equals or exceeds 10,000 horsepower, an unlimited horsepower license is issued.
(c) The following service on vessels of 4,000 horsepower or over will be considered qualifying for the raising or removing of horsepower limitations placed on engineer licenses:
(1) Six months of service in the highest grade licensed: removal of all horsepower limitations.
(2) Six months of service in any licensed capacity other than the highest grade for which licensed: Removal of all horsepower limitations for the grade in which service is performed and raise the next higher grade license to the horsepower of the vessel on which service was performed. The total cumulative service before and after issuance of the limited license may be considered in removing all horsepower limitations.
(3) Twelve months of service as oiler or junior engineer while holding a license as third assistant engineer or assistant engineer (limited-oceans): removal of all horsepower limitations on third assistant engineer or assistant engineer's (limited-oceans) license.
(4) Six months of service as oiler or junior engineer while holding a license as second assistant engineer: removal of all horsepower limitations on third assistant engineer's license.
(d) Raising or removing horsepower limitations based on service required by paragraph (c) of this section may be granted without further written examination providing the Officer in Charge, Marine Inspection who issued the applicant's license, considers further examination unnecessary.
Service gained in the deck department on vessels of appropriate tonnage may substitute for up to 25 percent or 6 months, whichever is less, of the service requirement for a license as chief engineer (limited), assistant engineer (limited), or designated duty engineer.
The following diagram illustrates the engineering license structure including cross over points. The section numbers on the diagram refer to the specific requirements applicable.
The minimum service required to qualify an applicant for license as chief engineer of steam and/or motor vessels is:
(a) One year of service as first assistant engineer; or,
(b) One year of service while holding a license as first assistant engineer. A minimum of six months of this service must have been as first assistant engineer. Service as an assistant engineer is accepted on a two-for-one basis to a maximum of six months (12 months of service as a second or third assistant engineer equals six months of creditable service).
The minimum service required to qualify an applicant for license as first assistant engineer of steam and/or motor vessels is one year of service as an assistant engineer, while holding a license as second assistant engineer.
The minimum service required to qualify an applicant for license as second assistant engineer of steam and/or motor vessels is:
(a) One year of service as an assistant engineer, while holding a license as third assistant engineer; or,
(b) One year of service while holding a license as third assistant engineer which includes:
(1) A minimum of six months of service as third assistant engineer; and,
(2) Additional service as a qualified member of the engine department, calculated on a two-for-one basis; or,
(c) One year of service as chief engineer (limited-oceans) of steam or motor vessels, and completing the appropriate examination described in subpart I of this part.
(a) The minimum service required to qualify an applicant for license as third assistant engineer of steam and/or motor vessels is:
(1) Three years of service in the engineroom of vessels, two years of which must have been as a qualified member of the engine department;
(2) Three years of service as an apprentice to the machinist trade engaged in the construction or repair of marine, locomotive, or stationary engines, together with one year service in the engineroom as oiler, watertender, or junior engineer;
(3) Graduation from:
(i) The U.S. Merchant Marine Academy (engineering curriculum);
(ii) The U.S. Coast Guard Academy and completion of an on-board engineer officer qualification program required by the service;
(iii) The U.S. Naval Academy and completion of an on-board engineer officer qualification program required by the service;
(iv) The engineering class of a Maritime Academy approved by and conducted under the rules prescribed by the Maritime Administrator and listed in part 310 of this title;
(4) Graduation from the marine engineering course of a school of technology accredited by the Accreditation Board for Engineering and Technology, together with three months of service in the engine department of steam or motor vessels;
(5) Graduation from the mechanical or electrical engineering course of a school of technology accredited by the Accreditation Board for Engineering and Technology, together with six months of service in the engine department of steam or motor vessels;
(6) Satisfactory completion of a three-year apprentice engineers training program approved by the Commanding Officer, National Maritime Center; or,
(7) One year of service as chief engineer (limited-near coastal) of steam or motor vessels and completing the appropriate examination described in subpart I of this part.
(b) Experience gained in the deck department on vessels of 100 gross tons or over can be credited for up to three
The minimum service required to qualify an applicant for license as chief engineer (limited-oceans) of steam and/or motor vessels is five years total service in the engineroom of vessels. Two years of this service must have been as a licensed engineer. Thirty months of the service must have been as a qualified member of the engine department or equivalent supervisory position.
The minimum service required to qualify an applicant for license as chief engineer (limited-near coastal) of steam and/or motor vessels is four years total service in the engineroom of vessels. One year of this service must have been as a licensed engineer. Two years of the service must have been as a qualified member of the engine department or equivalent supervisory position.
The minimum service required to qualify an applicant for license as assistant engineer (limited-oceans) of steam and/or motor vessels is three years of service in the engineroom of vessels. Eighteen months of this service must have been as a qualified member of the engine department or equivalent supervisory position.
(a) Designated duty engineer licenses are issued in three levels of horsepower limitations dependent upon the total service of the applicant and completion of appropriate examination. These licenses are limited to vessels of not more than 500 gross tons on certain waters as specified in § 10.501.
(b) The service requirements for licenses as designated duty engineer are:
(1) For designated duty engineer of steam and/or motor vessels of any horsepower, the applicant must have three years of service in the engineroom. Eighteen months of this service must have been as a qualified member of the engine department or equivalent supervisory position.
(2) For designated duty engineer of steam and/or motor vessels of not more than 4,000 horsepower, the applicant must have two years of service in the engineroom. One year of this service must have been as a qualified member of the engine department or equivalent supervisory position.
(3) For designated duty engineer of steam and/or motor vessels of not more than 1,000 horsepower, the applicant must have one year of service in the engineroom. Six months of this service must have been as a qualified member of the engine department or equivalent supervisory position.
(a) This section applies to licenses for chief and assistant engineers of all vessels, however propelled, navigating the high seas, which are documented to engage in the fishing industry, with the exception of:
(1) Wooden ships of primitive build;
(2) Unrigged vessels; and,
(3) Vessels of less than 200 gross tons.
(b) Licenses as chief engineer and assistant engineer of uninspected fishing industry vessels are issued for ocean waters and with horsepower limitations in accordance with the provisions of § 10.503.
(c) For a license as chief engineer, the applicant must have served four years in the engineroom of vessels. One year of this service must have been as a licensed assistant engineer or equivalent supervisory position.
(d) For a license as assistant engineer, an applicant must have served three years in the engineroom of vessels.
(e) Two-thirds of the service required under this section must have been on motor vessels.
(f) Applicants may request an orally assisted examination on the subjects listed in subpart I of this part.
Licenses as chief engineer (MODU) or assistant engineer (MODU) authorize service on certain self-propelled or non-self-propelled units of any horsepower where authorized by the vessel's certificate of inspection.
To qualify for a license as chief engineer (MODU) an applicant must:
(a) Present evidence of the following experience:
(1) Six years of employment assigned to MODUs including three years of employment as mechanic, motorman, subsea engineer, electrician, barge engineer, toolpusher, unit superintendent, crane operator or equivalent. Eighteen months of that employment must have been assigned to self-propelled or propulsion assisted units; or
(2) Two years of employment assigned to MODUs as an assistant engineer (MODU). Twelve months of that employment must have been assigned to self-propelled or propulsion assisted units; and
(b) Present evidence of completion of a firefighting training course as required by § 10.205(g) of this part.
(c) If an applicant successfully completes a modified examination and possesses the total required sea service for a license as chief engineer (MODU), but does not possess the required sea service on board self-propelled or propulsion assisted units, the OCMI may issue the applicant a license limited to non-self-propelled units. The OCMI may remove the limitation upon presentation of satisfactory evidence of the required self-propelled sea service and completion of any additional required examination.
To qualify for a license as assistant engineer (MODU) an applicant must:
(a) Present evidence of the following experience:
(1) Three years of employment assigned to MODUs including 18 months of employment as mechanic, motorman, subsea engineer, electrician, barge engineer, toolpusher, unit superintendent, crane operator or equivalent. Nine months of that employment must have been assigned to self-propelled or propulsion assisted units;
(2) Three years of employment in the machinist trade engaged in the construction or repair of diesel engines and one year of employment assigned to MODUs in the capacity of mechanic, motorman, oiler, or equivalent. Nine months of that employment must have been assigned to self-propelled or propulsion assisted units; or
(3) A degree from a program in marine, mechanical, or electrical engineering technology which is accredited by the Accreditation Board for Engineering and Technology (ABET). Commanding Officer, National Maritime Center will give consideration to accepting education credentials from programs having other than ABET accreditation. An applicant qualifying through a degree program must also have at least six months of employment in any of the capacities listed in paragraph (a)(1) of this section aboard self-propelled or propulsion assisted units; and
(b) Present evidence of completion of a firefighting training course as required by § 10.205(g) of this part.
(c) If an applicant successfully completes a modified examination and possesses the total required sea service for a license as an assistant engineer (MODU), but does not possess the required sea service on board self-propelled or propulsion assisted units, the OCMI may issue the applicant a license limited to non-self-propelled units. The OCMI may remove the limitation upon presentation of the satisfactory evidence of the required self-propelled sea
Each license for service on OSVs as Chief Engineer (OSV) or Engineer (OSV) authorizes service on OSVs as defined in 46 U.S.C. 2101(19) and as interpreted under 46 U.S.C. 14104(b), subject to any restrictions placed on the license.
(a) Except as provided by paragraph (b) of this section, to qualify for a license as Chief engineer (OSV), an applicant shall present evidence that he or she meets the appropriate requirements of STCW Regulation III/2.
(b) The OCMI may exempt an applicant from meeting any requirement under STCW Regulation III/2 that the OCMI determines to be inappropriate or unnecessary for service on an OSV, or that the applicant meets under the equivalency provisions of Article IX of STCW.
(a) Except as provided by paragraph (b) of this section, to qualify for a license as Engineer (OSV), an applicant shall present evidence that he or she meets the appropriate requirements of STCW Regulation III/1.
(b) The OCMI may exempt an applicant from meeting any requirement under STCW Regulation III/1 that the OCMI determines to be inappropriate or unnecessary for service on an OSV, or that the applicant meets under the equivalency provisions of Article IX of STCW.
This subpart provides for the licensing of radio officers for employment on vessels, and for the issue of STCW certificates or endorsements for those qualified to serve as radio operators on vessels subject to the provisions on the Global Maritime Distress and Safety System (GMDSS) of Chapter IV of SOLAS.
(a) Each applicant for an original license or renewal of license shall present a current first or second class radiotelegraph operator license issued by the Federal Communications Commission. The applicant shall enter on the license application form the number, class, and date of issuance of his or her Federal Communications Commission license.
(b) An applicant for license as radio officer shall apply for a merchant mariner's document under part 12. This document will be endorsed
(c) Each applicant who furnishes evidence that he or she meets the standard of competence set out in STCW Regulation IV/2 (incorporated by reference in § 10.102), including the competence to transmit and receive information using subsystems of GMDSS, to fulfill the functional requirements of GMDSS, and to provide radio services in emergencies is entitled to hold an STCW certificate suitably endorsed for performing duties associated with GMDSS.
(d) Evidence required by paragraph (c) of this section must include a certificate—
(1) For operator of radio in the GMDSS issued by the Federal Communications Commission (FCC); and
(2) Of completion from a Coast Guard-approved course for operator of radio in the GMDSS, or other approved
(a) An applicant for a license as first class pilot need not hold any other license issued under this part. An individual holding a license as master, mate, or master or mate (pilot) of towing vessels may apply for an endorsement as first class pilot for a specific route or routes in lieu of applying for a first class pilot's license.
(b) The issuance of a license or endorsement as first class pilot to an individual qualifies that individual to serve as pilot over the route(s) specified on the license, subject to any limitations imposed under paragraph (c) of this section.
(c) The Officer in Charge, Marine Inspection, issuing a license or endorsement as first class pilot, imposes appropriate limitations commensurate with the experience of the applicant, with respect to class or type of vessel, tonnage, route, and waters.
(d) A license issued for service as a master, mate, or operator of uninspected towing vessels authorizes service as a pilot under the provisions of § 15.812 of this subchapter. Therefore, first class pilot endorsements will not be issued with tonnage limitations of 1600 gross tons or less.
(a) The minimum service required to qualify an applicant for a license as first class pilot, or for an endorsement as first class pilot on a license as master, mate, or master or mate (pilot) of towing vessels, is predicated upon the nature of the waters for which pilotage is desired.
(1)
(i) 18 months of the 36 months service must be as quartermaster, wheelsman, able seaman, apprentice pilot, or in an equivalent capacity, standing regular watches at the wheel or in the pilothouse as part of routine duties.
(ii) At least 12 months of the 18 months service required in paragraph (a)(1)(i) of this section must be on vessels operating on the class of waters for which pilotage is desired.
(2)
(3)
(b) A graduate of the Great Lakes Maritime Academy in the deck class meets the service requirements of this section for a license as first class pilot on the Great Lakes.
(c) Completion of a course of pilot training approved by the Commanding Officer, National Maritime Center, under subpart C of this part may be substituted for a portion of the service requirements of this section in accordance with § 10.304. Additionally, round trips made during this training may apply toward the route familiarization requirements of § 10.705. An individual using substituted service must have at least nine months of shipboard service.
(d) An individual holding a license as master or mate of inspected steam or motor vessels of over 1,600 gross tons meets the service requirements of this
(a) The Officer in Charge, Marine Inspection having jurisdiction determines, within the range limitations specified in this section, the number of round trips required to qualify an applicant for a particular route, considering the following:
(1) The geographic configuration of the waterway;
(2) The type and size of vessels using the waterway;
(3) The abundance or absence of aids to navigation;
(4) The background lighting effects;
(5) The known hazards involved, including waterway obstructions or constrictions such as bridges, narrow channels, or sharp turns; and,
(6) Any other factors unique to the route that the OCMI deems appropriate.
(b) An applicant for an original license as first class pilot shall furnish evidence of having completed a minimum number of round trips, while serving as quartermaster, wheelsman, able seaman, apprentice pilot, or in an equivalent capacity, standing regular watches at the wheel or in the pilot house as part of routine duties, over the route sought. Evidence of having completed a minimum number of round trips while serving as an observer, properly certified by the master and/or pilot of the vessel, is also acceptable. The range of round trips for an initial license is a minimum of 12 round trips and a maximum of 20 round trips. An applicant may have additional routes added to the first class pilot license by meeting the requirements for obtaining an endorsement.
(c) An applicant for an endorsement as first class pilot for a particular route shall furnish evidence of having completed the number of round trips over the route, specified by the Officer In Charge, Marine Inspection, within the range limitations of this paragraph, for the particular grade of existing license held. The range of round trips for an endorsement is a minimum of 8 round trips and a maximum of 15 round trips.
(d) Unless determined impracticable by the OCMI, 25% of the round trips required by the OCMI under this section must be made during the hours of darkness.
(e) One of the round trips required by the OCMI under this section must be made over the route within the six months immediately preceding the date of application.
(a) An applicant for a license as first class pilot is required to pass the examination described in subpart I of this part.
(b) An applicant for an extension of route, or a licensed master or mate authorized to serve on vessels of over 1,600 gross tons seeking an endorsement as first class pilot, is required to pass those portions of the examination described in subpart I of this part that concern the specific route for which endorsement is sought.
(a) This section applies only to an individual who pilots a vessel of 1,600 gross tons and over.
(b) Every person holding a license or endorsement as first class pilot shall have a thorough physical examination each year while holding the license or endorsement.
(c) Each annual physical examination must meet the requirements specified in § 10.205(d) except that the record of examination need not be submitted to the Coast Guard except as provided for in paragraph (e) of this section.
(d) An individual's first class pilot license or endorsement becomes invalid on the first day of the month following the first anniversary of the individual's most recent physical examination satisfactorily completed; the individual may not operate under the authority of that license or endorsement until a
(e) Upon request, a first class pilot shall provide the Coast Guard with a copy of his or her most recent physical examination.
(a) In order to obtain a first class pilot license or endorsement authorizing service on vessels of
(b) If an applicant does not have sufficient experience on vessels of over 1,600 gross tons, the license or endorsement will be for a limited tonnage until the applicant completes a number of additional round trips, as determined by the OCMI, within the range contained in § 10.705 (b) or (c), as appropriate, on vessels of over 1,600 gross tons.
(c) For purposes of this section, an applicant is considered to have sufficient experience if the applicant has 18 months experience as master, mate, quartermaster, wheelsman, able seaman, apprentice pilot, or in an equivalent capacity, standing regular watches at the wheel or in the pilothouse as part of routine duties, on vessels of 1,600 gross tons or over, and two-thirds of the minimum number of round trips required for the route have been on vessels of 1,600 gross tons or over.
(d) For purposes of this section, for experience with respect to tonnage on towing vessels, the combined gross tonnage of the towing vessel and the vessel(s) towed will be considered. However, the OCMI may require that all or a portion of the required number of round trips be obtained on self-propelled vessels of 1,600 gross tons or over, when the OCMI determines that due to the nature of the waters and the overall experience of the applicant, self-propelled vessel experience is necessary to obtain a first class pilot license or endorsement that is not restricted to tug and barge combinations.
(a) If a first class pilot has not served over a particular route within the past 60 months, that person's license or endorsement is invalid for that route, and remains invalid until the individual has made one re-familiarization round trip over that route, except as provided in paragraph (b) of this section. Whether this requirement is satisfied or not has no effect on the renewal of a license or endorsement. Round trips made within the 90 day period preceding renewal will be valid for the duration of the renewed license or endorsement.
(b) For certain long or extended routes, the OCMI may, at his discretion, allow the re-familiarization requirement to be satisfied by reviewing appropriate navigation charts, coast pilots tide and current tables, local Notice to Mariners, and any other materials which would provide the pilot with current knowledge of the route. Persons using this method of re-familiarization shall certify, when applying for renewal of their license or endorsement, the material they have reviewed and the dates on which this was accomplished. Review within the 90 day period preceding renewal is valid for the duration of the renewed license or endorsement.
This subpart provides for the registration of staff officers for employment on vessels documented or numbered under the laws of the United States. Staff officers must be registered if serving on most vessels in ocean service or on the Great Lakes.
Staff officers are registered in the following grades:
(a) Chief purser.
(b) Purser.
(c) Senior assistant purser.
(d) Junior assistant purser.
(e) Medical doctor.
(f) Professional nurse.
(a) The applicant for a certificate of registry as staff officer is not required to take any examination; however, the applicant shall present to the Officer in
(b) The applicant must hold or apply for a merchant mariner s document.
(c) Endorsements for a higher grade are not made on certificates of registry. An applicant for a higher grade in the staff department shall apply in the same manner as for an original certificate of registry and shall surrender the certificate upon issuance of the new certificate of registry. A person holding a certificate of registry as staff officer may serve in a lower grade of a service for which he or she is registered.
(d) Title 46 U.S.C. 8302 addresses uniforms for staff officers who are members of the Naval Reserve.
(e) A duplicate certificate of registry may be issued by the Officer in Charge, Marine Inspection. (See § 10.219.)
(f) A certificate of registry is valid for a term of 5 years from the date of issuance. Procedures for renewing certificates of registry are found in § 10.209. The expiration date of a certificate of registry issued without an expiration date shall be determined in accordance with § 10.811.
(g) Each applicant for an original certificate of registry or a higher grade of certificate of registry, as described by paragraph (c) of this section, shall produce evidence of having passed a chemical test for dangerous drugs or of qualifying for an exception from testing in § 16.220 of this subchapter. An applicant who fails a chemical test for dangerous drugs will not be issued a certificate of registry.
(a) The applicant for a certificate of registry as staff officer shall submit evidence of experience as follows:
(1)
(2)
(3)
(4)
(5)
(6)
(b) Employment on shore in connection with ship's business may be accepted in lieu of service aboard vessels. Related shore employment is accepted in the ratio of two months of shore service to count as one month of service aboard vessels.
(c) In computing the length of service required of an applicant for a certificate of registry, service of one season on vessels on the Great Lakes is counted as service of one year.
(d) In the event an applicant for a certificate of registry, other than medical doctor or professional nurse, presents evidence of other qualifications which, in the opinion of the Officer in Charge, Marine Inspection, is equivalent to the experience requirements of this section and is consistent with the duties of a staff officer, the Officer in Charge, Marine Inspection may issue the certificate of registry.
An applicant for rating to be endorsed on a certificate of registry shall submit evidence of experience as follows:
(a)
(b)
The expiration year of a certificate of registry issued without an expiration date is calculated by adding 5-year increments to the issuance date of the certificate of registry, up to first applicable year falling between 1995 and 1999, inclusive. The day and month of expiration are the same as that of issuance. Table 10.811 is provided as an aid for calculating the expiration date of a certificate of registry issued without an expiration date. A certificate of registry is not valid for use after the expiration date calculated under this section, but may be renewed in accordance with the requirements of § 10.209.
(a) Each applicant for any license listed in this part shall pass examinations on the appropriate subjects listed in this subpart, except as noted in § 10.903(b).
(b) If the license is to be limited in a manner which would render any of the subject matter unnecessary or inappropriate, the examination may be amended accordingly by the Officer in Charge, Marine Inspection. Limitations which may affect the examination content are:
(1) Restricted routes for reduced service licenses (master or mate of vessels of not more than 200 gross tons, operator of uninspected passenger vessels or master or mate (pilot) of towing vessels); or,
(2) Engineer licenses with horsepower restrictions.
(c) Except as provided in §§ 10.202 and 10.209, each applicant for an STCW certificate or endorsement, to be valid for service on or after February 1, 2002, in the following capacities on vessels that operate beyond the Boundary Line shall also furnish sufficient documentary evidence that he or she has made a practical demonstration(s) of competence as set out under the appropriate STCW Regulations (incorporated by reference in § 10.102):
(1)
(ii) Officer in charge of the navigational watch on a seagoing vessel of less than 500 GT not engaged on a near-coastal voyage.
(iii) Officer in charge of the navigational watch on a seagoing vessel of less than 500 GT engaged on a near-coastal voyage.
(iv) Master and chief mate on a seagoing vessel of 3,000 GT or more.
(v) Master and chief mate on a seagoing vessel of between 500 and 3,000 GT.
(vi) Master on a seagoing vessel of less than 500 GT not engaged on a near-coastal voyage.
(vii) Master on a seagoing vessel of less than 500 gross tons engaged on a near-coastal voyage.
(2)
(ii) Designated duty engineer in a periodically unmanned engine-room on a seagoing vessel.
(iii) Chief engineer officer of a seagoing vessel driven by main propulsion machinery of 3,000 kW [4,000 hp] of propulsion power or more.
(iv) Second engineer officer of a seagoing vessel driven by main propulsion machinery of 3,000 kW [4,000 hp] of propulsion power or more.
(v) Chief engineer officer of a seagoing vessel driven by main propulsion machinery of between 750 kW [1,000 hp] and 3,000 kW [4,000 hp] of propulsion power.
(vi) Second engineer officer of a seagoing vessel driven by main propulsion machinery of between 750 kW [1,000 hp] and 3,000 kW [4,000 hp] of propulsion power.
(d) Simulators used in assessment of competence under paragraph (c) of this section must meet the appropriate performance standards set out in Section A-I/12 of the STCW Code. However, simulators installed or brought into use before February 1, 2002, need not meet them so far as they fulfill the objectives of the assessment of competence or demonstration of proficiency.
(a) The following licenses require examinations for issuance:
(1) Master ocean/near coastal any gross tons;
(2) Chief mate ocean/near coastal any gross tons;
(3) Second mate ocean/near coastal any gross tons;
(4) Third mate ocean/near coastal any gross tons;
(5) Master ocean/near coastal not more than 500 or 1600 gross tons;
(6) Mate ocean/near coastal not more than 500 or 1600 gross tons;
(7) Mate near coastal not more than 200 gross tons;
(8) Master near coastal not more than 100 gross tons;
(9) Master Great Lakes and inland any gross tons;
(10) Mate Great Lakes and inland any gross tons;
(11) Master inland any gross tons;
(12) Master river any gross tons;
(13) Master Great Lakes and inland/river not more than 500 or 1600 gross tons;
(14) Mate Great Lakes and inland/river not more than 500 or 1600 gross tons;
(15) Mate Great Lakes and inland/inland/river not more than 200 gross tons;
(16) Master Great Lakes and inland/inland/river not more than 100 gross tons;
(17) First class pilot;
(18)(i) Apprentice mate (steersman) of towing vessels;
(ii) Apprentice mate (steersman) of towing vessels, limited;
(19) Operator uninspected passenger vessels;
(20) Master uninspected fishing industry vessels;
(21) Mate uninspected fishing industry vessels;
(22) Chief engineer steam/motor vessels;
(23) First assistant engineer steam/motor vessels;
(24) Second assistant engineer steam/motor vessels;
(25) Third assistant engineer steam/motor vessels;
(26) Chief engineer (limited) steam/motor vessels;
(27) Assistant engineer (limited) steam/motor vessels;
(28) Designated duty engineer steam/motor vessels;
(29) Chief engineer uninspected fishing industry vessels;
(30) Assistant engineer uninspected fishing industry vessels.
(b) The following licenses do not require examinations:
(1) Master ocean any gross tons when adding an endorsement as Offshore Installation Manager.
(2) Master ocean or near coastal not more than 200 gross tons, when raising license grade from mate near coastal not more than 200 gross tons. Master ocean not more than 200 gross tons would, however, require an examination in celestial navigation.
(3) Master Great Lakes and inland, inland, and rivers not more than 200 gross tons when raising license grade from mate of the same route not more than 200 gross tons.
(4) Master or mate (pilot) of towing vessels (endorsed for the same route).
(c) Each candidate for any of the following licenses, who commences Coast Guard approved or accepted training or approved seagoing service on or after August 1, 1998, or who applies for the license on or after February 1, 2002, shall meet the requirements of the appropriate regulations and standards of competence in STCW and in part A of the STCW Code (incorporated by reference in § 10.102), as indicated in table 903-1:
(1) Master, oceans and near coastal, any gross tons.
(2) Chief mate, oceans and near coastal, any gross tons.
(3) Master, oceans and near coastal, 500 to 1600 gross tons.
(4) Second mate, oceans and near coastal, any gross tons.
(5) Third mate, oceans and near coastal, any gross tons.
(6) Mate, oceans and near coastal, 500 to 1600 gross tons.
(7) Master or mate of towing vessels of over 200 gross tons, oceans and near-coastal.
(8) Master (OSV).
(9) Chief mate (OSV).
(10) Mate (OSV).
(11) Chief engineer, unlimited.
(12) 1st Assistant engineer, unlimited.
(13) 2nd Assistant engineer, unlimited.
(14) 3rd Assistant engineer, unlimited.
(15) Chief engineer, limited—oceans.
(16) Assistant engineer, limited-oceans.
(17) Chief engineer, limited-near coastal.
(18) Chief engineer (OSV).
(19) Engineer (OSV).
(d) After July 31, 1998, any candidate for a license listed in paragraph (c) of this section, who meets the requirements of the appropriate regulations and standards of competence in STCW and part A of the STCW code (incorporated by reference in § 10.102) as indicated in table 10.903-1, need not comply with § 10.910, or, 10.950, of this part.
Table 10.910-1 gives the codes used in table 10.910-2 for all deck licenses. Table 10.910-2 indicates the examination subjects for each license, by code number. Figures in the body of the table, in place of the letter “x”, refer to notes.
1. Master, Oceans/near coastal, any gross tons.
2. Chief mate, oceans/near coastal, any gross tons.
3. Master, oceans/near coastal, 500/1,600 gross tons.
4. Second mate, oceans/near coastal, any gross tons.
5. Third mate, oceans/near coastal, any gross tons.
6. Mate, oceans/near coastal, 500/1,600 gross tons.
7. Master, oceans/near coastal, and mate, near coastal, 200 gross tons (includes master, near coastal, 100 gross tons).
8. Operator, uninspected passenger vessels, near coastal.
9. Operator, uninspected passenger vessels, Great Lakes/inland.
10. Apprentice mate, towing vessels, ocean (domestic trade) and near-coastal routes.
11. Apprentice mate (steersman), towing vessels, Great Lakes and inland routes.
12. Steersman, towing vessels, Western Rivers.
13. Master, Great Lakes/inland, or master, inland, any gross tons.
14. Mate, Great Lakes/inland, any gross tons.
15. Master, Great Lakes/inland, 500/1,600 gross tons.
16. Mate, Great Lakes/inland, 500/1,600 gross tons.
17. Master or mate, Great Lakes/inland, 200 gross tons (includes master, Great Lakes/inland, 100 gross tons).
18. Master, rivers, any gross tons.
19. Master, rivers, 500/1,600 gross tons.
20. Mate, rivers, 500/1,600 gross tons.
21. Master or mate, rivers, 200 gross tons (includes master, rivers, 100 gross tons).
22. Master, uninspected fishing industry vessels, oceans/near coastal.
23. Mate, uninspected fishing industry vessels, oceans/near coastal.
24. First class pilot.
Table 10.920-1 gives the codes used in Table 10.920-2 for MODU licenses. Table 10.920-2 indicates the examination subjects for each license by the code number.
The purpose of the regulations in this subpart is to establish requirements for officers serving on roll-on/roll-off (Ro-Ro) passenger ships.
To serve on a Ro-Ro passenger ship after January 31, 1997, a person licensed as master, chief mate, licensed mate, chief engineer, or licensed engineer shall meet the appropriate requirements of STCW Regulation V/2 and Section A-V/2 of the STCW Code (incorporated by reference in § 10.102) and shall hold documentary evidence to show his or her meeting these requirements.
The rules in this subpart establish requirements for officers serving on passenger ships as defined in § 10.1103.
If you are licensed as a master, mate, chief mate, engineer, or chief engineer, then, before you may serve on a passenger ship, you must—
(a) Meet the appropriate requirements of the STCW Regulation V/3 and of section A-V/3 of the STCW Code (incorporated by reference in § 10.102); and
(b) Hold documentary evidence to show that you meet these requirements through approved or accepted training.
31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110, 7301, 7302, 7503, 7505, 7701; 49 CFR 1.46.
(a) The purposes of the regulations in this part are to provide—
(1) A comprehensive and adequate means of determining the identity or the qualifications an applicant must possess to be eligible for certification to serve on merchant vessels of the United States; and
(2) A means of determining that an applicant is competent to serve as a “rating forming part of a navigational watch” or a “rating forming part of an engine-room watch”, or is otherwise “designated to perform duties in a periodically unmanned engine-room”, on a seagoing ship, in accordance with the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW), and to receive the certificate or endorsement required by STCW (incorporated by reference in § 12.01-3).
(b) The regulations in subpart 12.03 of this part prescribe the requirements applicable to all training and assessment associated with meeting the standards of competence established by STCW.
(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal
(b) The material approved for incorporation by reference in this part, and the sections affected, are as follows:
(a) Operating a motor vehicle while under the influence of, or impaired by, alcohol or a controlled substance; or
(b) A traffic violation arising in connection with a fatal traffic accident, reckless driving, or racing on the highways.
Licensing and Certification functions are performed only by the Officer in Charge, Marine Inspection, at the following locations:
(a) This section lists the control numbers assigned by the Office of Management and Budget under the Paperwork Reduction Act of 1980 (Pub. L. 96-511) for the reporting and record keeping requirements in this part.
(b) The following control numbers have been assigned to the sections indicated:
(1) OMB 2115-0624—46 CFR 12.02-17 and 12.03-1.
(2) [Reserved]
(a) Certificates of identification, certificates of service, certificates of efficiency, and continuous discharge books are issued to applicants qualifying therefor at any Marine Inspection Office of the Coast Guard during usual business hours.
(b)(1) Coast Guard Merchant Marine Details abroad are authorized to conduct examinations for upgrading of seamen, but are not prepared to conduct the physical examination where required. Merchant Marine Details will therefore not issue regular certificates, but temporary permits in lieu thereof. Merchant Marine Details will instruct the recipient of each temporary permit to present it to the Officer in Charge, Marine Inspection, upon arrival in the first port in the United States in which a Marine Inspection Office is located in order to exchange it for a permanent certificate.
(2) The temporary permit shall be accepted in a Marine Inspection Office as proof that the bearer has complied with the rules and regulations governing the issuance of certificates, except as noted in the body of the temporary permit. The requirements noted in the exceptions will be complied with as in the case of other applicants.
(3) The written examinations are forwarded to the Commanding Officer, National Maritime Center by Merchant Marine Details, and any Marine Inspection Office at which an applicant with a temporary permit appears may request and obtain the examination in the case from the Commanding Officer, National Maritime Center. Any Marine Inspection Office which doubts the propriety of issuing a permanent certificate in lieu of a temporary permit which has been issued by a foreign Merchant Marine Detail shall inform the Commanding Officer, National Maritime Center fully as to the circumstances.
(a) No person who has been convicted by a court of record of a violation of the dangerous drug laws of the United States, the District of Columbia, or any State or territory of the United States is eligible for an original merchant mariner's document, except as provided by the provisions of paragraph (c) of this section. No person who has ever been the user of, or addicted to the use of, a dangerous drug, or has ever been convicted of an offense described in section 205 of the National Driver Register Act of 1982 (49 U.S.C. 30304) due to the addiction or abuse of alcohol is eligible for a merchant mariner's document unless he or she furnishes satisfactory evidence of suitability for service in the merchant marine as provided in paragraph (e) of this section.
(b) An applicant who fails a chemical test for dangerous drugs required by § 12.02-9 will not be issued a merchant mariner's document.
(c)
(1) If a criminal record check is required by the Officer in Charge, Marine Inspection, applicants shall provide fingerprints at the time of application.
(2) The Officer in Charge, Marine Inspection will use table 12.02-4(c) to evaluate applicants for merchant mariner's documents who have criminal convictions. The table lists major categories of criminalactivity and is not to be construed as an all-inclusive list. If an applicant is convicted of an offense that does not appear on the list, the Officer in Charge, Marine Inspection will establish an appropriate assessment period using the list as a guide. The assessment period commences when an applicant is no longer incarcerated. The applicant must establish proof of the time incarcerated and periods of probation and parole to the satisfaction of the Officer in Charge, Marine Inspection. The assessment period may include supervised or unsupervised probation or parole. A conviction for a drug offense more than 10 years prior to the date of application will not alone be grounds for denial.
(3) When an applicant has convictions for more than one offense, the minimum assessment period will be the longest minimum in table 12.02-4(c) and table 12.02-4(d) based upon the applicant's convictions; the maximum assessment period will be the longest shown in table 12.02-4(c) and table 12.02-4(d) based upon the applicant's convictions.
(4) If a person with a criminal conviction applies for a merchant mariner's document before the minimum assessment period shown in table 12.02-4(c), or established by the Officer in Charge, Marine Inspection under paragraph (c)(2) of this section has elapsed, then the applicant must provide, as part of the application package, evidence of suitability for service in the merchant marine. Factors which are evidence of suitability for service in themerchant marine are listed in paragraph (e) of this section. The Officer in Charge, Marine Inspection will consider the applicant's evidence submitted with the application and may issue the merchant mariner's document in less than the listed minimum assessment period if the Officer in Charge, Marine Inspection is satisfied that the applicant is suitable to hold the merchant mariner's document for which he or she has applied. If an application filed before the minimum assessment period has elapsed does not include evidence of suitability for service in the merchant marine, then the application will be considered incomplete and will not be processed by the Officer in Charge, Marine Inspection until the applicant provides the necessary evidence as set forth in paragraph (e) of this section.
(5) If a person with a criminal conviction applies for a merchant mariner's document during the time between the minimum and maximum assessment periods shown in table 12.02-4(c) or established by the Officer in Charge, Marine Inspection under paragraph (c)(2) of this section, then the Officer in Charge, Marine Inspection shall consider the conviction and, unless there are offsetting factors, shall grant the applicant the merchant mariner's document for which he or she has applied. Offsetting factors include such factors as multiple convictions, failure to comply with court orders (e.g., child support orders), previous failures at rehabilitation or reform, inability to maintain steady employment, or any connection between the crime and the safe operation of a vessel. If the Officer in Charge, Marine Inspection considers the applicant unsuitable for service in the merchant marine at the time of application, the Officer in Charge, Marine Inspection may disapprove the application.
(6) If a person with a criminal conviction applies for a merchant mariner's document after the maximum assessment period shown in table 12.02-4(c) or established by the Officer in Charge, Marine Inspection under paragraph
(d)
(1) Any application may be disapproved if information from the NDR check leads the Officer in Charge, Marine Inspection to determine that the applicant cannot be entrusted with the duties and responsibilities of the merchant mariner's document for which the application is made. If an application is disapproved, the Officer in Charge, Marine Inspection will notify the applicant in writing of the reason(s) for disapproval and advise the applicant that the appeal procedures in § 1.03 of this chapter apply. No examination will be given or merchant mariner's document issued pending decision on appeal.
(2) Prior to disapproving an application because of information received from the NDR, the Officer in Charge, Marine Inspection will make the information available to the applicant for review and written comment. The applicant may submit reports from the applicable State concerning driving record and convictions to the Coast Guard Regional Examination Center (REC) processing the application. The REC will hold an application with NDR listed convictions pending the completion of the evaluation and delivery by the individual of the underlying State records.
(3) The guidelines in table 12.02-4(d) will be used by the Officer in Charge, Marine Inspection when evaluating applicants for merchant mariner's documents who have drug or alcohol related NDR listed convictions. Non-drug or alcohol related NDR listed convictions will be evaluated by the Officer in Charge, Marine Inspection under table 12.02-4(c) as applicable.
(4) An applicant may request an NDR file check for
(i) Applicants should request Form NDR-PRV or provide the following information on a notarized letter:
(A) Full legal name;
(B) Other names used;
(C) Complete mailing address;
(D) Driver license number;
(E) Eye color;
(F) Social security number;
(G) Height;
(H) Weight; and
(I) Sex.
(ii) The NDR will respond to every valid inquiry including requests which produce no record(s) on the NDR file. Records can be made available, within a reasonable amount of time after the request, for personal inspection and copying during regular working hours at 7:45 a.m. to 4:15 p.m., each day except Federal holidays.
(e) If an applicant for an original merchant mariner's document has one or more alcohol or dangerous drug related criminal or NDR listed convictions; if the applicant has ever been the user of, or addicted to the use of, a dangerous drug; or if the applicant applies before the minimum assessment period for his or her conviction has elapsed; the Officer in Charge, Marine Inspection may consider the following factors, as applicable, in assessing the applicant's suitability to hold a merchant mariner's document. This list is intended as a guideline. The Officer in Charge, Marine Inspection may consider other factors which he or she judges appropriate, such as:
(1) Proof of completion of an accredited alcohol- or drug-abuse rehabilitation program.
(2) Active membership in a rehabilitation or counseling group, such as Alcoholics or Narcotics Anonymous.
(3) Character references from persons who can attest to the applicant's sobriety, reliability, and suitability for employment in the merchant marine including parole or probation officers.
(4) Steady employment.
(5) Successful completion of all conditions of parole or probation.
(a) Every certificate of service, certificate of efficiency, or certificate of identification issued or reissued after November 1, 1945, shall be in the form of a merchant mariner's document, Coast Guard Form CG-2838, and wherever such certificates are mentioned in this part they shall be deemed to include merchant mariner's documents representing such certificates.
(b) Continuous discharge books are issued on Coast Guard Form CG-719.
(a) Every seaman employed on any merchant vessel of the United States of 100 gross tons or upward, except vessels employed exclusively in trade on the navigable rivers of the United States, shall be issued, at the option of the seaman, a continuous discharge book, a certificate of identification, or merchant mariner's document representing such certificate of identification, which shall be retained by him. This book or certificate of identification or merchant mariner's document will bear a number, and this same number shall be shown on all certificates of service or efficiency issued to the holder of the book or certificate or document. Provisions of this section are not applicable to unrigged vessels except seagoing barges and certain tank barges.
(b) Every seaman, as referred to in paragraph (a) of this section, shall produce a continuous discharge book or certificate of identification or merchant mariner's document representing such a certificate to the United States shipping commissioner before signing Articles of Agreement, and where the seaman is not signed on before a shipping commissioner, one of these documents shall be exhibited to the master of the vessel at the time of his employment. Seamen who do not possess one of these documents may be employed at a foreign port or place.
(c)(1) Every person employed on any merchant vessel of the United States of 100 gross tons and upward, except those navigating rivers exclusively and the smaller inland lakes, below the rank of
(2) No certificate of service or efficiency is required of any person below the rank of licensed officer employed on any unrigged vessel except seagoing barges and certain tank barges.
(3) No certificate of service or efficiency is required of any person below the rank of licensed officer employed on any sail vessel of less than 500 net tons while not carrying passengers for hire and while not operating outside the line dividing inland waters from the high seas, as defined in section 2 of the act of February 19, 1895, as amended (33 U.S.C. 151) and in 33 CFR part 82.
(d) After January 31, 1997, each person serving as a rating forming part of a navigational watch on a seagoing ship of 500 gross tons or more shall hold an STCW endorsement certifying him or her as qualified to perform the navigational function at the support level, in accordance with STCW (incorporated by reference in § 12.01-3).
(e) After January 31, 2002, each person serving as a rating forming part of a watch in a manned engine-room or designated to perform duties in a periodically unmanned engine-room, on a seagoing ship driven by main propulsion machinery of 750 kW [1,000 hp] of propulsion power or more, shall hold an STCW endorsement certifying him or her as qualified to perform the marine-engineering function at the support level, in accordance with STCW.
(f) Notwithstanding any other rule in this part, no unlicensed person serving on any of the following vessels needs hold an STCW endorsement, either because he or she is exempt from application of the STCW, or because the vessels are not subject to further obligation under STCW, on account of their special operating conditions as small vessels engaged in domestic voyages:
(1) Small passenger vessels subject to subchapter T or K of title 46, CFR.
(2) Vessels of less than 200 GRT (other than passenger vessels subject to subchapter H of title 46, CFR).
(3) Uninspected passenger vessels as defined in 46 U.S.C. 2101(42).
(4) Fishing vessels as defined in 46 U.S.C. 2101(11)(a).
(5) Fishing vessels used as fish-tender vessels as defined in 46 U.S.C. 2101(11)(c).
(6) Barges as defined in 46 U.S.C. 2101(2), including non-self-propelled mobile offshore-drilling units.
(7) Vessels operating exclusively on the Great Lakes.
(a) An applicant for a certificate of service, certificate of efficiency, certificate of identification, continuous discharge book, or merchant mariner's document, shall make written application, in duplicate, on Coast Guard Form CG-719-b and shall appear in person before an Officer in Charge, Marine Inspection, or other person authorized to issue documents. This application may be for the certificates or the rating endorsement for which the seaman believes he is qualified. In the case of a seaman applying for his first certificate, other than certificate of identification, the application shall include a request for either a continuous discharge book or a merchant mariner's document representing a certificate of identification, at the option of the applicant.
(b)(1) When the application is submitted for a certificate of identification, certificate of service, certificate of efficiency, merchant mariner's document, or any combination thereof, or a continuous discharge book, the seaman shall furnish three unmounted dull finish photographs of passport type (2 inches by 1
(2) When the application requests a continuous discharge book in addition to a certificate of service or certificate of efficiency or merchant mariner's document one additional photograph shall be furnished.
(c) An applicant for a document where sea service is required shall produce with his application discharges or other documentary evidence of his
(d) If the applicant possesses a continuous discharge book, certificate of identification, or merchant mariner's document representing such certificate, it shall be exhibited at the time of making application for any other document.
(e) Approved applications are valid for 12 months.
(f) Except for applicants requesting an inactive merchant mariner's document renewal under § 12.02-27(g) of this part, to obtain an original issuance of a merchant mariner's document, the first endorsement as an able seaman, lifeboatman, qualified member of the engine department, or tankerman, or a reissuance of a merchant mariner's document with a new expiration date, each applicant shall present evidence of having passed a chemical test for dangerous drugs or of qualifying for an exception from testing in § 16.220 of this subchapter.
(g) Each applicant for an original merchant mariner's document may be required to submit to a criminal record check as required by § 12.02-4(c).
(h) Each applicant for an original merchant mariner's document or a merchant mariner's document reissued with a new expiration date shall comply with the NDR requirements in § 12.02-4(d).
(a) No application from an alien for a certificate of service, certificate of efficiency, certificate of identification, continuous discharge book, or merchant mariner's document shall be accepted unless the alien presents acceptable documentary evidence from the United States Immigration and Naturalization Service that he is lawfully admitted to the United States for permanent residence.
(b) This evidence may be in the form of an alien registration receipt card issued by the Immigration and Naturalization Service bearing the certification that the alien was admitted to the United States as an immigrant, or a declaration of intention to become a citizen of the United States issued by a naturalization court.
(a) As provided in § 12.02-5, every certificate of service, certificate of efficiency, or certificate of identification issued or reissued shall be in the form of a merchant mariner's document, Coast Guard Form CG-2838.
(b) Any licensed officer or unlicensed seaman currently holding, in a valid status, any of the documents listed in paragraph (a) of this section may, upon request and without examination, be issued a merchant mariner's document.
(c) A merchant mariner's document shall be a certificate of service authorizing the holder to serve in any rating endorsed thereon, or in any lower rating in the same department, or in any rating covered by a general endorsement thereon.
(d)(1) A merchant mariner's document issued to a licensed deck officer will be endorsed for,
(2) A merchant mariner's document issued to an engineer officer licensed for inspected vessels of over 2,000 horsepower will be endorsed for
(3) A merchant mariner's document issued to a licensed radio officer will be endorsed as follows:
(e)(1) A merchant mariner's document issued to a staff officer will be endorsed as follows:
(2) The authorized holder of any valid merchant mariner's document, however endorsed, may serve in any capacity in the staff department of a vessel, except in those capacities requiring registered staff officers:
(f) A merchant mariner's document endorsed as able seaman or as lifeboatman shall be a certificate of efficiency as lifeboatman.
(g) Every merchant mariner's document shall be a certificate of identification unless the holder also holds a continuous discharge book. The holder of a certificate of identification in the form issued before November 1, 1945, shall surrender that certificate before he is issued a merchant mariner's document.
(h) When a merchant mariner's document is issued, renewed, or endorsed, the Officer in Charge, Marine Inspection, will determine whether the holder of the document is required to hold an STCW endorsement for service on a seagoing vessel, and then, if the holder is qualified, the Officer in Charge, Marine Inspection will issue the appropriate endorsement. The Officer in Charge, Marine Inspection will also issue an STCW endorsement at other times, if circumstances so require and if the holder of the document is qualified to hold the endorsement. The Officer in Charge, Marine Inspection will issue an STCW endorsement for the following ratings:
(1) A rating forming part of a navigational watch on a seagoing ship of 500 GT or more if the holder of the document is qualified in accordance with STCW Regulation II/4 and Section A-II/4 of the STCW Code (incorporated by reference in § 12.01-3), to perform the navigational function at the support level.
(2) A rating forming part of a watch in a manned engine-room, or designated to perform duties in a periodically unmanned engine-room, on a seagoing ship driven by main propulsion machinery of 750 kW [1,000 hp] of propulsion power or more, if the holder is qualified in accordance with STCW Regulation III/4 and Section A-III/4 of the STCW Code, to perform the marine-engineering function at the support level.
(i) At the request of the holder of the document, the Officer in Charge, Marine Inspection may add an endorsement to indicate that a qualified holder has received basic safety-training or instruction required under Chapter VI of STCW.
(a) Any person making application for a continuous discharge book or a certificate of identification or a merchant mariner's document representing a certificate of identification and claiming to be a citizen of the United States shall present acceptable evidence of such citizenship at the time of making application. No original document shall be issued to any person claiming to be a citizen of the United States until such citizenship is established by acceptable evidence.
(b) Any person who has been issued a continuous discharge book or certificate of identification or merchant mariner's document showing question marks prior to the effective date of this section may at any time produce additional evidence of citizenship to a shipping commissioner or Officer in
(c) Acceptable evidence of citizenship is set forth in § 10.205(c) of this subchapter.
(a) Any alien making application for a continuous discharge book or certificate of identification or merchant mariner's document representing a certificate of identification shall present acceptable evidence of nationality at the time of making application. No original document shall be issued to any alien until nationality is established by acceptable evidence.
(b) Any document of an official character showing the country of which the alien is a citizen or subject may be accepted as acceptable evidence of an alien's nationality. The following are examples of such a document:
(1) Declaration of intention to become a citizen of the United States made by the alien after 1929.
(2) A travel document in the nature of a passport issued by the government of the country of which the alien is a citizen or subject.
(3) A certificate issued by the consular representative of the country of which the alien is a citizen or subject.
(c) Should any doubt arise as to whether or not the document presented may be considered as acceptable evidence of the alien's nationality, the matter shall be referred to the Commanding Officer, National Maritime Center, for decision.
Applicants for a merchant mariner's document for any rating shall take an oath before an Officer in Charge, Marine Inspection, or other official authorized to give such oath, or a commissioned officer of the Coast Guard authorized to administer oaths under 10 U.S.C. 936 or 14 U.S.C. 636, that they will faithfully and honestly perform all the duties required of them by law and carry out all lawful orders of superior officers on shipboard. Such an oath remains binding for all subsequent merchant mariner's documents issued to a person until the document is surrendered to the Officer in Charge, Marine Inspection.
(a) Upon application of a person for a merchant mariner's document, any required examination will be given as soon as practicable.
(b) Upon determining that the applicant satisfactorily meets all requirements for the document and any endorsements requested, the Officer in Charge, Marine Inspection, shall issue the appropriate document to the applicant. A merchant mariner's document is valid for a term of 5 years from the date of issuance. Any document which is renewed or reissued prior to its expiration date automatically becomes void upon issuance of the replacement document.
(c) When a seaman applies for a merchant mariner's document, he must:
(1) Sign the document; and
(2) Impress his left thumbprint on the document; or
(3) Impress his right thumbprint on the document if his left thumb is missing.
(d) A seaman's social security number is placed on his document and is his official identification number for record purposes.
(e) After July 31, 1998, an applicant for a merchant mariner's document who will be serving on a seagoing vessel of 200 GRT or more shall provide a document issued by a qualified medical practitioner attesting the applicant's medical fitness to perform the functions for which the document is issued.
(f) An applicant for a certificate of service or efficiency who has been duly examined and refused a certificate by an Officer in Charge, Marine Inspection may come before the same Officer in Charge, Marine Inspection for reexamination at any time after the date of the initial examination. The Officer in Charge, Marine Inspection sets the time of reexamination based on the applicant's performance on the initial examination. However, the maximum waiting period after the initial failure will be 30 days, and the maximum waiting period after a second or subsequent failure will be 90 days.
(g) An applicant who has been examined and refused a certificate by an Officer in Charge, Marine Inspection may not make application for examination to any other Officer in Charge, Marine Inspection until 30 days after the applicant's last failure of an examination or reexamination. However, an applicant may apply for examination by another Officer in Charge, Marine Inspection before the expiration of the 30 day period if sanctioned by the Officer in Charge, Marine Inspection who refused the applicant.
(a) Use table 12.02-18 to determine the fees that you must pay for merchant mariner document activities in this part.
(b) Unless otherwise specified in this part, when two documents are processed on the same application—
(1)
(2)
(3)
(c) You may pay—
(1) All fees required by this section when you submit your application; or
(2) A fee for each phase at the following times:
(i) An evaluation fee when you submit your application.
(ii) An examination fee before you take the first examination section.
(iii) An issuance fee before you receive your merchant mariner document.
(d) If you take your examination someplace other than a Regional Examination Center (REC), you must pay the examination fee to the REC at least one week before your scheduled examination date.
(e) Unless the REC provides additional payment options, your fees may be paid as follows:
(1) Your fee payment must be for the exact amount.
(2) Make your check or money order payable to the U.S. Coast Guard, and write your social security number on the front of each check or money order.
(3) If you pay by mail, you must use either a check or money order.
(4) If you pay in person, you may pay with cash, check, or money order at Coast Guard units where Regional Examination Centers are located.
(f) The Coast Guard may assess charges for collecting delinquent payments or returned checks. The Coast Guard will not provide documentation services to a mariner who owes money for documentation services previously provided.
Any certificate of service or of efficiency or merchant mariner's document representing such certificate(s) is subject to suspension or revocation on the same grounds and in the same manner and with like procedure as is provided in the case of suspension or revocation of licenses of officers under the provisions of 46 U.S.C. Chapter 77.
(a) An applicant who has had a certificate or other document revoked and who is applying for certification in the same or any other rating shall state in his application the date of revocation and number or type of the document revoked.
(b) No applicant who has had a certificate or other document revoked will be certificated in the same or any other rating except upon approval of the Commanding Officer, National Maritime Center.
(a) If a seaman loses his continuous discharge book, merchant mariner's document or certificate of discharge by shipwreck or other casualty, he shall be supplied with a reissue of such documents free of charge. The phrase
(b) If a seaman loses a continuous discharge book, merchant mariner's document, or certificate of discharge otherwise than by shipwreck or other casualty and applies for a reissue, the appropriate fee set out in table 12.02-18 in § 12.02-18 is required.
(c) A person entitled to a duplicate merchant mariner's document, duplicate continuous discharge book, copies of certificates of discharge, or record of sea service may obtain the documents by applying at any Regional Examination Center listed in § 12.01-7 by:
(1) Completing the application form provided by the Coast Guard; and
(2) Paying the fee set out in table 12.02-18 in § 12.02-18.
(d) Each person issued a document described in § 12.02-5, shall report to an Officer in Charge, Marine Inspection, its loss.
(e) If a seaman's document or service record is missing, he may obtain a duplicate by following the procedures in paragraph (c) of this section and by:
(1) Signing an affidavit before the Officer in Charge, Marine Inspection, or his designated representative, that explains the loss of his document or service record; and
(2) Submitting at least two photographs for each duplicate document.
(f) No application from an alien for a duplicate merchant mariner's document shall be accepted unless the alien complies with the requirements of § 12.02-10.
Whenever a continuous discharge book, merchant mariners document, or certificate of discharge is reported to an Officer in Charge, Marine Inspection (OCMI), as having been stolen, lost, or destroyed, the OCMI shall immediately report the fact by letter to the Commanding Officer, National Maritime Center giving all the facts incident to its loss or destruction. By the same procedure the OCMI shall report the recovery of a continuous discharge book, merchant mariners document or certificate of discharge with all the facts incident to its recovery, and shall forward the recovered book, document, or discharge to the Commanding Officer, National Maritime Center.
Any person directly affected by a decision or action taken under this part, by or on behalf of the Coast Guard, may appeal therefrom in accordance with subpart 1.03 of this chapter.
(a)
(1) Each application must be on a Coast Guard furnished form and accompanied by the evaluation fee established in table 12.02-18 in § 12.02-18. An approved application is valid for 12 months.
(2) The applicant may apply in person at any Regional Examination Center listed in § 12.01-7 or may renew the merchant mariner's document by mail under paragraph (e)(3) of this section.
(3) The applicant shall submit the original or a photocopy of the merchant mariner's document to be renewed. A photocopy must include the front and back of the merchant mariner's document. If requested, the old document will be returned to the applicant.
(4) The expiration date of a merchant mariner's document that was issued without an expiration date is determined in accordance with § 12.02-29.
(5) Each applicant shall comply with § 12.02-09(b)(1) of this part.
(b)
(c)
(i) Present evidence of at least 1 year of sea service during the past 5 years;
(ii) Pass a comprehensive, open-book exercise covering the general subject matter required by this part for the applicable endorsement or pass an open-book license exercise that covers the same subject matter required for the MMD endorsement;
(iii) Complete an approved refresher training course; or,
(iv) Present evidence of employment in a position closely related to the operation, construction, or repair of vessels (either deck or engineer as appropriate for the endorsement) for at least 3 years during the past 5 years.
(2) There are no professional requirements for renewal of a merchant mariner's document that is not endorsed with any qualified ratings.
(d)
(2) If the Officer in Charge, Marine Inspection has reason to believe that an applicant suffers from some physical impairment or medical condition which would render the applicant incompetent to perform the duties of the qualified rating(s) (other than lifeboatman), the applicant may be required to submit the results of an examination by a licensed physician or physician assistant that meets the requirements for originally obtaining the rating(s).
(3) An applicant who has lost sight in one eye may renew a merchant mariner's document with qualified ratings, provided the applicant is qualified in all other respects and that the visual acuity in the remaining eye passes the test required in § 10.205(d) of this chapter.
(e)
(2)
(3)
(A) A properly completed application on a Coast Guard furnished form, and the evaluation fee required by table 12.02-18 in § 12.02-18.
(B) The document to be renewed, or, if it has not expired, a photocopy of the document, including the back.
(C) A certification from a licensed physician or physician assistant in accordance with paragraph (d) of this section.
(D) Evidence of, or acceptable substitute for, sea service in accordance with paragraph (c) of this section.
(ii) The open-book exercise, if required, may be administered through the mail.
(4)
(f)
(2) A merchant mariner's document without any qualified rating endorsements that has been expired more than 12 months shall be reissued in the same manner as a current merchant mariner's document. There are no additional requirements for reissuing merchant mariner's documents without qualified ratings that have been expired more than 12 months.
(g)
(2) Applications for renewal of a document with the continuity endorsement must include:
(i) The document to be renewed, or, if it is unexpired, a photocopy of the document including the back and,
(ii) A signed statement from the applicant attesting to an awareness of the restriction to be placed on the renewed document and of the requirements for rescinding the continuity endorsement.
The expiration year of a merchant mariner's document issued without an expiration date is calculated by adding 5-year increments to the issuance date of the document, up to the first applicable year falling between 1995 and 1999, inclusive. The day and month of expiration are the same as that of issuance. Table 12.02-29 is provided as an aid for calculating the expiration date of a document issued without an expiration date. A merchant mariner's document is not valid for use after the expiration date calculated under this section, but may be renewed in accordance with the requirements of § 12.02-27.
(a) When the training and assessment of competence required by part 10 of this chapter or by this part 12 are not subject to approval under § 10.302 of
(1) The training and assessment must have written, clearly defined objectives that emphasize specific knowledge, skills, and abilities, and that include criteria to be used in establishing a student's successful achievement of the training objectives.
(2) The training must be set out in a written syllabus that conforms to a Coast Guard-accepted outline for such training and includes—
(i) The sequence of subjects to be covered;
(ii) The number of hours to be devoted to instruction in relevant areas of knowledge;
(iii) The identity and professional qualifications of the instructor(s) to be conducting the training or providing instruction;
(iv) The identity of other media or facilities to be used in conducting the training; and
(v) Measurements at appropriate intervals of each candidate's progress toward acquisition of the specific knowledge, skills, and abilities stated in the training objectives.
(3) Except as provided in paragraph (a)(4) of this section, documentary evidence must be readily available to establish that all instructors—
(i) Have experience, training, or instruction in effective instructional techniques;
(ii) Are qualified in the task for which the training is being conducted; and
(iii) Hold the level of license, endorsement, or other professional credential required of those who would apply, on board a vessel, the relevant level of knowledge, skills, and abilities described in the training objectives.
(4) Neither a specialist in a particular field of non-maritime education, such as mathematics or first aid, nor a person with at least 3 years of service as a member of the Armed Forces of the United States, specializing in a particular field, need hold a maritime license or document to conduct training in that field.
(5) A simulator may be used in training if—
(i) The simulator meets applicable performance standards;
(ii) The instructor has gained practical operational experience on the particular type of simulator being used; and
(iii) The instructor has received appropriate guidance in instructional techniques involving the use of simulators.
(6) Essential equipment and instructional materials must afford each student adequate opportunity to participate in exercises and acquire practice in performing required skills.
(7) A process for routinely assessing the effectiveness of the instructors, including the use of confidential evaluations by students, is in place.
(8) Documentary evidence is readily available to establish that any evaluation of whether a student is competent in accordance with standards, methods, and criteria set out in part A of the STCW Code (incorporated by reference in § 12.01-3) is conducted by a designated examiner who has experience, training, or instruction in assessment techniques.
(9) Records of the student's performance are maintained for at least 1 year by the offeror of the training and assessment.
(10) To ensure that the training is meeting its objectives, and the requirements of paragraphs (a) (1) through (9) of this section, its offeror must either—
(i) Be regulated as a maritime academy or marine academy pursuant to 46 CFR part 310; or
(ii) Monitor it in accordance with a Coast Guard-accepted QSS, which must include the following features:
(A) The training must be provisionally certified, on the basis of an initial independent evaluation conducted under a Coast Guard-accepted QSS, as being capable of meeting its stated objective.
(B) The training must be periodically monitored in accordance with the schedule stipulated under the Coast Guard-accepted quality-standards system.
(C) Each person conducting the initial evaluation or the subsequent periodic monitoring of the training shall be knowledgeable about the subjects being evaluated or monitored and about the national and international requirements that apply to the training, and shall not himself or herself be involved in the training and assessment of students.
(D) Each person evaluating or monitoring the training shall enjoy convenient access to all appropriate documents and facilities, and opportunities both to observe all appropriate activities and to conduct confidential interviews when necessary.
(E) Arrangements must be such as to ensure that no person evaluating or monitoring the training is penalized or rewarded, directly or indirectly, by the sponsor of the training for making any particular observations or for reaching any particular conclusions.
(11) Each person conducting the initial evaluation under paragraph (a)(10)(ii)(A) of this section or the periodic monitoring of the training under paragraph (a)(10)(ii)(B) of this section shall communicate his or her conclusions to the Commanding Officer, National Maritime Center, NMC-4B, 4200 Wilson Boulevard, suite 510, Arlington, VA 22203-1804, within 1 month of the completion or the evaluation of the monitoring.
(12) Each offeror of the training shall let the Coast Guard or someone authorized by the Coast Guard observe the records of a student's performance and records otherwise relating to paragraphs (a) (1) through (10) of this section.
(b) The Coast Guard will maintain a list of training each of whose offerors submits a certificate, initially not less than 45 calendar days before offering training under this section, and annually thereafter, signed by the offeror or its authorized representative, stating that the training fully complies with requirements of this section, and identifying the Coast Guard-accepted QSS being used for independent monitoring. Training on this list will offer the training necessary for licenses and STCW endorsements under this part. The Coast Guard will update this list periodically and make it available to members of the public on request.
(c) If the Coast Guard determines, on the basis of observations or conclusions either of its own or of someone authorized by it to monitor the training, that particular training does not satisfy one or more of the conditions described in paragraph (a) of this section—
(1) The Coast Guard will so notify the offeror of the training by letter, enclosing a report of the observations and conclusions;
(2) The offeror may, within a period specified in the notice, either appeal the observations or conclusions to the Commandant (G-MS) or bring the training into compliance; and
(3) If the appeal is denied—or the deficiency is not corrected in the allotted time, or within any additional period judged by the Coast Guard to be appropriate, considering progress towards compliance—the Coast Guard will remove the training from the list maintained under paragraph (b) of this section until it can verify full compliance; and it may deny applications for licenses for STCW endorsement based in whole or in part on training not on the list, until additional training or assessment is documented.
(a) Every person employed in a rating as able seaman on any United States vessel requiring certificated able seamen, before signing articles of agreement, shall present to the master, his or her certificate as able seaman (issued in the form of a merchant mariner's document).
(b) No certificate as able seaman is required of any person employed on any tug or towboat on the bays and sounds connected directly with the seas, or on any unrigged vessel except seagoing barges or tank barges.
(c) The following categories of able seaman are established:
(1) Able Seaman—Any Waters, Unlimited.
(2) Able Seaman—Limited.
(3) Able Seaman—Special.
(4) Able Seaman—Special (OSV).
(a) To qualify for certification as able seaman an applicant must:
(1) Be at least 18 years of age;
(2) Pass the prescribed physical examination;
(3) Meet the sea service or training requirements set forth in this part;
(4) Pass an examination demonstrating ability as an able seaman and lifeboatman; and,
(5) Speak and understand the English language as would be required in performing the general duties of able seaman and during an emergency aboard ship.
(b) An STCW endorsement valid for any period on or after February 1, 2002, will be issued or renewed only when the candidate for certification as an able seaman also produces satisfactory evidence, on the basis of assessment of a practical demonstration of skills and abilities, of having achieved or maintained within the previous 5 years the minimum standards of competence for the following 4 areas of basic safety:
(1) Personal survival techniques as set out in table A-VI/1-1 of the STCW Code (incorporated by reference in § 12.01-3).
(2) Fire prevention and fire-fighting as set out in table A-VI/1-2 of the STCW Code.
(3) Elementary first aid as set out in table A-VI/1-3 of the STCW Code.
(4) Personal safety and social responsibilities as set out in table A-VI/1-4 of the STCW Code.
(c) An STCW endorsement valid for any period on or after February 1, 2002, will be issued or renewed only when the candidate for certification as able seamen meets the requirements of STCW Regulation II/4 and of Section A-II/4 of the STCW Code, if the candidate will be serving as a rating forming part of the navigational watch on a seagoing ship of 500 GT or more.
(a) All applicants for a certificate of service as able seaman shall be required to pass a physical examination given by a medical officer of the United States Public Health Service and present to the Officer in Charge, Marine Inspection, a certificate executed by the Public Health Service Officer. Such certificate shall attest to the applicant's acuity of vision, color sense, hearing, and general physical condition. In exceptional cases where an applicant would be put to great inconvenience or expense to appear before a medical officer of the United States Public Health Service, the physical examination and certification may be made by any other reputable physician.
(b) The medical examination for an able seaman is the same as for an original license as a deck officer as set forth in § 10.205 of this subchapter. If the applicant is in possession of an unexpired deck license, the Officer in Charge, Marine Inspection, may waive the requirement for a physical examination.
(a) The minimum service required to qualify an applicant for the various categories of able seaman is as listed in this paragraph.
(1) Able Seaman—Any Waters, Unlimited. Three years service on deck on vessels operating on the oceans or the Great Lakes.
(2) Able Seaman—Limited. Eighteen months service on deck in vessels of 100 gross tons or over which operate in a service not exclusively confined to the rivers and smaller inland lakes of the United States.
(3) Able Seaman—Special. Twelve months service on deck on vessels operating on the oceans, or the navigable waters of the United States including the Great Lakes.
(4) Able Seaman—Special (OSV). Six months service on deck on vessels operating on the oceans, or the navigable waters of the United States including the Great Lakes.
(5) After July 31, 1998, to receive an STCW endorsement for service as a
Employment considerations for the various categories of able seaman are contained in § 157.20-15 of this chapter.
(b) Training programs approved by the Commanding Officer, National Maritime Center, may be substituted for the required periods of service on deck as follows:
(1) A graduate of a school ship may be rated as able seaman upon satisfactory completion of the course of instruction. For this purpose,
(2) Training programs, other than those classified as a school ship, may be substituted for up to one third of the required service on deck. The service/training ratio for each program is determined by the Commanding Officer, National Maritime Center, who may allow a maximum of three days on deck service credit for each day of instruction.
(c) A certificate of service as
(d) A certificate of service as Able Seaman with the following route, vessel, or time restrictions is considered equivalent to a certificate of service as
(1)
(2)
(3)
(4)
(e) An individual holding a certificate of service endorsed as noted in paragraphs (c) or (d) of this section may have his or her merchant mariner's document endorsed with the equivalent category, upon request.
(a) Before an applicant is certified as an able seaman, he or she shall prove to the satisfaction of the Coast Guard by oral or other means of examination, and by actual demonstration, his or her knowledge of seamanship and the ability to carry out effectively all the duties that may be required of an able seaman, including those of a lifeboatman. The applicant shall demonstrate that he or she:
(1) Has been trained in all the operations connected with the launching of lifeboats and liferafts, and in the use of oars;
(2) Is acquainted with the practical handling of boats; and
(3) Is capable of taking command of the boat's crew.
(b) The examination, whether administered orally or by other means, must be conducted only in the English language and must consist of questions regarding:
(1) Lifeboats and liferafts, the names of their essential parts, and a description of the required equipment;
(2) The clearing away, swinging out, and lowering of lifeboats and liferafts, and handling of lifeboats under oars and sails, including questions relative to the proper handling of a boat in a heavy sea;
(3) The operation and functions of commonly used types of davits;
(4) The applicant's knowledge of nautical terms; boxing the compass, either by degrees or points according to his experience; running lights, passing signals, and fog signals for vessels on the
(5) The applicant's knowledge of commands in handling the wheel by obeying orders passed to him as
(c) In the actual demonstration, the applicant shall show his ability by taking command of a boat and directing the operation of clearing away, swinging out, lowering the boat into the water, and acting as coxswain in charge of the boat under oars. He shalldemonstrate his ability to row by actually pulling an oar in the boat. He shall also demonstrate knowledge of the principal knots, bends, splices, and hitches in common use by actually making them.
(c-1) The applicant must demonstrate to the satisfaction of the Officer in Charge, Marine Inspection, his knowledge of pollution laws and regulations, procedures for discharge containment and cleanup, and methods for disposal of sludge and waste material from cargo and fueling operations.
(d) Any person who is in valid possession of a certificate as able seaman endorsed,
(a) The holder of a merchant mariner's document endorsed for the rating of able seamen may serve in any unlicensed rating in the deck department without obtaining an additional endorsement;
(b) A merchant mariner's document endorsed as able seaman will also be considered a certificate of efficiency as lifeboatman without further endorsement.
(c) This type of document will describe clearly the type of able seaman certificate which it represents, e.g.: able seaman—any waters; able seaman—any waters, 12 months; able seaman—Great Lakes, 18 months; able seaman—on freight vessels, 500 gross tons or less on bays or sounds, and on tugs, towboats, and barges on any waters.
Every person employed in a rating as lifeboatman on any United States vessel requiring certificated lifeboatmen shall produce a certificate as lifeboatman or merchant mariner's document endorsed as lifeboatman or
(a) An applicant to be eligible for certification as lifeboatman must meet one of the following requirements:
(1) At least 1 year's sea service in the deck department, or at least 2 years' sea service in the other departments of ocean, coastwise, Great Lakes, and other lakes, bays, or sounds vessels.
(2) Graduation from a schoolship approved by and conducted under rules prescribed by the Commanding Officer, National Maritime Center.
(3) Satisfactory completion of basic training by a Cadet of the United States Merchant Marine Cadet Corps.
(4) Satisfactory completion of 3 years' training at the U.S. Naval Academy or the U.S. Coast Guard Academy including two training cruises.
(5) Satisfactory completion of a course of training approved by the Commanding Officer, National Maritime Center, and served aboard a training vessel.
(6) Successful completion of a training course, approved by the Commanding Officer, National Maritime Center, such course to include a minimum of 30 hours' actual lifeboat training;
(b) An applicant, to be eligible for certification as lifeboatman, shall be able to speak and understand the English language as would be required in the rating of lifeboatman and in an emergency aboard ship.
(c) An applicant shall be 18 years old to be certified as proficient in survival craft under STCW Regulation VI/2 (incorporated by reference in § 12.01-3).
(a) Before an applicant is certified as a lifeboatman, he or she shall prove to the satisfaction of the Coast Guard by oral or other means of examination, and by actual demonstration, his or her knowledge of seamanship and the ability to carry out effectively all the duties that may be required of a lifeboatman. The applicant shall demonstrate that he or she:
(1) Has been trained in all the operations connected with the launching of lifeboats and liferafts, and in the use of oars;
(2) Is acquainted with the practical handling of boats; and
(3) Is capable of taking command of the boat's crew.
(b) The examination, whether administered orally or by other means, must be conducted only in the English language and must consist of questions regarding:
(1) Lifeboats and liferafts, the names of their essential parts, and a description of the required equipment;
(2) The clearing away, swinging out, and lowering of lifeboats and liferafts, the handling of lifeboats under oars and sails, including questions relative to the proper handling of a boat in a heavy sea; and,
(3) The operation and functions of commonly used types of davits.
(c) The practical examination shall consist of a demonstration of the applicant's ability to carry out the orders incident to launching lifeboats, and the use of the boat's sail, and to row.
(d) After July 31, 1998, each applicant for a lifeboatman's certificate endorsed for proficiency in survival craft and rescue boats shall be not less than 18 years old and shall produce satisfactory evidence that he or she meets the requirements of STCW Regulation VI/2
A merchant mariner's document endorsed as able seaman is the equivalent of a certificate as lifeboatman or of an endorsement as lifeboatman and will be accepted as either of these wherever either is required by law;
(a) After July 31, 1998, each person engaged or employed as a lifeboatman proficient in fast rescue boats shall hold either a certificate of proficiency in these boats or a merchant mariner's document endorsed for proficiency in them.
(b) To be eligible for either a certificate of proficiency in fast rescue boats or a merchant mariner's document endorsed for proficiency in them, an applicant shall—
(1) Be qualified as a lifeboatman with proficiency in survival craft and fast rescue boats under this subpart; and
(2) Furnish satisfactory proof that he or she has met the requirements for training and competence of STCW Regulation, VI/2 (incorporated by reference in § 12.01-3), paragraph 2, and the appropriate requirements of Section A-VI/2 of the STCW Code.
After July 31, 1998, each person designated to provide medical first aid on board ship, or to take charge of medical care on board ship, shall hold documentary evidence attesting that the person has attended a course of training in medical first aid or medical care, as appropriate.
The Officer in Charge, Marine Inspection will issue such documentary evidence to the person, or endorse his or her license or document, on being satisfied that the training required under section 12.13-1 of this section establishes that he or she meets the standards of competence set out in STCW Regulation VI/4 and Section A-VI/4 of the STCW Code.
(a) Every person employed in a rating as qualified member of the engine department on any United States vessel requiring certificated qualified members of the engine department shall produce a certificate as qualified member of the engine department to the shipping commissioner, United States Collector or Deputy Collector of Customs, or master before signing articles of agreement.
(b) No certificate as qualified member of the engine department is required of any person employed on any unrigged vessel, except seagoing barges.
(a) A qualified member of the engine department is any person below the rating of licensed officer and above the rating of coal passer or wiper, who holds a certificate of service as such
(b) For purposes of administering this part the rating of
(c) An applicant, to be eligible for certification as qualified member of the engine department, shall be able to speak and understand the English language as would be required in the rating of qualified member of the engine department and in an emergency aboard ship.
(d) After July 31, 1998, an STCW endorsement valid for any period on or after February 1, 2002, will be issued or renewed only when the candidate for certification as a qualified member of the engine department also produces satisfactory evidence, on the basis of assessment of a practical demonstration of skills and abilities, of having achieved or maintained within the previous 5 years the minimum standards of competence for the following 4 areas of basic safety:
(1) Personal survival techniques as set out in table A-VI/1-1 of the STCW Code (incorporated by reference in § 12.01-3).
(2) Fire prevention and fire-fighting as set out in table A-VI/1-2 of the STCW Code.
(3) Elementary first aid as set out in table A-VI/1-3 of the STCW Code.
(4) Personal safety and social responsibilities as set out in table A-VI/1-4 of the STCW Code.
(e) After July 31, 1998 an STCW endorsement that is valid for any period on or after February 1, 2002, will be issued or renewed only when the candidate for certification as a qualified member of the engine department meets the standards of competence set out in STCW Regulation III/4 and Section A-III/4 of the STCW Code, if the candidate will be serving as a rating forming part of a watch in a manned engine-room, or designated to perform duties in a periodically unmanned engine-room, on a seagoing ship driven by main propulsion machinery of 750 kW [1,000 hp] propulsion power or more.
(a) An applicant for a certificate of service as a qualified member of the engine department shall present a certificate of a medical officer of the United States Public Health Service, or other reputable physician attesting that his eyesight, hearing, and physical condition are such that he can perform the duties required of a qualified member of the engine department.
(b) The medical examination for qualified member of the engine department is the same as for an original license as engineer, as set forth in § 10.205 of this subchapter. If the applicant is in possession of an unexpired license, the Officer in Charge, Marine Inspection, may waive the requirement for a physical examination.
(c) An applicant holding a certificate of service for a particular rating as qualified member of the engine department and desiring certification for another rating covered by this same form of certificate may qualify therefor without a physical examination unless the Officer in Charge, Marine Inspection, finds that the applicant obviously suffers from some physical or mental infirmity to a degree that would render him incompetent to perform the ordinary duties of a qualified member of the engine department. In this event the applicant shall be required to undergo an examination to determine his competency.
(a) An applicant for a certificate of service as qualified member of the engine department shall furnish the Coast Guard proof of qualification based on six months' service in a rating at least equal to that of wiper or coal passer.
(b) Training programs approved by the Commanding Officer, National Maritime Center, may be substituted for the required service at sea in accordance with the following:
(1) A graduate of a school ship may be rated as qualified member of the engine department upon satisfactory completion of the course of instruction. For this purpose,
(2) Training programs other than those classified as a school ship may be substituted for up to one-half of the required service at sea.
(c) To qualify to receive an STCW endorsement for service as a “rating forming part of a watch in a manned engine-room or designated to perform duties in a periodically unmanned engine-room” on a seagoing vessel driven by main propulsion machinery 750 kW [1,000 hp] propulsion power or more, an applicant shall prove seagoing service that includes training and experience associated with engine-room watchkeeping and involves the performance of duties carried out under the direct supervision of a qualified engineer officer or a member of a qualified rating. The training must establish that the applicant has achieved the standard of competence prescribed in table A-III/4 of the STCW Code (incorporated by reference in § 12.01-3), in accordance with the methods of demonstrating competence and the criteria for evaluating competence specified in that table.
(a) Each applicant for certification as a qualified member of the engine department in the rating of oiler, watertender, fireman, deck engineer, refrigeration engineer, junior engineer, electrician, or machinist shall be examined orally or by other means and only in the English language on the subjects listed in paragraph (b) of this section. The applicant's general knowledge of the subjects must be sufficient to satisfy the examiner that he is qualified to perform the duties of the rating for which he makes application.
(b) List of subjects required:
(c) Each applicant for certification as a qualified member of the engine department in the rating of pumpman shall, by oral or other examination, demonstrate sufficient knowledge of the subjects peculiar to that rating to satisfy the Officer in Charge, Marine Inspection, that he or she is qualified to perform the duties of that rating.
(d) Applicants for certification as qualified members of the engine department in the rating of deck engine mechanic or engineman, who have proved eligibility for such endorsement under either § 12.15-13 or § 12.15-15, will not be required to take a written or oral examination for such ratings.
The holder of a merchant mariner's document endorsed with one or more qualified member of the engine department ratings may serve in any unqualified rating in the engine department
(a) Refrigerating engineer.
(b) Oiler.
(c) Deck engineer.
(d) Fireman/Watertender.
(e) Junior engineer.
(f) Electrician.
(g) Machinist.
(h) Pumpman.
(i) Deck engine mechanic.
(j) Engineman.
(a) An applicant for a certificate as
(1) Satisfactory documentary evidence of sea service of 6 months in the rating of
(2) Documentary evidence from an operator of an automated vessel that he has completed satisfactorily at least 4 weeks indoctrination and training in the engine department of an automated steam vessel of 4,000 horsepower or over; or,
(3) Satisfactory completion of a course of training for
(b) The Officer in Charge, Marine Inspection, who is satisfied that an applicant for the rating of
(c) Any holder of a merchant mariner's document endorsed for
(a) An applicant for a certificate as
(1) Satisfactory documentary evidence of sea service of 6 months in any one or combination of
(2) Documentary evidence from an operator of a
(3) Satisfactory completion of a course of training for
(b) The Officer in Charge, Marine Inspection, who is satisfied that an applicant for the rating of
(c) Any holder of a merchant mariner's document endorsed for
Every person employed in a rating other than able seaman or qualified member of the engine department of U.S. merchant vessels requiring such certificated persons shall produce a merchant mariner's document to the master, or person in charge if appropriate, before signing a shipping articles agreement.
(a) Merchant mariner's documents shall be issued without professional examination to applicants for certificates of service as endorsements on merchant mariner's documents in capacities other than able seaman, lifeboatman, tankerman or qualified member of the engine department and shall be endorsed for one or more ratings. For example,
(b) When the holder of a merchant mariner's document has qualified as a food handler, the endorsement of his rating will be followed by the further indorsement
No applicant for a rating authorizing the handling of food will be certificated unless he produces a certificate from a medical officer of the United States Public Health Service, or other reputable physician stating that the applicant is free from communicable disease.
No ratings other than cadet (deck) or cadet (engine) as appropriate, and lifeboatman shall be shown on a merchant mariner's document issued to a member of the U.S. Merchant Marine Cadet Corps. The merchant mariner's document shall also be stamped
Students in technical schools who are enrolled in courses in marine management and ship operations who present a letter or other documentary evidence that they are so enrolled shall be issued a merchant mariner's document as
(a) Persons enrolled in an apprentice engineer training program approved by the Commanding Officer, National Maritime Center, and who present a letter or other documentary evidence that they are so enrolled may be issued a merchant mariner's document as apprentice engineer and may be signed on ships as such. The endorsement apprentice engineer may be in addition to other endorsements. However, this endorsement of apprentice engineer does not authorize the holder to fill any of the regular ratings.
(b) Persons holding merchant mariner's documents with the endorsement apprentice engineer shall be deemed to be seamen.
A person enrolled in an apprentice mate training program approved by the Commanding Officer, National Maritime Center who presents a letter or other documentary evidence that he is so enrolled may be issued a merchant mariner's document as apprentice mate and may be signed on ships as apprentice mate. The endorsement
An applicant is eligible to have his or her STCW certificate or endorsement include a statement of qualification as GMDSS At-sea Maintainer if he or she holds sufficient evidence of having completed a training program that covers at least the scope and content of training outlined in Section B-IV/2 of the STCW Code (incorporated by reference in § 12.01-3) for training in maintenance of GMDSS installations on board vessels.
The purpose of the regulations in this subpart is to establish requirements for certification of seamen serving on roll-on/roll-off (Ro-Ro) passenger ships.
To serve on a Ro-Ro passenger ship after January 31, 1997, a person holding an MMD and performing duties toward safety, cargo-handling, or care for passengers shall meet the appropriate requirements of STCW Regulation V/2 and of Section A-V/2 of the STCW Code (incorporated by reference in § 12.01-3), and hold documentary evidence to show his or her meeting these requirements.
The rules in this subpart establish requirements for the certification of seamen serving on passenger ships as defined in § 12.35-3.
If you are an unlicensed person, then, before you may serve on a passenger ship and perform duties that involve safety or care for passengers, you must—
(a) Meet the appropriate requirements of the STCW Regulation V/3 and of section A-V/3 of the STCW Code (incorporated by reference in § 12.01-3); and
(b) Hold documentary evidence to show that you do meet these requirements through approved or accepted training.
46 U.S.C. 3703, 7317, 8105, 8703, 9102; 49 CFR 1.46.
This part describes the various tankerman endorsements issued by the Coast Guard and prescribes the requirements for obtaining an endorsement as a “Tankerman-PIC,” “Tankerman-PIC (Barge),” “Tankerman-Assistant,” or “Tankerman-Engineer” to a merchant mariner's document.
As used in this part:
(a) Is a vessel of the United States;
(b) Operates on the navigable waters of the United States; or
(c) Transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States.
(a) This section lists the control numbers assigned by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1980 [Pub. L. 96-511] for the reporting and recordkeeping requirements in this part.
(b) OMB has assigned the following control numbers to the sections indicated:
(1) OMB 2115-0514—46 CFR 13.113, 13.115, 13.117, 13.201, 13.203, 13.205, 13.301, 13.303, 13.305, 13.401, 13.403, 13.405, 13.501, 13.503, 13.505.
(2) OMB 2115-0111—46 CFR 13.121, 13.207, 13.209, 13.307, 13.309, 13.407, 13.409, 13.507, 13.509.
(a) If an applicant meets the requirements of subpart B of this part, the OCMI at an REC may endorse his or her MMD as “Tankerman-PIC” with the appropriate cargo classification or classifications. A person holding this endorsement and meeting the other requirements of 33 CFR 155.710(a) may act as a PIC of a transfer of fuel oil, of a transfer of liquid cargo in bulk, or of cargo-tank cleaning on any tank vessel. That person may also act as a Tankerman-Engineer, provided that he or she also holds an engineer's license.
(b) If an applicant meets the requirements of subpart C of this part, the OCMI at an REC may endorse his or her MMD as “Tankerman-PIC (Barge)” with the appropriate cargo classification or classifications. A person holding this endorsement and meeting the other requirements of 33 CFR 155.710(b) may act as a PIC of a transfer of liquid cargo in bulk only on a tank barge.
(c) If an applicant meets the requirements of subpart D of this part, the OCMI at an REC may endorse his or her MMD as “Tankerman-Assistant” with the appropriate cargo classification or classifications. No person holding this endorsement may act as a PIC of any transfer of fuel oil, of any transfer of liquid cargo in bulk, or of cargo-tank cleaning unless he or she also holds an endorsement authorizing service as PIC. He or she may, however, without being directly supervised by the PIC, perform duties relative to cargo and cargo-handling equipment assigned by the PIC of transfers of fuel oil, of transfers of liquid cargo in bulk, or of cargo-tank cleaning. When performing these duties, he or she shall maintain continuous two-way voice communications with the PIC.
(d) If an applicant meets the requirements of subpart E of this part, the OCMI at an REC may endorse his or her MMD as Tankerman-Engineer. No person holding this endorsement may act as a PIC or “Tankerman-Assistant” of any transfer of fuel oil, of any transfer of liquid cargo in bulk, or of cargo-tank cleaning unless he or she also holds an endorsement authorizing such service. A person holding this endorsement and acting in this capacity has the primary responsibility, on his or her self-propelled tank vessel carrying DL or LG, for maintaining both the cargo systems and equipment for transfer of liquids in bulk and the bunkering systems and equipment. No person licensed under part 10 of this chapter may serve as a chief engineer, first assistant engineer, or cargo engineer aboard an inspected self-propelled tank vessel when liquid cargo in bulk or cargo residue is carried unless he or she holds this endorsement or equivalent.
(e) If an applicant meets the requirements of § 13.111, the OCMI at an REC may place on his or her MMD an endorsement as a “Tankerman-PIC” restricted according to the definitions of “restricted Tankerman endorsement” in § 13.103.
(f) A tankerman wishing to obtain an endorsement that he or she does not hold shall apply at an REC listed in § 10.105 of this chapter. If he or she meets all requirements for the new endorsement, the REC may issue a new MMD including the endorsement.
(g) This section does not apply to any person solely by reason of his or her involvement in bunkering or fueling.
(a) Each tankerman endorsement described in § 13.107 will expressly limit the holder's service under it to transfers involving one or both of the following cargo classifications:
(1) Dangerous liquid (DL).
(2) Liquefied gas (LG).
(b) No tankerman endorsement is necessary to transfer the liquid cargoes in bulk listed in Table 2 of Part 153 of this chapter when those cargoes are carried on barges not certified for ocean service.
(c) A tankerman having qualified in one cargo classification and wishing to qualify in another shall apply at an REC listed in § 10.105 of this chapter. If he or she meets all requirements for
(a) An applicant may apply at an REC listed in 46 CFR 10.105 for a tankerman endorsement restricted to specific cargoes, specific vessels or groups of vessels (such as uninspected towing vessels and Oil Spill Response Vessels), specific facilities, specific employers, or otherwise as the OCMI deems appropriate. The OCMI will evaluate each application and may modify the applicable requirements for the endorsement, allowing for special circumstances and for whichever restrictions the endorsement will state.
(b) To qualify for a restricted “Tankerman-PIC” endorsement, an applicant shall meet §§ 13.201, excluding paragraph (f); 13.203; and 13.205.
(1) Twenty-five percent of the service described in § 13.203(a) must have occurred within the past five years.
(2) Two of the transfers described in § 13.203(b) must have occurred within the past five years.
(c) To qualify for a restricted “Tankerman-PIC (Barge)” endorsement, an applicant shall meet §§ 13.301, excluding paragraph (f); and 13.305.
(1) Twenty-five percent of the service described in § 13.303(a) must have occurred within the past five years.
(2) Two of the transfers described in § 13.303(b) must have occurred within the past five years.
(d) To qualify for a restricted “Tankerman-PIC (Barge)” endorsement restricted to a tank-cleaning and gas-freeing facility, an applicant shall—
(1) Be at least 18 years old;
(2) Apply on a Coast Guard form;
(3) Present evidence of passing a physical examination in accordance with § 13.125;
(4) Present evidence in the form of a letter on company letterhead from the operator of the facility stating that OSHA considers the applicant a “competent person” for the facility and that the applicant has the knowledge necessary to supervise tank-cleaning and gas-freeing; and
(5) Be capable of speaking and understanding, in English, all instructions needed to commence, conduct, and complete a transfer of cargo, and of reading the English found in the Declaration of Inspection, vessel response plans, and Cargo Information Cards.
(e) The restricted “Tankerman-PIC (Barge)” endorsement restricted to a tank-cleaning and gas-freeing facility is valid only while the applicant is employed by the operator of the facility that provided the letter of service required by paragraph (d)(4) of this section, and this and any other appropriate restrictions will appear in the endorsement.
(f) Because the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), does not recognize restricted Tankerman-PIC endorsements, persons may act under these only aboard vessels conducting business inside the Boundary Line.
(a) A person who holds a license issued under part 10 of this chapter, and who as a PIC transferred liquid cargoes in bulk before March 31, 1996, may continue to serve as a “Tankerman-PIC” under the license until the first renewal of his or her MMD under § 12.02-27 of this chapter that occurs after March 31, 1997, or, if he or she holds no MMD, until the first renewal of his or her license that occurs after March 31, 1997, as follows:
(1) A person holding a current license issued under part 10 of this chapter may act as a “Tankerman-PIC” if he or she can produce a letter on company letterhead from the owner, operator, master, or chief engineer of the vessel that proves his or her qualifying service as required by paragraph (d)(1)(iii) of this section.
(2) A person that cannot produce a letter to prove his or her qualifying service may submit relevant evidence to an REC for evaluation. If the OCMI determines that the person does qualify under paragraph (a) of this section, the OCMI will issue a letter of acknowledgment as a substitute for a letter of service.
(b) A person who holds a current “Tankerman” endorsement issued before March 31, 1996, may continue to serve as a Tankerman-PIC (Barge) until the first renewal of his or her MMD under § 12.02-27 of this chapter that occurs after March 31, 1997. If a person with such an endorsement qualifies for a non-tankerman endorsement that requires a new MMD, he or she may bring the tankerman endorsement forward onto the new MMD.
(c) A person who served as PIC for the transfer of liquid cargoes in bulk listed in subchapter O of this chapter but who did not require a tankerman endorsement, because the cargoes were non-flammable or non-combustible, may act as a “Tankerman-PIC (Barge)” for those liquid cargoes until March 31, 2001, if he or she produces a letter—on company letterhead, from the owner or operator of a terminal or of a tank barge or from the owner, operator, or master of a self-propelled tank vessel—that proves his or her qualifying service as required by paragraph (e)(1)(iii) of this section.
(d) A person who qualifies under paragraph (a) of this section by holding a current license may apply for a “Tankerman-PIC” or a “Tankerman-PIC (Barge)” endorsement under this subpart.
(1) To qualify for a “Tankerman-PIC” endorsement, a licensed officer shall present—
(i) A certificate of completion from a course in shipboard firefighting approved by the Commandant and meeting the basic firefighting section of the IMO's Resolution A.437(XI), “Training of Crews in Fire Fighting,” or a certificate of completion from a firefighting course before March 31, 1996, that the OCMI finds in substantial compliance with that section;
(ii) Either—
(A) A certificate of completion from a liquid-cargo course in DL or LG approved by the Commandant, appropriate to the endorsement applied for, or a certificate of completion from a liquid-cargo course in DL or LG up to ten years before March 31, 1996, that the OCMI finds acceptable under § 13.121(d) and Table 13.121(f), appropriate to the endorsement applied for; or
(B) A letter on company letterhead from the applicant's employer stating that the applicant has successfully completed the approved training discussed in § 13.121 (i) or (j); and
(iii) Evidence of service as follows:
(A) A letter on company letterhead from the owner, operator, master, or chief engineer of the vessel attesting that the applicant—
(
(
(B) Certificates of discharge proving at least 90 days of service as master or mate on self-propelled tank vessels certified to carry DL or LG, appropriate to the endorsement applied for, before March 31, 1996, with at least one discharge date within the last 5 years.
(2) To qualify for a “Tankerman-PIC (Barge)” endorsement, a licensed officer shall present—
(i) Either—
(A) A certificate of completion from a course in shipboard firefighting described in paragraph (d)(1)(i) of this section, or from a course in tank-barge firefighting approved by the Commandant; or
(B) A letter on company letterhead from the owner, operator, master, or chief engineer of a tank vessel attesting that before March 31, 1996, the applicant received training in awareness of hazards due to flammability and in firefighting through a program, lecture, or seminar that included hands-on firefighting that the OCMI finds in substantial compliance with § 13.121(g);
(ii) Either—
(A) A certificate of completion from a liquid-cargo course in DL or LG for tankships or tank barges approved by
(B) A certificate of completion from a liquid-cargo course in DL or LG for tankships or tank barges up to 10 years before March 31, 1996, that the OCMI determines substantially covers the material required by Table 13.121(f); or
(C) A letter on company letterhead from the applicant's employer stating that the applicant has successfully completed the approved training discussed in § 13.121(i) or (j); and
(iii) Evidence either—
(A) Of service that satisfies paragraph (d)(1)(iii) of this section, except that for paragraphs (d)(1)(iii) (A)(2) and (B) 60 days of service on any tank vessel are enough; or
(B) On company letterhead, from the owner or operator of a terminal, or of a tank barge, of service attesting that the applicant both acted as the PIC of the transfer of DL or LG, appropriate to the endorsement applied for, on tank barges, before March 31, 1996, and accumulated two transfers on tank barges within the last 10 years.
(3) To qualify for a restricted endorsement based on grades of cargo handled, a mariner shall—
(i) For a restricted “Tankerman-PIC” endorsement, meet paragraphs (d)(1) (i) and (iii) of this section; or
(ii) For a restricted “Tankerman-PIC (Barge)” endorsement, meet paragraphs (e)(1) (i) and (iii) of this section.
(e) A person who qualifies under paragraph (b) of this section by holding a current “Tankerman” endorsement or under paragraph (c) of this section by having served as PIC for the transfer of liquid cargoes in bulk that are listed in subchapter O but that did not require a tankerman endorsement may apply for a “Tankerman-PIC (Barge)” endorsement under this subpart.
(1) To qualify for a “Tankerman-PIC (Barge)” endorsement, an applicant shall present—
(i) Evidence of training in firefighting in the form of—
(A) A certificate of completion from a course in shipboard firefighting approved by the Commandant and meeting the basic firefighting section of the IMO's Resolution A.437 (XI), “Training of Crews in Fire Fighting”, or a certificate of completion from such a course before March 31, 1996, that the OCMI finds in substantial compliance with that section;
(B) A certificate of completion from a training course meeting § 13.121 in tank-barge firefighting or a certificate of completion from a course in tank-barge firefighting before March 31, 1996, that the OCMI finds in substantial compliance with § 13.121; or
(C) A letter on company letterhead from the owner, operator, master, or chief engineer attesting that before March 31, 1996, the applicant received training in awareness of flammability hazards and in firefighting through a program, lecture, or seminar that included hands-on firefighting that the OCMI finds in substantial compliance with § 13.121;
(ii) Either—
(A) A certificate of completion from a liquid-cargo course in DL or LG approved by the Commandant up to 10 years before March 31, 1996, appropriate to the endorsement applied for;
(B) A certificate of completion from a liquid-cargo course in DL or LG up to 10 years before March 31, 1996, that the OCMI determines substantially covers the material required by Table 13.121(f); or
(C) A letter on company letterhead from the applicant's employer stating that the applicant has successfully completed the approved training discussed in § 13.121 (i) or (j); and
(iii) Evidence on company letterhead from the owner, operator, master, or chief engineer of the vessel, or from the owner or operator of a terminal or of a tank barge, of service attesting that the applicant both acted as the PIC of the transfer of DL or LG, appropriate to the endorsement applied for on self-propelled tank vessels or on tank barges, before March 31, 1996, and accumulated two transfers on self-propelled tank vessels or on tank barges within the last 10 years.
(2) To qualify for a restricted “Tankerman-PIC (Barge)” endorsement, based on his or her cargo-handling experience for the grades handled, an applicant shall meet all the requirements of paragraphs (e)(1) (i) and (iii) of this section.
(f) Each person qualifying under this section shall obtain a tankerman endorsement at the first renewal of his or her MMD under § 12.02-27 of this chapter that occurs after March 31, 1997, except that each person qualifying under paragraph (c) of this section shall obtain the endorsement by March 31, 2001.
(g) The following table relates the experience and training to the endorsement for tankerman certified under prior regulations. The section numbers on the table refer to the specific requirements applicable.
A licensed person with at least 30 days of service as chief engineer, first assistant engineer, or cargo engineer on one or more tankships or self-propelled tank vessels before March 31, 1996, may, at any time until the first renewal of his or her MMD under § 12.02-27 of this chapter that occurs after March 31, 1997, apply for a “Tankerman-Engineer” endorsement under this subpart if he or she presents—
(a) Either—
(1) A letter on company letterhead from the owner, operator, master, or chief engineer of the vessel attesting that the applicant served at least 30 days as chief engineer, first assistant engineer, or cargo engineer on tankships or self-propelled tank vessels certified to carry DL or LG, appropriate to the endorsement applied for, before March 31, 1996, and has so served within the last 5 years; or
(2) Certificates of Discharge proving at least 30 days of service as chief engineer, first assistant engineer, or cargo engineer on tankships or self-propelled tank vessels certified to carry DL or LG, appropriate to the endorsement applied for before March 31, 1996, with a discharge date within the last 5 years; and
(b) Either—
(1) A certificate of completion from a liquid-cargo course in DL or LG for tankships approved by the Commandant, appropriate to the endorsement applied for;
(2) A certificate of completion from a liquid-cargo course in DL or LG for tankships up to 10 years before March 31, 1996, that the OCMI determines substantially covers the material covered by Table 13.121(f); or
(3) A letter on company letterhead from the applicant's employer stating that the applicant has successfully
An applicant with unlicensed deck service on tankships or self-propelled tank vessels before March 31, 1996, may, at any time until the first renewal of his or her MMD under § 12.02-27 of this chapter that occurs after March 31, 1997, apply for a “Tankerman-Assistant” endorsement under this subpart if he or she presents either—
(a) A letter on company letterhead from the owner, operator, or master of the vessel attesting that the applicant performed at least 30 days of deck service or service as a pumpman of tankships or self-propelled tank vessels certified to carry DL or LG appropriate to the endorsement applied for before March 31, 1996, and has so performed within the last 5 years;
(b) Certificates of Discharge proving at least 30 days of deck service or of service as a pumpman on tankships or self-propelled tank vessels certified to carry DL or LG, appropriate to the endorsement applied for, before March 31, 1996, with a discharge date within the last 5 years; or
(c) A certificate of completion from a tanker-familiarization course approved by the Commandant.
An endorsement as tankerman is valid for the duration of the MMD.
An applicant wishing to renew a tankerman's endorsement shall meet the requirements of § 12.02-27 of this chapter for renewing an MMD and prove either participation in at least two transfers within the last 5 years in accordance with § 13.127(b) or completion of an approved course as described in § 10.304.
(a) This section prescribes the requirements, beyond those in §§ 10.203 and 10.303 of this chapter, applicable to schools offering courses required for a tankerman endorsement and courses that are a substitute for experience with transfers of liquid cargo in bulk required for the endorsement.
(b) Upon satisfactory completion of an approved course, each student shall receive a certificate, signed by the head of the school offering the course or by a designated representative, indicating the title of the course, the duration, and, if appropriate, credit allowed towards meeting the transfer requirements of this part.
(c) A course that uses simulated transfers to train students in loading and discharging tank vessels may replace up to 2 loadings and 2 discharges, 1 commencement and 1 completion of loading, and 1 commencement and 1 completion of discharge required for a Tankerman-PIC or Tankerman-PIC (Barge) endorsement. The request for approval of the course must specify those segments of a transfer that the course will simulate. The letter from the Coast Guard approving the course will state the number and kind of segments that the course will replace.
(d) The course in liquid cargo required for an endorsement as—
(1) “Tankerman-PIC DL” is Tankship: Dangerous Liquids;
(2) “Tankerman-PIC (Barge) DL” is Tank Barge: Dangerous Liquids;
(3) “Tankerman-PIC LG” is Tankship: Liquefied Gases;
(4) “Tankerman-PIC (Barge) LG” is Tank Barge: Liquefied Gases;
(5) “Tankerman-Assistant DL” is Familiarization with DL Tankship; and
(6) “Tankerman-Assistant LG” is Familiarization with LG Tankship.
(e) The course in firefighting required for an endorsement as—
(1) “Tankerman-PIC (Barge)” is Tank Barge: Firefighting; and
(2) “Tankerman-PIC”, “Tankerman-Assistant”, and “Tankerman-Engineer” is a firefighting course that meets the basic firefighting section of the IMO's Resolution A.437 (XI), “Training of Crews in Fire Fighting”.
(f) No school may issue a certificate unless the student has successfully completed an approved course with the appropriate curriculum outlined in Table 13.121(f) or § 13.121(h).
(g) An organization with a course in DL or LG or a course in tank-barge firefighting taught before March 31, 1996, that substantially covered the material required by Table 13.121(f) for liquid cargoes, Table 13.121(g) for firefighting, or § 13.121(h) for familiarization with tankships, may seek approval under § 10.302 of this chapter from the Coast Guard for any course taught up to ten years before March 31, 1996.
(h) The Coast Guard will evaluate the curricula of courses for Familiarization with DL and LG Tankships to ensure adequate coverage of the required subjects. Training may employ classroom instruction, demonstrations, or simulated or actual operations.
(1) The curricula of courses for Familiarization with DL Tankships must consist of the following:
(i) General characteristics, compatibility, reaction, firefighting, and safety precautions for bulk liquid cargoes defined as DL in this part.
(ii) Terminology of tankships carrying oil and other chemicals.
(iii) General arrangement and construction of cargo tanks, vapor control, and venting.
(iv) Cargo-piping systems and valves.
(v) General operation of cargo pumps.
(vi) General discussion of the following operations connected with the loading and discharging of cargo:
(A) Pre-transfer inspection and conference and Declaration of Inspection.
(B) Lining up of the cargo and vapor-control systems and starting of liquid flow.
(C) Connecting and disconnecting of cargo hoses and loading arms.
(D) Loading.
(E) Ballasting and de-ballasting.
(F) Discharging.
(G) Tank-gauging (open and closed).
(vii) Rules of the Coast Guard governing operations in general and prevention of pollution in particular.
(viii) Prevention and control of pollution.
(ix) Emergency procedures.
(x) Safety precautions relative to:
(A) Entering cargo tanks and pump room.
(B) Dangers of contact with skin.
(C) Inhalation of vapors.
(D) Protective clothing and equipment.
(E) Hot work.
(F) Precautions respecting electrical hazards, including hazards of static electricity.
(xi) General principles and procedures of Crude-Oil Washing (COW) Systems and inert-gas systems.
(xii) Tank-cleaning procedures and precautions.
(xiii) Principles and procedures of vapor-control systems.
(xiv) Cargo-hazard-information systems.
(2) To ensure adequate coverage of the required subjects, training may employ classroom instruction, demonstrations, or simulated or actual operations. The curricula of courses for Familiarization with LG Tankships must consist of the following:
(i) General characteristics, compatibility, reaction, firefighting, and safety precautions for cargoes defined as LG in this part.
(ii) Terminology of tankships carrying LG.
(iii) Physical properties of LG.
(iv) Potential hazards and safety precautions of LG:
(A) Combustion characteristics.
(B) Hot work.
(C) Results of release of LG to the atmosphere.
(D) Health hazards (skin contact, inhalation, and ingestion).
(E) Protective clothing and equipment.
(F) Tank-entry procedures and precautions.
(G) Thermal stresses.
(H) Precautions respecting electrical hazards, including hazards of static electricity.
(v) Cargo-containment systems.
(vi) General arrangement and construction of cargo tanks.
(vii) Cargo-piping systems and valves.
(viii) Instrumentation:
(A) Cargo-level indicators.
(B) Gas-detecting systems.
(C) Systems for monitoring temperatures of hulls and cargoes.
(D) Automatic shut-down systems.
(ix) Heating systems for cofferdams and ballast tanks.
(x) General discussion of the following operations connected with the loading and discharging of cargo:
(A) Pre-transfer inspection and conference and Declaration of Inspection.
(B) Lining up of the cargo and vapor-control systems and starting of liquid flow.
(C) Connecting and disconnecting of cargo hoses and loading arms.
(D) Loading.
(E) Ballasting and de-ballasting.
(F) Discharging.
(xi) Disposal of boil-off.
(xii) Emergency procedures.
(xiii) Rules of the Coast Guard governing operations in general and prevention of pollution in particular.
(xiv) Principles and procedures of IGSs.
(xv) Tank-cleaning procedures and precautions.
(xvi) Principles and procedures of vapor-control systems.
(xvii) Cargo-hazard-information systems.
(i) A company that offers approved DL training for its employees shall ensure discussion of the following topics (further discussed in STCW Regulation V, Section A-V/1, paragraphs 9 through 21):
(1) Treaties and rules.
(2) Design and equipment.
(3) Cargo characteristics.
(4) Ship operations.
(5) Repair and maintenance.
(6) Emergency procedures.
(j) A company that offers approved LG training for its employees shall ensure discussion of the following topics (further discussed in STCW Regulation V, Section A-V/1, paragraphs 22 through 34):
(1) Treaties and rules.
(2) Chemistry and physics.
(3) Health hazards.
(4) Cargo containment.
(5) Pollution.
(6) Cargo-handling systems.
(7) Ship operations.
(8) Safety practices and equipment.
(9) Emergency procedures.
(10) General principles of cargo operations.
An applicant for an original tankerman endorsement in subpart B, C, D, or E of this part shall have obtained at least 25% of the qualifying service and, if the endorsement requires transfers, at least two of the qualifying transfers, within five years of the date of application.
Each applicant for an original tankerman endorsement shall meet the physical requirements of § 10.205(d) of this chapter, excluding paragraph (d)(2) of that section.
(a) A service letter must be signed by the owner, operator, master, or chief engineer of the vessel and must specify—
(1) The classification of cargo (DL, LG, or, for a restricted endorsement, a specific product) handled while the applicant accumulated the service;
(2) The dates, the number and kinds of transfers the applicant has participated in, and the number of transfers that involved commencement or completion; and
(3) That the applicant has demonstrated to the satisfaction of the signer that he or she is fully capable of supervising transfers of liquid cargo, including
(i) Pre-transfer inspection;
(ii) Pre-transfer conference and execution of the Declaration of Inspection;
(iii) Connection of cargo hoses or loading-arms;
(iv) Line-up of the cargo system for loading and discharge;
(v) Start of liquid flow during loading;
(vi) Start of cargo pump and increase of pressure to normal discharge pressure;
(vii) Calculation of loading-rates;
(viii) Monitoring;
(ix) Topping-off of cargo tanks during loading;
(x) Stripping of cargo tanks;
(xi) Ballasting and deballasting, if appropriate;
(xii) Disconnection of the cargo hoses or loading-arms; and
(xiii) Securing of cargo systems.
(b) In determining the numbers and kinds of transfers that the applicant has participated in under paragraph (a)(2) of this section, the following rules apply:
(1) A transfer must involve the loading or discharge from at least one of the vessel's cargo tanks to or from a shore facility or another vessel. A shift of cargo from one tank to another tank is not a transfer for this purpose.
(2) Regardless of how long the transfer lasts beyond four hours, it counts as only one transfer.
(3) A transfer must include both a commencement and a completion.
(4) Regardless of how many tanks or products are being loaded or discharged at the same time, a person may receive credit for only one transfer, one loading, and one discharge a watch.
(5) Credit for a transfer during a watch of less than four hours accrues only if the watch includes either the connection and the commencement of transfer or the completion of transfer and the disconnection.
(6) Credit for a commencement of loading accrues only if the applicant participates in the pre-transfer inspection, the pre-transfer conference including execution of the Declaration of Inspection, the connection of cargo hoses or loading-arms, the line-up of the cargo system for the loading, the start of liquid flow, and the calculation of loading-rates, where applicable.
(7) Credit for a commencement of discharge accrues only if the applicant participates in the pre-transfer inspection, the pre-transfer conference including execution of the Declaration of Inspection, the connection of cargo hoses or loading-arms, the line-up of the cargo system for the discharge, the start of the cargo pump or pumps and increase of pressure to normal pressure for discharge, and the monitoring of discharge rates.
(8) Credit for a completion of transfer, whether loading or discharge, accrues only if the applicant participates in the topping-off at the loading port, or in the stripping of cargo tanks and the commencement of ballasting, if required by the vessel's transfer procedures, at the discharge port.
(9) Personnel desiring credit for transfers during off-duty hours may satisfy requirements of competence through incremental training periods that include segments of transfers. The cumulative number of transfers must equal the minimum specified in § 13.203(b) or 13.303(b).
Table 13.129 provides a guide to the requirements for various tankerman endorsements. Provisions in the reference sections are controlling.
Each applicant for an original “Tankerman-PIC” endorsement shall—
(a) Be at least 18 years old;
(b) Apply on a Coast Guard form;
(c) Present evidence of passing a physical examination in accordance with § 13.125;
(d) Present evidence of service on tankships in accordance with § 13.203;
(e) Meet the requirement of a course on firefighting in § 13.207;
(f) Meet the requirement of a course in DL or LG appropriate for the endorsement applied for in § 13.209; and
(g) Be capable of speaking and understanding, in English, all instructions needed to commence, conduct, and complete a transfer of cargo, and be capable of reading the English found in the Declaration of Inspection, vessel response plans, and Cargo Information Cards.
Each applicant for a “Tankerman-PIC” endorsement for DL or LG shall meet the requirements of either paragraphs (a) and (b) or paragraph (c) of this section.
(a) Each applicant shall present evidence of—
(1) At least 90 days of service as a licensed deck officer or a licensed engineering officer on one or more tankships or self-propelled tank vessels certified to carry DL or LG appropriate to the endorsement applied for;
(2) At least 90 days of unlicensed or cadet service on deck or in the engine department on one or more tankships or self-propelled tank vessels certified to carry DL or LG appropriate to the endorsement applied for; or
(3) A combination of the service in paragraphs (a) (1) and (2) of this section.
(b) Each applicant shall present evidence of participation, under the supervision of a “Tankerman-PIC,” in at least 10 transfers of liquid cargo in bulk of the classification desired on tankships or self-propelled tank vessels, including at least—
(1) Five loadings and five discharges;
(2) Two commencements of loading and two completions of loading; and
(3) Two commencements of discharge and two completions of discharge.
(c) Each applicant already holding an MMD endorsed “Tankerman-PIC” for DL and seeking an endorsement for LG, or the converse, shall—
(1) Provide evidence of at least half the service required by paragraph (a) of this section; and
(2) Comply with paragraph (b) of this section, except that he or she need provide evidence of only three loadings and three discharges along with evidence of compliance with paragraphs (b)(2) and (3) of this section.
Service must be proved by a letter on company letterhead from the owner, operator, or master of the vessel on which the applicant obtained the service. The letter must contain the information described in § 13.127(a).
Each applicant for an original “Tankerman-PIC” endorsement shall present a certificate of successful completion from a course in shipboard firefighting, approved by the Commandant and meeting the basic firefighting section of the IMO's Resolution A.437 (XI), “Training of Crews in Fire Fighting”, completed within five years of the date of application for the endorsement, unless he or she has previously submitted such a certificate for a license or a tankerman endorsement.
Each applicant for an original “Tankerman-PIC” endorsement shall present a certificate of completion from a course in DL or LG appropriate for tankships and for the endorsement applied for, and approved by the Commandant. The date of the certificate may not be more than 5 years earlier than the date of application.
Each applicant for a “Tankerman-PIC (Barge)” endorsement shall—
(a) Be at least 18 years old;
(b) Apply on a Coast Guard form;
(c) Present evidence of passing a physical examination in accordance with § 13.125;
(d) Present evidence of service on tank vessels in accordance with § 13.303;
(e) Meet the requirement of a firefighting course in § 13.307;
(f) Meet the requirement of a course in DL or LG appropriate for the endorsement applied for in § 13.309; and
(g) Be capable of speaking, and understanding, in English, all instructions needed to commence, conduct, and complete a transfer of cargo, and be capable of reading the English found in the Declaration of Inspection, vessel response plans, and Cargo Information Cards.
Each applicant for a “Tankerman-PIC (Barge)” endorsement for DL or LG shall meet the requirements of either paragraphs (a) and (b) or paragraph (c) of this section.
(a) Each applicant shall present evidence of—
(1) At least 60 days of service, whether by shore-based or by vessel-based personnel, on one or more tank vessels certified to carry DL or LG appropriate to the endorsement applied for; or
(2) At least 6 months of closely related service directly involved with tank barges appropriate to the endorsement applied for; and
(b) Participation, under the supervision of a “Tankerman-PIC” or “Tankerman-PIC (Barge),” in at least 10 transfers of liquid cargo in bulk of the classification desired on any tank vessel, including at least—
(1) Five loadings and five discharges;
(2) Two commencements of loading and two completions of loading; and
(3) Two commencements of discharge and two completions of discharge.
(c) Each applicant already holding an MMD endorsed “Tankerman-PIC (Barge)” for DL and seeking an endorsement for LG, or the converse, shall—
(1) Provide evidence of at least half the service required by paragraph (a) of this section; and
(2) Comply with paragraph (b) of this section, except that he or she need provide evidence of only three loadings and three discharges along with evidence of compliance with paragraphs (b)(2) and (3) of this section.
Service must be proved by a letter on company letterhead from the owner or operator of a terminal; the owner or operator of a tank barge; the owner, operator, or master of a tank vessel; or the employer of shore-based tankermen. The letter must contain the information required by § 13.127(a), excluding paragraph (a)(3)(vii).
Each applicant for a “Tankerman-PIC (Barge)” endorsement shall present a certificate of successful completion from—
(a) A course in shipboard firefighting, approved by the Commandant and meeting the basic firefighting section of th IMO's Resolution A.437(XI), “Training of Crews in Firefighting,” completed 5 years or less before the date of application for the endorsement, unless he or she has previously submitted such a certificate for a license or a tankerman endorsement; or
(b) A course in tank-barge firefighting, approved by the Commandant and meeting § 13.121, completed within five years of the date of application for the endorsement.
Each applicant for an original “Tankerman-PIC (Barge)” endorsement shall present a certificate of completion from a course in DL or LG appropriate for tank barges and for Tankerman-PIC or Tankerman-PIC (Barge), and approved by the Commandant. The date of the certificate may not be more than 5 years earlier than the date of application.
Each applicant for a “Tankerman-Assistant” endorsement shall—
(a) Be at least 18 years old;
(b) Apply on a Coast Guard form;
(c) Present evidence of passing a physical examination in accordance with § 13.125;
(d) Meet the requirement of a firefighting course in § 13.407;
(e) (1) Meet the requirement of a course in DL or LG appropriate for the endorsement applied for in § 13.409; or
(2) Present evidence of service on tankships or self-propelled tank vessels in accordance with § 13.403; and
(f) Be capable of speaking and understanding, in English, all instructions needed to commence, conduct, and complete a transfer of cargo.
(a) Each applicant for a “Tankerman-Assistant” endorsement shall present—
(1) Evidence of at least 90 days of deck service on tankships or self-propelled tank vessels certified to carry DL or LG appropriate to the endorsement applied for; or
(2) A certificate of completion from a course in DL or LG appropriate for the endorsement applied for as prescribed in § 13.409.
(b) Each applicant already holding an MMD endorsed “Tankerman-Assistant” for DL and seeking one for LG, or the converse, shall—
(1) Provide evidence of at least half the service required in paragraph (a)(1) of this section; or
(2) Meet the requirement of a course in DL or LG appropriate for the endorsement applied for as prescribed in § 13.409.
(a) Service must be proved by a letter on company letterhead from the owner, operator, or master of a tankship or self-propelled tank vessel. The letter must specify—
(1) The classification of cargo (DL or LG) carried while the applicant accumulated the service;
(2) The number of days of deck service the applicant accumulated on the tankship or self-propelled tank vessel; and
(3) That the applicant has demonstrated an understanding of cargo transfer and a sense of responsibility that, in the opinion of the signer, will allow the applicant to safely carry out duties respecting cargo transfer and transfer equipment assigned by the PIC of the transfer without direct supervision by the PIC; or
(b) Service must be proved by—
(1) Certificates of Discharge from tankships with the appropriate classification of cargo (DL, LG, or both); and
(2) A letter on company letterhead from the owner, operator, or master of one of the tankships or self-propelled tank vessel stating that he or she has demonstrated—
(i) An understanding of cargo transfer; and
(ii) A sense of responsibility that, in the opinion of the signer, will allow him or her to safely carry out duties respecting cargo and its equipment assigned by the PIC of the transfer without direct supervision by the PIC.
Each applicant for a “Tankerman-Assistant” endorsement shall present a certificate of successful completion from a course in shipboard firefighting, approved by the Commandant and meeting the basic firefighting section of the IMO's Resolution A.437 (XI), “Training of Crews in Fire Fighting”, completed within five years of the date of application for the endorsement, unless he or she has previously submitted such a certificate from one of these courses for a license or endorsement.
Each applicant for an original “Tankerman-Assistant” endorsement who has not presented the required service on tankships or self-propelled tank vessels shall present a certificate of completion from a course for Familiarization with DL or LG Tankships or from a tanker-familiarization course appropriate to the endorsement applied for, and approved by the Commandant. The date of the certificate may not be more than 5 years earlier than the date of application.
Each applicant for a “Tankerman-Engineer” endorsement shall—
(a) Be at least 18 years old;
(b) Apply on a Coast Guard form;
(c) Present evidence of passing a physical examination in accordance with § 13.125;
(d) Present evidence of service on tankships and self-propelled tank vessels in accordance with § 13.503;
(e) Meet the requirement of a firefighting course in § 13.507;
(f) Meet the requirement of a course in DL or LG appropriate for the endorsement applied for in § 13.509; and
(g) Be capable of speaking and understanding, in English, all instructions needed to commence, conduct, and complete a transfer of cargo.
(a) Each applicant for a “Tankerman-Engineer” endorsement shall present evidence of at least—
(1) 90 days of service as a licensed engineering officer of tankships or self-propelled tank vessels certified to carry DL or LG appropriate to the endorsement applied for;
(2) 90 days of unlicensed or cadet service in the engine department on tankships or self-propelled tank vessels certified to carry DL or LG appropriate to the endorsement applied for; or
(3) A combination of the service in paragraphs (a) (1) and (2) of this section.
(b) Each applicant already holding an MMD endorsed as Tankerman-Engineer for DL and seeking one for LG, or the converse, shall prove at least half the service required by paragraph (a) of this section.
(a) Service must be proved by a letter on company letterhead from the owner, operator, master, or chief engineer of a tankship or self-propelled tank vessel. The letter must specify—
(1) The classification of cargo (DL, LG, or both) carried while the applicant accumulated the service; and
(2) The number of days of licensed and unlicensed service in the engine department on tankships or self-propelled tank vessels; or
(b) Service must be proved by certificates of discharge from tankships or self-propelled tank vessels with the appropriate classification of cargo (DL, LG, or both).
Each applicant for a “Tankerman-Engineer” endorsement shall present a certificate of successful completion from a course in shipboard firefighting, approved by the Commandant and meeting the basic firefighting section of the IMO's Resolution A.437 (XI), “Training of Crews in Fire Fighting”, completed within five years of the date of application for the endorsement, unless he or she has previously submitted such a certificate for a license or tankerman endorsement.
Each applicant for an original “Tankerman-Engineer” endorsement shall present a certificate of completion from a course in DL or LG, appropriate for tankships and the endorsement applied for, approved by the Commandant. The date of the certificate may not be more than 5 years earlier than the date of application.
5 U.S.C. 552; 46 U.S.C. Chapters 103 and 104.
This part prescribes rules for the shipment and discharge of merchant mariners aboard certain vessels of the United States.
(a) By mail: U.S. Coast Guard National Maritime Center (NMC-4A), 4200 Wilson Boulevard, Suite 630, Arlington, VA 22203-1803.
(b) By facsimile: 202-493-1055.
The Coast Guard makes information available to the public in accordance with 49 CFR part 7, including appendix B.
(a) Before proceeding either upon a foreign, intercoastal, or coastwise voyage (including a voyage on the Great Lakes) listed in paragraph (b) of this section or with the engagement or replacement of a merchant mariner for such a voyage, each master or individual in charge of a vessel or seagoing
(b) Except as provided by § 14.203, articles are required upon each voyage by a vessel of the United States—
(1) Of 100 gross tons or more, on a foreign voyage, which is a voyage from a port in the United States to any foreign port other than a port in—
(i) Canada;
(ii) Mexico; or
(iii) The West Indies.
(2) Of 75 gross tons or more on a voyage between a port of the United States on the Atlantic Ocean and a port of the United States on the Pacific Coast; or
(3) Of 50 gross tons or more on a voyage between a port in one State and a port in another State other than an adjoining State.
Although they may be used for the voyage; shipping articles are not required for any voyage by—
(a) A yacht;
(b) A vessel engaged exclusively in fishing or whaling;
(c) A vessel aboard which the merchant mariners are by custom or agreement entitled to participate in the profits or results of a cruise or voyage;
(d) A vessel employed exclusively in trade on the navigable rivers of the United States; or
(e) A ferry, or a tug used in ferrying, if the vessel is employed exclusively in trade on the Great Lakes, other lakes, bays, sounds, bayous, canals, or harbors.
On engagement for a voyage upon which shipping articles are required, each merchant mariner shall present to the master or individual in charge of the vessel every document, certificate, or license required by law for the service the mariner would perform.
(a)(1) The content and form of shipping articles for each vessel of the United States of 100 gross tons or more upon a foreign or intercoastal voyage must conform to the present shipping articles, form CG-705A, which meets the requirements of 46 U.S.C. 10302, 10303, 10304, and 10305. The articles must identify the nature of the voyage and specify at least the name, the number of the license or merchant mariner's document, the capacity of service, the time due on board to begin work, and the name and address of the next of kin of, and the wages due to each merchant mariner, either who was discharged or whose services were otherwise terminated during the month.
(2) The content and form of articles for each such vessel upon a coastwise voyage (including a voyage on the Great Lakes) must also conform to the present shipping articles, form CG-705A, which meet the requirements of 46 U.S.C. 10502. The articles must specify at least the matter identified by paragraph (a)(1) of this section, except that they must not specify the wages due to the mariner. The wages section of the form shall be left blank for coastwise voyages.
(b) Any shipping company that manually prepares the articles may, upon request, obtain Shipping Articles, Form CG-705A, from any Officer in Charge, Marine Inspection (OCMI), of the Coast Guard.
(c) Any company that electronically prepares the articles may, upon request submitted to either address in § 14.103, obtain a copy of software developed by the Coast Guard to produce articles in the proper format. Alternatively, a company may develop its own software or buy it off the shelf; but, in either of these cases, it must secure approval of the software from the National Maritime Center at either address in § 14.103.
Each master or individual in charge of a vessel when shipping articles are required shall prepare an original and two copies of the articles. The original and one copy must be signed by the
On commencement of a foreign, intercoastal, or coastwise voyage (including a voyage on the Great Lakes), each master or individual in charge of a vessel when shipping articles are required shall ensure that a legible copy of the articles, unsigned by the mariner, and without the next of kin information, is posted at a place accessible to the crew.
(a) When a vessel of the United States sails upon a foreign, intercoastal, or coastwise voyage (excluding a voyage on the Great Lakes), each master or individual in charge shall, at the commencement of the voyage, send one copy of shipping articles, signed by the master and by each merchant mariner, to the owner, charterer, or managing operator. The master shall keep the original throughout the voyage and enter in it all charges made to the crew during the voyage.
(b) (1) When a vessel of the United States sails exclusively on the Great Lakes, each master or individual in charge shall, at the commencement of the season, or once the vessel is put into service, whichever occurs earlier, send one copy of articles, signed by the master and by each mariner, to the owner, charterer, or managing operator.
(2) The master or individual in charge shall every 60 days send supplementary particulars of engagement covering each mariner engaged during this period, signed by the master and by each mariner, to the owner, charterer, or managing operator.
(3) The master of individual in charge shall, at the close of the season, or once the vessel is withdrawn from service, whichever occurs later, send articles, signed by the master and by each mariner, to the owner, charterer, or managing operator.
(c) When a vessel of the United States sales exclusively on bays or sounds, each master or individual in charge shall, at least every 60 days, send articles, signed by the master and by each mariner, to the owner, charter, or managing operator.
(d) Any person who fails to comply with the requirements of this section is subject to a civil penalty of $5,000.
Each master or individual in charge of a vessel when shipping articles are required shall complete and sign, and each merchant mariner paid off during or after such a voyage shall sign the articles and otherwise comply with the requirements of this subpart. When signed by the master or individual in charge and by the mariner, the articles constitute a release from the duties to which they bound their parties.
Upon the discharge of any mariner in a foreign port, the master shall make the required entries on the ship's articles. Upon the request of the master or a mariner, the consular officer shall discharge the mariner in accordance with the requirements of 46 U.S.C. 10318.
If the merchant mariner holds a continuous discharge book, the master or individual in charge of the vessel shall make the proper entries in it.
(a) Each master or individual in charge of a vessel shall, for each merchant mariner being discharged from the vessel, prepare a certificate of discharge and two copies; whether by writing or typing them on the prescribed form with permanent ink or generating them from computer in the prescribed format; and shall sign them with permanent ink. The prescribed format for a certificate of discharge is
(b) Each mariner being discharged shall sign the certificate and both copies with permanent ink.
(c) When the mariner leaves the vessel, the master or individual in charge shall give the original certificate to the mariner.
(d) Except as directed by § 14.313, the shipping company shall keep both copies of the certificate.
(e) The company shall provide copies of certificates of discharge to the mariner and the Coast Guard upon request.
(a) At the end of each voyage upon which shipping articles are required, the master or individual in charge of the vessel shall—
(1) Complete the articles, conforming the pertinent entries in them to those on the certificate of discharge and its copies;
(2) Note in the articles the execution of each Mutual Release;
(3) Attach to the articles each Mutual Release and a copy of each certificate; and
(4) Pay to each merchant mariner all wages due.
(b) When paid off, each mariner shall sign the articles.
(a) At the end of each foreign, intercoastal, and coastwise voyage by a vessel of the United States, or of each voyage by such a vessel that sails exclusively on bays or sounds (or by such a vessel at the close of the season on the Great Lakes, or once the vessel is withdrawn from service there, whichever occurs later), the shipping company shall electronically transmit the data from the certificates of discharge via modem to an electronic address which the shipping company may request from the National Maritime Center.
(b) If the data is submitted manually, the shipping companies shall provide the data for foreign and intercoastal voyages at the end of each voyage. For coastwise voyages or of each voyage by such a vessel that sails exclusively on bays or sounds (or by such a vessel at the close of the season of the Great Lakes, or once the vessel is withdrawn from service there, whichever occurs later), the shipping companies shall submit a copy of each certificate of discharge to the address in § 14.103(a) at least once per calendar month.
(a) Each shipping company shall keep all original shipping articles and copies of all certificates of discharge for 3 years. After 3 years the shipping companies shall prepare the original shipping articles in alphabetical order by vessel name and send to the address in § 14.103(a) for storage at the Federal Records Center at Suitland, Maryland. The company may dispose of the copies of certificates of discharge. The Coast Guard will dispose of copies of certificates submitted manually, once the data are entered into its sea-service database and are validated.
(b) Each shipping company that goes out of business or merges with another company shall send all original articles to the address in § 14.103(a) within 30 days of the transaction.
(c) The shipping company must provide copies of shipping articles and certificates of discharge to the mariner and the Coast Guard upon request.
Unless otherwise provided by Title 46 United States Code, by any act amending or supplementing that Title, or by this subpart, that Title as far as it governs the employment of merchant
(a) Certain requirements of Title 46, United States Code do not apply to the employment of merchant mariners on oceanographic research vessels. These requirements are those concerned with, among other things, the shipment and discharge of mariners, their pay and allotments, and the adequacy of their clothing. 46 U.S.C. 2113(2) allows exemptions of oceanographic research vessels from certain requirements of parts B, C, F, or G of subtitle II of 46 U.S.C., upon such terms as the Secretary of the Department of Transportation deems suitable. The exemptions available under this subpart are subject to the following terms:
(1) No use of any exemption relieves the owner, charterer, managing operator, master, or individual in charge of the vessel of other statutory responsibilities for the protection of every mariner under his or her command.
(2) If it is presented at a reasonable time and in a reasonable manner, the master or individual in charge shall receive, consider, and appropriately address the legitimate complaint of any mariner.
(b) For any oceanographic research vessel sailing with any mariner employed by any firm, association, corporation, or educational or governmental body or agency, the Commandant may grant exemptions from—
(1) 46 U.S.C. 10301, Application;
(2) 46 U.S.C. 10302, Shipping articles (for foreign and intercoastal voyages);
(3) 46 U.S.C. 10307, Posting of articles;
(4) 46 U.S.C. 10308, Foreign engagements;
(5) 46 U.S.C. 10311, Certificates of discharge;
(6) 46 U.S.C. 10313 and 10504, Wages;
(7) 46 U.S.C. 10314 and 10505, Advances;
(8) 46 U.S.C. 10315, Allotments;
(9) 46 U.S.C. 10316 and 10506, Trusts;
(10) 46 U.S.C. 10321 and 10508, General penalties;
(11) 46 U.S.C. 10502, Shipping articles (for coastwise voyages); and
(12) 46 U.S.C. 10509, Penalty for failure to begin coastwise voyages.
(a) Upon written request for the owner, charterer, managing operator, master, or individual in charge of the vessel to the OCMI of the Coast Guard in whose zone the vessel is located, the Commandant may grant an exemption of any oceanographic research vessel designated by 46 U.S.C. 2113(2) from any requirement of any section listed by § 14.403(b).
(b) The request must state—
(1) Any requirement of any section listed in § 14.403(b) from which the applicant wishes an exemption; and
(2) What business practices regarding, among other things, the shipment and discharge of merchant mariners, their pay and allotments, and the adequacy of their clothing would justify the exemption.
(c) The OCMI will forward the request, along with his or her recommendation, to the Commandant, who will determine whether to grant any exemption of any vessel from any requirement. The OCMI will issue a letter indicating any exemption granted. The master or individual in charge of the vessel shall keep the letter aboard the vessel.
(d) If operating conditions change, the owner, charterer, managing operator, master, or individual in charge of the vessel shall so advise the OCMI. The OCMI will forward pertinent information on how the conditions have changed, along with his or her recommendation, to the Commandant, who will determine whether any exemption should remain granted.
(a) The owner, charterer, managing operator, master, or individual in charge of each oceanographic research vessel of 100 gross tons or more shall maintain a record of the employment, discharge, or termination of service of every merchant mariner in the crew. At least every 6 months, the person maintaining this record shall transmit it to the Coast Guard, either manually, in the form of a copy of a certificate of discharge, or electronically.
(b) The owner, charterer, managing operator, master, or individual in charge of the vessel shall keep original shipping articles and a copy of each certificate ready for review by the Coast Guard or the concerned mariner upon request. After January 3, 1997, the Coast Guard will no longer keep either original articles or copies of certificates; it will keep only electronic records of employment.
(c) The master or individual in charge of the vessel shall ensure that every entry made in the articles agrees with the corresponding entry made in a continuous discharge book, on a certificate, or in any other proof of sea service furnished to the mariner.
(d) Each oceanographic company shall keep all original articles and copies of all certificates for 3 years. After that each such company shall send all articles to the address in § 14.103(a).
(e) Each oceanographic company that goes out of business or merges with another company shall send all original articles to the address in § 14.103(a) within 30 days of the transaction.
46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8104, 8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904, 8905(b), 8906, and 9102; and Department of Homeland Security Delegation 0170.
The purpose of the regulations in this part is to set forth uniform minimum requirements for the manning of vessels. In general, they implement, interpret, or apply the specific statutory manning requirements in title 46, U.S.C., parts E & F, implement various international conventions which affect merchant marine personnel, and provide the means for establishing the complement necessary for safe operation of vessels.
(a) This section lists the control numbers assigned by the Office of Management and Budget under the Paper Reduction Act of 1980 (Pub. L. 96-511) for the reporting and recordkeeping requirements in this part.
(b) The following control numbers have been assigned to the sections indicated:
(1) OMB 2115-0624—46 CFR 15.1107, and 15.111.
(2) [Reserved]
(a) The regulations in this part apply to all vessels which are subject to the manning requirements contained in the navigation and shipping laws of the United States, including uninspected vessels (46 U.S.C. 7101-9308).
(b) The navigation and shipping laws state that a vessel may not be operated unless certain manning requirements are met. In addition to establishing a minimum of licensed individuals and members of the crew to be carried on board certain vessels, they establish minimum qualifications concerning licenses, citizenship, and conditions of employment. It is the responsibility of the owner, charterer, managing operator, master, or person in charge or command of the vessel to ensure that appropriate personnel are carried to meet the requirements of the applicable navigation and shipping laws and regulations.
(c) Inspected vessels are issued a certificate of inspection which indicates the minimum complement of licensed individuals and crew (including lifeboatmen) considered necessary for safe operation. The certificate of inspection complements the statutory requirements but does not supersede them.
(d) The regulations in subpart J of this part apply to seagoing vessels subject to the International Convention on Standards of Training, Certification and watchkeeping for Seafarers as amended in 1995 (STCW ).
(e) Neither any person serving on any of the following vessels, nor any owner or operator of any of these vessels, need meet the requirements of subpart J, because the vessels are exempt from application of STCW:
(1) Uninspected passenger vessels as defined in 46 U.S.C. 2101(42).
(2) Fishing vessels as defined in 46 U.S.C. 2101(11)(a).
(3) Fishing vessels used as fish-tender vessels as defined in 46 U.S.C. 2101(11)(c).
(4) Barges as defined in 46 U.S.C. 2101(2), including non-self-propelled mobile offshore-drilling units.
(5) Vessels operating exclusively on the Great Lakes.
(f) Personnel serving on the following vessels, and the owners and operators of these vessels, are in compliance with subpart J and are not subject to further obligation for the purposes of STCW, on account of the vessels' special operating conditions as small vessels engaged in domestic voyages:
(1) Small passenger vessels subject to subchapter T or K of title 46, CFR.
(2) Vessels of less than 200 GRT (other than passenger vessels subject to subchapter H of title 46 CFR).
(g) Licensed personnel serving on vessels identified in paragraphs (e)(5),
(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in paragraph (b) of this section, the Coast Guard must publish notice of change in the
(b) The material approved for incorporation by reference in this part and the sections affected are as follows:
4 Albert Embankment, London, SE1 7SR, England
STCW—The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995, (STCW Convention), and Seafarer's Training, Certification and Watchkeeping Code (STCW Code)—15.103; 15.1101; 15.1103; 15.1105; 15.1109.
(a) The following terms defined in this subpart apply only to the manning of vessels subject to the manning provisions in the navigation and shipping laws of the United States:
(b) The following categories of licensed individuals are established in part 10 of this chapter. When used in this part, the following terms mean an individual holding a valid license and/or endorsement to serve in that capacity issued under part 10 of this chapter.
(1) Master;
(2) Mate;
(3) Pilot;
(4) Engineer;
(5) Radio officer;
(6) Operator of uninspected passenger vessels;
(7) Offshore installation manager (OIM);
(8) Barge supervisor (BS);
(9) Ballast control operator (BCO); and
(10) [Reserved]
(11) GMDSS radio operator.
(c) The following ratings are established in part 12 of this chapter. When used in this part, terms for the ratings identify persons holding valid merchant mariners' documents for service in the ratings issued under that part:
(1) Able seaman.
(2) Ordinary seaman.
(3) Qualified member of the engine department.
(4) Lifeboatman.
(5) Wiper.
(6) Steward's department (F.H.).
(7) GMDSS At-sea Maintainer.
(d) The following ratings are established in part 13 of this chapter. When used in this part, the terms for the ratings identify persons holding valid merchant mariners' documents for service in the ratings issued under that part:
(1) Tankerman-PIC.
(2) Tankerman-PIC (Barge).
(3) Restricted Tankerman-PIC.
(4) Restricted Tankerman-PIC (Barge).
(5) Tankerman-Assistant.
(6) Tankerman-Engineer.
A person may not employ or engage an individual, and an individual may not serve, in a position in which an individual is required by law or regulation to hold a license, certificate of registry, or merchant mariner's document, unless the individual holds a valid license, certificate of registry, or merchant mariner's document, as appropriate, authorizing service in the capacity in which the individual is engaged or employed and the individual serves within any restrictions placed
Each licensed, registered, or certificated individual must become familiar with the relevant characteristics of the vessel on which engaged prior to assuming his or her duties. As appropriate, these include but are not limited to: general arrangement of the vessel; maneuvering characteristics; proper operation of the installed navigation equipment; firefighting and lifesaving equipment; stability and loading characteristics; emergency duties; and main propulsion and auxiliary machinery, including steering gear systems and controls.
Every assistance towing vessel must be under the direction and control of a licensed individual authorized to engage in assistance towing under the provisions of 46 CFR 10.482.
(a) The certificate of inspection (COI) issued by an Officer in Charge, Marine Inspection (OCMI), to a vessel required to be inspected under 46 U.S.C. 3301 specifies the minimum complement of officers and crew necessary for the safe operation of the vessel.
(b) The manning requirements for a particular vessel are determined by the OCMI after consideration of the applicable laws, the regulations in this part, and all other factors involved, such as: Emergency situations, size and type of vessel, installed equipment, proposed routes of operation including frequency of port calls, cargo carried, type of service in which employed, degree of automation, use of labor saving devices, and the organizational structure of the vessel.
All requests for changes in manning as indicated on the certificate of inspection must be made to the OCMI who last issued the certificate of inspection, unless the request is made in conjunction with an inspection for certification, in which case the request should be addressed to the OCMI conducting the inspection.
Any person directly affected by a decision or action taken under this part, by or on behalf of the Coast Guard, may appeal therefrom in accordance with subpart 1.03 of this chapter.
(a) Except as provided by § 15.725, no vessel may be operated unless it has in its service and on board the complement required by the certificate of inspection.
(b) Any vessel subject to inspection under 46 U.S.C. 3301 must, while on a voyage, be under the direction and control of an individual who holds an appropriate license issued by the Coast Guard. For the purposes of this paragraph:
(1) A voyage is the period of time necessary to transit from the port of departure to the final port of arrival.
(2) A port does not include an Outer Continental Shelf (OCS) facility as defined in 33 CFR part 140.
(a) The requirements in this section for mobile offshore drilling units (MODUs) supplement other requirements in this part.
(b) The OCMI determines the minimum number of licensed individuals and crew (including lifeboatmen) required for the safe operation of inspected MODUs. In addition to other factors listed in this part, the specialized nature of the MODU is considered in determining the specific manning levels.
(c) A license as offshore installation manager (OIM), barge supervisor (BS),
(d) A self-propelled MODU other than a drillship must be under the command of an individual who holds a license as master endorsed as OIM.
(e) A drillship must be under the command of an individual who holds a license as master. When a drillship is on location, the individual in command must hold a license as master endorsed as OIM.
(f) A non-self-propelled MODU must be under the command of an individual who holds a license or endorsement as OIM.
(g) An individual serving as mate on a self-propelled surface unit other than a drillship must hold an appropriate license as mate and an endorsement as BS or BCO. An individual holding a license or endorsement as barge supervisor or ballast control operator may be substituted for a required mate when a self-propelled surface unit other than a drillship is on location or under tow, under certain circumstances as determined by the cognizant OCMI.
(h) An individual holding a license or endorsement as barge supervisor is required on a non-self-propelled surface unit other than a drillship.
(i) An individual holding a license or endorsement as barge supervisor may serve as ballast control operator.
(j) The OCMI issuing the MODU's certificate of inspection may authorize the substitution of chief or assistant engineer (MODU) for chief or assistant engineer, respectively, on self-propelled or propulsion assisted surface units, except drillships. The OCMI may also authorize the substitution of assistant engineer (MODU) for assistant engineer on drillships.
(k) Requirements in this part concerning radar observers do not apply to non-self-propelled MODUs.
(l) A surface mobile offshore drilling unit underway or on location, when afloat and equipped with a ballast control room, must have that ballast control room manned by an individual holding a license or endorsement authorizing service as ballast control operator.
Parts 31 and 35 of this chapter contain additional manning requirements applicable to tank vessels.
The following sections of subparts F, G, and H of this part contain provisions concerning manning of uninspected vessels; §§ 15.701, 15.705, 15.710, 15.720, 15.730, 15.801, 15.805, 15.810, 15.820, 15.825, 15.840, 15.850, 15.855, 15.905, 15.910, and 15.915.
Each uninspected passenger vessel must be under the direction and control of an individual licensed by the Coast Guard as follows:
(a) Every self-propelled, uninspected vessel as defined by 46 U.S.C. 2101(42)(B), carrying not more than six passengers, must be under the direction and control of an individual holding a license as operator.
(b) Every uninspected passenger vessel of 100 gross tons or more, as defined by 46 U.S.C. 2101(42)(A), must be under the direction and control of a licensed master, pilot, or mate as appropriate.
(a) Except as provided in this paragraph, every towing vessel of at least 8 meters (at least 26 feet) in length, measured from end to end over the deck (excluding sheer), must be under the direction and control of a person licensed as master or mate (pilot) of towing vessels or as master or mate of vessels of greater than 200 gross register tons holding either an endorsement on his or her license for towing vessels or a completed Towing Officer's Assessment Record (TOAR) signed by a designated examiner indicating that the officer is proficient in the operation of towing vessels. This does not
(b) An officer may continue to operate towing vessels within any restrictions of his or her license from May 21, 2001, until the first renewal or upgrade of that license, but not later than May 21, 2006. Every towing vessel covered by paragraph (a) of this section must carry at least the following personnel:
(1) An officer designated Master and holding a license as—
(i) Master of towing vessels;
(ii) Master of towing vessels (Limited) whenoperating solely within a limited local area;
(iii) Operator of uninspected towing vessels;
(iv) Master of inspected, self-propelled vessels within any restrictions on the license; or
(v) Mate or first-class pilot of inspected, self-propelled vessels with a license for service in vessels of greater than 200 gross register tons (Domestic service only).
(2) Another officer, if the vessel is operating more than 12 hours in any 24-hour period, holding a license—
(i) Listed in 46 CFR 15.610(b)(1);
(ii) As mate (pilot) of towing vessels;
(iii) As second-class OUTV; or
(iv) As mate of inspected, self-propelled vessels within any restrictions on the license.
(c) Paragraph (b) of this section applies until the officer's first renewal or upgrade of license after May 21, 2001.
(d) Any towing vessel operating in the pilotage waters of the Lower Mississippi River must be under the control of an officer who holds a first-class pilot's license or endorsement for that route, or meets the requirements of either paragraph (d)(1) or paragraph (d)(2) of this section as applicable:
(1) To operate a towing vessel with tank barges, or a tow of barges carrying hazardous materials regulated under part N or O of this subchapter, an officer in charge of the towing vessel must have completed 12 round trips over this route as an observer, with at least 3 of those trips during hours of darkness, and at least 1 round trip of the 12 within the last 5 years.
(2) To operate a towing vessel without barges, or a tow of uninspected barges, an officer in charge of the towing vessel must have completed at least four round trips over this route as an observer, with at least one of those trips during hours of darkness, and at least one round trip of the 12 within the last 5 years.
(a) This section implements the Officers Competency Certificates Convention, 1936, and applies to each vessel documented under the laws of the United States navigating seaward of the Boundary Lines in part 7 of this chapter, except:
(1) A public vessel;
(2) A wooden vessel of primitive build, such as a dhow or junk;
(3) A barge; and,
(4) A vessel of less than 200 gross tons.
(b) The master, mates and engineers on any vessel to which this section applies must hold a license to serve in that capacity issued by the Coast Guard under part 10 of this chapter.
(c) A vessel to which this section applies, or a foreign flag vessel to which the Convention applies, may be detained by a designated official until that official is satisfied that the vessel is in compliance with the Convention.
(d) Whenever a vessel is detained, the owner, charterer, managing operator, agent, master, or individual in charge may appeal the detention within five days under the provisions of § 2.01-70 of this chapter.
(a) Title 46 U.S.C. 8104 is the law applicable to the establishment of watches aboard certain U.S. vessels. The establishment of adequate watches is the responsibility of the vessel's master. The Coast Guard interprets the term
(b) Subject to exceptions, 46 U.S.C. 8104 requires that when a master of a seagoing vessel of more than 100 gross tons establishes watches for the licensed individuals, sailors, coal passers, firemen, oilers and watertenders, the personnel shall be
(c) Subject to exceptions, 46 U.S.C. 8104(g) permits the licensed individuals and crew members (except the coal passers, firemen, oilers, and watertenders) to be divided into two watches when at sea and engaged on a voyage of less than 600 miles on the following categories of vessels:
(1) Towing vessel;
(2) Offshore supply vessel; or,
(3) Barge.
(d) Subject to exceptions, 46 U.S.C. 8104(h) permits a licensed master or mate (pilot) operating a towing vessel that is at least 26 feet in length measured from end to end over the deck (excluding sheer) to work not more than 12 hours in a consecutive 24 hour period except in an emergency. The Coast Guard interprets this, in conjunction with other provisions of the law, to permit licensed masters or mates (pilots) serving as operators of towing vessels that are not subject to the provisions of the Officers' Competency Certificates Convention, 1936, to be divided into two watches regardless of the length of the voyage.
(e) Fish processing vessels are subject to various provisions of 46 U.S.C. 8104 concerning watches.
(1) For fish processing vessels that entered into service before January 1, 1988, the following watch requirements apply to the licensed officers and deck crew:
(i) If over 5000 gross tons—three watches.
(ii) If more than 1600 gross tons and not more than 5000 gross tons—two watches.
(iii) If not more than 1600 gross tons—no watch division specified.
(2) For fish Processing vessels which enter into service after December 31, 1987, the following watch requirements apply to the licensed officers and deck crew:
(i) If over 5000 gross tons—three watches.
(ii) If not more than 5000 gross tons and having more than 16 individuals on board primarily employed in the preparation of fish or fish products—two watches.
(iii) If not more than 5000 gross tons and having not more than 16 individuals on board primarily employed in the preparation of fish or fish products—no watch division specified.
(f) Properly manned uninspected passenger vessels of at least 100 gross tons—
(1) Which are underway for no more than 12 hours in any 24-hour period, and which are adequately moored, anchored, or otherwise secured in a harbor of safe refuge for the remainder of that 24-hour period may operate with one navigational watch;
(2) Which are underway more than 12 hours in any 24-hour period must provide a minimum of a two-watch system;
(3) In no case may the crew of any watch work more than 12 hours in any 24-hour period, except in an emergency.
In addition to prescribing watch requirements, 46 U.S.C. 8104 sets limitations on the working hours of licensed individuals and crew members, prescribes certain rest periods. and prohibits unnecessary work on Sundays and certain holidays when the vessel is in a safe harbor. It is the responsibilty of the master or person in charge to ensure that these limitations are met. However, under 46 U.S.C. 8104(f), the master or other licensed individual can require any part of the crew to work when, in his or her judgment, they are needed for:
(a) Maneuvering, shifting berth, mooring, unmooring;
(b) Performing work necessary for the safety of the vessel, or the vessel's passengers, crew, or cargo;
(c) Saving of life on board another vessel in jeopardy; or,
(d) Performing fire, lifeboat, or other drills in port or at sea.
(a) Coast Guard acceptance of automated systems to replace specific personnel or to reduce overall crew requirements is predicated upon the capabilities of the system, the system's demonstrated and continuing reliability, and a planned maintenance program that ensures continued safe operation of the vessel.
(b) The OCMI considers the capabilities of an automated system in establishing initial manning levels; however, until the system is proven reliable, a manning level adequate to operate in a continuously attended mode will be specified on a vessel's COI. It remains the responsibility of the vessel's master to determine when a continuous watch is necessary.
(a) United States vessels which need to replace one or more persons while on a foreign voyage and outside the jurisdiction of the United States, in order to meet manning requirements, may utilize non-U.S. licensed and documented personnel, except for the positions of master and radio officer, until the vessel returns to a port at which in the most expeditious manner replacements who are citizens of the United States can be obtained.
(b) The citizenship requirements of 46 U.S.C. 8103 (a) and (b) are waived, except for the requirement that the master must be a U.S. citizen, with respect to the following vessels:
(1) A U.S.-documented offshore supply vessel (OSV) (as that term is defined in 46 U.S.C. 2101(19)) that is operating from a foreign port; and
(2) A U.S.-documented mobile offshore drilling unit (MODU) (as that term is defined in 46 U.S.C. 2101(15a)) that is operating beyond the water above the U.S. Outer Continental Shelf.
(c) The waiver provided in paragraph (b) of this section does not apply to any vessel operating in water above the U.S. Outer Continental Shelf (as that term is defined in 43 U.S.C. 1331(a)).
(d) The master shall assure that any replacements of crewmembers by non-U.S. citizens made in accordance with this section will be with an individual who holds a license or document which is equivalent in experience, training, and other qualifications to the U.S. license or document required for the position and that the person possesses or will possess the training required to communicate to the extent required by § 15.730.
Whenever a vessel is deprived of the service of a member of its complement, and the master or person in charge is unable to find appropriate licensed or documented personnel to man the vessel, the master or person in charge may proceed on the voyage, having determined the vessel is sufficiently manned for the voyage. A report of sailing
(a) The provisions of 46 U.S.C. 8702 relating to language apply generally to vessels of at least 100 gross tons except:
(1) Vessels operating on rivers and lakes (except the Great Lakes);
(2) A manned barge (except a seagoing barge or a barge to which chapter 37 of 46 U.S.C. applies);
(3) A fishing vessel, fish tender vessel, whaling vessel, or yacht;
(4) A sailing school vessel with respect to sailing school instructors and sailing school students;
(5) An oceanographic research vessel with respect to scientific personnel;
(6) A fish processing vessel which entered into service before January 1, 1988, and is not more than 1600 gross tons or which enters into service after December 31, 1987, and has not more than 16 individuals on board primarily employed in the preparation of fish or fish products; and,
(7) All fish processing vessels with respect to those personnel primarily employed in the preparation of fish or fish products or in a support position not related to navigation.
(b) 46 U.S.C. 8702(b) requires that on board vessels departing U.S. ports
(c) The words
(d) Whenever information is presented to the Coast Guard that a vessel fails to comply with the specified language requirements the Coast Guard investigates the allegation to determine its validity. In determining if an allegation is factual, the Coast Guard may require a demonstration by the licensed individuals and crew that appropriate orders are understood. The demonstration will require that orders be spoken to the individual members of the crew by the licensed individuals in the language ordinarily and customarily used by the licensed individuals. The orders must be spoken directly by the licensed individual to the crew member and not through an interpreter. Signs, gestures, or signals may not be used in the test. The Coast Guard representative will specify the orders to be given and will include not only daily routine but orders involving emergencies, either of a departmental or of a general nature. This test will be conducted, if possible, at a time reasonably in advance of the vessel's departure, to avoid delays.
The OCMI will determine the specific manning levels for vessels required to have certificates of inspection by part B of subtitle II of title 46 U.S.C. The masters or individuals in command of all vessels, whether required to be inspected under 46 U.S.C. 3301 or not, are responsible for properly manning vessels in accordance with the applicable laws, regulations, and international conventions.
(a) There must be an individual holding an appropriate license as master in command of each of the following vessels:
(1) Every self-propelled, seagoing documented vessel of 200 gross tons and over.
(2) Every self-propelled inspected vessel.
(3) Every inspected passenger vessel.
(4) Every inspected small passenger vessel.
(5) Every towing vessel of at least 8 meters (at least 26 feet) or more in length must be under the command of a master of towing vessels, or a mariner licensed as master of inspected, self-propelled vessels greater than 200 gross register tons (GRT) holding either—
(i) A completed Towing Officer's Assessment Record (TOAR), bearing the signature of a Designated Examiner and stating that the Examiner found the candidate proficient; or
(ii) A license endorsed for towing vessels.
(6) Every uninspected passenger vessel of at least 100 gross tons.
(b) Every vessel documented under the laws of the United States, other than a vessel with only a recreational endorsement, must be under the command of a U.S. citizen.
(a) The OCMI determines the minimum number of licensed mates required for the safe operation of inspected vessels.
(b) The minimum number of licensed mates required to be carried on every inspected, self-propelled, seagoing and Great Lakes vessel, and every inspected, seagoing, passenger vessel must not be less than the following, except when reductions are authorized under paragraph (e) of this section:
(1) Vessels of 1000 gross tons or more (except MODUs)—three licensed mates (except when on a voyage of less than 400 miles from port of departure to port of final destination—two licensed mates).
(2) MODUs of 1000 gross tons or more:
(i) Three licensed mates when on a voyage of more than 72 hours.
(ii) Two licensed mates when on a voyage of more than 16 but not more than 72 hours.
(iii) One licensed mate when on a voyage of not more than 16 hours.
(3) Vessels of 100 or more gross tons but less than 1000 gross tons—two licensed mates (except vessels of at least 100 but less than 200 gross tons on voyages which do not exceed 24 hours in duration—one licensed mate).
(4) All offshore supply vessels of 100 gross tons or more—two licensed mates (except when on a voyage of less than 600 miles-one licensed mate). A voyage includes the accrued distance from port of departure to port of arrival and does not include stops at offshore points.
(5) All vessels of less than 100 gross tons—one licensed mate (except vessels on voyages not exceeding 12 hours in duration may, if the OCMI determines it to be safe, be operated without licensed mates).
(c) An individual in charge of the navigation or maneuvering of a self-propelled, uninspected, documented, seagoing vessel of 200 gross tons or over must hold an appropriate license authorizing service as mate.
(d) Each person in charge of the navigation or maneuvering of a towing vessel of at least 8 meters (at least 26 feet) in length must hold a license authorizing service as either—
(1) Mate (pilot) of towing vessels; or
(2) Mate of inspected self-propelled vessels greater than 200 GRT within any other restrictions on the officer's license, holding either—
(i) A completed Towing Officer's Assessment Record (TOAR) bearing the signature from a Designated Examiner and stating that the Examiner found the candidate proficient; or
(ii) A license endorsed for towing vessels.
(e) The OCMI may increase the minimum number of mates indicated in paragraph (b) of this section where he or she determines that the vessel's characteristics, route, or other operating conditions create special circumstances warranting an increase.
(f) The Commandant will consider reductions to the number of mates required by this section when special circumstances allowing a vessel to be safely operated can be demonstrated.
(a) Except as specified in paragraph (f) of this section, the following vessels, not sailing on register, when underway on the navigable waters of the United States, must be under the direction and control of an individual qualified to serve as pilot under paragraph (b) or (c) of this section as appropriate:
(1) Coastwise seagoing vessels propelled by machinery and subject to inspection under 46 U.S.C. Chapter 33, and coastwise seagoing tank barges subject to inspection under 46 U.S.C. Chapter 37;
(2) Vessels that are not authorized by their Certificate of Inspection to proceed beyond the Boundary Line established in part 7 of this Chapter which are in excess of 1,600 gross tons, propelled by machinery, and subject to inspection under 46 U.S.C. chapter 33; and
(3) Vessels operating on the Great Lakes that are propelled by machinery and subject to inspection under 46 U.S.C. chapter 33, or are tank barges subject to inspection under 46 U.S.C. chapter 37.
(b) The following individuals may serve as a pilot for a vessel subject to paragraph (a) of this section, when underway on the navigable waters of the United States that are designated areas.
(1) An individual holding a valid first class pilot's license issued by the Coast Guard, operating within the restrictions of his or her license, may serve as pilot on any vessel to which this section applies.
(2) An individual holding a valid license issued by the Coast Guard as master or mate, employed aboard a vessel within the restrictions of his or her license, may serve as pilot on a vessel of not more than 1,600 gross tons propelled by machinery, described in paragraphs (a)(1) and (a)(3) of this section, provided he or she:
(i) Is at least 21 years old;
(ii) Complies with the currency of knowledge provisions of § 10.713 of this chapter; and
(iii) Has completed a minimum of four round trips over the route to be traversed while in the wheelhouse as watchstander or observer. At least one of the round trips must be made during the hours of darkness if the route is to be traversed during darkness.
(3) An individual holding a valid license issued by the Coast Guard as master, mate, or operator employed aboard a vessel within the restrictions of his or her license, may serve as pilot on a tank barge or tank barges totalling not more than 10,000 gross tons, described in paragraphs (a)(1) and (a)(3) of this section, provided he or she:
(i) Is at least 21 years old;
(ii) Complies with the currency of knowledge provisions of § 10.713 of this chapter;
(iii) Has a current physical examination in accordance with the provisions of § 10.709 of this chapter;
(iv) Has at least six months service in the deck department on towing vessels engaged in towing operations; and
(v) Has completed a minimum of twelve round trips over the route to be traversed, as an observer or under instruction in the wheelhouse. At least three of the round trips must be made during the hours of darkness if the route is to be traversed during darkness.
(c) An individual holding a valid license issued by the Coast Guard as master, mate, or operator, employed aboard a vessel within the restrictions of his or her license, may serve as a pilot for a vessel subject to paragraph (a)(1) and (a)(2) of this section, when underway on the navigable waters of the United States that are not designated as first class pilotage areas, provided he or she:
(1) Is at least 21 years old;
(2) Complies with the currency of knowledge provisions of § 10.713 of this chapter; and
(3) Has a current physical examination in accordance with the provisions of § 10.709 of this chapter.
(d) In any instance when the qualifications of a person satisfying the requirements for pilotage through the provisions of this Subpart are questioned by the Coast Guard, the individual shall, within a reasonable time, provide the Coast Guard with documentation proving compliance with the applicable portion(s) of paragraphs (b) and (c) of this section.
(e) Federal pilotage requirements contained in paragraphs (a) through (d) of this section are summarized in two quick reference tables.
(1) Table 15.812(e)(1) provides a guide to the pilotage requirements for inspected, self-propelled vessels.
(2) Table 15.812(e)(2) provides a guide to the pilotage requirements for tank barges.
(f) In Prince William Sound, Alaska, coastwise seagoing vessels over 1,600 gross tons and propelled by machinery and subject to inspection under 46 U.S.C. Chapter 37 must:
(1) When operating from 60°49′ North latitude to the Port of Valdez be under the direction and control of a federally licensed pilot who:
(i) Is operating under the Federal license;
(ii) Holds a license issued by the State of Alaska; and
(iii) Is not a member of the crew of the vessel.
(2) Navigate with either two licensed deck officers on the bridge or a federally licensed pilot when operating South of 60°49′ North latitude and in the approaches through Hinchinbrook Entrance and in the area bounded:
(i) On the West by a line one mile west of the western boundary of the Traffic Separation Scheme;
(ii) On the East by 146°00′ West longitude;
(iii) On the North by 60°49′ North latitude; and
(iv) On the South by that area of Hinchinbrook Entrance within the territorial sea bounded by 60° 07′ North latitude and 146°31.5′ West longitude.
(a) Each person in the required complement of licensed deck individuals, including the master, on inspected vessels of 300 gross tons or over which are radar equipped, shall hold a valid endorsement as radar observer.
(b) Each person who is employed or serves as pilot in accordance with Federal law on board vessels of 300 gross tons or over which are radar equipped, shall hold a valid endorsement as radar observer.
(c) Each person having to be licensed under 46 U.S.C. 8904(a) for employment or service as master, mate, or operator on board an uninspected towing vessel of 8 meters (approximately 26 feet) or more in length shall, if the vessel is equipped with radar, hold—
(1) A valid endorsement as radar observer; or,
(2) If the person holds a valid license dated before June 1, 1995, a valid certificate from a Radar-Operation course.
(a) There must be an individual holding an appropriate license as chief engineer or a license authorizing service as chief engineer employed on board the following inspected mechanically propelled vessels:
(1) Seagoing or Great Lakes vessels of 200 gross tons and over.
(2) Offshore supply vessels of more than 200 gross tons.
(3) Inland (other than Great Lakes) vessels of 300 gross tons and over, if the OCMI determines that a licensed individual responsible for the vessel's mechanical propulsion is necessary.
(b) An individual engaged or employed to perform the duties of chief engineer on a mechanically propelled, uninspected, seagoing, documented vessel of 200 gross tons or over must hold an appropriate license authorizing service as a chief engineer.
(a) An individual in charge of an engineering watch on a mechanically propelled, seagoing, documented vessel of 200 gross tons or over, other than an individual described in § 15.820, must hold an appropriate license authorizing service as an assistant engineer.
(b) The Officer in Charge, Marine Inspection determines the minimum number of licensed engineers required for the safe operation of inspected vessels.
Radio officers are required on certain merchant vessels of the United States. The determination of when a radio officer is required is based on the Federal Communications Commission requirements.
Staff officers, when carried, must be registered as specified in part 10 of this chapter.
(a) With certain exceptions, 46 U.S.C. 8702 applies to all vessels of at least 100 gross tons. At 1east 65 percent of the deck crew of these vessels, excluding licensed individuals, must be able seamen. For vessels permitted to maintain a two watch system, the percentage of able seamen may be reduced to 50 percent.
(b) Able seamen are rated as: unlimited, limited, special, offshore supply vessel, sail, and fishing industry, under the provisions of part 12 of this chapter. 46 U.S.C. 7312 specifies the categories of able seamen (i.e., unlimited, limited, etc.) necessary to meet the requirements of 46 U.S.C. 8702.
(c) It is the responsibility of the master or person in charge to ensure that the able seamen in the service of the vessel meet the requirements of 46 U.S.C. 7312 and 8702.
The number of lifeboatmen required for a vessel are specified in the parts of the regulations dealing with the inspection of that specific type of vessel.
The requirements for the maintenance of a proper lookout are specified in Rule 5 of the International Regulations for Preventing Collisions at Sea, 1972, and Rule 5 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2005). Lookout is a function to be performed by a member of a navigational watch.
(a) On vessels carrying passengers at night, the master or person in charge shall ensure that a suitable number of watchmen are in the vicinity of the cabins or staterooms and on each deck, to guard against and give alarm in case of fire or other danger.
(b) On a fish processing vessel of more than 100 gross tons, there must be a suitable number of watchmen trained in firefighting on board when hot work is being done, to guard against and give alarm in case of a fire.
(c) For the watchmen described in paragraph (a) of this section, the owner or operator of an uninspected passenger vessel not more than 300 gross tons may substitute the use of fire detectors, heat detectors, smoke detectors, and high-water alarms with audible- and visual-warning indicators, in addition to other required safety alarms, only when each of the following conditions are met:
(1) Fire detectors are located in each space containing machinery or fuel tanks per § 181.400(c) of this chapter.
(2) All grills, broilers, and deep-fat fryers are fitted with a grease extraction hood per § 181.425 of this chapter.
(3) Heat and/or smoke detectors are located in each galley, public accommodation space, enclosed passageway, berthing space, and all crew spaces.
(4) High-water alarms are located in each space with a through hull fitting below the deepest load waterline, a machinery space bilge, bilge well, shaft alley bilge, or other space subject to flooding from sea water piping within the space, and a space below the waterline with non-watertight closure such as a space with a non-watertight hatch on the main deck.
(5) Each alarm has an audible- and visual-alarm indicator located at the normal operating station and, if the normal operating position is not continually manned and not navigating underway, in an alternate location that must provide the crew, and may at all times provide the passengers, immediate warning of a hazardous condition.
(6) The vessel is underway for no more than 12 hours in any 24-hour period, and the master of the vessel has chosen to operate with less than a three-watch system in accordance with § 15.705.
(a) The Officer in Charge, Marine Inspection, enters on the Certificate of Inspection issued to each manned tank vessel subject to the regulations in this chapter the number of crewmembers required to hold valid merchant mariners' documents with the proper tankerman endorsement. Table 15.860(a)(1) provides the minimal requirements for tankermen aboard manned tank vessels; Table 15.860(a)(2) provides the tankerman endorsements required for personnel aboard tankships.
(b) For each tankship of more than 5,000 gross tons certified for voyages beyond the Boundary Line:
(1) The number of “Tankerman-PICs” or restricted “Tankerman-PICs” carried must be not fewer than two.
(2) The number of “Tankerman-Assistants” carried must be not fewer than three.
(3) The number of “Tankerman-Engineers” carried must be not fewer than two.
(c) For each tankship of 5,000 gross tons or less certified for voyages beyond the Boundary Line:
(1) The number of “Tankerman-PICs” or restricted “Tankerman-PICs” carried must be not fewer than two.
(2) The number of “Tankerman-Engineers” carried must be not fewer than two, unless only one engineer is required, in which case the number of “Tankerman-Engineers” carried may be just one.
(d) For each tankship not certified for voyages beyond the Boundary Line, if the total crew complement is:
(1) One or two, the number of “Tankerman-PICs” or restricted “Tankerman-PICs” carried may be just one.
(2) More than two, the number of “Tankerman-PICs” or restricted “Tankerman-PICs” carried must be not fewer than two.
(e) For each tank barge manned under § 31.15-5 of this chapter, if the total crew complement is:
(1) One or two, the number of “Tankerman-PICs”, restricted “Tankerman-PICs”, “Tankerman-PICs (Barge)”, or restricted “Tankerman-PICs (Barge)” carried may be just one.
(2) More than two, the number of “Tankerman-PICs”, restricted “Tankerman-PICs”, “Tankerman-PICs (Barge)”, or restricted “Tankerman-PICs (Barge)” carried must be not fewer than two.
(f) The following personnel aboard each tankship certified for voyages beyond the Boundary Line shall hold valid merchant mariners' documents, endorsed as follows:
(1) The master and chief mate shall each hold a “Tankerman-PIC” or restricted “Tankerman-PIC” endorsement.
(2) The chief, first assistant, and cargo engineers shall each hold a “Tankerman-Engineer” or “Tankerman (PIC)” endorsement.
(3) Each licensed person acting as the PIC of a transfer of liquid cargo in bulk shall hold a “Tankerman-PIC” or restricted “Tankerman-PIC” endorsement.
(4) Each licensed or unlicensed person, who is assigned by the PIC duties and responsibilities related to the cargo or cargo-handling equipment during a transfer of liquid cargo in bulk but is not directly supervised by the PIC, shall hold a “Tankerman-Assistant” endorsement.
(g) The endorsements required by this section must be for the classification of the liquid cargo in bulk or of the cargo residue being carried.
(h) Because STCW does not recognize restricted Tankerman-PIC endorsements, persons may act under these only aboard vessels conducting business inside the Boundary Line.
(a) An individual holding a license as mate or pilot of inspected, self-propelled vessels of over 200 gross tons is authorized to serve as master on inspected vessels of less than 100 gross tons within any restrictions on the individual's license.
(b) An individual holding a license authorizing service as master or mate of inspected, self-propelled vessels is authorized to serve as master or mate, respectively, of non-self-propelled vessels other than sail vessels, within any restrictions on the individual's license.
(c) An individual holding a license authorizing service as master or mate of inspected, sail vessels is authorized to serve as master or mate, respectively, of other non-self-propelled vessels, within any restrictions on the individual's license.
(d) An individual holding a license authorizing service as master or mate of inspected, auxiliary sail vessels, is authorized to serve as master or mate, respectively, of self-propelled and non-self-propelled vessels, within any restrictions on the individual's license.
(a) An individual holding a license as master or pilot of an inspected, self-propelled vessel is authorized to serve as operator of an uninspected passenger vessel under 100 gross tons within any restrictions, other than gross tonnage limitations, on the individual's license.
(b) An individual holding a license as a master or pilot of an inspected, self-propelled vessel is authorized to serve as master, as required by 46 CFR 15.805(a)(6), of an uninspected passenger vessel of at least 100 gross tons within any restrictions, including gross tonnage and route, on the individual's license.
(c) An individual holding a license as mate of inspected, self-propelled vessels (other than Great Lakes, inland, or river vessels of not more than 200 gross tons) is authorized to serve as operator of uninspected passenger vessels of less than 100 gross tons within any restrictions, other than gross tonnage limitations, on the individual's license.
(a) No person may serve as master or mate (pilot) of any towing vessel without meeting the requirements of 46 CFR 15.805(a)(5) or 15.810(d), respectively.
(b) Through May 21, 2006, the exception granted by 46 CFR 15.610(b) of this part applies to the manning of towing vessels.
The following licenses authorize the holder to serve as noted, within any restrictions on the license:
(a) A designated duty engineer license authorizes service as chief or assistant engineer on vessels of not more than 500 gross tons in the following manner:
(1) A designated duty engineer limited to vessels of not more than 1000 horsepower or 4000 horsepower may serve only on near coastal, Great Lakes, or inland waters;
(2) A designated duty engineer with no horsepower limitations may serve on any waters.
(b) A chief engineer (limited-oceans) license authorizes service as chief or assistant engineer on vessels of any gross tons on inland waters and of not more than 1600 gross tons on ocean, near coastal, or Great Lakes waters.
(c) A chief engineer (limited-near coastal) license authorizes service as chief or assistant engineer on vessels of any gross tons on inland waters and of not more than 1600 gross tons on near coastal or Great Lakes waters.
(d) An assistant engineer (limited-oceans) license authorizes service on vessels of any gross tons on inland waters and of not more than 1600 gross tons on ocean, near coastal, or Great Lakes waters.
Self-propelled vessels engaged in foreign commerce are required to use a pilot holding an appropriately endorsed Federal first class pilot's license issued by the Coast Guard when operating in the navigable waters of the United States specified in this subpart.
The following offshore marine oil terminals located within U.S. navigable waters of the State of California:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
The following offshore marine oil terminals located within U.S. navigable waters of the State of Hawaii:
The following U.S. navigable waters located within the States of New York and New Jersey when the vessel is making an intra-port transit, to include, but not limited to, a movement from a dock to a dock, from a dock to an anchorage, from an anchorage to a dock, or from an anchorage to an anchorage, within the following listed operating areas:
(a) East River from Execution Rocks to New York Harbor, Upper Bay;
(b) Hudson River from Yonkers, New York to New York Harbor, Upper Bay;
(c) Raritan River from Grossman Dock/Arsenal to New York Harbor, Lower Bay;
(d) Arthur Kill Channel;
(e) Kill Van Kull Channel;
(f) Newark Bay;
(g) Passaic River from Point No Point to Newark Bay;
(h) Hackensack River from the turning basin to Newark Bay; and
(i) New York Harbor, Upper and Lower Bay.
The following U.S. navigable waters located within the State of Massachusetts when the vessel is in transit, but not bound to or departing from a port within the following listed operating areas:
(a) Cape Cod Bay south of latitude 41°48′54″N;
(b) The Cape Cod Canal; and
(c) Buzzards Bay east of a line extending from the southernmost point of Wilbur Point (latitude 41°34′55″N longitude 70°51′15″W) to the easternmost point of Pasque Island (latitude 41°26′55″N longitude 70°50′30″W).
(a) The following navigable waters of the United States within the State of North Carolina when the vessel is maneuvering while berthing or unberthing, is approaching or passing through a bridge, or is making any intra-port transit, which transit may include but is not limited to movement from a dock to a dock, from a dock to an anchorage, from an anchorage to a dock, or from an anchorage to an anchorage, within either of the following areas:
(1) The waters of the Cape Fear River from the boundary line established by 46 CFR 7.60 to Latitude 34° 16.5′N.
(2) The waters of the Northeast Cape Fear River from its confluence with the Cape Fear River at Point Peter to Latitude 34°17′N.
(b) This subpart does not apply to any vessel on the waters specified in paragraph (a) of this section if the laws of the State of North Carolina require a State-licensed pilot on the vessel.
(a)
(1)
(2)
(3)
(4)
(5)
(b) Except as otherwise provided in § 15.1103(d), the regulations in this subpart apply to seagoing vessels subject to STCW.
(c) A vessel that has on board a valid Safety Management Certificate and a copy of a Document of Compliance issued for that vessel in accordance with 46 U.S.C. 3205 is presumed in compliance with the regulations in this subpart.
(a) On board a seagoing vessel operating beyond the Boundary Line, no person may employ or engage any person to serve, and no person may serve, in a position requiring a person to hold an STCW endorsement, including master, chief mate, chief engineer, second engineer, officer of the navigational or engineering watch, or radio operator, unless the person serving holds an appropriate, valid STCW certificate or endorsement issued in accordance with part 10 or 12 of this chapter.
(b) On board a seagoing vessel of 500 GT or more, no person may employ or engage any person to serve, and no person may serve, as a rating forming part of the navigational watch, except for training, unless the person serving holds an appropriate, valid STCW certificate or endorsement issued in accordance with part 12 of this chapter.
(c) After January 31, 2002, on board a seagoing vessel driven by main propulsion machinery of 750 kW [1,000 hp] propulsion power or more, no person may employ or engage any person to serve, and no person may serve, in a rating forming part of a watch in a manned engine-room, nor may any person be designated to perform duties in a periodically unmanned engine-room, except for training or for the performance of duties of an unskilled nature, unless the person serving holds an appropriate, valid STCW certificate or endorsement issued in accordance with part 12 of this chapter.
(d) You must hold documentary evidence to show you meet the requirements of § 10.1005 (if licensed) or § 12.30-5 (if unlicensed) of this chapter if you are a master or crewmember on board a Ro-Ro passenger ship to which a certificate signifying compliance with the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS), has been issued.
(e) You must hold documentary evidence to show you meet the requirements of § 10.1105 (if licensed) or § 12.35-5 (if unlicensed) of this chapter if you are a master or crewmember on board a vessel that is—
(1) Subject to the STCW;
(2) Not a Ro-Ro passenger ship; and
(3) Carrying more than 12 passengers when on an international voyage.
(f) After January 31, 2002, on board a seagoing vessel required to comply with provisions of the Global Maritime Distress and Safety System (GMDSS) in Chapter IV of SOLAS, no person may employ or engage any person to serve, and no person may serve, as the master, chief mate, or officer of the navigational watch, unless the person serving holds the appropriate certificate for operator of radio in GMDSS.
(g) On board a seagoing vessel required to comply with provisions of the GMDSS in Chapter IV of SOLAS, no person may employ or engage any person to serve, and no person may serve, as the person designated to maintain GMDSS equipment at sea, when the service of a person so designated is used to meet the maintenance requirements of SOLAS Regulation IV/15, which allows for capability of at-sea electronic maintenance to ensure that radio equipment is available for radio communication, unless the person so serving holds documentary evidence that he or she is competent to maintainGMDSS equipment at sea.
(h) After January 31, 2002, on board a seagoing vessel fitted with an Automatic Radar Plotting Aid (ARPA), no person may employ or engage any person to serve, and no person may serve, as the master, chief mate, or officer of the navigational watch, unless the person so serving has been trained in the use of ARPA in accordance with § 10.205 or § 10.209 of this chapter, whichever is appropriate.
(a) After January 31, 1997, on board a seagoing vessel, no person may assign any person to perform shipboard duties, and no person may perform those duties, unless the person performing them has received—
(1) Training in personal survival techniques as set out in the standard of competence under STCW Regulation VI/1; or
(2) Sufficient familiarization training or instruction that he or she—
(i) Can communicate with other persons on board about elementary safety matters and understand informational symbols, signs, and alarm signals concerning safety;
(ii) Knows what to do if a person falls overboard; if fire or smoke is detected; or if the firm alarm or abandon-ship alarm sounds;
(iii) Can identify stations for muster and embarkation, and emergency-escape routes;
(iv) Can locate and don life-jackets;
(v) Can raise the alarm and knows the use of portable fire extinguishers;
(vi) Can take immediate action upon encountering an accident or other medical emergency before seeking further medical assistance on board; and
(vii) Can close and open the fire doors, weather-tight doors, and watertight doors fitted in the vessel other than those for hull openings.
(b) After January 31, 1997, on board a seagoing vessel, no person may assign a shipboard duty or responsibility to any person who is serving in a position that must be filled as part of the required crew complement, and no person may perform any such duty or responsibility, unless he or she is familiar with it and with all vessel's arrangements, installations, equipment, procedures, and characteristics relevant to his or her routine or emergency duties or responsibilities, in accordance with STCW Regulation I/14.
(c) After January 31, 1997, on board a seagoing vessel, no person may assign a shipboard duty or responsibility to any person who is serving in a position that must be filled as part of the required crew complement or who is assigned a responsibility on the muster list, and no person may perform any such duty or responsibility, unless the person performing it can produce evidence of having—
(1) Received appropriate approved basic safety training or instruction as set out in the standards of competence under STCW Regulation VI/1, with respect to personal survival techniques, fire prevention and fire-fighting, elementary first aid, and personal safety and social responsibilities; and
(2) Achieved or, if training has been completed, maintained competence within the last 5 years, in accordance with STCW regulation VI/1.
(d) Subject to training requirements that may apply for issue or renewal of a license or document under part 10 or 12 of this chapter, a person who is serving on a seagoing vessel immediately before February 1, 1997, and has not received training or instruction in basic safety training, may continue to serve until February 1, 2002, without receiving such training or instruction, if he or she can produce evidence of having participated in well-organized drills and other structured exercises or in on-board safety-training programs during which his or her performance was evaluated and weaknesses were brought to his or her attention.
(e) Fish-processing vessels in compliance with the provisions of 46 CFR part 28 on instructions, drills, and safety orientation are deemed to be in compliance with the requirements of this section on familiarization and basic safety-training.
Each owner or operator of a U.S.-documented seagoing vessel shall ensure that procedures are in place, in respect of each merchant mariner holding a license or merchant mariner's document and serving on any such vessel, to ensure that the following information is maintained throughout his or her service, and is readily accessible to those in management responsible for the safety of the vessel and for the prevention of marine pollution:
(a) Medical fitness (such as results of a recent evaluation by a medical professional certifying that the mariner is physically able to perform the tasks
(b) Experience and training relevant to assigned shipboard duties (i.e., record of training completed, and of relevant on-the-job experience acquired).
(c) Competency in assigned shipboard duties (evidenced by copies of current licenses, documents, or endorsements that the mariner holds, as well as by a record of the most recent basic safety assessment and by instances where ship-specific familiarization has been achieved and maintained).
Each master of a vessel that operates beyond the Boundary Line shall ensure observance of the principles concerning watchkeeping set out in STCW Regulation VIII/2 and section A-VIII/2 of the STCW Code.
(a) After January 31, 1997, each person assigned duty as officer in charge of a navigational or engineering watch, or duty as a rating forming part of a navigational or engineering watch, on board any vessel that operates beyond the Boundary Line shall receive a minimum of 10 hours of rest in any 24-hour period.
(b) The hours of rest required under paragraph (a) of this section may be divided into no more than two periods, of which one must be at least 6 hours in length.
(c) The requirements of paragraphs (a) and (b) of this section need not be maintained in the case of an emergency or drill or in other overriding operational conditions.
(d) The minimum period of 10 hours of rest required under paragraph (a) of this section may be reduced to not less than 6 consecutive hours as long as—
(1) No reduction extends beyond 2 days; and
(2) Not less than 70 hours of rest are provided each 7-day period.
(e) The minimum period of rest required under paragraph (a) of this section may not be devoted to watchkeeping or other duties.
(f) Watchkeeping personnel remain subject to the work-hour limits in 46 U.S.C. 8104 and to the conditions when crew members may be required to work.
(g) The Master shall post watch schedules where they are easily accessible. They must cover each affected member of the crew and must take into account the rest requirements of this section as well as port rotations and changes in the vessel's itinerary.
46 U.S.C. 2103, 3306, 7101, 7301, and 7701; 49 CFR 1.46.
(a) The regulations in this part provide a means to minimize the use of intoxicants by merchant marine personnel and to promote a drug free and safe work environment.
(b) These regulations prescribe the minimum standards, procedures, and means to be used to test for the use of dangerous drugs.
(c) As part of a reasonable cause drug testing program established pursuant to this part, employers may test for drugs in addition to those specified in this part only with approval granted by the Coast Guard under 49 CFR part 40 and for substances for which the Department of Health and Human Services has established an approved testing protocol and positive threshold.
(a) On board a vessel acting under the authority of a license, certificate of registry, or merchant mariner's document issued under this subchapter, whether or not the individual is a member of the vessel's crew; or
(b) Engaged or employed on board a vessel owned in the United States that is required by law or regulation to engage, employ, or be operated by an individual holding a license, certificate of registry, or merchant mariner's document issued under this subchapter, except the following:
(1) Individuals on fish processing vessels who are primarily employed in the preparation of fish or fish products, or in a support position, and who have no duties that directly affect the safe operation of the vessel;
(2) Scientific personnel on an oceanographic research vessel;
(3) Individuals on industrial vessels who are industrial personnel, as defined in this chapter; and
(4) Individuals not required under part 15 of this subchapter who have no duties that directly affect the safe operation of the vessel.
(a) Determining the vessel's position, piloting, directing the vessel along a desired trackline, keeping account of the vessel's progress through the water, ordering or executing changes in course, rudder position, or speed, and maintaining a lookout;
(b) Controlling, operating, monitoring, maintaining, or testing: the vessel's propulsion and steering systems; electric power generators; bilge, ballast, fire, and cargo pumps; deck machinery including winches, windlasses, and lifting equipment; lifesaving equipment and appliances; firefighting systems and equipment; and navigation and communication equipment; and
(c) Mooring, anchoring, and line handling; loading or discharging of cargo or fuel; assembling or disassembling of tows; and maintaining the vessel's stability and watertight integrity.
(a) To obtain a waiver from 49 CFR 40.21 or from this part you must send your request for a waiver to the Commandant (G-MOA).
(b) Employers for whom compliance with this part would violate the domestic laws or policies of another country may request an exemption from the drug testing requirements of this part by submitting a written request to Commandant (G-MOA), at the address listed in § 16.500(a).
(c) An employer may request a waiver from the Coast Guard in order to stand-down a crewmember following the Medical Review Officer's receipt of a laboratory report of a confirmed positive test for a drug or drug metabolite, an adulterated test, or a substituted test pertaining to the crewmember. Consistent with 49 CFR 40.21, the request for a waiver must include as a minimum: Information about the organization and the proposed written company policy concerning stand-down.
Service agents are subject to Public Interest Exclusion (PIE) actions in accordance with 49 CFR Part 40, subpart R. The PIE is an action which excludes from participation in DOT's drug and alcohol testing program any service agent who, by serious noncompliance with this part or with 49 CFR part 40, has shown that it is not currently acting in a responsible manner.
(a) Drug testing programs required by this part must be conducted in accordance with 49 CFR part 40, Procedures for Transportation Workplace Testing Programs. This subpart summarizes the responsibilities of documented and licensed mariners, marine employers, MRO, SAP and other chemical testing service providers in 49 CFR part 40. The regulations in 49 CFR part 40 should be consulted to determine the specific procedures which must be established and utilized. Drug testing programs required by this part must use only drug testing laboratories certified by the Department of Health and Human Services (DHHS).
(b) Each specimen collected in accordance with this part will be tested, as provided in 49 CFR 40.85, for the following:
(1) Marijuana;
(2) Cocaine;
(3) Opiates;
(4) Phencyclidine (PCP); and
(5) Amphetamines.
Violation of this part is subject to the civil penalties set forth in 46 U.S.C. 2115. Any person who fails to implement or conduct, or who otherwise fails to comply with the requirements for chemical testing for dangerous drugs as prescribed under this part, is liable to the United States Government for a civil penalty of not more than $5,000 for each violation. Each day of a continuing violation will constitute a separate violation.
(a) Chemical testing of personnel must be conducted as required by this subpart and in accordance with the procedures detailed in 49 CFR part 40.
(b) If an individual fails a chemical test for dangerous drugs under this part, the individual will be presumed to be a user of dangerous drugs.
(c) If an individual holding a license, certificate of registry, or merchant mariner's document fails a chemical test for dangerous drugs, the individual's employer, prospective employer, or sponsoring organization must report the test results in writing to the nearest Coast Guard Officer in Charge, Marine Inspection (OCMI). The individual must be denied employment as a crewmember or must be removed from duties which directly affect the safe operation of the vessel as soon as practicable and is subject to suspension and revocation proceedings against his or her license, certificate of registry, or merchant mariner's document under 46 CFR part 5.
(d) If an individual who does not hold a license, certificate of registry, or merchant mariner's document fails a chemical test for dangerous drugs, the individual shall be denied employment as a crewmember or removed from duties which directly affect the safe operation of the vessel as soon as possible.
(e) An individual who has failed a required chemical test for dangerous drugs may not be re-employed aboard a vessel until the requirements of paragraph (f) of this section and 46 CFR Part 5, if applicable, have been satisfied.
(f) Before an individual who has failed a required chemical test for dangerous drugs may return to work aboard a vessel, the MRO must determine that the individual is drug-free and the risk of subsequent use of dangerous drugs by that person is sufficiently low to justify his or her return
(1) For a minimum of six (6) tests in the first year after the individual returns to work as required in 49 CFR part 40; and
(2) For any additional period as determined by the MRO up to a total of 60 months.
(a)
(2) Employers are responsible for all the actions of their officials, representatives, and agents in carrying out the requirements of this part.
(3) All agreements and arrangements, written or unwritten, between and among employers and service agents concerning the implementation of DOT drug testing requirements are deemed, as a matter of law, to require compliance with all applicable provisions of this part and DOT agency drug testing regulations. Compliance with these provisions is a material term of all such agreements and arrangements.
(b)
(2) MROs may report chemical drug test results to the Coast Guard for unemployed, self-employed, or individual mariners.
(c)
(a) When a vessel owned in the United States is operating in waters that are not subject to the jurisdiction of the United States, the testing requirements of §§ 16.210 and 16.230 do not apply to a citizen of a foreign country engaged or employed as pilot in accordance with the laws or customs of that foreign country.
(b) Upon written request of an employer, Commandant (G-MOA) will review the employer's chemical testing program to determine compliance with the provisions of this part.
(a) No marine employer shall engage or employ any individual to serve as a crewmember unless the individual passes a chemical test for dangerous drugs for that employer.
(b) An employer may waive a pre-employment test required for a job applicant by paragraph (a) of this section if the individual provides satisfactory evidence that he or she has:
(1) Passed a chemical test for dangerous drugs, required by this part, within the previous six months with no subsequent positive drug tests during the remainder of the six-month period; or
(2) During the previous 185 days been subject to a random testing program required by § 16.230 for at least 60 days and did not fail or refuse to participate in a chemical test for dangerous drugs required by this part.
(a) Except as provided by paragraph (c) of this section, and §§ 10.209(h) and 12.02-9(f) of this subchapter, an applicant for an original issuance or a renewal of a license or a certificate of registry (COR), a raise in grade of a license, a higher grade of COR, an original issuance of a merchant mariner's document (MMD), the first endorsement as an able seaman, lifeboatman, qualified member of the engine department, or tankerman, or a reissuance of an MMD with a new expiration date shall be required to pass a chemical test for dangerous drugs. The applicant shall provide the results of the test to
(b) Unless excepted under paragraph (c) of this section, each pilot required by this subchapter to receive an annual physical examination must pass a chemical test for dangerous drugs as a part of that examination. The individual shall provide the results of each test required by this section to the REC when the pilot applies for a license renewal or when requested by the Coast Guard.
(c) An applicant need not submit evidence of passing a chemical test for dangerous drugs required by paragraph (a) or (b) of this section if he or she provides satisfactory evidence that he or she has—
(1) Passed a chemical test for dangerous drugs required by this part within the previous six months with no subsequent positive chemical tests during the remainder of the 6-month period; or
(2) During the previous 185 days been subject to a random testing program required by § 16.230 for at least 60 days and did not fail or refuse to participate in a chemical test for dangerous drugs required by this part.
(d) Except as provided by paragraph (b) of this section, an applicant is required to provide the results of only one chemical test for dangerous drugs when multiple transactions are covered by or requested in a single application.
(a) Marine employers shall establish programs for the chemical testing for dangerous drugs on a random basis of crewmembers on inspected vessels who:
(1) Occupy a position, or perform the duties and functions of a position, required by the vessel's Certificate of Inspection;
(2) Perform the duties and functions of patrolmen or watchmen required by this chapter; or,
(3) Are specifically assigned the duties of warning, mustering, assembling, assisting, or controlling the movement of passengers during emergencies.
(b) Marine employers shall establish programs for the chemical testing for dangerous drugs on a random basis of crewmembers on uninspected vessels who:
(1) Are required by law or regulation to hold a license issued by the Coast Guard in order to perform their duties on the vessel;
(2) Perform duties and functions directly related to the safe operation of the vessel;
(3) Perform the duties and functions of patrolmen or watchmen required by this chapter; or,
(4) Are specifically assigned the duties of warning, mustering, assembling, assisting, or controlling the movement of passengers during emergencies.
(c) The selection of crewmembers for random drug testing shall be made by a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with crewmembers' Social Security numbers, payroll identification numbers, or other comparable identifying numbers. Under the testing frequency and selection process used, each covered crewmember shall have an equal chance of being tested each time selections are made and an employee's chance of selection shall continue to exist throughout his or her employment. As an alternative, random selection may be accomplished by periodically selecting one or more vessels and testing all crewmembers covered by this section, provided that each vessel subject to the marine employer's test program remains equally subject to selection.
(d) Marine employers may form or otherwise use sponsoring organizations, or may use contractors, to conduct the random chemical testing programs required by this part.
(e) Except as provided in paragraph (f) of this section, the minimum annual percentage rate for random drug testing shall be 50 percent of covered crewmembers.
(f) The annual rate for random drug testing may be adjusted in accordance with this paragraph.
(1) The Commandant's decision to increase or decrease the minimum annual percentage rate for random drug
(2) When the minimum annual percentage rate for random drug testing is 50 percent, the Commandant may lower this rate to 25 percent of all covered crewmembers if the Commandant determines that the data received under the reporting requirements of 46 CFR 16.500 for two consecutive calendar years indicate that the positive rate is less than 1.0 percent.
(3) When the minimum annual percentage rate for random drug testing is 25 percent, and the data received under the reporting requirements of 46 CFR 16.500 for any calendar year indicate that the positive rate is equal to or greater than 1.0 percent, the Commandant will increase the minimum annual percentage rate for random drug testing to 50 percent of all covered crewmembers.
(g) Marine employers shall randomly select a sufficient number of covered crewmembers for testing during each calendar year to equal an annual rate not less than the minimum annual percentage rate for random drug testing determined by the Commandant. If the marine employer conducts random drug testing through a consortium, the number of crewmembers to be tested may be calculated for each individual marine employer or may be based on the total number of covered crewmembers covered by the consortium who are subject to random drug testing at the same minimum annual percentage rate under this part or any DOT drug testing rule.
(h) Each marine employer shall ensure that random drug tests conducted under this part are unannounced and that the dates for administering random tests are spread reasonably throughout the calendar year.
(i) If a given covered crewmember is subject to random drug testing under the drug testing rules of more than one DOT agency for the same marine employer, the crewmember shall be subject to random drug testing at the percentage rate established for the calendar year by the DOT agency regulating more than 50 percent of the crewmember's function.
(j) If a marine employer is required to conduct random drug testing under the drug testing rules of more than one DOT agency, the marine employer may—
(1) Establish separate pools for random selection, with each pool containing the covered crewmembers who are subject to testing at the same required rate; or
(2) Randomly select such crewmembers for testing at the highest percentage rate established for the calendar year by any DOT agency to which the marine employer is subject.
(k) An individual may not be engaged or employed, including self-employment, on a vessel in a position as master, operator, or person in charge for which a license or merchant mariner's document is required by law or regulation unless all crewmembers covered by this section are subject to the random testing requirements of this section.
The marine employer shall ensure that all persons directly involved in a serious marine incident are chemically tested for evidence of dangerous drugs and alcohol in accordance with the requirements of 46 CFR 4.06.
(a) The marine employer shall require any crewmember engaged or employed on board a vessel owned in the United States that is required by law or regulation to engage, employ or be operated by an individual holding a license, certificate of registry, or merchant mariner's document issued under this subchapter, who is reasonably suspected of using a dangerous drug to be chemically tested for dangerous drugs.
(b) The marine employer's decision to test must be based on a reasonable and articulable belief that the individual has used a dangerous drug based on direct observation of specific, contemporaneous physical, behavioral, or performance indicators of probable use. Where practicable, this belief should be based on the observation of the individual by two persons in supervisory positions.
(c) When the marine employer requires testing of an individual under the provisions of this section, the individual must be informed of that fact and directed to provide a urine specimen as soon as practicable. This fact shall be entered in the vessel's official log book, if one is required.
(d) If an individual refuses to provide a urine specimen when directed to do so by the employer under the provisions of this section, this fact shall be entered in the vessel's official log book, if one is required.
(a) Employers must maintain records of chemical tests as provided in 49 CFR 40.333 and must make these records available to Coast Guard officials upon request.
(b) The records shall be sufficient to:
(1) Satisfy the requirements of §§ 16.210(b) and 16.220(c) of this part.
(2) Identify the total number of individuals chemically tested annually for dangerous drugs in each of the categories of testing required by this part including the annual number of individuals failing chemical tests and the number and types of drugs for which individuals tested positive.
The employer shall provide an Employee Assistance Program (EAP) for all crewmembers. The employer may establish the EAP as a part of its internal personnel services or the employer may contract with an entity that will provide EAP services to a crewmember. Each EAP must include education and training on drug use for crewmembers and the employer's supervisory personnel as provided below:
(a)
(b)
(a)
(1) Total number of employees during the calendar year that were subject to the drug testing rules in this part.
(2) Number of employees subject to testing under the anti-drug rules of both the Coast Guard and another DOT agency based on the nature of their assigned duties as identified by each agency.
(3) Number of drug and alcohol tests conducted identified by test type. Drug test types are pre-employment, periodic, random, post-accident, and reasonable cause. Alcohol test types are post-accident and reasonable cause.
(4) Number of positive drug test results verified by a Medical Review Officer (MRO) by test type and types of drug(s). Number of alcohol tests resulting in a blood alcohol concentration weight of .04 percent or more by test type.
(5) Number of negative drug and alcohol test results reported by MRO by test type.
(6) Number of applicants denied employment based on a positive drug test result verified by an MRO.
(7) Number of marine employees with a MRO-verified positive test result who returned to duty in a safety-sensitive position subject to required chemical testing, after meeting the requirements of § 16.370(d) and part 5 of this chapter.
(8) Number of marine employees with positive drug test results verified by a MRO as positive for one drug or a combination of drugs.
(9) Number of employees required under this part to be tested who refused to submit to a drug test.
(10) Number of covered employees and supervisory personnel who received the required initial training.
(b)
(2) Form CG-5573 is reproduced in Appendix B of this part and you may obtain the form from any Marine Inspection Office. You may also download a copy of Form CG-5573 from the U.S. Coast Guard Marine Safety and Environmental Protection web site at http://www.uscg.mil/hq/g-m/nmc/genpub.htm.
(3) A consortium or other employer representative may submit data for a marine employer. Reports may contain data for more than one marine employer. Each report, however, must list the marine employers included in the report.
(4) Marine employers must ensure that data submitted by a consortium or other employer representative under paragraph (b)(3) of this section is correct.
(c) After filing 3 consecutive annual MIS reports since January 1, 1996, required by paragraph (b) of this section, marine employers with 10 or fewer covered employees may stop filing the annual report each succeeding year during which they have no more than 10 covered employees.
(d) Marine employers who conduct operations regulated by another Department of Transportation Operating Administration must submit appropriate data to that Operating Administration for employees subject to that Operating Administration's regulations.
This listing is provided for informational purposes only. It is compiled and kept current by the U.S. Coast Guard, Department of Homeland Security. This index is updated as of October 1, 2003.
46 U.S.C. 2113, 3306, 4104, 4302; Pub. L. 103-206, 107 Stat. 2439; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
The purpose of the regulations in this subchapter is to set forth uniform minimum requirements for uninspected commercial vessels, certain motor vessels, vessels propelled by sail carrying passengers for hire, and barges carrying passengers for hire.
Any person directly affected by a decision or action taken under this subchapter, by or on behalf of the Coast Guard, may appeal therefrom in accordance with subpart 1.03 of this chapter.
(a) This subchapter is applicable to all vessels indicated in Column 5 of Table 24.05-1(a), and is applicable to all such U.S.-flag vessels, and to all such foreign-flag vessels, except as follows:
(1) Any vessel operating exclusively on inland waters which are not navigable waters of the United States.
(2) Any vessel while laid up and dismantled and out of commission.
(3) With the exception of vessels of the U.S. Maritime Administration, any vessel with title vested in the United States and which is used for public purposes.
(a) At the beginning of the various parts, subparts, and sections, a more specific application is generally given for the particular portion of the text involved. This application sets forth the types, sizes, or services of vessels to which the text pertains, and in many cases limits the application of the text to vessels contracted for before or after a specific date. As used in this subchapter, the term
(b) [Reserved]
(1) The various length categories of motorboats are as follows:
(i) Any motorboat less than 16 feet in length.
(ii) Any motorboat 16 feet or over and less than 26 feet in length.
(iii) Any motorboat 26 feet or over and less than 40 feet in length.
(iv) Any motorboat 40 feet or over and not more than 65 feet in length.
(2) The expression “length must be measured from end-to-end over the deck excluding sheer” means a straight-line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline. Bowsprits, bumpkins, rudders, outboard motor brackets, and similar fittings or attachments, are not to be included in the measurement. Length must be stated in feet and inches.
(1) Any ocean.
(2) The Gulf of Mexico.
(3) The Caribbean Sea.
(4) The Bering Sea.
(5) The Gulf of Alaska.
(6) Such other similar waters as may be designated by a Coast Guard District Commander.
(1) The owner or an individual representative of the owner, or in the case of a vessel under charter, an individual charterer or individual representative of the charterer;
(2) The master; or
(3) A member of the crew engaged in the business of the vessel, who has not contributed consideration for carriage, and who is paid for onboard services.
(1) Of at least 100 gross tons;
(i) Carrying not more than 12 passengers, including at least one passenger-for-hire; or
(ii) That is chartered with the crew provided or specified by the owner or the owner's representative and carrying not more than 12 passengers; and
(2) Of less than 100 gross tons;
(i) Carrying not more than six passengers, including at least one passenger-for-hire; or
(ii) That is chartered with the crew provided or specified by the owner or the owner's representative and carrying not more than six passengers.
(a) Where in this subchapter it is provided that a particular fitting, material, appliance, apparatus, or equipment, or type thereof, shall be fitted or carried in a vessel, or that any particular provision shall be made or arrangement shall be adopted, the Commandant may accept in substitution therefor any other fitting, material, apparatus, or equipment, or type thereof, or any other arrangement:
(b) In any case where it is shown to the satisfaction of the Commandant that the use of any particular equipment, apparatus, or arrangement not
Uninspected Canadian pleasure craft (uninspected vessels) temporarily using navigable waters of the United States may carry in lieu of the equipment required by this subchapter, the equipment as required by the laws of the Dominion of Canada and the regulations of the Department of Transport, Ottawa, Canada.
(a) All marine engineering details relative to the design, construction, and testing of boilers and machinery on steam-propelled motorboats of over 40 feet in length will be found in subchapter F (Marine Engineering) of this chapter.
33 U.S.C. 1903(b); 46 U.S.C. 3306, 4102, 4302; Department of Homeland Security Delegation No. 0170.
(a) The provisions of this part shall apply to all vessels except as specifically noted.
(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a). To enforce any edition other than that specified in paragraph (b) of this section, the Coast Guard must publish notice of change in the
(b) The material approved for incorporation by reference in this part and the sections affected are:
At 66 FR 55091, Nov. 1, 2001, paragraph (b) was amended by adding a standard, effective Nov. 1, 2002. At 67 FR 2329, Jan. 17, 2002, the effective date was delayed until Nov. 1, 2003. For the convenience of the user, the added text is set forth as follows:
(b) * * *
(a)
(b)
At 66 FR 55092, Nov. 1, 2001, subpart 25.10 was added, effective Nov. 1, 2002. At 67 FR 2329, Jan. 17, 2002, the effective date was delayed until Nov. 1, 2003.
This subpart applies to vessel manufacturers, distributors, and dealers installing navigation lights on all uninspected commercial vessels, except those completed before November 7, 2002.
As used in this subpart:
(1) The manufacture, construction, or assembly of vessels, or
(2) The importation of vessels into the United States for subsequent sale.
(a) Except as provided by paragraph (b) of this section, each navigation light must—
(1) Meet the technical standards of the applicable Navigation Rules;
(2) Be certified by a laboratory listed by the Coast Guard to the standards of ABYC A-16 (incorporated by reference, see § 25.01-3), or equivalent, although portable battery-powered lights need only meet the requirements of the standard applicable to them; and
(3) Bear a permanent and indelible label stating the following:
(i) “USCG Approval 33 CFR 183.810”
(ii) “MEETS __.” (Insert the identification name or number of the standard under paragraph (a)(2) of this section, to which the light was type-tested.)
(iii) “TESTED BY __.” (Insert the name or registered certification-mark of the laboratory listed by the Coast Guard that tested the fixture to the standard under paragraph (a)(2) of this section.)
(iv) Name of Manufacturer.
(v) Number of Model.
(vi) Visibility of the light in nautical miles (nm).
(vii) Date on which the light was type-tested.
(viii) Identification of bulb used in the compliance test.
(b) If a light is too small to attach the required label—
(1) Place the information from the label in or on the package that contains the light; and
(2) Mark each light “USCG” followed by the certified range of visibility in nautical miles, for example, “USCG 2nm.” Once installed, this mark must be visible without removing the light.
This subpart applies to each vessel to which this part applies, except:
(a) Vessels used for noncommercial use;
(b) Vessels leased, rented, or chartered to another for the latter's noncommercial use;
(c) Commercial vessels propelled by sail not carrying passengers for hire; or
(d) Commercial barges not carrying passengers for hire.
As used in this subpart:
(a)
(b)
(a) No person may operate a vessel to which this subpart applies unless it meets the requirements of this subpart.
(b) Each vessel not carrying passengers for hire, less than 40 feet in length must have at least one life preserver (Type I PFD), buoyant vest (Type II PFD), or marine buoyant device intended to be worn (Type III PFD), approved under subchapter Q of a suitable size for each person on
(c) Each vessel carrying passengers for hire and each vessel 40 feet in length or longer not carrying passengers for hire must have at least one life preserver approved under subchapter Q of a suitable size for each person on board. Kapok and fibrous glass life preservers which do not have plastic-covered pad inserts as required by subparts 160.002 and 160.005 of this chapter are not acceptable as equipment required by this paragraph.
(d) In addition to the equipment required by paragraph (b) and (c) of this section, each vessel 26 feet in length or longer must have at least one approved ring life buoy, and each uninspected passenger vessel of at least 100 gross tons must have at least three ring life buoys. Ring life buoys must be constructed per subpart 160.050 of part 160 of this chapter. The exception is a ring life buoy that was approved prior to May 9, 1979, under former subpart 160.009 of part 160 of this chapter (see 46 CFR chapter I, revised as of October 1, 1979), which may be used as long as it is in good and serviceable condition.
(e) Each vessel not carrying passengers for hire may substitute an immersion suit for a life preserver, buoyant vest, or marine buoyant device required under paragraphs (b) or (c) of this section. Each immersion suit carried in accordance with this paragraph must be of a type approved under subpart 160.171 of this chapter.
(f) On each vessel, regardless of length and regardless of whether carrying passengers for hire, an approved commercial hybrid PFD may be substituted for a life preserver, buoyant vest, or marine buoyant device required under paragraphs (b) or (c) of this section if it is—
(1) Used in accordance with the conditions marked on the PFD and in the owner's manual;
(2) Labeled for use on commercial vessels; and
(3) In the case of a Type V commercial hybrid PFD, worn when the vessel is underway and the intended wearer is not within an enclosed space.
The lifesaving equipment required by this subpart must be legibly marked as specified in subchapter Q of this chapter.
(a) The lifesaving equipment designed to be worn required in § 25.25-5 (b), (c) and (e) must be readily accessible.
(b) Lifesaving equipment designed to be thrown required in § 25.25-5(d) must be immediately available.
The lifesaving equipment required by this subpart must be in serviceable condition.
(a) This section applies to vessels described in § 25.25-1 that engage in ocean, coastwise, or Great Lakes voyages.
(b) Each immersion suit carried in accordance with § 25.25-5(e), each life preserver, each marine buoyant device intended to be worn, and each buoyant vest must have a personal flotation device light that is approved under subpart 161.012 of this chapter.
(c) Each personal flotation device light required by this section must be securely attached to the front shoulder area of the immersion suit, life preserver, or other personal flotation device.
(d) If a personal flotation device light has a non-replaceable power source, the light must be replaced on or before the expiration date of the power source. If the light has a replaceable power source, the power source must be replaced on or before its expiration date
(a) Each life preserver, each marine buoyant device intended to be worn, and each buoyant vest carried on a vessel must have Type I retroreflective material that is approved under subpart 164.018 of this chapter.
(b) Each item required to have ret-roreflective material must have at least 200 sq. cm (31 sq. in.) of material attached to its front side, at least 200 sq. cm of material on its back side, and, if the item is reversible, at least 200 sq. cm of material on each of its reversible sides. The material attached on each side of the item must be divided equally between the upper quadrants of the side, and the material in each quadrant must be attached as closely as possible to the shoulder area of the item.
(a) Each uninspected passenger vessel of at least 100 gross tons must have adequate survival craft with enough capacity for all persons aboard and must meet one of the following requirements:
(1) An inflatable liferaft must be approved under 46 CFR part 160, subparts 160.051 or 160.151, and be equipped with an applicable equipment pack or be approved by another standard specified by the Commandant. Inflatable liferafts must be serviced at a servicing facility approved under 46 CFR part 160, subpart 160.151.
(2) An inflatable buoyant apparatus must be approved under 46 CFR part 160, subpart 160.010 or under another standard specified by the Commandant. An inflatable buoyant apparatus must be serviced at a servicing facility approved under 46 CFR part 160, subpart 160.151.
(b) If the vessel carries a small boat or boats, the capacity of the small boat or boat(s) may be counted toward the survival craft capacity required by this part. Such small boat or boat(s) must meet the requirements for safe loading and floatation in 33 CFR part 183.
Each uninspected passenger vessel must meet the visual distress signal requirements of 33 CFR part 175 applicable to the vessel.
As used in this subpart:
As an example, a vessel on a voyage involving catching fish which are to be sold, is a commercial fishing industry vessel for the purposes of the EPIRB regulations in this section, even if there are passengers on board during the voyage.
(a) The owner of a fishing vessel, a fish processing vessel, or a fish tender vessel, 11 meters (36 feet) or more in length, except for vessels described in paragraph (b) or (c) of this section, shall ensure that the vessel does not operate on the high seas or beyond three miles from the coastline of the Great Lakes unless it has on board a float-free, automatically activated Category 1 406 MHz EPIRB stowed in a manner so that it will float-free if the vessel sinks.
(b) The owner of a fishing vessel, fish processing vessel, or a fish tender vessel less than 11 meters (36 feet) in length, or 11 meters or more in length which has a builder's certification that the vessel is constructed with sufficient inherently buoyant material to keep the flooded vessel afloat, shall ensure that the vessel does not operate on the high seas or beyond three miles from the coastline of the Great Lakes, unless it has installed in a readily accessible location at or near the principal steering station—
(1) A manually activated Category 2 406 MHz EPIRB; or
(2) A float-free, automatically activated Category 1 406 MHz EPIRB.
(3) Until February 1, 1998, a 121.5/243.0 MHz EPIRB meeting § 25.26-30.
(c) The owner of a fishing vessel, fish processing vessel or a fish tender vessel 11 meters (36 feet) or more in length that does not have installed galley or berthing facilities, shall ensure that the vessel does not operate on the high seas or beyond three miles from the coastline of the Great Lakes unless it has on board a float-free, automatically activated Category 1 406 MHz EPIRB stowed in a manner so that it will float free if the vessel sinks.
(a) Uninspected passenger vessels less than 100 gross tons are not required to carry an EPIRB.
(b) The owner, operator, or master of an uninspected passenger vessel of at least 100 gross tons must ensure that the vessel does not operate beyond three miles from shore as measured from the territorial sea baseline seaward or more than three miles from the coastline of the Great Lakes, unless it has onboard a float-free, automatically activated Category 1 406 MHz EPIRB stowed in a manner so that it will float free if the vessel sinks.
(a) The owner of a manned uninspected commercial vessel 11 meters (36 feet) or more in length, other than a vessel under § 25.26-5 or § 25.26-10 or under paragraph (b) of this section, shall ensure that the vessel does not operate on the high seas or beyond three miles from the coastline of the Great Lakes, unless it has on board a float-free, automatically activated Category 1 406 MHz EPIRB stowed in a manner so that it will float free if the vessel sinks.
(b) The owner of a manned uninspected commercial vessel less than 11 meters (36 feet) in length, or 11 meters or more in length which has a builder's certification that the vessel is constructed with sufficient inherently buoyant material to keep the flooded vessel afloat, shall ensure that the vessel does not operate on the high seas or beyond three miles from the coastline of the Great Lakes, unless it has installed in a readily accessible location at or near the principal steering station—
(1) A manually activated Category 2 406 MHz EPIRB; or
(2) A float-free, automatically activated Category 1 406 MHz EPIRB.
(a) The master of each vessel required to have an EPIRB under this subpart shall ensure that each EPIRB on board is tested and serviced as required by this section.
(b) The EPIRB must be tested immediately after installation and at least once each month thereafter, unless it is an EPIRB installed in a Coast Guard approved inflatable liferaft that is tested annually during the servicing of the liferaft by an approved servicing facility. The test shall be conducted in accordance with the manufacturer's instructions, using the visual or audio indicator on the EPIRB. If the EPIRB is not operating, it must be repaired or replaced with an operating EPIRB.
(c) The battery of the EPIRB must be replaced—
(1) Immediately after the EPIRB is used for any purpose other than being tested; and
(2) Before the expiration date that is marked on the battery.
(a) A skiff or work boat is not required to carry an EPIRB if—
(1) Its “mother ship” is required to carry an EPIRB under this subpart; and
(2) When not in use, the skiff or work boat is carried on board the mother ship.
(b) Each Coast Guard District Commander may, on a case-by-case basis, grant exemptions from the carriage requirements of EPIRBs in this subpart for certain geographic areas within the boundaries of his or her own district if the District Commander determines that an EPIRB will not significantly enhance the overall safety of the vessel and crew. Exemptions may be limited to specific time periods. Exemptions granted under this paragraph must be:
(1) Issued in writing by the cognizant Coast Guard District Commander for each individual application; and
(2) For geographic locations and may be limited to specific time periods.
(a) The provisions of this subpart, with the exception of § 25.30-90, shall apply to all vessels contracted for on or after November 19, 1952. Vessels contracted for prior to that date shall meet the requirements of § 25.30-90.
(a) Where equipment in this subpart is required to be of an approved type, such equipment requires the specific approval of the Commandant. Such approvals are published in the
(b) All hand portable fire extinguishers, semiportable fire extinguishing systems, and fixed fire extinguishing systems shall be of an approved type.
(a) Hand portable fire extinguishers and semiportable fire extinguishing systems are classified by a combination letter and number symbol. The letter indicating the type of fire which the unit could be expected to extinguish, and the number indicating the relative size of the unit.
(b) For the purpose of this subchapter, all required hand portable fire extinguishers and semiportable fire extinguishing systems are of the “B” type; i.e., suitable for extinguishing fires involving flammable liquids, greases, etc.
(c) The number designations for size run from “I” for the smallest to “V” for the largest. Sizes I and II are hand-portable fire extinguishers; sizes III, IV, and V are semi-portable fire-extinguishing systems, which must be fitted with hose and nozzle or other practical means to cover all portions of the space involved. Examples of the sizes for some of the typical hand-portable fire extinguishers and semi-portable
(d) All hand portable fire extinguishers and semiportable fire extinguishing systems shall have permanently attached thereto a metallic name plate giving the name of the item, the rated capacity in gallons, quarts, or pounds, the name and address of the person or firm for whom approved, and the identifying mark of the actual manufacturer.
(e) Vaporizing-liquid type fire extinguishers containing carbon tetrachloride or chlorobromomethane or other toxic vaporizing liquids are not acceptable as equipment required by this subchapter.
(f) Hand portable or semiportable extinguishers which are required on their name plates to be protected from freezing shall not be located where freezing temperatures may be expected.
(g) The use of dry chemical, stored pressure, fire extinguishers not fitted with pressure gauges or indicating devices, manufactured prior to January 1, 1965, may be permitted on motorboats and other vessels so long as such extinguishers are maintained in good and serviceable condition. The following maintenance and inspections are required for such extinguishers:
(1) When the date on the inspection record tag on the extinguishers shows that 6 months have elapsed since last weight check ashore, then such extinguisher is no longer accepted as meeting required maintenance conditions until reweighed ashore and found to be in a serviceable condition and within required weight conditions.
(2) If the weight of the container is
(3) If the outer seal or seals (which indicate tampering or use when broken) are not intact, the boarding officer or marine inspector will inspect such extinguisher to see that the frangible disc in neck of the container is intact; and if such disc is not intact, the container shall be serviced.
(4) If there is evidence of damage, use, or leakage, such as dry chemical powder observed in the nozzle or elsewhere on the extinguisher, the container shall be replaced with a new one and the extinguisher properly serviced or the extinguisher replaced with another approved extinguisher.
(h) The dry chemical, stored pressure, fire extinguishers without pressure gauges or indicating devices manufactured after January 1, 1965, shall not be labeled with the marine type label bed in § 162.028-4 of this title nor shall such extinguishers manufactured after January 1, 1965, be carried on board motorboats or other vessels as required equipment.
(a) When a fixed fire-extinguishing system is installed, it must be a type approved or accepted by the Commandant (G-MSE) or the Commanding Officer, U.S. Coast Guard Marine Safety Center.
(b) If the system is a carbon-dioxide type, then it must be designed and installed in accordance with subpart 76.15 of part 76 of subchapter H (Passenger Vessels) of this chapter.
(a)
(2) The intent of this regulation is illustrated in Figure 25.30-20(a1) where fire extinguishers are required if any one or more of the specified conditions exist, and in Figure 25.30-20(a2) where specified conditions do not, in themselves, require that fire extinguishers be carried.
Fire extinguishers are required if any one or more of the following conditions exist (numbers identifying conditions are the same as those placed in Figure 25.30-20 (a1)):
1. Closed compartment under thwarts and seats wherein portable fuel tanks may be stored.
2. Double bottoms not sealed to the hull or which are not completely filled with flotation material.
3. Close living spaces.
4. Closed stowage compartments in which combustible or flammable materials are stowed.
5. Permanently installed fuel tanks.
The following conditions do not, in themselves, require that fire extinguishers be carried (numbers identifying conditions are the same as those placed in Figure 25.30-20(a2)):
1. Bait wells.
2. Glove compartments.
3. Buoyant flotation material.
4. Open slatted flooring.
5. Ice chests.
(b)
(c)
(2) In addition to the hand portable fire extinguishers required by paragraph (b)(1) of this section, the following fire-extinguishing equipment shall be fitted in the machinery space:
(i) One Type B-II hand portable fire extinguisher shall be carried for each 1,000 B. H. P. of the main engines or fraction thereof. However, not more than 6 such extinguishers need be carried.
(ii) On motor vessels of over 300 gross tons, either one Type B-III semiportable fire-extinguishing system shall be fitted, or alternatively, a fixed fire-extinguishing system shall be fitted in the machinery space.
(3) The frame or support of each Type B-III fire extinguisher required by paragraph (b)(2)(ii) of this section must be welded or otherwise permanently attached to a bulkhead or deck.
(4) If an approved semiportable fire extinguisher has wheels and is not required by this section, it must be securely stowed when not in use to prevent it from rolling out of control under heavy sea conditions.
(d)
(2) Every barge of over 65 feet in length while carrying passengers when towed or pushed by a motorboat, motor vessel, or steam vessel shall be fitted with hand portable fire extinguishers as required by Table 25.30-20(b)(1), depending upon the gross tonnage of the barge.
(a) Vessels contracted for prior to November 19, 1952, shall meet the applicable provisions of §§ 25.30-5 through 25.30-20 insofar as the number and general type of equipment is concerned. Existing items of equipment and installations previously approved but not meeting the applicable requirements for type approval may be continued in service so long as they are in good condition. All new installations and replacements shall meet the requirements of §§ 25.30-5 through 25.30-20.
(b) [Reserved]
(a) Every gasoline engine installed in a motorboat or motor vessel after April 25, 1940, except outboard motors, shall be equipped with an acceptable means of backfire flame control.
(b) Installations made before November 19, 1952, need not meet the detailed requirements of this subpart and may be continued in use as long as they are serviceable and in good condition. Replacements shall meet the applicable conditions in this section.
(c) Installations consisting of backfire flame arresters bearing basic Approval Nos. 162.015 or 162.041 or engine air and fuel induction systems bearing basic Approval Nos. 162.015 or 162.042 may be continued in use as long as they are serviceable and in good condition. New installations or replacements must meet applicable requirements of subpart 58.10 of this chapter.
(a) All motorboats or motor vessels, except open boats and as provided in paragraphs (d) and (e) of this section, the construction or decking over of which is commenced after April 25, 1940, and which use fuel having a flashpoint of 110° F., or less, shall have at least two ventilator ducts, fitted with cowls or their equivalent, for the efficient removal of explosive or flammable gases from the bilges of every engine and fuel tank compartment. There shall be at least one exhaust duct installed so as to extend from the open atmosphere to the lower portion of the bilge and at least one intake duct installed so as to extend to a point at least midway to the bilge or at least below the level of the carburetor air intake. The cowls shall be located and trimmed for maximum effectiveness and in such a manner so as to prevent displaced fumes from being recirculated.
(b) As used in this section, the term
(c) Boats built after July 31, 1980, which are manufactured or used primarily for noncommercial use; which are leased, rented, or chartered to another for the latter's noncommercial use; which are engaged in the carriage of six or fewer passengers; or which are in compliance with the requirements of 33 CFR part 183 are exempted from these requirements.
(d) Boats built after July 31, 1978, which are manufactured or used primarily for noncommercial use; which are rented, leased, or chartered to another for the latter's noncommercial
(1) Contain a permanently installed fuel tank if each electrical component is ignition protected in accordance with 33 CFR 183.410(a); and
(2) Contain fuel tanks that vent to the outside of the boat.
(a) No fuel may be used in any heating or lighting system on any vessel carrying passengers for hire without the approval of Commandant (G-MSE), except—
(1) Alcohol, solid,
(2) Alcohol, liquid, combustible,
(3) Fuel oil, No. 1, No. 2, or No. 3,
(4) Kerosene,
(5) Wood or,
(6) Coal.
(b) Heating and lighting systems using alcohol must meet the following requirements:
(1) Containers of solidified alcohol must be properly secured to a fixed base.
(2) Fluid alcohol burners, where wet priming is used, must have—
(i) A catch pan of not less than
(ii) The metal protection under the stove flanged up at least
(c) Heating and lighting systems using kerosene or fuel oil must meet the following requirements:
(1) Where wet priming is used, each system must have—
(i) A catch pan of not less than
(ii) The metal protection under the stove flanged up at least
(2) Fuel tanks must be—
(i) Separated from the stove that they serve;
(ii) Mounted in a location open to the atmosphere or mounted inside a compartment that is vented to the atmosphere; and
(iii) Fitted with an outside fill and vent.
(d) Heating systems using wood or coal installed after August 9, 1989, shall be installed in accordance with the guidelines in chapter 6 of NFPA 302.
(a) No fuel may be used in any cooking system on any vessel carrying passengers for hire without the approval of Commandant (G-MSE) except those listed in § 25.45-1, subject to the requirements stated therein, and liquefied petroleum gas (LPG), or compressed natural gas (CNG).
(b) Cooking systems using LPG or CNG must meet the following requirements:
(1) The design, installation, and testing of each LPG system must meet ABYC A-1-78 or chapter 6 of NFPA 302.
(2) The design, installation, and testing of each CNG system must meet ABYC A-22-78 or chapter 6 of NFPA 302.
(3) Cooking systems using chapter 6 of NFPA 302 as the standard must meet the following additional requirements:
(i) The storage or use of CNG containers within the accommodation area, machinery spaces, bilges, or other enclosed spaces is prohibited.
(ii) LPG or CNG must be odorized in accordance with ABYC A-1.5.d or A-22.5.b, respectively.
(iii) The marking and mounting of LPG cylinders must be in accordance with ABYC A-1.6.b.
(iv) LPG cylinders must be of the vapor withdrawal type as specified in ABYC A-1.5.b.
(4) Continuous pilot lights or automatic glow plugs are prohibited for an LPG or CNG installation using ABYC A-1 or A-22 as the standard.
(5) CNG installations using ABYC A-22 as the standard must meet the following additional requirements:
(i) The stowage or use of CNG containers within the accommodation area, machinery spaces, bilges, or other enclosed spaces is prohibited.
(ii) The CNG cylinders, regulating equipment, and safety equipment must meet the installation, stowage, and testing requirements specified in paragraph 6-5.12 of NFPA 302.
(iii) The use of stowage of stoves with attached CNG cylinders is prohibited as specified in paragraph 6-5.1 of NFPA 302.
(6) If the fuel supply line of an LPG or CNG system enters an enclosed space on the vessel, a remote shut-off valve must be installed that can be operated from a position adjacent to the appliance. The valve must be located between the fuel tank and the point where the fuel supply line enters the enclosed portion of the vessel. A power operated valve installed to meet this requirement must be of a type that will fail closed.
(7) The following variances from ABYC A-1.11.b(1) are allowed for CNG:
(i) The storage locker or housing access opening need not be in the top.
(ii) The locker or housing need not be above the waterline.
(8) The following variances from NFPA 302 are allowed:
(i) The storage locker or housing for CNG tank installations need not be above the waterline as required by paragraph 6-5.12.1.1(a).
(ii) Ignition protection need not be provided as required by paragraph 6-5.4.
The ABYC and NFPA standards referenced in this section require the posting of placards containing safety precautions for gas cooking systems.
Each uninspected vessel must meet the garbage discharge, waste management plan, and placard requirements of 33 CFR part 151 applicable to the vessel.
33 CFR 151.67 prohibits the discharge of plastic or garbage mixed with plastic into the sea or the navigable waters of the United States. “Plastic” and “garbage” are defined in 33 CFR 151.05.
46 U.S.C. 3306, 4104, 6101, 8105; Pub. L. 103-206, 107 Stat. 2439; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
(a) The provisions of this part shall apply to all vessels except as specifically noted.
(a) Before getting underway on any uninspected passenger vessel, the operator or master must ensure that suitable public announcements, instructive placards, or both, are provided in a manner that affords all passengers the opportunity to become acquainted with:
(1) Stowage locations of life preservers;
(2) Proper method of donning and adjusting life preservers of the type(s) carried on the vessel;
(3) The type and location of all lifesaving devices carried on the vessel; and
(4) The location and contents of the
(b) Vessels subject to this subpart engaged in tender service at yacht clubs and marinas, and vessels being demonstrated for a potential purchaser by a yacht broker, are excluded from the requirements of § 26.03-1 and § 26.03-2.
(a) The operator or master of each uninspected passenger vessel must ensure that an emergency check-off list is posted in a prominent and accessible place to notify the passengers and remind the crew of precautionary measures that may be necessary if an emergency situation occurs.
(b) Except where any part of the emergency instructions are deemed unnecessary by the Officer in Charge, Marine Inspection, the emergency checkoff list must contain not less than the applicable portions of the sample emergency checkoff list which follows:
Measures to be considered in the event of:
(a)
(b)
(c)
(c) When in the judgment of the cognizant Officer in Charge, Marine Inspection, the operation of any vessel subject to this section does not present the hazards listed on the emergency checkoff list or when any vessel has no
(a) As appropriate for the intended voyage, all vessels must carry adequate and up-to-date—
(1) Charts of appropriate scale to make safe navigation possible;
(2) “U.S. Coast Pilot” or similar publication;
(3) Coast Guard light list;
(4) Tide tables; and
(5) Current tables, or a river current publication issued by the U.S. Army Corps of Engineers, or a river authority.
(b) As an alternative, you may substitute extracts or copies from the publications in paragraph (a) of this section. This information must be applicable to the area transited.
(a) If the owner, operator, or agent donates the use of an uninspected passenger vessel to a charity for fundraising activities, and the vessel's activity would subject it to Coast Guard inspection, the OCMI may issue a special permit to the owner, operator, or agent for this purpose if, in the opinion of the OCMI, the vessel can be safely operated. Each special permit is valid for only one voyage of a donated vessel, which is used for a charitable purpose. Applications are considered and approved on a case-by-case basis.
(b) The criteria of § 176.204 of this chapter will apply to the issuance of a special permit. In addition, the owner, operator, or agent must meet each of these conditions—
(1) Any charity using a donated vessel must be a bona fide charity or a non-profit organization qualified under section 501(c)(3) of the Internal Revenue Code of 1986;
(2) All donations received from the fundraising must go to the named charity;
(3) The owner, operator, or agent may obtain a special permit for an individual vessel not more than four times in a 12-month period; and
(4) The owner, operator, or agent must apply to the local OCMI for a special permit prior to the intended voyage, allowing adequate time for processing and approval of the permit.
(c) Nothing in this part may be construed as limiting the OCMI from making such tests and inspections, both afloat and in dry-dock, that are reasonable and practicable to be assured of the vessel's seaworthiness and safety.
(a) For a Marine Event of National Significance, as determined by the Commandant, U.S. Coast Guard, a vessel may be permitted to engage in excursions while carrying passengers-for-hire for the duration of the event. Event sponsors seeking this determination must submit a written request to the Commandant (G-M) at least one year prior to the event.
(b) The owner, operator, or agent of a vessel that is registered as a participant in a Marine Event of National Significance may apply for a special permit to carry passengers-for-hire for the duration of the event. The master, owner, or agent of the vessel must apply to the Coast Guard OCMI who has jurisdiction over the vessel's first United States port of call. The OCMI may issue a Form CG-949 “Permit to Carry Excursion Party” if, in the opinion of the OCMI, the operation can be undertaken safely. The OCMI may require an inspection prior to issuance of a special permit to ensure that the vessel can safely operate under the conditions for which the permit is issued.
(c) The permit will state the conditions under which it is issued. These conditions must include the number of passengers-for-hire the vessel may carry, the crew required, the number and type of lifesaving and safety equipment required, the route and operating details for which the permit is issued, and the dates for which the permit will be valid.
(d) The permit must be displayed in a location visible to passengers.
(e) The carrying of passengers-for-hire during a Marine Event of National
(a) The master must prepare a voyage plan that includes a crew and passenger list before taking an uninspected passenger vessel of at least 100 gross tons on a Great Lake, an ocean, or an international voyage.
(b) Before departure, the master must communicate the voyage plan ashore, either verbally or in writing. The voyage plan must go to either the vessel's normal berthing location or a representative of the owner or managing operator of the vessel. The master, owner, or operator of the vessel must make the voyage plan available to the Coast Guard upon request.
All vessels of over 150 gross tons, when engaged on an international voyage, shall be equipped with an efficient daylight signaling lamp in accordance with the requirements of subchapter J (Electrical Engineering) of this chapter.
46 U.S.C. 6101; 46 CFR 1.46.
The requirements for providing notice and reporting of marine casualties and for retaining voyage records are contained in part 4 of this chapter.
(a) To facilitate the boarding of vessels by the commissioned, warrant, and petty officers of the U.S. Coast Guard in the exercise of their authority, every uninspected vessel, as defined in 46 U.S.C. 2101(43), if underway and upon being hailed by a Coast Guard vessel, must stop immediately and lay to, or must maneuver in such a way to permit the Coast Guard boarding officer to come aboard. Failure to permit a Coast Guard boarding officer to board a vessel or refusal to comply will subject the operator or owner of the vessel to the penalties provided in law.
(b) Coast Guard boarding vessels will be identified by the display of the Coast Guard ensign as a symbol of authority and the Coast Guard personnel will be dressed in Coast Guard uniform. The Coast Guard boarding officer upon boarding a vessel will identify himself to the master, owner, or operator and explain his mission.
If a person operates a vessel that carries one or more passengers-for-hire, he or she is required to have a valid Coast Guard license suitable for the vessel's route and service. He or she must have the license in his or her possession and must produce it immediately upon the request of a Coast Guard boarding officer.
(a) Buoyant work vests carried under the permissive authority of this subpart shall be of an approved type, and shall be constructed, listed, and labeled in accordance with subpart 160.053 of subchapter Q (Specifications) of this chapter.
(a) Approved buoyant work vests are considered to be items of safety apparel and may be carried aboard vessels to be worn by crew members when working near or over the water under favorable working conditions.
(b) When carried, approved buoyant work vests shall not be accepted in lieu of any portion of the required number of approved lifesaving appliances required by § 25.25-10 of this subchapter.
(a) The approved buoyant work vests shall be stowed separately from the regular stowage of required lifesaving equipment.
46 U.S.C. 3306, 4102 (as amended by Pub. L. 104-324, 110 Stat. 3901); Department of Homeland Security Delegation No. 0170.
(a) You must comply with this part if your towing vessel operates on the navigable waters of the United States, unless your vessel is one exempt under paragraph (b) of this section.
(b) This part does not apply to you if your towing vessel 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 harbor-assist;
(3) Used solely for assistance towing as defined by 46 CFR 10.103;
(4) Used solely for response to emergency or pollution;
(5) A public vessel that is both owned, or demise chartered, and operated by the United States Government or by a government of a foreign country; and that is not engaged in commercial service;
(6) A foreign vessel engaged in innocent passage;
(7) Pushing a barge ahead, or towing a barge alongside, when the barge's
(8) Exempted by the Captain of the Port (COTP).
(c) If you think your towing vessel should be exempt from the paragraph (b) requirements for a specified route, you should submit a written request to the appropriate COTP. The COTP will provide you with a written response granting or denying your request. The COTP will consider the extent to which unsafe conditions would result if your vessel lost propulsion because of a fire in the engine room.
(d) You must test and maintain all of the equipment required by this part in accordance with the attached nameplate or manufacturer's approved design manual.
As used in this part—
(1) Messroom.
(2) Lounge.
(3) Sitting area.
(4) Recreation room.
(5) Quarters.
(6) Toilet space.
(7) Shower room.
(8) Galley.
(9) Berthing facility.
(10) Clothing-changing room.
(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register—in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in paragraph (b) of this section, the Coast Guard must publish notice of the change in the
(b) The material approved for incorporation by reference in this part and the sections affected are:
American Boat and Yacht Council (ABYC), 3069 Solomons Island Road, Edgewater, MD 21037-1416.
(a) You must ensure that your vessel is fitted with a general alarm that:
(1) Has a contact-maker at the operating station that can notify persons on board in the event of an emergency.
(2) Is capable of notifying persons in any accommodation, work space, and the engine room.
(3) Has installed, in the engine room and any other area where background noise makes a general alarm hard to hear, a supplemental flashing red light that is identified with a sign that reads:
General Alarm—When Alarm Sounds or Flashes Go to Your Station.
(4) Is tested at least once each week.
(b) You or the operator may use a public-address (PA) system or other means of alerting all persons on your towing vessel instead of a general alarm, if the system—
(1) Is capable of notifying persons in any accommodation, work space, and the engine room;
(2) Is tested at least once each week;
(3) Can be activated from the operating station; and
(4) Complies with paragraph (a)(3) of this section.
You must have a fire-detection system installed on your vessel to detect engine-room fires. Any owner of a vessel whose construction was contracted for before January 18, 2000, may use an existing engine-room-monitoring system (with fire-detection capability) instead of a fire-detection system, if the monitoring system is operable and complies with this section. You must ensure that—
(a) Each detector, each control panel, and each fire alarm are approved under 46 CFR subpart 161.002 or listed by an independent testing laboratory; except that, if you use an existing engine-room-monitoring system (with fire-detection capability), each detector must be listed by an independent testing laboratory;
(b) The system is installed, tested, and maintained in line with the manufacturer's design manual;
(c) The system is arranged and installed so a fire in the engine room automatically sets off alarms on a control panel at the operating station;
(d) The control panel includes—
(1) A power-available light;
(2) Both an audible alarm to notify crew at the operating station of fire and visible alarms to identify the zone or zones of origin of the fire;
(3) A means to silence the audible alarm while maintaining indication by the visible alarms;
(4) A circuit-fault detector test-switch; and
(5) Labels for all switches and indicator lights, identifying their functions;
(e) The system draws power from two sources, switchover from the primary source to the secondary source being either manual or automatic;
(f) The system serves no other purpose, unless it is an engine-room-monitoring system (with fire-detection capability) installed on a vessel whose construction was contracted for before January 18, 2000; and
(g) The system is certified by a Registered Professional Engineer, or by a recognized classification society (under 46 CFR part 8), to comply with paragraphs (a) through (f) of this section.
(a) You must ensure that your vessel is fitted with a communication system between the engine room and the operating station that—
(1) Consists of either fixed or portable equipment, such as a sound-powered telephone, portable radios, or other reliable method of voice communication, with a main or reserve power supply that is independent of the electrical system on your towing vessel; and
(2) Provides two-way voice communication and calling between the operating station and either—
(i) The engine room; or
(ii) A location immediately adjacent to an exit from the engine room.
(b) Twin-screw vessels with operating-station control for both engines are not required to have an internal communication system.
(c) When the operating-station's engine controls and the access to the engine room are within 3 meters (10 feet) of each other and allow unobstructed visual contact between them, direct voice communication is acceptable instead of a communication system.
To stop the flow of fuel in the event of a break in the fuel line, you must have a positive, remote fuel-shut-off valve fitted on any fuel line that supplies fuel directly to an engine or generator. The valve must be near the source of supply (for instance, at the day tank, storage tank, or fuel-distribution manifold). Furthermore, it must be operable from a safe place outside the space where the valve is installed. Each remote valve control should be marked in clearly legible letters, at least 25 millimeters (1 inch) high, indicating the purpose of the valve and the way to operate it.
(a)
(1) Fighting a fire in the engine room and other locations on board the vessel, including how to—
(i) Operate all of the fire-extinguishing equipment on board the vessel;
(ii) Stop any mechanical ventilation system for the engine room and effectively seal all natural openings to the space to prevent leakage of the extinguishing agent; and
(iii) Operate the fuel shut-off for the engine room.
(2) Activating the general alarm.
(3) Reporting inoperative alarm systems and fire-detection systems.
(4) Putting on a fireman's outfit and a self-contained breathing apparatus, if the vessel is so equipped.
(b)
(c)
(1) Participation by all crewmembers;
(2) Breaking out and using, or simulating the use of, emergency equipment;
(3) Testing of all alarm and detection systems; and
(4) Putting on protective clothing (by at least one person), if the vessel is so equipped.
(d)
(e) The safety orientation must cover the particular contingencies listed in paragraph (a) of this section.
(a) You must ensure that, except for the components of an outboard engine or of a portable bilge pump or fire pump, each fuel system installed on board the vessel complies with this section.
(b)
(c)
(d)
(1) Each tank must have a vent that connects to the highest point of the tank, discharges on a weather deck through a bend of 180 degrees (3.14 radians), and is fitted with a 30-by-30-mesh corrosion-resistant flame screen. Vents from two or more tanks may combine in a system that discharges on a weather deck.
(2) The net cross-sectional area of the vent pipe for the tank must be—
(i) Not less than 312.3 square millimeters (0.484 square inches) for any tank filled by gravity; or
(ii) Not less than that of the fill pipe for any tank filled under pressure.
(e)
(1) Aluminum piping is acceptable on an aluminum-hull vessel if it is installed outside the engine room and is at least Schedule 80 in thickness; and
(2) Nonmetallic flexible hose is acceptable if it—
(i) Is used in lengths of not more than 0.76 meters (30 inches);
(ii) Is visible and easily accessible;
(iii) Does not penetrate a watertight bulkhead;
(iv) Is fabricated with an inner tube and a cover of synthetic rubber or other suitable material reinforced with wire braid; and
(v) Either,—
(A) If it is designed for use with compression fittings, is fitted with suitable, corrosion-resistant, compression fittings, or fittings compliant with SAE J1475 (incorporated by reference in § 27.102); or,
(B) If it is designed for use with clamps, is installed with two clamps at each end of the hose. Clamps must not rely on spring tension and must be installed beyond the bead or flare or over the serrations of the mating spud, pipe, or hose fitting. Hose complying with SAE J1475 is also acceptable.
(3) Nonmetallic flexible hose complying with SAE J1942 (incorporated by reference in § 27.102) is also acceptable.
(f) A towing vessel of less than 24 meters (79 feet) in length may comply with any of the following standards for fuel systems rather than with those of paragraph (e) of this section:
(1) ABYC H-33 (incorporated by reference in § 27.102).
(2) Chapter 5 of NFPA 302 (incorporated by reference in § 27.102).
(3) 33 CFR Chapter I, subchapter S (Boating Safety).
By April 29, 2005, you must provide a self-priming, power-driven, fixed fire-pump, a fire main, and hoses and nozzles in accordance with paragraphs (a) through (c) of this section; or a portable pump, and hoses and nozzles, in accordance with paragraphs (d) and (e) of this section, for your towing vessel.
(a) The fixed fire-pump must be capable of—
(1) Delivering water simultaneously from the two highest hydrants, or from both branches of the fitting if the highest hydrant has a Siamese fitting, at a pitot-tube pressure of at least 344 kPa (50 psi) and a flow rate of at least 300 lpm (80 gpm); and
(2) Being energized from the operating station and from the pump.
(b) The fire main must have a sufficient number of fire hydrants with attached hose to reach any part of the machinery space using a single length of fire hose.
(c) The hose must be lined commercial fire-hose, at least 40mm (1.5 inches) in diameter, 15 meters (50 feet) in length, and fitted with a nozzle made of corrosion-resistant material capable of providing a solid stream and a spray pattern.
(d) The portable fire pump must be self-priming and power-driven, with—
(1) A minimum capacity of at least 300 lpm (80 gpm) at a discharge gauge pressure of not less than 414 kPa (60 psi), measured at the pump discharge;
(2) A sufficient amount of lined commercial fire hose at least 40mm (1.5 inches) in diameter and 15 meters (50 feet) in length, immediately available to attach to it so that a stream of water will reach any part of the vessel; and
(3) A nozzle made of corrosion-resistant material capable of providing a solid stream and a spray pattern.
(e) You must stow the pump with its hose and nozzle outside of the machinery space.
You must carry on your towing vessel both—
(a) The minimum number of hand-portable fire extinguishers required by 46 CFR subpart 25.30; and
(b) By April 29, 2005, either—
(1) An approved B-V semi-portable fire-extinguishing system to protect the engine room; or
(2) A fixed fire-extinguishing system installed to protect the engine room of the vessel.
(a) You must carry on your towing vessel both—
(1) The minimum number of hand-portable fire extinguishers required by 46 CFR subpart 25.30; and
(2) An approved B-V semi-portable fire-extinguishing system to protect the engine room.
(b) You must have a fixed fire-extinguishing system installed to protect the engine room of the vessel.
46 U.S.C. 3316, 4502, 4505, 4506, 6104, 10603; Department of Homeland Security Delegation No. 0170.
The regulations in this part are prescribed by the Commandant of the Coast Guard, pursuant to a delegation of authority by the Secretary of Transportation set forth in 49 CFR 1.46(b), to carry out the intent and purpose of 46 U.S.C. 3316 which authorizes the Secretary to rely on reports, documents, and certificates issued by the American Bureau of Shipping (ABS) or a similar United States classification society, or an agent of the ABS or similar society; sections 4502 and 4506 which require safety equipment and operational stability for certain vessels in the commercial fishing industry; section 6104 which requires the Secretary of Transportation to compile statistics concerning marine casualties compiled from vessel insurers and to delegate that authority to compile statistics from insurers to a qualified person; and section 10603 which requires seamen on commercial fishing industry vessels to give notice of illness, injury, or disability to their employer.
(a) This section collects and displays the control numbers assigned to information collection and recordkeeping requirements in this part by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501
(b) Display.
(a) Except as provided in paragraph (b) of this section, this part is applicable to all United States flag vessels not inspected under this chapter that are commercial fishing, fish processing, or fish tender vessels. This includes vessels documented under the provisions of subchapter G of this chapter and vessels numbered by a State or the Coast Guard under the provisions of 33 CFR subchapter S of this chapter. Certain regulations in this part apply only to limited categories of vessels. Specific applicability statements are provided at the beginning of those regulations.
(b) This part does not apply to a small boat or auxiliary craft that is deployed from a fishing industry vessel for the purpose of handling fishing gear.
(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a). To enforce any edition other than that specified in paragraph (b) of this section, the Coast Guard must publish notice of change in the
(b) The material approved for incorporation by reference in this part and the sections affected are:
(1) A messroom.
(2) A lounge.
(3) A sitting area.
(4) A recreation room.
(5) Quarters.
(6) A toilet space.
(7) A shower room.
(8) A galley.
(9) Berthing facilities.
(10) A clothing changing room.
(1) Substantially changes the dimensions or carrying capacity of the vessel;
(2) Changes the type of the vessel;
(3) Substantially prolongs the life of the vessel; or
(4) Otherwise so changes the vessel that it is essentially a new vessel, as determined by the Commandant.
(a)
(2)
(b)
(1) Good cause exists for granting an exemption; and
(2) The safety of the vessel and those on board will not be adversely affected.
(c) The District Commander will either approve or deny the request in writing. In granting a request, the District Commander will specify the terms under which the exemption is granted and distribute the letter describing these terms to the party or parties requesting the exemption.
(d)
(e)
(f)
(a) A Coast Guard Boarding Officer may direct the master or individual in charge of a vessel, with the concurrence of the District Commander, or staff authorized by the District Commander, to immediately take reasonable steps necessary for the safety of individuals on board the vessel if the Boarding Officer observes the vessel being operated in an unsafe manner and determines that an especially hazardous condition exists. This may include directing the master or individual in charge of the vessel to return the vessel to a mooring and remain there until the situation creating the especially hazardous condition is corrected or other specific action is taken.
(b) Hazardous conditions include, but are not limited to, operation with—
(1) An insufficient number of lifesaving equipment on board, to include serviceable Personal Flotation Devices (PFDs), serviceable immersion suits, or adequate survival craft capacity.
(2) An inoperable Emergency Position Indicating Radio Beacon (EPIRB) or radio communication equipment when required by regulation. There should be at least one operable means of communicating distress. When both are required, then at least one must be in operable condition to avoid termination of the voyage;
(3) Inadequate firefighting equipment on board;
(4) Excessive volatile fuel (gasoline or solvents) or volatile fuel vapors in bilges;
(5) Instability resulting from overloading, improper loading or lack of freeboard;
(6) Inoperable bilge system;
(7) Intoxication of the master or individual in charge of a commercial fishing vessel. An individual is intoxicated when he/she is operating a commercial fishing vessel and has an alcohol concentration of .04 percent, or the intoxicant's effect on the person's manner, disposition, speech, muscular movement, general appearance or behavior is apparent by observation;
(8) A lack of adequate operable navigation lights during periods of reduced visibility;
(9) Watertight closures missing or inoperable;
(10) Flooding or uncontrolled leakage in any space; or
(11) A missing or expired certificate of class, as required by 46 U.S.C. 4503(1), for a fish processing vessel.
(c) A Coast Guard Bording Officer may direct the individual in charge of a fish processing vesel that is missing a Load Line Certificate, or that does not comply with the provisions of the Load Line Certificate issued by the American Bureau of Shipping or a similarly qualified organization, to return the vessel to a mooring and to remain
(a) Equipment and material that is required by this subchapter to be approved or of an approved type, must have been manufactured and approved in accordance with the design and testing requirements in Subchapter Q of this chapter or as otherwise specified by the Commandant.
(b) Notice regarding equipment approvals is published in the
An organization desiring to be designated by the Commandant as an accepted organization must request such designation in writing. As a minimum the organization must verify that it is an organization—
(a) With a Code of Ethics;
(b) Whose surveyors are familiar with the requirements of this chapter related to commercial fishing industry vessels;
(c) Whose surveyors are familiar with the operations and equipment on board commercial fishing industry vessels;
(d) Whose only interest in the fishing industry is in ensuring the safety of commercial fishing industry vessels and surveying commercial fishing industry vessels;
(e) That has grievance procedures;
(f) That has procedures for accepting and terminating membership of an individual, including minimum professional qualifications for surveyors;
(g) That maintains a roster of present and past accepted members and surveyors; and
(h) That has an Apprentice/Associate program for surveyors.
An organization desiring to be designated by the Commandant as a similarly qualified organization must request such designation in writing. As a minimum the organization must verify that it—
(a) Publishes standards for vessel design and construction which are as widely available as and which are of similar content to the standards published by the ABS;
(b) Performs periodic surveys in a wide range of localities during and after construction to ensure compliance with published standards, including drydock examinations, in a manner similar to the ABS;
(c) Issues certificates testifying to compliance with the published standards;
(d) Has as its primary concern the survey and classification of vessels;
(e) Has no interest in owning or operating fishing, fish processing, or fish tender vessels; and
(f) Maintains records of surveys and makes such records available to the Coast Guard upon request in a manner similar to the ABS.
(a) Except for a casualty which is required to be reported to the Coast Guard on Form CG 2692 in accordance with part 4 of this chapter, the owner, agent, operator, master, or individual in charge of a vessel involved in a casualty must submit a report in accordance with paragraph (c) of this section, as soon as possible after the casualty, to the underwriter of primary insurance for the vessel or to an organization listed in paragraph (d) of this section whenever the casualty involves any of the following.
(1) Loss of life.
(2) An injury that requires professional medical treatment (treatment beyond first aid) and that renders the individual unfit to perform his or her routine duties.
(3) Loss of a vessel.
(4) Damage to or by a vessel, its cargo, apparel or gear, except for fishing gear while not on board a vessel, or that impairs the seaworthiness of the vessel, or that is initially estimated at $2,500.00 or more.
(b) Each underwriter of primary insurance for a commercial fishing industry vessel must submit a report of each casualty involving that vessel to an organization listed in paragraph (d) of this section within 90 days of receiving notice of the casualty and whenever it pays a claim resulting from the casualty. Initial reports must be in accordance with paragraph (c) of this section. Subsequent reports must contain sufficient information to identify the casualty and any new or corrected casualty data.
(c) Each report of casualty must include the following information:
(1) The name and address of the vessel owner and vessel operator, if different than the vessel owner;
(2) The name and address of the underwriter of primary insurance for the vessel;
(3) The name, registry number, call sign, gross tonnage, year of build, length, and hull material of the vessel;
(4) The date, location, primary cause, and nature of the casualty;
(5) The specific fishery, intended catch, and length of fishery opening when applicable;
(6) The date that the casualty was reported to the underwriter of primary insurance for the vessel, or to an organization acceptable to the Commandant;
(7) The activity of the vessel at the time of the casualty;
(8) The weather conditions at the time of the casualty, if the weather caused or contributed to the cause of the casualty;
(9) The damages to or by the vessel, its apparel, gear, or cargo;
(10) The monetary amounts paid for damages;
(11) The name, birth date, social security number, address, job title, length of disability, activity at the time of injury, type of injury, and medical treatment required for each individual incapacitated for more than 72 hours, or deceased as a result of the casualty;
(12) The name, registry number, and call sign of every other vessel involved in the casualty; and
(13) The monetary amount paid for an injury or a death.
(d) A casualty to a commercial fishing industry vessel must be reported to an organization that has knowledge and experience in the collection and processing of statistical insurance data and that has been accepted by the Commandant to receive and process casualty data under this part. The Commandant has accepted for this purpose:
(1) Marine Index Bureau, Inc., 67 Scotch Road, Ewing, NJ, 08628-2504.
(2) [Reserved]
The Coast Guard intends to treat information collected under this section from underwriters of primary insurance as exempt from disclosure under the Freedom of Information Act because it is commercial and financial information which, if disclosed, would be likely to cause substantial harm to the competitive position of the underwriter.
Each individual employed on a commercial fishing industry vessel must notify the master, individual in charge of the vessel, or other agent of the employer of each illness, disability, or injury suffered while in service to the vessel not later than seven days after the date on which the illness, disability, or injury arose.
Any person directly affected by a decision or action taken under this part, by or on behalf of the Coast Guard, may appeal therefrom in accordance with part 1, subpart 1.03 of this chapter.
Each commercial fishing industry vessel must meet the requirements of this subpart, in addition to the requirements of parts 24, 25, and 26 of this chapter.
(a) In addition to the requirements of this subpart, each commercial fishing industry vessel must comply with the requirements of part 25, subpart 25.25 of this chapter.
(b) Except as provided in § 28.120(d), each item of lifesaving equipment carried on board a vessel to meet the requirements of this part must be approved by the Commandant. Equipment for personal use which is not required by this part need not be approved by the Commandant.
(a) Except as provided by § 28.305 of this chapter, each vessel must be equipped with at least one immersion suit, exposure suit, or wearable personal flotation device of the proper size for each individual on board as specified in table 28.110 and part 25, subpart 25.25 of this chapter. Notwithstanding the provisions of paragraphs (c) and (d) of § 25.25-1 of this chapter, each commercial fishing industry vessel propelled by sail or a manned barge employed in commercial fishing activities must meet the requirements of this paragraph.
(b) Each wearable personal flotation device must be stowed so that it is readily accessible to the individual for whom it is intended, from both the individual's normal work station and berthing area. If there is no location accessible to both the work station and the berthing area, an appropriate device must be stowed in both locations.
(a) Except as provided in paragraph (b) of this section and § 28.305, each vessel must be equipped with a throwable flotation device or a ring life buoy as specified in table 28.115. If the vessel is equipped with a ring life buoy, at least one ring life buoy must be equipped with a line which is at least:
(1) 60 feet (18.3 meters) in length for a vessel less than 65 feet (19.8 meters) in length; or
(2) 90 feet (27.4 meters) in length for a vessel 65 feet (19.8 meters) or more in length.
(b) For each vessel less than 65 feet (19.8 meters) in length, an approved 20 inch (0.51 meters) or larger ring life buoy which is in serviceable condition and which was installed on board before September 15, 1991, may be used to meet the requirements of paragraph (a) of this section.
Certain Type V PFDs are approved for use in substitution for Type IV PFDs, when used in accordance with the conditions stated in the Coast Guard approval label.
(a) Except as provided in paragraphs (b) through (h) of this section and 28.305, each vessel must carry the survival craft specified in Table 28.120(a), Table 28.120(b), or Table 28.120(c), as appropriate for the vessel, in an aggregate capacity to accommodate the total number of individuals on board.
(b) The requirements of this section do not apply to vessels less than 10.97 meters (36 feet) in length with 3 or fewer individuals on board which operate within 12 miles of the coastline.
(c) A buoyant apparatus may be substituted instead of the requirements in this section for vessels 10.97 meters (36 feet) or more in length with 3 or fewer individuals on board which operate within 12 miles of the coastline.
(d) Each survival craft installed on board a vessel before September 15, 1991, may continue to be used to meet the requirements of this section provided the survival craft is—
(1) Of the same type as required in Tables 28.120(a), 28.120(b), or 28.120(c), as appropriate for the vessel type; and
(2) Maintained in good and serviceable condition.
(e) Each inflatable liferaft installed on board a vessel before September 15, 1991, may continue to be used to meet the requirements for an approved inflatable liferaft, provided the existing liferaft is—
(1) Maintained in good and serviceable condition as required by Table 28.140; and
(2) Equipped with the equipment pack required by Tables 28.120(a), 28.120(b), or 28.120(c), as appropriate for the vessel type. Where no equipment pack is specified in Tables 28.120(a), 28.120(b), or 28.120(c), a coastal service pack is the minimum required.
(f) A lifeboat may be substituted for any survival craft required by this section, provided it is arranged and equipped in accordance with part 199 of this chapter.
(g) The capacity of an auxiliary craft carried on board a vessel that is integral to and necessary for normal fishing operations will satisfy the requirements of this section for survival craft, except for an inflatable liferaft, provided the craft is readily accessible during an emergency and is capable of safely holding all individuals on board the vessel. If the auxiliary craft is equipped with a Coast Guard required capacity plate, the boat must not be loaded so as to exceed the rated capacity.
(h) A vessel less than 10.97 meters (36 feet) in length that meets the flotation provisions of 33 CFR part 183 is exempt from the requirement for survival craft in paragraph (a) of this section for operation on—
(1) Any waters within 12 miles of the coastline.
(2) Rivers.
(a) Each inflatable liferaft required to be equipped with a SOLAS A or a SOLAS B equipment pack must be stowed so as to float free and automatically inflate in the event the vessel sinks.
(b) Each inflatable liferaft, inflatable buoyant apparatus, and any auxiliary craft used in their place, must be kept readily accessible for launching or be stowed so as to float free in the event the vessel sinks.
(c) Each hydrostatic release unit used in a float-free arrangement must be approved under part 160, subpart 160.062 of this chapter.
(d) Each float-free link used with a buoyant apparatus or with a life float must be certified to meet part 160, subpart 160.073 of this chapter.
(a)
(b)
(1) Coastal Service;
(2) SOLAS B Pack (formerly “Limited Service”); or
(3) SOLAS A Pack (formerly “Ocean Service”).
(c) Each life float and buoyant apparatus must be fitted with a lifeline, pendants, a painter, and a floating electric water light approved under part 161 subpart 161.010 of this chapter.
(d)
(a) Except as provided in paragraph (d) of this section, lifesaving equipment carried aboard a vessel pursuant to the requirements of this subpart or part 25, subpart 25.25 of this chapter must be marked as specified in table 28.135.
(b) Lettering used in lifesaving equipment markings must be in block capital letters.
(c) Retroreflective markings required by this section must be with material approved under part 164, subpart 164.018 of this chapter. The arrangement of the retroreflective material must meet IMO Resolution A.658(16).
(d) A wearable personal flotation device must be marked with the name of either the vessel, the owner of the device, or the individual to whom it is assigned.
No marking other than that provided by the manufacturer and the servicing facility is required.
(a) The master or individual in charge of a vessel must ensure that each item of lifesaving equipment must be in good working order, ready for immediate use, and readily accessible before the vessel leaves port and at all times when the vessel is operated.
(b) Each item of lifesaving equipment, including unapproved equipment, must be maintained and inspected in accordance with:
(1) Table 28.140 in this section;
(2) The servicing procedure under the subpart of this chapter applicable to the item's approval; and
(3) The manufacturer's guidelines.
(c) An inflatable liferaft or inflatable buoyant apparatus must be serviced no later than the month and year on its servicing sticker affixed under 46 CFR 160.151-57(n), and whenever the container is damaged or the container straps or seals are broken. It must be serviced at a facility specifically approved by the Commandant for the particular brand.
(d) An escape route from a space where an individual may be employed or an accommodation space must not be obstructed.
Except as provided by 28.305, each vessel must be equipped with the distress signals specified in table 28.145.
Each vessel must be equipped with an emergency position indicating radio beacon (EPIRB) as required by 46 CFR part 25, subpart 25.26.
Each vessel which uses radio communication equipment must have a Ship Radio Station License issued by the Federal Communications Commission, as set forth in 47 CFR part 80.
Installation of fire detection and protection equipment in excess of that required by the regulations in this subchapter is permitted provided that the excess equipment does not endanger the vessel or individuals on board in any way. The excess equipment must, at a minimum, be listed and labeled by an independent, nationally recognized testing laboratory and be in accordance with an appropriate industry standard for design, installation, testing, and maintenance.
(a) Each vessel must meet the requirements of part 25, subpart 25.30 of this chapter.
(b) Each vessel 65 feet (19.8 meters) or more in length must be equipped with the minimum number, location, and type of portable fire extinguishers specified in table 28.160.
Each vessel must have posted in a highly visible location accessible to the crew a placard measuring at least 5 inches by 7 inches (127 millimeters by 178 millimeters) which reads:
United States law, 46 United States Code 10603, requires each seaman on a fishing vessel, fish processing vessel, or fish tender vessel to notify the master or individual in charge of the vessel or other agent of the employer regarding any illness, disability, or injury suffered by the seaman when in service to the vessel not later than seven days after the date on which the illness, disability, or injury arose.
Each documented commercial fishing industry vessel must meet the requirements of this subpart in addition to the requirements of subparts A and B of this part if it:
(a) Operates beyond the Boundary Lines;
(b) Operates with more than 16 individuals on board; or
(c) Is a fish tender vessel engaged in the Aleutian trade.
(a) Each vessel that operates with more than 49 individuals on board must be equipped with at least two fireman's outfits stowed in widely separated locations.
(b) Each vessel that uses ammonia as a refrigerant must be equipped with at least two self-contained breathing apparatuses.
(c) A fireman's outfit must consist of one self-contained breathing apparatus with lifeline attached, one flashlight, a rigid helmet, boots, gloves, protective clothing, and one fire axe.
(d) At least one spare air bottle must be provided for each self-contained breathing apparatus.
(e) Each self-contained breathing apparatus must be approved by the Mine Safety and Health Administration (MSHA) and by the National Institute for Occupational Safety and Health (NIOSH), have as a minimum a 30 minute air supply, and a full facepiece.
(a) Each vessel must have on board a complete first aid manual and medicine chest of a size suitable for the number of individuals on board in a readily accessible location.
(b)
(1) First aid—a certificate indicating completion of a first aid course from:
(i) The American National Red Cross “Standard First Aid and Emergency Care” or “Multi-media Standard First Aid” course; or
(ii) A course approved by the Coast Guard under § 10.205(h)(l)(ii) of this chapter.
(2) CPR—A certificate indicating completion of course from:
(i) The American National Red Cross;
(ii) The American Heart Association; or
(iii) A course approved by the Coast guard under § 10.205(h)(2)(iii) of this chapter.
(c) Each vessel that operates with more than 2 individuals on board must have at least 1 individual certified in first aid and at least 1 individual certified in CPR. An individual certified in both first aid and CPR will satisfy both of these requirements.
(d) Each vessel that operates with more than 16 individuals on board must have at least 2 individuals certified in first aid and at least 2 individuals certified in CPR. An individual certified in both first aid and CPR may be counted for both requirements.
(e) Each vessel that operates with more than 49 individuals on board must have at least 4 individuals certified in first aid and at least 4 individuals certified in CPR. An individual certified
(a) Each space on board a vessel must meet the requirements of this section.
(b) Suitable hand covers, guards, or railing must be installed in way of machinery which can cause injury to personnel, such as gearing, chain or belt drives, and rotating shafting. This is not meant to restrict necessary access to fishing equipment such as winches, drums, or gurdies.
(c) Each exhaust pipe from an internal combustion engine which is within reach of personnel must be insulated or otherwise guarded to prevent burns.
(a) Each vessel must have at least the following navigational information on board:
(1) Marine charts of the area to be transited, published by the National Ocean Service, the National Imagery and Mapping Agency, U.S. Army Corps of Engineers, or a river authority that—
(i) Are of a large enough scale and have enough detail to make safe navigation of the area possible; and
(ii) Are currently corrected.
(2) For the area to be transited, a currently corrected copy of, or applicable currently corrected extract from, each of the following publications:
(i) U.S. Coast Pilot; and
(ii) Coast Guard Light List.
(3) For the area to be transited, the current edition of, or applicable current extract from, each of the following publications:
(i) Tide tables promulgated by the National Ocean Service; and
(ii) Tidal current tables promulgated by the National Ocean Service, or a river current publication issued by the U.S. Corps of Engineers or a river authority.
(b) Each vessel of 39.4 feet (12 meters) or more in length that operates shoreward of the COLREG Demarcation Lines, as set forth in 33 CFR part 80, must carry on board and maintain for ready reference a copy of the Inland Navigation Rules, as set forth in 33 CFR chapter I, subchapter E.
Each vessel must be equipped with an operable magnetic steering compass with a compass deviation table at the operating station.
(a) Each vessel must be fitted with an anchor(s) and chain(s), cable, or rope appropriate for the vessel and the waters of the intended voyage.
(b) Except for a vessel rigged with gear that provides a radar signature from a distance of 6 miles, each nonmetallic hull vessel must have a radar reflector.
(a) Except as provided in paragraph (f) of this section, each vessel with an accommodation space or a work space which is not adjacent to the operating station, must have an audible general alarm system with a contact-maker at the operating station suitable for notifying individuals on board in the event of an emergency.
(b) The general alarm system must be capable of notifying an individual in any accommodation space or work space where they may normally be employed.
(c) In a work space where background noise makes a general alarm system difficult to hear, a flashing red light must also be installed.
(d) Each general alarm bell and flashing red light must be identified with red lettering at least
General Alarm—When Alarm Sounds Go to Your Station.
(e) A general alarm system must be tested prior to operation of the vessel and at least once each week thereafter.
(f) A public address system or other means of alerting all individuals on board may be used in lieu of a general alarm system provided it complies with paragraphs (b), (c), and (e) of this
(a) Except as provided in paragraphs (b) through (e) of this section, each vessel must be equipped as follows.
(1) Each vessel must be equipped with a VHF radiotelephone capable of transmitting and receiving on the frequency or frequencies within the 156-162 MHz band necessary to communicate with a public coast station or U.S. Coast Guard station serving the area in which the vessel is operating.
(2) Each vessel that operates more than 20 miles from the coastline, in addition to the VHF radiotelephone required by paragraph (a)(1) of this section, must be equipped with a radiotelephone transceiver capable of transmitting and receiving on frequencies in the 2-4 MHz band necessary to communicate with a public coast station or U.S. Coast Guard station serving the area in which the vessel is operating.
(3) Each vessel that operates more than 100 miles from the coastline, in addition to the communication equipment required by paragraph (a)(1) of this section must be equipped with a radiotelephone transceiver capable of transmitting and receiving on frequencies in the 2-27.5 MHz band necessary to communicate with a public coast station or U.S. Coast Guard station serving the area in which the vessel is operating.
(4) Each vessel that operates in waters contiguous to Alaska where no public coast station or U.S. Coast Guard station is within communications range of a VHF radio transceiver operating on the 156-162 MHz band or the 2-4 MHz band, in addition to the VHF radio communication equipment required by paragraph (a)(1) of this section, must be equipped with a radiotelephone transceiver capable of transmitting and receiving on frequencies in the 2-27.5 MHz band necessary to communicate with a public coast station or a U.S. Coast Guard station serving the area in which the vessel is operating.
(b) A single radio transceiver capable of meeting the requirements of paragraphs (a) (2) and (3), or paragraphs (a) (2), (3), and (4) of this section, is acceptable.
(c) Satellite communication capability with the system servicing the area in which the vessel is operating is acceptable as an alternative to the requirements of paragraphs (a)(2), (a)(3), or (a)(4) of this section.
(d) A cellular telephone capable of communicating with a public coast station or a U.S. Coast Guard station serving the area in which the vessel is operating is acceptable as an alternative to the requirements of paragraphs (a)(2), (a)(3), or (a)(4) of this section.
(e) A radiotelephone transceiver installed on board a vessel before September 15, 1991, capable of transmitting and receiving on frequencies on the 4-20 MHz band may continue to be used to satisfy the requirements of paragraphs (a)(3) and (a)(4) of this section.
(f) The principle operating position of the communication equipment must be at the operating station.
(g) Communication equipment must be installed to ensure safe operation of the equipment and to facilitate repair. It must be protected against vibration, moisture, temperature, and excessive currents and voltages. It must be located so as to minimize the possibility of water intrusion from windows broken by heavy seas.
(h) Communication equipment must comply with the technical standards and operating requirements issued by the Federal Communications Commission, as set forth in 47 CFR part 80.
Each vessel which uses radio equipment to meet the communication requirements of this section must have a Ship Radio Station License issued by the Federal Communications Commission, as set forth in 47 CFR part 80.
(i) All communication equipment must be provided with an emergency source of power that complies with § 28.375.
On a vessel 36 feet (11.8 meters) or more in length, a visual and audible alarm must be provided at the operating station to indicate high water level in each of the following normally unmanned spaces:
(a) A space with a through-hull fitting below the deepest load waterline, such as the lazarette;
(b) A machinery space bilge, bilge well, shaft alley bilge, or other space subject to flooding from sea water piping within the space; and
(c) A space with a non-watertight closure, such as a space with a non-watertight hatch on the main deck.
(a) Each vessel must be equipped with a bilge pump and bilge piping capable of draining any watertight compartment, other than tanks and small buoyancy compartments, under all service conditions. Large spaces, such as enginerooms must be fitted with more than one suction line.
(b) In addition to the requirements of paragraph (a) of this section, a space used in the sorting or processing of fish in which water is used must be fitted with dewatering system capable of dewatering the space under normal conditions of list and trim at the same rate as water is introduced. Pumps used as part of the processing of fish do not count for meeting this requirement. The dewatering system must be interlocked with the pump(s) supplying water to the space, so that in the event of failure of the dewatering system, the water supply is inactivated.
(c) Except as provided by paragraph (f) of this section, each vessel 79 feet (24 meters) or more in length must be equipped with a fixed, self-priming, powered, bilge pump connected to a bilge manifold.
(d) If a bilge pump required by paragraph (a) of this section is portable, it must be provided with a suitable suction hose of adequate length to reach the bilges of each watertight compartment it must serve and with a discharge hose of adequate length to ensure overboard discharge. A portable pump must be capable of dewatering each space it serves at a rate of at least 2 inches (51 millimeters) of water depth per minute.
(e) Except for a fire pump required by § 28.315, a bilge pump may be used for other purposes.
(f) Except where an individual pump is provided for a separate space or for a portable pump, each individual bilge suction line must be led to a manifold. Each bilge suction line must be provided with a stop valve at the manifold and a check valve at some accessible point in the bilge line to prevent unintended flooding of a space.
(g) Each bilge suction line and dewatering system suction must be fitted with a suitable strainer to prevent clogging of the suction line. Strainers must have an open area of not less than three times the open area of the suction line.
(h) Each vessel must comply with the oil pollution prevention requirements of 33 CFR parts 151 and 155.
Each vessel 79 feet (24 meters) or more in length must be equipped with an electronic position fixing device capable of providing accurate fixes for the area in which the vessel operates.
(a) Except as provided in paragraphs (b) and (c) of this section, each vessel must have emergency instructions posted in conspicuous locations accessible to the crew.
(b) The instructions identified in paragraphs (d)(6), (d)(7), (d)(8), and (d)(9) of this section, may be kept readily available as an alternative to posting.
(c) On a vessel which operates with less than 4 individuals on board, the emergency instructions may be kept readily available as an alternative to posting.
(d) The emergency instructions required by this section must identify at least the following information, as appropriate for the vessel:
(1) The survival craft embarkation stations aboard the vessel and the survival craft to which each individual is assigned;
(2) The fire and emergency signal and the abandon ship signal;
(3) If immersion suits are provided, the location of the suits and illustrated instructions on the method for donning the suits;
(4) Procedures for making a distress call, such as:
(i) Make sure your communication equipment is on.
(ii) Select 156.8 MHz (VHF channel 16), 2182 kHz, or other distress frequency used in your area of operation. Note: VHF channel 16 and 2182 kHz on SSB are for emergency and calling purposes only.
(iii) Press microphone button and speaking slowly—clearly—calmly say:
(iv) Say: “This is the M/V (Insert name of your vessel), (Insert name of your vessel), (Insert name of your vessel), Over.”
(v) Release the microphone button briefly and listen for acknowledgment. If no one answers, repeat steps in paragraphs (d)(4) (iii) and (iv) of this section.
(vi) If there is still no answer, or if the Coast Guard or another vessel responds, say: “Mayday—This is the M/V (Insert Name of Your Vessel).”
(vii) Describe your position using latitude and longitude coordinates, LORAN coordinate, or range and bearing from a known point.
(viii) State the nature of the distress.
(ix) Give number of individuals aboard and the nature of any injuries.
(x) Estimate the present seaworthiness of your vessel.
(xi) Describe your vessel: (Insert length, color, hull type, trim, masts, power, and any additional distinguishing features).
(xii) Say: “I will be listening on Channel 16/2182 (or other channel monitored).”
(xiii) End message by saying: “This is (insert vessel's name and call sign).”
(xiv) If your situation permits, stand by the radio to await further communication with the Coast Guard or another vessel. If no answer, repeat, then try another channel.
(5) Essential action that must be taken in an emergency by each individual, such as:
(i) Making a distress call.
(ii) Closing of hatches, airports, watertight doors, vents, scuppers, and valves for intake and discharge lines which penetrate the hull, stopping of fans and ventilation systems, and operation of all safety equipment.
(iii) Preparing and launching of survival craft and rescue boats.
(iv) Fighting a fire.
(v) Mustering of personnel including—
(A) Seeing that they are properly dressed and have put on their lifejackets or immersion suits; and
(B) Assembling personnel and directing them to their appointed stations.
(vi) Manning of fire parties assigned to deal with fires.
(vii) Special duties required for the operation of fire fighting equipment.
(6) The procedures for rough weather at sea, crossing hazardous bars, flooding, and anchoring of the vessel, such as:
(i) Close all watertight and weathertight doors, hatches and airports to prevent taking water aboard or further flooding in the vessel.
(ii) Keep bilges dry to prevent loss of stability due to water in bilges. Use power driven bilge pump, hand pump, and buckets to dewater.
(iii) Align fire pumps to use as bilge pumps, if possible.
(iv) Check all intake and discharge lines which penetrate the hull for leakage.
(v) Personnel should remain stationary and evenly distributed.
(vi) Personnel should don lifejackets and immersion suits if the going becomes very rough, the vessel is about to cross a hazardous bar, or when otherwise instructed by the master or individual in charge of the vessel.
(7) The procedures for anchoring the vessel.
(8) The procedures to be used in the event an individual falls overboard, such as:
(i) Throw a ring life buoy as close to the individual as possible;
(ii) Post a lookout to keep the individual in the water in sight;
(iii) Launch the rescue boat and maneuver it to pick up the individual in the water;
(iv) Have a crewmember put on a lifejacket or immersion suit, attach a safety line to the crewmember, and have the crewmember standby to jump into the water to assist in recovering the individual in the water if necessary;
(v) If the individual overboard is not immediately located, notify the Coast
(vi) Continue searching until released by the Coast Guard.
(9) Procedures for fighting a fire, such as:
(i) Shut off air supply to the fire—close hatches, ports, doors, ventilators, and similar openings.
(ii) Deenergize the electrical systems supplying the affected space, if possible.
(iii) Immediately use a portable fire extinguisher or use water for fires in ordinary combustible materials. Do not use water on electrical fires.
(iv) If the fire is in a machinery space, shut off the fuel supply and ventilation system and activate the fixed extinguishing system, if installed.
(v) Maneuver the vessel to minimize the effect of wind on the fire.
(vi) If unable to control the fire, immediately notify the Coast Guard and other vessels in the vicinity.
(vii) Move personnel away from the fire, have them put on lifejackets, and if necessary, prepare to abandon the vessel.
(a)
(1) Abandoning the vessel;
(2) Fighting a fire in different locations on board the vessel;
(3) Recovering an individual from the water;
(4) Minimizing the effects of unintentional flooding;
(5) Launching survival craft and recovering lifeboats and rescue boats;
(6) Donning immersion suits and other wearable personal flotation devices;
(7) Donning a fireman's outfit and a self-contained breathing apparatus, if the vessel is so equipped;
(8) Making a voice radio distress call and using visual distress signals;
(9) Activating the general alarm; and
(10) Reporting inoperative alarm systems and fire detection systems.
(b)
(c)
(d) The viewing of videotapes concerning at least the contingencies listed in paragraph (a) of this section, whether on board the vessel or not, followed by a discussion led by an individual familiar with these contingencies will satisfy the requirement for instruction but not the requirement for drills in paragraph (b) of this section or for the safety orientation in paragraph (e) of this section.
(e)
(f) The safety orientation must explain the emergency instructions required by § 28.265 and cover the specific evolutions listed in paragraph (a) of this section.
The individual conducting the drills and instruction need not be the master, individual in charge of the vessel, or a member of the crew.
(a) A Fishing Vessel Safety Instructor shall submit a detailed course curriculum that relates directly to the contingencies listed in § 28.270(a), or a letter certifying the use of the “Personal Survival and Emergency Drills Course,” a national standard curriculum, to the cognizant OCMI. This document can be ordered through the United States Marine Safety Association (USMSA), 5458 Wagonmaster Drive, Colorado Springs, CO 80917. For the criteria of Fishing Vessel Safety Instructor, the following documentation shall be provided to the cognizant OCMI:
(1) Proof of at least 1 year of experience in a marine related field and experience that relates directly to the contingencies listed in § 28.270(a) including—
(i) Experience as an instructor; or
(ii) Training received in instructional methods; or
(2) A valid merchant mariner's license issued by the Coast Guard authorizing service as master of unispected fishing industry vessels and proof of experience that relates directly to the contingencies listed in 64 CFR 28.270(a) including—
(i) Experience as an instructor; or
(ii) Training revceived in instructional methods; or
(3) A valid merchant mariner's license issued by the Coast Guard authorizing service as a master of inspected vessels of 100 gross tons or more and proof of experience that relates directly to the contingencies listed in 46 CFR 28.270(a) including—
(i) Experience as an instructor; or
(ii) Training received in instructional methods. (See note 1.)
Persons holding a license authorizing service as a master of inspected vessels of 100 gross tons or higher with an original issue dte prior to May 1, 1997, have until September 15, 1998, to comply with the provisions listed in § 28.275(a)(3).
(b) Each OCMI will issue a letter of acceptance to all qualified individuals and will maintain a list of accepted instructors in his/her zone.
(c) Letters of acceptance shall be valid for a period of 5 years.
(d) Fishing Vessel Safety Instructors or the organization providing training shall issue documents to Fishing Vessel Drill Conductors upon successful completion of all required training.
Each commercial fishing industry vessel which has its keel laid or is at a similar stage of construction on or after or which undergoes a major conversion completed on or after September 15, 1991, and that operates with more than 16 individuals on board must comply with the requirements of this subpart in addition to the requirements of subparts A, B, and C of this part.
Each vessel to which this subpart applies must meet the requirements for life preservers, immersion suits, ring life buoys, distress signals, and survival craft in §§ 28.110, 28.115, 28.145 and table 28.120 (a), (b), or (c), as appropriate for the vessel type, on the date that its construction or major conversion is completed.
A gate or other opening must be provided in the deck rails, lifelines, or bulwarks adjacent to the stowage location of each survival craft which weighs more than 110 pounds (489 Newtons), to allow the survival craft to be manually launched.
(a) Each vessel 36 feet (11.8 meters) or more in length must be equipped with a self-priming, power driven fire pump connected to a fixed piping system.
(1) A fire pump on a vessel 79 feet (24 meters) or more in length must be capable of delivering water simultaneously from the two highest hydrants, or from both branches of the fitting if the highest hydrant has a siamese fitting, at a pitot tube pressure of at least 50 psi (0.345 Newtons per square millimeter) and a flow rate of at least 80 gpm (303 liters per minute).
(2) Each vessel with a power driven fire pump must be equipped to permit energizing the fire main from the operating station and from the pump.
(b)
(1) A vessel required to have a fixed fire main system must have a sufficient number of fire hydrants to reach any part of the vessel using a single length of fire hose.
(2) A fire hose must be connected to each fire hydrant at all times the vessel is operating.
(3) A fire hose on a vessel less than 79 feet (24 meters) in length must be at least
(4) A fire hose on a vessel 79 feet (24 meters) or more in length must be lined commercial fire hose and be fitted with a nozzle made of corrosion resistant material capable of providing a solid stream and a spray pattern.
(a)
(1) A space containing an internal combustion engine of more than 50 horsepower;
(2) A space containing an oil fired boiler;
(3) An incinerator and;
(4) A space containing a gasoline storage tank.
(b)
(1) A pre-engineered fixed gas fire extinguishing system may be installed only in a normally unoccupied machinery space, paint locker, or space containing flammable liquid stores that has a gross volume of not more than 33.98 cubic meters (1200 cubic feet).
(2) A fixed gas fire extinguishing system that is capable of automatic discharge upon heat detection may be installed only in a normally unoccupied space with a gross volume of not more than 169.92 cubic meters (6000 cubic feet).
(3) A space with a gross volume exceeding 169.92 cubic meters (6000 cubic feet) must be fitted with a manually actuated and alarmed fixed gas fire extinguishing system.
(c)
(1) A fixed gas fire extinguishing system aboard a vessel must be approved by the Commandant and be custom engineered, unless the system meets the requirements for a pre-engineered fixed gas fire extinguishing system in paragraph (d) of this section.
(2) System components must be listed and labeled by an independent, nationally recognized testing laboratory for the system being installed.
(3) System design and installation must be in accordance with the Manufacturer's Marine Design, Installation, Operation, and Maintenance Manual approved for the system by the Commandant.
(4) A fixed gas fire extinguishing system may protect more than one space. The quantity of extinguishing agent must be at least sufficient for the largest space protected by the system.
(d)
(1) A pre-engineered fixed gas fire extinguishing system must:
(i) Be approved by the Commandant;
(ii) Be capable of manual actuation from outside the space in addition to any automatic actuation devices; and
(iii) Automatically shut down all power ventilation systems serving the protected space and all engines that draw intake air from within the protected space.
(2) A vessel on which a pre-engineered fixed gas fire extinguishing system is installed must have the following equipment at the operating station:
(i) A visual alarm to indicate the discharge of the extinguishing agent;
(ii) An audible alarm to sound upon discharge of the extinguishing agent; and
(iii) A means to reset devices used to automatically shut down ventilation systems and engines as required by paragraph (d)(1)(iii) of this section.
(a) Each accommodation space must be equipped with an independent modular smoke detector or a smoke actuated fire detecting unit installed in accordance with 46 CFR part 76, subpart 76.33.
(b) An independent modular smoke detector must meet UL 217 and be listed as a “Single Station Smoke Detector—Also suitable for use in Recreational Vehicles.”
(a) Each vessel must be fitted with a grease extraction hood complying with UL 710 above each grill, broiler, and deep fat fryer.
(b) Each grease extraction hood must be equipped with a pre-engineered dry or wet chemical fire extinguishing system meeting the applicable sections of NFPA 17 or 17A and must be listed by an independent laboratory.
(c) A vessel 79 feet (24 meters) or more in length must have at least one fire axe located in or adjacent to the operating station.
(a)
(b)
(c)
(d)
(1) Each fuel tank must be fitted with a vent pipe connected to the highest point of the tank terminating in a 180 degree (3.14 radians) bend on a weather deck and fitted with a flame screen.
(2) Except where provision is made to fill a tank under pressure, the net cross-sectional area of the vent pipe for a fuel tank must not be less than 0.484 square inches (312.3 square millimeters).
(3) Where provision is made to fill a tank under pressure, the net cross-sectional area of the vent pipe must not be less than that of the fill pipe.
(e)
(1) Aluminum piping is acceptable on an aluminum hull vessel provided it is installed outside the machinery space and is at least Schedule 80 in thickness; and
(2) Nonmetallic flexible hose is acceptable but must—
(i) Not be used in lengths of more than 30 inches (0.82 meters);
(ii) Be visible, easily accessible, and must not penetrate a watertight bulkhead;
(iii) Be fabricated with an inner tube and a cover of synthetic rubber or other suitable material reinforced with wire braid.
(iv) Be fitted with suitable, corrosion resistant, compression fittings; and
(v) Be installed with two clamps at each end of the hose, if designed for use with clamps. Clamps must not rely on spring tension and must be installed beyond the bead or flare or over the
(f) A fuel line subject to internal head pressure from fuel in the tank must be fitted with a positive shutoff valve located at the tank which is operable from a safe location outside the space in which the valve is located.
(g) A vessel less than 79 feet (24 meters) in length may comply with one of the following standards in lieu of the requirements of paragraphs (e) and (f) of this section.
(1) ABYC H-33.
(2) Chapter 5 of NFPA 302.
(3) 33 CFR Chapter I, subchapter S (Boating Safety).
(a)
(b)
(c)
(a) A vessel less than 79 feet (24 meters) in length with an alternating current electrical distribution system may comply with the requirements of ABYC E-8 and either paragraph (c) or (d) of this section, as applicable, in lieu of meeting the requirements of §§ 28.350 through 28.370.
(b) A vessel less than 79 feet (24 meters) in length with a direct current system may comply with the requirements of ABYC E-1, ABYC E-9, and either paragraph (c) or (d) of this section, as applicable, in lieu of meeting the requirements of §§ 28.350 through 28.370.
(c) In addition to paragraph (a) or (b) of this section, the vessel may comply with the requirements of NFPA 302, chapters 7 and 8.
(d) In addition to paragraph (a) or (b) of this section, the vessel may comply with the requirements of 33 CFR part 183, subpart I and § 28.370.
(a) Electrical equipment exposed to the weather or in a location exposed to seas must be waterproof, watertight, or enclosed in a watertight housing.
(b) Aluminum must not be used for current carrying parts of electrical equipment or wiring.
(c) As far as practicable, electrical equipment must not be installed in lockers used to store paint, oil, turpentine, or other flammable or combustible liquid. If electrical equipment, such as lighting, is necessary in these spaces, it must be explosion-proof or intrinsically safe.
(d) Explosion-proof and intrinsically safe equipment must meet the requirements of 46 CFR part 111, subpart 111.105.
(e) Metallic enclosures and frames of electrical equipment must be grounded.
(f) Each vessel with a nonmetallic hull must have a continuous, non-current carrying grounding conductor which connects together the enclosures and frames of electrical equipment and which connects metallic items such as engines, fuel tanks, and equipment enclosures to a common ground point.
(g) The equipment grounding conductor must be sized in accordance with section 250-95 of NFPA Standard 70.
(a)
(1) The propulsion system and its necessary auxiliaries and controls;
(2) Interior lighting;
(3) Steering systems;
(4) Communication systems;
(5) Navigation equipment and navigation lights;
(6) Fire protection or detection equipment;
(7) Bilge pumps; or
(8) General alarm system.
(b) Each generator must be attached to an independent prime mover.
(a) Each electrical distribution system which has a neutral bus or conductor must have the neutral bus or conductor grounded.
(b) A grounded electrical distribution system must have only one connection to ground. This ground connection must be at the switchboard or, on a nonmetallic vessel, at the common ground point.
(a) Each power source must be protected against overcurrent. Overcurrent devices for generators must be set at a value not exceeding 115 percent of the generator full load rating.
(b) Except for a steering circuit, each circuit must be protected against both overload and short circuit. Each overcurrent device in a steering system power and control circuit must provide short circuit protection only.
(c) Each ungrounded current carrying conductor must be protected in accordance with its current carrying capacity by a circuit breaker or fuse at the connection to the switchboard or distribution panel bus.
(d) Each circuit breaker and each switch must simultaneously open all ungrounded conductors.
(e) The grounded conductor of a circuit must not be disconnected by a switch or an overcurrent device unless all ungrounded conductors of the circuit are simultaneously disconnected.
(f) Navigation light circuits must be separate, switched circuits having fused disconnect switches or circuit breakers so that only the appropriate navigation lights can be switched on.
(g) A separate circuit with overcurrent protection at the main distribution panel or switchboard must be provided for each radio installation.
(a) All cable and wire must have insulated, stranded copper conductors of the appropriate size and voltage rating for the circuit.
(b) Each conductor must be No. 22 AWG or larger. Conductors in power and lighting circuits must be No. 14 AWG or larger. Conductors must be sized so that the voltage drop at the load terminals is not more than 10 percent.
(c) Cable and wiring not serving equipment in a high risk fire area such as a galley, laundry, or machinery space must be routed as far as practicable from these spaces. As far as practicable, cables serving duplicated essential equipment must be separated so that a casualty that affects one cable does not affect the other.
(d) Cable and wire for power and lighting circuits must:
(1) For circuits of less than 50 volts, meet 33 CFR 183.425 and 183.430; and
(2) For circuits of 50 volts or greater:
(i) Meet sections 310-13 and 310-15 of NFPA 70, except that asbestos insulated cable and dry location cable must not be used;
(ii) Be listed by Underwriters Laboratories Inc. as UL Boat or UL Marine Shipboard cable; or
(iii) Meet 46 CFR part 111, subpart 111.60.
(e) All metallic cable armor must be electrically continuous and grounded to the metal hull or the common ground point at each end of the cable run, except that final sub-circuits (those supplying loads) may be grounded at the supply end only.
(f) A wiring termination and connection must be made in a fire retardant enclosure such as a junction box, fixture enclosure, or panel enclosure. A fire retardant plastic enclosure is acceptable.
(a) Each vessel must have an emergency source of electrical power which is independent of the main sources of electrical power and which is located outside the main machinery space.
(b) The emergency source of electrical power must be capable of supplying all connected loads continuously for at least 3 hours.
(c) Except as provided in paragraphs (d) and (e) of this section, the following electrical loads must be connected to the emergency source of power:
(1) Navigation lights;
(2) Steering systems;
(3) Bilge pumps;
(4) Fire protection and detection systems, including fire pumps;
(5) Communication equipment;
(6) General alarm system and;
(7) Emergency lighting.
(d) A vessel less than 36 feet (11.0 meters) in length need only supply communication equipment by an emergency source of electrical power if flashlights are provided.
(e) A vessel less than 79 feet (24 meters) in length which is not dependent upon electrical power for propulsion, including propulsion control systems or steering, need only supply emergency lighting, navigation equipment, general alarm system, and communication systems by the emergency source of power.
(f) Where the emergency source of power is a generator, the generator prime mover must have a fuel supply which is independent of other prime movers.
(a)
(b)
(c)
(1) Each accommodation space must be separated from machinery and fuel tank spaces by a fire resistant boundary which will prevent the passage of vapors.
(2) Each pipe and cable penetration between an accommodation space and a machinery or a fuel tank storage space must be sealed.
(d)
(e)
(1) In machinery spaces, combustible insulation may be used for pipe and machinery lagging.
(2) In cargo spaces and refrigerated compartments of service spaces, combustible insulation may be used.
(f)
(g)
(h)
The U.S. Department of Commerce Standard for Mattress Flammability (FF4-72.16) in 16 CFR part 1632, subpart A, applies to each mattress.
(i)
(j)
(a)
(b)
(c)
(a) Each space which is used by an individual on a regular basis or which is generally accessible to an individual must have at least two widely separated means of escape. At least one of the means of escape must be independent of watertight doors. Subject to the restrictions of this section, means of escape include normal exits and emergency exits, passageways, stairways, ladders, deck scuttles, and windows.
(b) At least one of the means of escape from each space must provide a satisfactory route to weather.
(c) Each door, hatch or scuttle used as a means of escape must be capable of being opened by one individual, from either side, in both light dark conditions, must open towards the expected direction of escape from the space served, and if a watertight door be of the quick acting type.
(d) Each deck scuttle which serves as a means of escape, must be fitted with a quick-acting release and a device to hold the scuttle in an open position.
(e) Each foothold, handhold, ladder, or similar structure, provided to aid escape, must be suitable for use in emergency conditions and must be of rigid construction.
(f) A window or windshield of sufficient size and proper accessibility may be used as one of the required means of escape from an enclosed space.
Each vessel must have at least one designated survival craft embarkation station and any additional embarkation stations necessary so that an embarkation station is readily accessible from each accommodation space and work space. Each embarkation station must be arranged to allow the safe boarding of survival craft.
(a) Each vessel must be fitted with a general marine radar system for surface navigation with a radar screen mounted at the operating station.
(b) Each vessel must be fitted with a suitable echo depth sounding device.
(a) Each hydraulic system must be so designed and installed that proper operation of the system is not affected by back pressure in the system.
(b) Piping and piping components must be designed with a burst pressure of not less than four times the system maximum operating pressure.
(c) Each hydraulic system must be equipped with at least one pressure relieving device set to relieve at the system's maximum operating pressure.
(d) All material in a hydraulic system must be suitable for use with the hydraulic fluid used and must be of such chemical and physical properties as to remain ductile at the lowest operating temperature likely to be encountered by the vessel.
(e) Except for hydraulic steering equipment, controls for hydraulic equipment must be located where the operator has an unobstructed view of the hydraulic equipment and the adjacent working area.
(f) Controls for hydraulic equipment must be so arranged that the operator is able to quickly disengage the equipment in an emergency.
(g) Hydraulically operated machinery must be equipped with a holding device to prevent uncontrolled movement due to loss of hydraulic system pressure.
(h) A nonmetallic flexible hose must only be used between two points of relative motion, including a pump and piping system, and must meet SAE J 1942.
(i) Each nonmetallic flexible hose and hose assembly must be installed in accordance with the manufacturer's rating and guidelines and must be limited to a length of not more that 30 inches (0.76 meters) in an application not subject to torsional loading.
(a) Except as otherwise provided in paragraph (d) of this section, deck rails, lifelines, grab rails, or equivalent protection must be installed near the periphery of all weather decks accessible to individuals. Where space limitations make deck rails impractical, hand grabs may be substituted.
(b) The height of deck rail, lifelines, or bulwarks must be at least 39
(c) All deck rails or lifelines must be permanently supported by stanchions at intervals of not more than 7 feet (2.3 meters). Stanchions must be through bolted or welded to the deck.
(d) Portable stanchions and lifelines may be installed in locations where permanently installed deck rails would impede normal fishing operations or emergency recovery operations.
(e) Deck rails or lifelines must consist of evenly spaced courses. The spacing between courses must not be greater than 15 inches (0.38 meters). The opening below the lowest course must not be more than 9 inches (0.23 meters). Lower courses are not required where all or part of the space below the upper rail is fitted with a bulwark, chain link fencing, wire mesh, or an equivalent.
(f) A suitable storm rail or hand grab must be installed where necessary in a passageway, at a deckhouse side, at a ladder, and a hatch where an individual might have normal access.
(g) A stern trawler must have doors, gates, or other protective arrangements at the top of the stern ramp at least as high as adjacent bulwarks or 39
This subpart applies to each commercial fishing industry vessel which is 79 feet (24 meters) or more in length that is not required to be issued a load line under subchapter E of this chapter and that—
(a) Has its keel laid or is at a similar stage of construction or undergoes a major conversion started on or after September 15, 1991;
(b) Undergoes alterations to the fishing or processing equipment for the purpose of catching, landing, or processing fish in a manner different than has previously been accomplished on the vessel—these vessels need only comply with § 28.501 of this subpart; or
(c) Has been substantially altered on or after September 15, 1991.
(a) Except as provided in paragraph (b) of this section, a vessel that is substantially altered, including the cumulative effects of all alterations, need not comply with the remainder of this subpart, provided that it has stability instructions developed by a qualified individual which comply with § 28.530 (c) through (e).
(b) A vessel that is substantially altered in a manner which adversely affects its stability, including the cumulative effects of all alterations, need not comply with the remainder of this subpart, provided the stability instructions required by paragraph (a) of this section are based on loading conditions or operating restrictions, or both, which compensate for the adverse affects of the alterations.
(c) The following changes to a vessel's lightweight characteristics are considered to adversely affect vessel stability:
(1) An increase in the vertical center of gravity at lightweight by more than
(2) An increase or decrease of lightweight displacement by more than 3 percent of the original lightweight displacement.
(3) A shift of the longitudinal center of gravity of more than 1 percent of the vessel's length.
(d) In determining whether or not a vessel's stability has been adversely affected, a qualified individual must, at a minimum, consider the net effects on stability of any:
(1) Reduction of the downflooding angle;
(2) Increase in the maximum heeling moment caused by fishing gear or weight lifted over the side due to changes in lifting arrangement or capacity;
(3) Reduction in freeing port area;
(4) Increase in free surface effects, including increased free surface effects due to water on deck associated with any increase in length or height of bulwarks;
(5) Increase in projected wind area;
(6) Decrease in the angle of maximum righting arm;
(7) Decrease in the area under the righting arm curve; and
(8) Increase in the surface area on which ice can reasonably be expected to accumulate.
(a) Where a test or calculations are necessary to evaluate stability, it is the owner's responsibility to select a qualified individual to perform the test or calculations.
(b) Test results and calculations developed in evaluating stability must be maintained by the owner.
(1) Alterations that result in a change of the vessel's lightweight vertical center of gravity of more than 2 inches (51 millimeters), a change in the vessel's lightweight displacement of more than 3 percent, or an increase of more than 5 percent in the vessel's projected lateral area, as determined by tests or calculations;
(2) Alterations which change the vessel's underwater shape;
(3) Alterations which change a vessel's angle of downflooding; and
(4) Alterations which change a vessel's buoyant volume.
(a) A vessel may comply with this section in lieu of the remainder of the requirements in this subpart. A certification plate installed under 33 CFR part 183, subpart B, is acceptable evidence of compliance with this section.
(b) A vessel which is fitted with inboard engines and loaded as described in paragraph (e) of this section must float in calm water, after being submerged for 18 hours, so that—
(1) For a open vessel, any portion of the vessel's gunwale is above the water's surface; or
(2) For a decked vessel, any portion of the main deck is above the water's surface.
(c) A vessel which is fitted with an outboard engine must be loaded as described in paragraph (e) of this section and must float in calm water after being submerged for 18 hours so that—
(1) The vessel has an equilibrium heel angle of less than 10°;
(2) Any portion of the vessel's hull is above the water's surface; and
(3) Any portion of the lowest 3 feet (0.91 meters) of the vessel's hull is not more than 6 inches (152 millimeters) below the water's surface as measured at the lowest point on the following—
(i) The gunwale, for an open boat; or
(ii) The main deck, for a decked vessel.
(d) A vessel which is fitted with an outboard engine must be loaded as described in paragraph (f) of this section and must survive the submergence described in paragraph (c) of this section, except that the equilibrium heel angle must not exceed 30° and the vessel must float with the lower end of the vessel not more than 12 inches (0.31 meters) below the water's surface in calm water.
(e) For the tests described in paragraphs (b) and (c) of this section, a vessel must be complete in all respects, except that machinery which would be damaged by water may be replaced with equivalent fixed weight in the same location as the machinery it replaces. The vessel must be loaded with weight to represent the most adverse loading condition. The most adverse loading condition normally includes the maximum weight of fish in its highest possible location. Weights must be substituted for operating personnel at 165 pounds (734 Newtons) per individual and may be substituted for fishing gear. The substitute weights may be located transversely so that the vessel floats level prior to being submerged. The two largest air chambers, or compartments of a decked vessel not used as fuel tanks, that contribute buoyancy to the vessel must be flooded.
(f) For the test described in paragraph (d) of this section, a vessel must be complete and loaded as described in paragraph (e) of this section, except that the center of gravity of the equivalent maximum fish load must be located to one side of the vessel's centerline by a distance equal to one-fifth of the maximum transverse dimension of the fish storage space.
(a)
(b) Each vessel must be provided with stability instructions which provide the master or individual in charge of the vessel with loading constraints and operating restrictions which maintain the vessel in a condition which meets the applicable stability requirements of this subpart.
(c) Stability instructions must be developed by a qualified individual.
(d) Stability instructions must be in a format easily understood by the master or individual in charge of the vessel. Units of measure, language, and rigor of calculations in the stability instructions must be consistent with the ability of the master or the individual in charge of the vessel. The format of the stability instructions may include, at the owner's discretion, any of the following:
(1) Simple loading instructions;
(2) A simple loading diagram with instructions;
(3) A stability booklet with sample calculations; or
(4) Any other appropriate format for providing stability instructions.
(e) Stability instructions must be developed based on the vessel's individual characteristics and may include the following, as appropriate for the format chosen for presentation:
(1) A general description of the vessel, including lightweight data;
(2) Instructions on the use of the information;
(3) General arrangement plans showing watertight compartments, closures, vents, downflooding angles, and allowable weights;
(4) Loading restrictions, such as diagrams, tables, descriptions or maximum KG curves;
(5) Sample loading conditions;
(6) General precautions for preventing unintentional flooding;
(7) Capacity plan or tank sounding tables showing tank and hold capacities, centers of gravity, and free surface effects;
(8) A rapid and simple means for evaluating any specific loading condition;
(9) The amount and location of fixed ballast;
(10) Any other necessary guidance for maintaining adequate stability under normal and emergency conditions;
(11) A general description of the stability criteria that are used in developing the instructions;
(12) Guidance on the use of roll limitation devices such as stabilizers; and
(13) Any other information the owner feels is important to the stability and operation of the vessel.
(a) Except as provided in paragraphs (b) and (c) of this section, each vessel for which the lightweight displacement and centers of gravity must be determined in order to do the calculations required in this subpart must have an inclining test performed.
(b) A deadweight survey may be substituted for the inclining test, if there is a record of an inclining test of a sister vessel. A vessel qualifies as a sister vessel if it is built to the same basic drawings and the undocumented weight difference between the two vessels is less than 3 percent of the lightweight displacement of the vessel which was inclined and the location of the longitudinal center of gravity differs less than 1 percent of the vessel's length.
(c) A deadweight survey may be substituted for the inclining test, or the inclining test may be dispensed with, if an accurate estimate of the vessel's lightweight characteristics can be made and the precise location of the position of the vessel's vertical center of gravity is not necessary to ensure that the vessel has adequate stability in all probable loading conditions.
(d) ASTM F 1321 (incorporated by reference, see § 28.40), with the exception of Annexes A and B, may be used as guidance for any inclining test or deadweight survey conducted under this section.
(a) When doing the stability calculations required by this subpart, the virtual rise in the vessel's vertical center of gravity due to liquids in tanks must be considered by calculating the following—
(1) For each type of consumable liquid, the maximum free surface effect of a tank, or a transverse pair of tanks, having the greatest free surface effect, in addition to a correction for service tanks; and
(2) The free surface effect of each partially filled tank and hold containing a liquid that is not a consumable or containing fish or a fish product that can shift as the vessel heels. This should include correction for any loose water within the vessel's hull associated with the processing of fish.
(b) The free surface effect of tanks fitted with cross connection piping must be calculated assuming the tanks are one common tank, unless valves that will be kept closed to prevent the transfer of liquids as the vessel heels are installed in the piping.
(c) The moment of transference method may be used in lieu of the inertia method when calculating free surface effects.
(a) Each vessel which lifts a weight over the side, or that uses fishing gear that can impose an overturning moment on the vessel, such as trawls and seines, must meet the requirements of this section if that maximum heeling moment exceeds 0.67(W)(GM)(F/B), in foot-long tons (meter-metric tons), where:
W=displacement of the vessel with the lifted weight or the force on the fishing gear included, in long tons (metric tons);
GM=metacentric height with the lifted weight or force on the fishing gear included, in feet (meters);
F=freeboard to the lowest weather deck, measured at amidships in feet (meters); and
B=maximum beam, in feet (meters).
(b) Except as provided in paragraph (f) of this section, each vessel must meet the requirements of § 28.570 or have at least 15 foot-degrees (0.080 meter-radians) of area under the righting arm curve, after correcting the righting arms for the heeling arm caused by lifting or fishing gear, from the angle of equilibrium to the least of the following:
(1) The angle corresponding to the maximum righting arm;
(2) The angle of downflooding; or
(3) 40° (0.7 radians).
(c) The angle of intersection of the heeling arm curve resulting from the lifting moment or the moment of fishing gear and the righting arm curve must not be at an angle of more than 10° (0.17 radians).
(d) The heeling arm curve resulting from lifting must be calculated as the resultant of the upright heeling moment divided by the vessel's displacement multiplied by the cosine of the angle of heel.
(e) For the purposes of this section, the weight of suspended loads must be assumed to act at the tip of the boom unless the suspended load's transverse movement is restricted, such as by the use of sideboards.
(f) A vessel that operates on protected waters, as defined in § 170.050 of this chapter, must comply with the requirements of this section, except that the area described in paragraph (b) of this section must be at least 10 foot-degrees (0.053 meter-radians).
(a)
(b) Except as provided in paragraph (d) of this section, the weight of assumed ice on each surface above the waterline of a vessel which operates north of 66°30′ North latitude or south of 66° South latitude must be assumed to be at least:
(1) 6.14 pounds per square foot (30 Kilograms per square meter) of horizontal projected area which corresponds to a thickness of 1.3 inches (33 millimeters); and
(2) 3.07 pounds per square foot (15 Kilograms per square meter) of vertical projected area which corresponds to a thickness of 0.65 inches (16.5 millimeters).
(c) Except as provided in paragraph (d) of this section, the weight of assumed ice on a vessel that operates north of 42° North but south of 66°30′ North latitude or south of 42° South but north of 66° South latitude must be assumed to be at least one-half of the values required by paragraphs (b)(1) and (b)(2) of this section.
(d) The height of the center of gravity of the accumulated ice should be calculated according to the position of each corresponding horizontal surface (deck and gangway) and each other continuous surface on which ice can reasonably be expected to accumulate. The projected horizontal and vertical area of each small discontinuous surface such as a rail, a spar, and rigging with no sail can be accounted for by increasing the calculated area by 15 percent.
(e) The weight and location of ice must be included in the vessel's weight and centers of gravity in each condition of loading when performing the stability calculations required by this subpart.
(a) Except as provided in paragraph (i) of this section, each decked vessel fitted with bulwarks must be fitted with freeing ports.
(b) Freeing ports must be located to allow the rapid clearing of water in all probable conditions of list and trim.
(c) Except as provided by paragraphs (d) through (h) of this section, the aggregate clear area of freeing ports on each side of the vessel must not be less than 0.71 plus 0.035 times the length of the bulwark, in meters, for area in square meters, or 7.6 plus 0.115 times the length of the bulwark, in feet, for the area in square feet. The length of bulwark need not exceed 0.7 times the overall length of the vessel.
(d) Except as provided in paragraphs (e) through (h) of this section, for bulwarks which exceed 20.11 meters (66 feet) in length, the aggregate clear area of freeing ports on each side of the vessel must not be less than 0.07 times the length of the bulwark, in meters, for an area in square meters (0.23 times the length of the bulwark in feet, for an area in square feet). The length of the bulwark need not exceed 0.7 times the overall length of the vessel.
(e) For a bulwark more than 4 feet (1.22 meters) in height, the freeing port area required by paragraphs (c) or (d) of this section must be increased in accordance with the following formula:
i=[h−4]0.04q, (i=[h−1.722].04q, for metric units), where:
i=increase in freeing port area, in square feet (square meters);
h=bulwark height, in feet (meters); and
q=length of bulwark exceeding 4 feet (1.22 meters) in height, in feet (meters).
(f) For a bulwark less than 3 feet (0.91 meters) in height, the required freeing port area, required by paragraph (c) or (d) of this section, may be decreased in accordance with the following formula:
r=[3−h]0.04q, (r=[h−0.91−h]0.04q), where:
r=permitted reduction in freeing port area, in square feet (square meters).
h=bulwark height, in feet (meters).
q=length of bulwark which is less than 3 feet (0.914 meters) in height, in feet (meters).
(g) For a vessel without sheer, the freeing port area must be increased by 50 percent.
(h) The area of the freeing ports on a vessel that operates on protected waters need only be 50 percent of the area required by paragraphs (c) or (d) of this section.
(i) Freeing port covers are permitted provided that the freeing port area required by this section is not diminished and the covers are constructed and fitted so that water will readily flow outboard but not inboard.
(a) Each opening in a deck or a bulkhead that is exposed to weather must be fitted with a weathertight or a watertight closure device.
(b) Except as provided in paragraphs (c) through (f) of this section, each opening in a deck or a bulkhead that is exposed to weather must be fitted with a watertight coaming as follows:
(1) For a vessel 79 feet (24 meters) or more in length, the coaming must be at least 24 inches (0.61 meters) in height; or
(2) For a vessel less than 79 feet (24 meters) in length, the coaming must be at least 12 inches (0.30 meters) in height.
(c) A coaming to a fish hold that is under constant attention when the closure is not in place need only be 6 inches (0.15 meters) in height.
(d) The coaming of an opening fitted with a quick-acting watertight closure device need only be of sufficient height to accommodate the device.
(e) Except on an exposed forecastle deck, a coaming is not required on a deck above the lowest weather deck.
(f) Each window and portlight located below the first deck above the lowest weather deck must be provided with an inside deadlight. Each deadlight must be efficient, hinged, and arranged so that it can be effectively closed watertight.
(g) An opening in a vessel below the weather deck which is used for discharging water or debris resulting from processing or sorting operations must
(a) Each vessel with bulwarks must comply with the requirements of this section.
(b) Except for a vessel that operates on protected waters, the residual righting energy, “b” in Figure 28.565, must not be less than the water on deck heeling energy, “a” in Figure 28.565.
(c) The water on deck heeling energy must be determined assuming the following:
(1) The deck well is filled to the top of the bulwark at its lowest point and the vessel heeled to the angle at which this point is immersed;
(2) Water does not run off through the freeing ports;
(3) Vessel trim and displacement are constant and equal to the values of the vessel without the water on deck; and
(4) Water in the well is free to run-off over the top of the bulwark.
(d) The residual righting energy is the righting energy from the value where the righting arm equals the water on deck heeling arm up to the lesser of the values of 40° (0.70 radians) of heel or the downflooding angle.
(a) Except as provided in paragraph (c) of this section, each vessel must have the following properties in each condition of loading:
(1) An initial metacentric height (GM) of at least 1.15 feet (0.35 meters);
(2) A righting arm (GZ) of at least 0.66 feet (0.2 meters) at an angle of heel not less than 30° (0.52 radians);
(3) A maximum righting arm that occurs at an angle of heel not less than 25° (0.44 radians);
(4) An area under each righting arm curve of at least 16.9 foot-degrees (0.090 meter-radians) up to the lesser of 40° (0.70 radians) or the angle of downflooding;
(5) An area under each righting arm curve of at least 10.3 foot-degrees (0.055 meter-radians) up to an angle of heel of 30° (0.52 radians);
(6) An area under each righting arm curve of at least 5.6 foot-degrees (0.030 meter-radians) between 30° (0.52 radians) and the lesser of 40° (0.70 radians) or the angle of downflooding; and
(7) Except as provided by paragraph (b) of this section, positive righting arms through an angle of heel of 60° (1.05 radians).
(b) In lieu of meeting the requirements of paragraph (a)(7) of this section, a vessel may comply with the following provisions:
(1) Hatches in the watertight/weathertight envelope must be normally kept closed at sea (e.g., the live tank hatch is only opened intermittently, under controlled conditions); or
(2) Unintentional flooding through these hatches must not result in progressive flooding to other spaces; and
(3) In all cases, a vessel must have positive righting arms through an angle of heel of at least 50° (0.87 radians) and the intact stability analysis must consider that spaces accessed by such hatches to be flooded full or flooded to the level having the most detrimental effect on stability when free surface effects are considered.
(c) In lieu of meeting the requirements of paragraph (a) of this section, a vessel may comply with the provisions of § 170.173(c) of this chapter, provided that righting arms are positive to an angle of heel of not less than 50° (0.87 radians).
(d) For the purpose of paragraphs (a) and (c) of this section, at each angle of heel a vessel's righting arm must be calculated assuming the vessel is permitted to trim free until the trimming moment is zero.
(a) Each vessel must meet paragraphs (f) and (g) of this section when subjected to the gust wind heeling arm and the angle of roll to windward as specified in this section.
(b) The gust wind heeling arm, L
(c) The angle of roll to windward, A
(d) The angle of equilibrium, A
(e) The area “b” in figure 28.575 must be measured to the least of the following:
(1) The angle of downflooding, (A
(2) The angle of the second intercept, A
(3) A heel angle of 50° (0.87 radians).
(f) The angle of equilibrium, A
(g) Area “b” in figure 28.575 must not be less than area “a” in figure 28.575.
(a)
(b)
(1) Openings in the collision bulkhead must be kept to a minimum, and each must be fitted with a watertight closure device;
(2) A collision bulkhead must not be fitted with a door below the bulkhead deck;
(3) A penetration or opening in a collision bulkhead must be—
(i) Located as high and as far inboard as practicable; and
(ii) Fitted with a means to rapidly make it watertight which is operable from a location aft of the collision bulkhead;
(4) The collision bulkhead must be located at least 5 percent of the length from the forward perpendicular unless the vessel has a bulbous bow, in which case the forward reference point will be extended by half the distance between the vessel's forward perpendicular and the forwardmost point of the bulbous bow as shown in figure 28.580; and
(5) The collision bulkhead must not be stepped below the bulkhead deck.
(c) Each vessel must meet the survival conditions in paragraph (f) of this section in each condition of loading and operation with the extent and character of damage specified in paragraphs (d) and (e) of this section.
(d)
(1) Longitudinal extent—L/10, or 10 feet (3.05 meters) plus 0.03L, whichever is less. Transverse watertight bulkheads that are separated by at least this distance may be assumed to remain effective;
(2) Transverse extent—30 inches (0.76 meters) from the side measured at right angles to the centerline at the level of the deepest operating waterline; and
(3) Vertical extent—from the baseline upward without limit.
(e) Each space containing a through hull fitting, such as the lazarette and the engineroom, must be assumed to be flooded.
(f)
(1) The angle of equilibrium after flooding does not exceed 25° (0.44 radians); and
(2) Through an angle of 20° (0.35 radians) beyond the angle of equilibrium after flooding, the following are met—
(i) The righting arm curve is positive;
(ii) The maximum righting arm is at least 4 inches (102 millimeters);
(iii) Each submerged opening is capable of being made weathertight; and
(iv) The heeling arm caused by deploying all fully loaded davit-launched survival craft on one side of a vessel does not exceed the righting arm at any angle of heel beyond the equilibrium angle when launching is assumed on the damaged side.
(g)
(1) For an accommodations space—95 percent;
(2) For a propulsion machinery space—85 percent;
(3) For a tightly packed storage space—60 percent;
(4) For a void or an auxiliary machinery space—95 percent;
(5) For an empty fish hold—95 percent;
(6) For a full fish hold—50 percent; and
(7) For tanks—95 percent (less if a tank must be full to attain the draft under consideration.)
(h)
(1) Sufficiently strong to withstand the impact of waves;
(2) Fitted with a weathertight or watertight closure device for each opening;
(3) Equipped with an efficient, hinged, inside deadlight, for each window and each portlight, arranged so that it can be effectively closed watertight; and
(4) Fitted with interior access from the spaces below.
(i) A vessel may obtain and maintain a Load Line Certificate under subchapter E of this chapter in lieu of meeting the requirements of paragraphs (c) through (g) of this section.
Each fish processing vessel which is not subject to inspection under the provisions of another subchapter of this chapter must meet the requirements of this subpart.
(a) At least once in every two years each vessel must be examined for compliance with the regulations of this subchapter by the ABS, a similarly qualified organization, or a surveyor of an accepted organization.
(b) Each individual performing an examination under paragraph (a) of this section, upon finding the vessel to be in compliance with the requirements of this chapter, must provide a written certification of compliance to the owner or operator of the vessel.
(c) Each certification of compliance issued under paragraph (b) of this section must:
(1) Be signed by the individual that performed the examination;
(2) Include the name of the organization the individual performing the examination represents or the name of the accepted organization the individual belongs to; and
(3) State that the vessel has been examined and found to meet the specific requirements of this chapter.
(d) A certification of compliance issued under paragraph (b) of this section must be retained on board the vessel until superseded.
(e) A copy of the certification of compliance issued under paragraph (b) of this section must be forwarded by the organization under whose authority the examination was performed to the Coast Guard District Commander (Attention: Fishing Vessel Safety Coordinator) in charge of the district in which the examination took place.
(a) Each vessel which is built after or which undergoes a major conversion completed after July 27, 1990, must be classed by the ABS, or a similarly qualified organization.
(b) Each vessel which is classed under paragraph (a) of this section must:
(1) Have on board a certificate of class issued by the organization that classed the vessel.
(2) Meet all survey and classification requirements prescribed by the organization that classed the vessel.
(a) This subpart applies to each fish tender vessel engaged in the Aleutian trade that has not undergone a major conversion and:
(1) Was operated in Aleutian trade before September 8, 1990; or
(2) Was purchased to be used in the Aleutian trade before September 8, 1990, and entered into service in the Aleutian trade before June 1, 1992.
(b) Except as noted otherwise in this subpart, a vessel subject to this subpart must also comply with the requirements of subparts A, B, and C of this part.
(c) Each fish tender vessel engaged in the Aleutian trade that undergoes a major conversion after September 15, 1991 must comply with the additional requirements of subpart D.
(d) A fish tender vessel engaged in the Aleutian trade is subject to inspection under the provisions of 46 U.S.C. 3301 (1), (6), or (7) unless it:
(1) Is not more than 500 gross tons;
(2) Has an incline test performed by a marine surveyor; and
(3) Has written stability instructions posted on board the vessel.
In addition to the survival craft requirements in subpart B, each vessel must have a gate or other opening in the deck rails, lifelines, or bulwarks adjacent to the stowage location of each survival craft which has a mass of more than 50 kilograms (110 pounds), so that the survival craft can be manually launched.
(a) Except as otherwise provided in paragraph (d) of this section, deck rails, lifelines, grab rails, or equivalent protection must be installed near the periphery of all weather decks accessible to individuals. Where space limitations make deck rails impractical, hand grabs may be substituted.
(b) The height of deck rails, lifelines, or bulkwarks must be at least 1 meter (39
(c) All deck rails or lifelines must be permanently supported by stanchions at intervals of not more than 2.3 meters (7 feet). Stanchions must be through bolted or welded to the deck.
(d) Portable stanchions and lifelines may be installed in locations where permanently installed deck rails will impede normal cargo operations or emergency recovery operations.
(e) Deck rails or lifelines must consist of evenly spaced courses. The spacing between courses must not be greater than 0.38 meters (15 inches). The opening below the lowest course must not be more than 0.23 meters (9 inches). Lower courses are not required where all or part of the space below the upper rail is fitted with a bulwark, chain link fencing, wire mesh, or an equivalent.
(f) A suitable storm rail or hand grab must be installed where necessary in a passageway, at a deckhouse side, at a ladder, and a hatch where an individual might have access.
Instead of meeting the requirements of § 28.255, each vessel to which this subpart applies must meet the following requirements:
(a) Each vessel must be equipped with a fixed, self priming, powered, bilge pump, having a minimum capacity rating of 50 gallons per minute, connected to a bilge manifold and piping capable of draining any watertight compartment, other than tanks and small buoyancy compartments, under all service conditions. Large spaces, such as engine rooms and cargo holds must be fitted with more than one suction line.
(b) In addition, each vessel must be fitted with a fixed secondary or backup bilge pump having an independent and separate source of power from the pump required in paragraph (a) of this section. One of the bilge pumps may be attached to the propelling engine.
(c) A portable bilge pump may substitute for the secondary pump required above, as long as it meets the following:
(1) It must be self priming and provided with a suitable suction hose of adequate length to reach the bilges of each watertight compartment it must serve and be fitted with a built-in check valve and strainer.
(2) The portable pump must be of at least the same minimum capacity as that listed in paragraph (a) of this section and fitted with a discharge hose of adequate length to ensure overboard discharge from the lowest compartment in which it can serve.
(3) The portable pump must also be capable of being quickly and efficiently attached to the vessel's fixed bilge suction main and/or discharge piping (such as with “camlocks”, etc.) for alternate emergency use.
(d) Except for suction lines attached to an individual pump provided for a separate space, or for a portable pump, each individual bilge suction line must be provided with a stop valve at the manifold and a check valve at some accessible point in the bilge line to prevent unintended flooding of a space.
(e) Each bilge suction line and dewatering system must be fitted with a suitable strainer to prevent clogging of the suction line. Strainers must have an open area of not less than three times the open area of the suction line.
(f) Except for a fire pump required by 46 CFR 28.820, a bilge pump may be used for other purposes.
(g) Each vessel must comply with the oil pollution prevention requirements of 33 CFR parts 151 and 155.
(a) Each vessel must be equipped with a self-priming, power driven fire pump connected to a fixed piping system. This pump must be capable of delivering an effective stream of water from a hose connected to the highest outlet. The minimum capacity of the power fire pump shall be 50 gallons per minute at a pressure of not less than 60 pounds per square inch at the pump outlet.
(1) If multiple pumps are installed, they may be used for other purposes provided at least one pump is kept
(2) In addition, each vessel must be fitted with a portable fire pump having a minimum capacity of that specified in paragraph (a) of this section, capable of producing a stream of water having a throw of at least 12 meters (39.4 feet) from the nozzle, and capable of being connected to National Standard Fire Hose of the size utilized on board the vessel. If a vessel already has on board a portable pump satisfying the bilge system requirements of § 28.760(c), no additional portable pump is required as long as the portable pump is of sufficient size/capacity, and is properly equipped to handle both fire fighting and flood control.
(b) Each vessel must have a sufficient number of fire hydrants to reach any part of the vessel using a single length of hose.
(c) Each fire hydrant must have at least one length of fire hose connected to the outlet at all times, a spanner, and a hose rack or other device for stowing the hose at all times.
(1) All parts of the firemain located on exposed decks shall either be protected against freezing or be fitted with cutout valves and drain valves.
(2) Firehose shall not be used for any other purpose other than fire extinguishing, drills, and testing.
(3) Each length of fire hose must be a minimum of 3.83 centimeters (1
Instead of meeting the requirements of § 28.155, each vessel to which this subpart applies must meet the following requirements:
(a) Installation of fire detection and protection equipment in excess of that required by the regulations in this Subchapter is permitted provided that the excess equipment does not endanger the vessel or individuals on board in any way. The excess equipment must, at a minimum, be listed and labeled by an independent, nationally recognized testing laboratory and be in accordance with an appropriate industry standard for design, installation, testing, and maintenance.
(b) An existing fixed gas fire extinguishing system that is in excess of the required fire protection equipment required by subparts A, B, and C of this part, may remain in place and continue in service as long as all parts of the system are maintained in good condition to the satisfaction of the Coast Guard Representative, and subject to the following:
(1) A fixed fire extinguishing system capable of automatic discharge upon heat detection, may only be installed in a normally unoccupied space. For the purpose of this section, the machinery space aboard a fish tender operating in the Aleutian trade is considered occupied.
(2) A fixed fire extinguishing system must:
(i) Be capable of manual actuation from outside the space protected;
(ii) Produce an audible alarm to indicate the discharge of the extinguishing agent for 20 seconds before the extinguishing agent for 20 seconds before the agent is released into the space;
(iii) The branch line valves of all fire extinguishing systems shall be plainly and permanently marked indicating the spaces serviced;
(iv) The control cabinets or spaces containing valves or manifolds for the various fire extinguishing systems shall be distinctly marked in conspicuous red letters at least 5.08 centimeters (2 inches) high:
(v) Instructions for the operation of the system must be located in a conspicuous place at or near all pull boxes, stop valve controls, and in the agent storage space;
(vi) If the space or enclosure containing the supply or controls is to be locked, a key to the space or enclosure shall be in a break-glass-type box conspicuously located adjacent to the opening, and;
(vii) Be equipped with a sign at the alarm stating: “WHEN ALARM SOUNDS—VACATE AT ONCE. CARBON DIOXIDE BEING RELEASED”, or list other fire extinguishing agent.
(3) Any modification, alteration, or new installation of a fixed gas fire extinguishing system must meet the additional requirements of subpart D of this part.
(a) Each accommodation space must be equipped with an independent modular smoke detector or a smoke actuated fire detecting unit installed in accordance with § 76.33 of this chapter.
(b) An independent modular smoke detector must meet UL 217 and be listed as a “Single Station Smoke Detector—Also Suitable for Use in Recreational Vehicles”.
(a) Portable fuel systems including portable tanks and related fuel lines and accessories are prohibited except where used for outboard engines or portable bilge/fire pumps.
(b) Each integral fuel tank must be fitted with a vent pipe connected to the highest point of the tank terminating in a 180 degree (3.14 radians) bend on a weather deck and be fitted with a flame screen.
(c) Test cocks must not be fitted to fuel oil tanks.
(d) Valves for removing water or impurities from diesel fuel oil systems are permitted in the machinery space provided they are away from any potential sources of ignition. Such valves shall be fitted with caps or plugs to prevent leakage.
(e) Oil piping drains, strainers and other equipment subject to normal oil leakage must be fitted with drip pans or other means to prevent oil draining into the bilge.
(f) All nonmetallic filters and strainers must be fitted with a metal shield attached to their base in such a way as to prevent direct flame impingement in the case of a fire.
(g) Shutoff valves shall be installed in the fuel supply piping lines, one as close to each tank as practicable, and one as close to each fuel pump as practicable. Valves shall be accessible at all times.
(h) Fuel oil piping subject to internal head pressure from diesel oil in a tank must be fitted with a positive shutoff valve, installed to close against the flow at the tank. This valve is to be capable of remote actuation from outside the space in which the tank/piping is located, accessible at all times, and suitably marked.
(i) With the exception of paragraph (j) and (k) of this section, fuel piping shall be steel pipe, annealed seamless copper, brass, nickel copper, or copper nickel alloy tubing having a minimum wall thickness of 0.9 millimeters (0.035 inches).
(j) Flexible connections of a short length (no more than 762mm, (30 inches)), suitable metallic or nonmetallic flexible tubing or hose is permitted in the fuel supply line at or near the engine to prevent damage by vibration. If nonmetallic flexible hose is used it must:
(1) Not exceed the minimum length needed to allow for vibration;
(2) Be visible, easily accessible, and must not penetrate a watertight bulkhead;
(3) Be fabricated with an inner tube and outer-covering of synthetic rubber or other suitable material reinforced with wire braid;
(4) Be fitted with suitable, corrosion resistant, compression fittings; and
(5) Be installed with two hose clamps at each end of the hose, if designed for use with clamps. Clamps must not rely on spring tension and must be installed beyond the bead or flare or over the serrations of the mating spud, pipe, or hose fitting.
(k) Supply piping that conveys fuel oil or lubricating oil to equipment and is in close proximity of equipment or lines having an open flame or having parts operating above 260° C (500° F) must be of seamless steel.
(l) Existing fuel oil piping may remain in service as long as it is serviceable to the satisfaction of the Coast Guard Representative. Any replacement, alterations, modifications or new installations to the fuel oil piping system must be made in accordance with the material requirements of this section.
All electrically driven fuel oil transfer pumps, fuel oil unit and service pumps, and ventilation fans shall be
(a) Electrical equipment exposed to the weather or in a location exposed to seas must be waterproof or watertight, or enclosed in a watertight housing.
(b) Aluminum must not be used for current carrying parts of electrical equipment or wiring.
(c) As far as practicable, electrical equipment must not be installed in lockers used to store paint, oil, turpentine, or other flammable or combustible liquids. If electrical equipment, such as lighting, is necessary in these spaces, it must be explosion-proof or intrinsically safe.
(d) Explosion-proof and intrinsically safe equipment must meet the requirements of § 111.105 of this chapter.
(e) Metallic enclosures and frames of electrical equipment must be grounded.
(a) Applicability: Each vessel that relies on electricity to power any of the following essential loads must have at least two electrical generators to supply:
(1) The propulsion system and its necessary auxiliaries and controls;
(2) Interior lighting;
(3) Steering systems;
(4) Communication systems;
(5) Navigation equipment and navigation lights;
(6) Fire protection or detection equipment;
(7) Bilge pumps; and
(8) General alarm system.
(b) Each generator must be attached to an independent prime mover.
(a) Each electrical distribution system which has a neutral bus or conductor must have the neutral bus or conductor grounded.
(b) A grounded electrical distribution system must have only one connection to ground. This ground connection must be at the switchboard.
(a) Each power source must be protected against overcurrent. Overcurrent devices for generators must be set at a value not exceeding 115 percent of the generator's full load rating.
(b) Except for a steering circuit, each circuit must be protected against both overload and short circuit. Each overcurrent device in a steering system power and control circuit must provide protection only.
(c) Each ungrounded current carrying conductor must be protected in accordance with its current carrying capacity by a circuit breaker or fuse at the connection to the switchboard or distribution panel bus.
(d) Each circuit breaker and each switch must simultaneously open all ungrounded conductors.
(e) The grounded conductor of a circuit must not be disconnected by a switch or an overcurrent device unless all ungrounded conductors of the circuit are simultaneously disconnected.
(f) Navigation light circuits must be separate, switched circuits having fused disconnect switches or circuit breakers so that only the appropriate navigation lights can be switched on.
(g) A separate circuit with overcurrent protection at the main distribution panel or switchboard must be provided for each radio installation.
(a) All cable and wire must have insulated, stranded copper conductors of the appropriate size and voltage rating of the circuit.
(b) Each conductor must be No. 22 AWG or larger. Conductors in power and lighting circuits must be No. 14 AWG or larger. Conductors must be sized so that the voltage drop at the load terminals is not more than 10 percent.
(c) Cable and wiring not serving equipment in high risk fire areas such as a galley, laundry, or machinery
(d) No unused or dead ended cables may remain after the permanent removal or alteration of an electrical device.
(e) Cable and wire for power and lighting circuits must:
(1) For circuits of less than 50 volts, meet 33 CFR 183.425 and 183.430; and
(2) For circuits of 50 volts or greater:
(i) Meet section 310-13 and 310-15 of NFPA 70, except that asbestos insulated cable and dry location cable must not be used;
(ii) Be listed by Underwriters Laboratories Inc. as UL Marine Boat or UL Marine Shipboard cable; or
(iii) Meet § 111.60 of this chapter.
(f) All metallic cable armor must be electrically continuous and grounded to the metal hull or the common ground point at each end of the cable run, except that final sub-circuits (those supplying loads) may be grounded at the supply end only.
(g) Wiring terminations and connections must be made in a fire retardant enclosure such as a junction box, fixture enclosure, or panel enclosure.
(h) Existing cable and wire may remain in place and continue in use as long as it is deemed serviceable to the satisfaction of the Coast Guard Representative. Any new installation, replacement, modification or alteration must be done in accordance with the requirements of this section.
(a) The following electrical loads must be connected to an independent emergency source of power capable of supplying all connected loads continuously for at least three hours:
(1) Navigation lights;
(2) Fire protection and detection systems;
(3) Communications equipment;
(4) General alarm system; and
(5) Emergency lighting;
(b) The emergency power source must be aft of the collision bulkhead, outside of the machinery space, and above the uppermost continuous deck.
(c) An emergency source of power supplied solely by storage battery must also meet the following requirements:
(1) Each battery must be a lead-acid or alkaline type and be able to withstand vessel pitch, vibration, roll, and exposure to a salt water atmosphere;
(2) A battery cell must not spill electrolyte when the battery is inclined at 30 degrees from the vertical;
(3) Each battery installation must be in a battery room, in a box on dock, or in a well ventilated compartment. The batteries must be protected from falling objects;
(4) Each battery tray must be secured to prevent shifting with the roll and pitch of the vessel and lined with a material that is corrosion resistant to the electrolyte of the battery;
(5) Each battery bank installation must be fitted with its own drip-proof charging system; and
(6) Each deck box used for battery storage must be weathertight, and have holes near the top to allow gas to escape.
(a) Each vessel must be fitted with a general marine radar system for surface navigation with a radar screen mounted at the operating station, and facilities on the bridge for plotting radar readings.
(b) Each vessel must be fitted with a suitable echo depth sounding device.
(c) Except as provided in 33 CFR § 164.15, when the automatic pilot is used in areas of high traffic density, conditions of restricted visibility, and all other hazardous navigational situations, the master or person in charge shall ensure that:
(1) It is possible to immediately establish manual control of the unit's steering:
(2) A competent person is ready at all times to take over steering control; and
(3) The changeover from automatic to manual steering and vice versa is
(a) Each hydraulic system must be so designed and installed that proper operation of the system is not affected by back pressure in the system.
(b) Piping and piping components must be designed with a burst pressure of not less than four times the system's maximum operating pressure.
(c) Each hydraulic system must be equipped with at least one pressure relieving device set to relieve at the system's maximum operating pressure.
(d) All material in a hydraulic system must be suitable for use with the hydraulic fluid used and must be of such chemical and physical properties as to remain ductile at the lowest operating temperature likely to be encountered by the vessel.
(e) Except for hydraulic steering equipment, controls for operating hydraulic equipment must be located where the operator has an unobstructed view of the controls for operating hydraulic equipment and the adjacent work area. Protection shall be afforded to the operator of hydraulic equipment against falling or swinging objects and/or cargo.
(f) Controls for hydraulic equipment must be so arranged that the operator is able to quickly disengage the equipment in an emergency.
(g) Hydraulically operated machinery must be fail-safe or equipped with a holding device to prevent uncontrolled movement or sudden loss of control due to loss of hydraulic system pressure. A system is considered to be fail-safe if a component failure results in a slow and controlled release of the load so as not to endanger personnel.
(h) Nonmetallic flexible hose assemblies must only be used between two points of relative motion, limited to the least amount of length that will afford maximum multidirectional movement of the equipment served.
(i) Hose end fittings must comply with SAE J1475, (Hydraulic Hose Fittings For Marine Applications). Field attachable fittings must be installed following the manufacturer's recommended practice (method).
(j) Nonmetallic flexible hose shall be marked with the manufacturer's name or trademark, type or catalog number and maximum allowable working pressure.
(k) Existing hydraulic piping, nonmetallic hose assemblies, and components may be continued in service so long as they are maintained in good condition to the satisfaction of the Coast Guard Representative, but all new installations, or replacements shall meet the applicable specifications or requirements of this section.
(a) The safe working load (SWL) for the assembled gear shall be marked on the heel of each cargo boom, crane, or derrick. These letters and figures are to be in contrasting colors to the background and at least one inch in height. The SWL is construed to be the load the gear is approved to lift, excluding the weight of the gear itself.
(b) All wire rope, chains, rings, hooks, links, shackles, swivels, blocks, and any other loose gear used or intended to be used in cargo loading or unloading must be commensurable with the SWL rating in paragraph (a) of this section. This gear shall be visually inspected by the vessel's captain or his designee at frequent intervals, and in any event not less than once in each operating month.
(c) In addition to the inspection required in paragraph (b) of this section, a biennial, (every second year), thorough examination and proof load test, at a minimum of the SWL rating, shall be performed and witnessed by competent personnel. The proof load applied to the winches, booms, derricks, cranes and all associated gear shall be lifted with the ship's normal tackle with the boom or derrick at the lowest practicable angle. When the load has been lifted, it shall be swung as far as possible in both directions.
(d) After satisfactory completion of the tests and examinations required in paragraphs (b) and (c) of this section, all results and notations together with the date and location of each shall be maintained and available to Coast Guard representatives upon request.
(a) At least once in every two years each ATA vessel must be examined for compliance with the regulations of this subchapter by the ABS, a similarly qualified organization, or a surveyor of an accepted organization.
(b) Each individual performing an examination under paragraph (a) of this section, upon finding the vessel to be in compliance with the requirements of this chapter, must provide written certification of compliance to the owner or operator of the vessel.
(c) Each certification of compliance issued under paragraph (b) of this section must:
(1) Be signed by the individual that performed the examination;
(2) Include the name of the organization the individual performing the examination represents or the name of the accepted organization the individual belongs to; and
(3) State that the vessel has been examined and found to meet the specific requirements of this chapter.
(d) A certification of compliance issued under paragraph (b) of this section must be retained on board the vessel until superseded.
(e) A copy of the certification of compliance issued under paragraph (b) of this section must be forwarded by the organization under whose authority the examination was performed to the Coast Guard District Commander (Attention: Fishing Vessel Safety Coordinator) in charge of the district in which the examination took place.
(a) A fish tender vessel of not more than 500 gross tons, engaged in the Aleutian trade, is not subject to the loadline provisions of 46 U.S.C. Chapter 51 if it is not on a foreign voyage and the vessel:
(1) Operated in this trade before September 8, 1990; or
(2) Was purchased to be used in this trade before September 8, 1990 and entered into service before June 1, 1992; and
(3) Has not undergone a major conversion; and
(4) Has not had a loadline assigned at any time before November 16, 1990.
(b) The exemption from the loadline provision of 46 U.S.C. Chapter 51 set forth in paragraph (a) of this section expires on January 1, 2003.
The requirements for providing notice and reporting of marine casualties are contained in part 4 of this chapter. The owner of or master of the vessel shall ensure that the survey guidance provided by a Coast Guard Representative is effectively carried out, that the material and the workmanship of such repairs or renewals are in all respects satisfactory, and that the vessel complies in all respects with the regulations in this part.
No repairs or alterations affecting the safety of the vessel with regard to the hull, machinery, or equipment, shall be made without the notification of a Coast Guard Representative.
This listing is provided for informational purposes only. It is compiled and kept current by the U.S. Coast Guard, Department of Homeland Security. This index is updated as of October 1, 2003.
Parts 151 through 157 in 33 CFR subchapter O contain additional design, equipment, and operations requirements relating to pollution prevention for vessels that carry oil.
46 U.S.C. 2103, 3306, 3703; Pub. L. 103-206, 107 Stat. 2439; 49 U.S.C. 5103, 5106; 49 CFR 1.45, 1.46; Section 30.01-2 also issued under the authority of 44 U.S.C. 3507; Section 30.01-05 also issued under the authority of Sec. 4109, Pub. L. 101-380, 104 Stat. 515.
(a) The rules and regulations in this subchapter are prescribed for all tank vessels in accordance with the intent of the various statutes administered by the Coast Guard and to provide for a correct and uniform administration of the vessel inspection requirements applicable to tank vessels.
(a)
(b)
(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in paragraph (b) of this section, the Coast Guard must publish notice of change in the
(b) The material approved for incorporation by reference in this part, and the sections affected are as follows:
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
33 CFR subchapter O (parts 151 through 157) contains additional design, equipment, and operations requirements relating to pollution prevention for vessels that carry oil.
(a) The regulations in this subchapter contain requirements for materials, design, construction, inspection, manning, and operation of tank vessels, including handling and stowage of cargo and duties of officers and crew. However, vessels certificated as passenger, cargo, and miscellaneous vessels, whose principal purpose or use is not the carriage of flammable or combustible liquid cargo in bulk, may be granted a permit to carry limited quantities of flammable or combustible liquid cargo in bulk in the grades indicated:
(1) Passenger vessels:
(i) Grade E in an integral tank; and
(ii) Grade E in a portable tank, including a marine portable tank (MPT), in accordance with subpart 98.30 or 98.33 of this chapter.
(2) Cargo vessels:
(i) Grades D and E in an integral tank; and
(ii) Grades D and E and certain specifically named Grade C in a portable tank, including an MPT, in accordance
(3) Miscellaneous vessels, such as cable, salvage, pile-driving and oil-drilling-rig vessels:
(i) Grades B, C, D, and E in a fixed independent or integral tank authorized by the Commandant; and
(ii) Grades D and E and certain specifically named Grade C in a portable tank, including an MPT, in accordance with subpart 98.30 or 98.33 of this chapter.
(b) [Reserved]
(c) The vessels and services to which each regulation applies are indicated by letters in the heading of the section or paragraph. The first letter or two letters indicate the type of vessel and the letter or letters following the oblique line indicate the waters in which such vessels may operate. These letters are described as follows:
(1) “T” signifies a tankship.
(2) “B” signifies a tank barge when it precedes an oblique line; or it signifies service on bays, sounds, and lakes other than the Great Lakes when it follows an oblique line.
(3) “ALL” signifies service on all waters.
(4) “O” signifies service on ocean waters.
(5) “C” signifies services on coastwise waters.
(6) “L” signifies service on Great Lakes waters.
(7) “R” signifies service on river waters.
(d) This subchapter is applicable to all U.S.-flag vessels indicated in Column 2 of Table 30.01-5(d), except as follows:
(1) Any vessel operating exclusively on inland waters which are not navigable waters of the United States.
(2) Any vessel while laid up and dismantled and out of commission.
(3) With the exception of vessels of the U.S. Maritime Administration, any vessel with title vested in the United States and which is used for public purposes.
(e) This subchapter shall be applicable to all foreign flag vessels carrying combustible or flammable liquid cargo in bulk while in the navigable waters over which the United States has jurisdiction, except that:
(1) A vessel of a foreign nation signatory to the International Convention for Safety of Life at Sea, 1974, which has on board a current valid Safety Equipment Certificate, or a vessel of a foreign nation having inspection laws
(2) A foreign flag vessel, except a public vessel, which operates on or enters the navigable waters of the United States, or which transfers oil in any port or place subject to the jurisdiction of the United States, must comply with the provisions of § 31.10-21a and subparts 32.53, 32.59 and 34.05 of this chapter, as applicable.
(f) Notwithstanding the exceptions previously noted in paragraph (e) of this section, foreign vessels of novel design or construction, or whose operation involves potential unusual risks, shall be subject to inspection to the extent necessary to safeguard life and property in United States ports, as further provided by § 2.01-13 of subchapter A (Procedures applicable to the Public) of this chapter.
(g) Manned barges carrying any of the cargoes listed in Table 30.25-1 will be considered individually by the Commandant and may be required to comply with the requirements of subchapter O of this chapter, as applicable, as well as the requirements of this subchapter.
(h) Subpart 30.30 contains procedures for evaluating vessel personnel licensing and certification programs of foreign countries which license or certificate personnel serving on tank vessels that enter or operate in U.S. navigable waters and ports.
For Federal Register citations affecting § 30.01-5, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.
(a) Except as provided in paragraphs (b), (c), and (d) of this section, the regulations in this subchapter that apply to a vessel on an
(1) Is mechanically propelled and of at least 500 gross tons; and
(2) Is engaged on a voyage:
(i) From a country to which the International Convention for Safety of Life at Sea, 1974 (SOLAS 74) applies, to a port outside that country or the reverse;
(ii) From any territory, including the Commonwealth of Puerto Rico, all possessions of the United States, and all lands held by the United States under a protectorate or mandate, whose international relations are the responsibility of a contracting SOLAS 74 government, or which is administered by the United Nations, to a port outside that territory or the reverse; or
(iii) Between the contiguous states of the United States and the states of Hawaii or Alaska or between the states of Hawaii and Alaska.
(b) The regulations that apply to a vessel on an
(c) The Commandant or his authorized representative may exempt any vessel on an international voyage from the requirements of this subchapter if the vessel:
(1) Makes a single international voyage in exceptional circumstances; and
(2) Meets safety requirements prescribed for the voyage by the Commandant.
(d) The Commandant or his authorized representative may exempt any vessel from the construction requirements of this subchapter if the vessel does not proceed more than 20 nautical
(a) Vessels inspected and certificated for ocean or unlimited coastwise routes shall be considered suitable for navigation insofar as the provisions of this subchapter are concerned on any inland route, including the Great Lakes.
When major alterations or major repairs of tank vessels become necessary the work shall be done under the direction of the Officer in Charge, Marine Inspection, and shall be in accordance with the regulations in effect for new construction insofar as possible. When minor alterations or minor repairs of tank vessels become necessary such work shall be under the direction of the Officer in Charge, Marine Inspection, and shall be in accordance with the regulations in effect at the time the vessel was contracted for or built, or in accordance with the regulations in effect for new construction insofar as possible.
The regulations in this subchapter are not retroactive in effect unless specifically made so at the time the regulations are issued. Changes in specification requirements of articles of equipment, or materials used in construction of tank vessels, shall not apply to such items which have been passed as satisfactory until replacement shall become necessary, unless a specific finding is made that such equipment or material used is unsafe or hazardous and has to be removed from tank vessels.
Certain terms used in the regulations in this subchapter are defined in this subpart.
The term
The term
The term
The term
The term
The term
The term
The term
(a) Internal combustion machinery used for main propulsion;
(b) Internal combustion machinery used for purposes other than main propulsion where the total aggregate power is at least 500 brake horsepower;
(c) Internal combustion machinery that uses a fuel that has a flash point of less than 43.3°C (110°F); or
(d) One or more oil fired boilers or oil fuel units.
The term
The term
Under this designation shall be included all tank vessels normally navigating the waters of any ocean or the Gulf of Mexico 20 nautical miles or less offshore.
The term
The term
The term
(a)
(b)
The term
The term
The term
The term
The words
The term
(a)
(b)
(c)
The term
The term
The term
The term
The term
Under this designation shall be included all tank vessels navigating the Great Lakes.
The term
The term
The term
The term
Under this designation shall be included all tank vessels navigating the waters of any of the lakes, bays, or sounds other than the waters of the Great Lakes.
The term
The terms
Under this designation shall be included all tank vessels normally navigating the waters of any ocean or the Gulf of Mexico more than 20 nautical miles offshore.
The term
The term
The term
The term
(a)
(b)
The term
The term
The term
Under this designation shall be included all tank vessels whose navigation is restricted to rivers and/or to canals, exclusively.
Service spaces are spaces that are used for galleys, pantries containing cooking appliances, lockers, storerooms, paint and lamp rooms and similar spaces that contain highly combustible materials, laundries, garbage and trash disposal and stowage rooms, workshops other than those forming part of the machinery spaces, and similar spaces and trunks to such spaces.
The term
The term
The term
The term
(a) Is a vessel of the United States;
(b) Operates on the navigable waters of the United States; or
(c) Transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States.
The following ratings are established in part 13 of this chapter. The terms for the ratings identify persons holding valid merchant mariners' documents for service in the ratings issued under that part:
(a) Tankerman-PIC.
(b) Tankerman-PIC (Barge).
(c) Restricted Tankerman-PIC.
(d) Restricted Tankerman-PIC (Barge).
(e) Tankerman-Assistant.
(f) Tankerman-Engineer.
(a) Where in this subchapter it is provided that a particular fitting, material, appliance, apparatus, or equipment, or type thereof, shall be fitted or carried in a vessel, or that any particular provision shall be made or arrangement shall be adopted, the Commandant may accept in substitution therefor any other fitting, material, apparatus, or equipment, or type thereof, or any other arrangement:
(b) In any case where it is shown to the satisfaction of the Commandant that the use of any particular equipment, apparatus, or arrangement not specifically required by law is unreasonable or impracticable, the Commandant may permit the use of alternate equipment, apparatus, or arrangement to such an extent and upon such conditions as will insure, to his satisfaction, a degree of safety consistent with the minimum standards set forth in this subchapter.
The cargoes listed in Table 30.25-1 are flammable or combustible and when transported in bulk must be in vessels certificated under the rules of this subchapter. A mixture or blend of two or more cargoes appearing in Table 30.25-1 may be transported under the provisions of this subchapter. A category A, B, or C noxious liquid substance (NLS) cargo, as defined in § 153.2 of this chapter, that is listed in Table 30.25-1 and any mixture containing one or more category A, B, or C NLS cargoes listed in Table 30.25-1 may be carried in bulk under this subchapter if the vessel is not regulated under part 153 of this chapter. If the vessel is regulated under § 153.1 of this chapter, category A, B, and C NLS cargoes must be carried under part 153, or, as an alternative in the case of category C oil-like NLS, under 33 CFR part 151. Requirements for category D NLS cargoes and mixtures of non-NLS cargoes with category D NLS cargoes are in 33 CFR part 151.
The provisions contained in 46 CFR part 197, subpart C, apply to liquid cargoes containing 0.5% or more benzene by volume.
(a) This subpart contains procedures for evaluating vessel personnel licensing and certification programs of foreign countries. Evaluations are done for countries which license or certificate personnel serving on tank vessels that enter or operate in U.S. navigable waters and ports.
(b) The purpose of each evaluation is to determine whether a foreign licensing and certification program has standards that are comparable to or more stringent than U.S. standards.
(c) A determination that licensing and certification standards of a foreign country are not comparable to or more stringent than U.S. standards will subject tank vessels manned with officers licensed by that country to the prohibition in 33 U.S.C. 1228(a)(5) on operation with those officers in U.S. navigable waters and ports.
The materials to be submitted for evaluation must include the English text of the following:
(a) All laws, decrees, orders, and regulations relating to manning, training, qualification, and watchkeeping of personnel on tank vessels engaged in foreign trade.
(b) A copy of each type of license and certificate issued by the country to tank vessel personnel.
(a) The evaluation materials listed in § 30.30-3 should be sent to Commandant (G-MOC), U.S. Coast Guard Headquarters, 2100 Second Street, SW., Washington, DC 20593. The materials should include the name and address of the person to whom correspondence concerning the evaluation can be sent.
(b) Updated materials may be submitted at any time during the evaluation process.
Evaluation materials submitted in accordance with this subpart will be available for inspection and copying between 7:30 a.m. and 4:30 p.m., Monday through Thursday, except holidays, at Coast Guard Headquarters, room 1104,
Materials submitted in accordance with this subpart will be evaluated by comparison to the regulations in parts 5, 10, and 13 of this chapter, and by comparison to the U.S. laws referenced in those regulations.
(a) After evaluation of materials submitted in accordance with this subpart, a determination will be made as to whether the licensing and certification program described by the materials has standards that are comparable to or more stringent than standards set by the regulations and laws referenced in § 30.30-9.
(b) Notice of each determination made in accordance with this section and a brief explanation of reasons therefor will be published in the
(c) Each determination remains in effect for 5 years unless sooner cancelled.
(d) Any request to reconsider a determination must be submitted to the address listed in § 30.30-5 and must include a statement of reasons in support. The person submitting the request will be notified in writing of the action taken.
33 U.S.C. 1321(j); 43 U.S.C. 2103, 3205, 3306, 3307, 3703; 46 U.S.C. Chapter 701; 49 U.S.C. 5103, 5106; Executive Order 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Executive Order 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security Delegation No. 0170.1; Section 31.10-021 also issued under the authority § 4109, Public Law 101-380, 104 Stat. 515.
(a) Every tank vessel subject to the regulations in this subchapter shall be inspected every 5 years or more often, if necessary, by the Coast Guard to see that the hull, boilers, machinery, equipment, apparatus for storage, and appliances of the vessel comply with marine inspection laws, and the regulations in this subchapter, and when applicable, subchapters E, F, J, O, Q, S, and W of this chapter and 33 CFR parts 155 and 157.
(b) Tank vessels which are laid up, dismantled, and out of commission are exempt from inspections required by law or regulations in this subchapter, provided that such vessels are cleaned of all cargo residue and maintained in a gas free condition.
(c) For inspection and tests of tanks containing certain dangerous cargoes in bulk, see part 98 and subchapter O of this chapter.
(a) In place of compliance with other applicable provisions of this subchapter, the owner or operator of a vessel subject to plan review and inspection under this subchapter for initial issuance or renewal of a Certificate of Inspection may comply with the Alternate Compliance Program provisions of part 8 of this chapter.
(b) For the purposes of this section, a list of authorized classification societies, including information for ordering copies of approved classification society rules and supplements, is available from Commandant (G-MSE), 2100 Second St., SW., Washington, DC 20593-0001; telephone (202) 267-6925; or fax (202) 267-4816. Approved classification society rules and supplements are incorporated by reference into 46 CFR 8.110(b).
The initial inspection, which may consist of a series of inspections during
Inspectors may at any time lawfully inspect any tank vessel.
(a) You must submit a written application for an inspection for certification to the cognizant OCMI. To renew a Certificate of Inspection, you must submit an application at least 30 days before the expiration of the tank vessel's current Certificate of Inspection. When renewing a Certificate of Inspection, you must schedule an inspection for certification within the 3 months before the expiration date of the current Certificate of Inspection.
(b) The application should be on Form CG-3752, Application for Inspection of U.S. Vessel, which requires information on name and type of vessel, nature of employment and route in which to be operated, grade or type of cargo to be carried, place where and date when the vessel may be inspected, and that no other application has been made to any Officer in Charge, Marine Inspection, since the issuance of the last valid certificate of inspection.
Prior to the commencement of the construction of any new tank vessel, or prior to the commencement of the conversion of any vessel to a tank vessel, application for the approval of contract plans and specifications and for a certificate of inspection shall be made in writing to the Coast Guard and no such construction or conversion shall be proceeded with until such approval is granted. (See § 31.10-1.)
(a) When a tank vessel is found to comply with all applicable regulations, including the applicable provisions of subchapters E, F, J, O, Q, S, and W of this chapter and of 33 CFR parts 104, 155, and 157, the Officer in Charge, Marine Inspection will issue a certificate of inspection to the vessel or to its owners.
(b) Certificates of inspection for tank vessels shall be similar in form to certificates issued to other cargo vessels, and in addition to the manning requirements and waters over which they may be operated, they shall be appropriately endorsed
(c) The certificate of inspection shall be delivered to the master or owner of the tank vessel to which it relates.
The certificate of inspection shall be framed under glass and posted in a conspicuous part of the vessel, except that where it is not practicable to so expose the certificate of inspection it shall be carried in the vessel in such manner as authorized by the Officer in Charge, Marine Inspection.
(a) A Certificate of Inspection is valid for 5 years.
(b) Application may be made by the master, owner, or agent for inspection and issuance of a new certificate of inspection at any time during the period of validity of the current certificate.
(c) Certificates of inspection may be revoked or suspended by the Coast Guard where such process is authorized by law. This may occur if the vessel does not meet the requirements of law or regulations in this chapter or if there is a failure to maintain the safety requirements requisite to the issuance of a certificate of inspection.
The terms, endorsements and conditions set forth on a certificate of inspection shall have the same force and effect as the regulations contained in this subchapter.
(a) In the inspection of hulls, boilers, and machinery, the current standards established by the American Bureau of Shipping and designated
(b) The current standards established by the American Bureau of Shipping in effect at the time of construction of the vessel, or otherwise as applicable, shall be used. The book
(c) The approved plans and certificate of the American Bureau of Shipping, or other recognized classification society for classed vessels, may be accepted by the Coast Guard as evidence of the structural efficiency of the hull and reliability of machinery of vessels subject to the regulations in this subchapter, except as otherwise provided for by laws and regulations in this chapter.
(a)
(1) The plans and specifications shall include the arrangement of the cargo gear. Plans and specifications for cargo gear shall be approved by either a recognized classification society or the International Cargo Gear Bureau, Inc., whose home office is located at 90 West Street, Suite 1612, New York, NY 10006, prior to submission to the Officer in Charge, Marine Inspection.
(2) For vessels of 100 meters (328 feet) or more in length contracted for on or after September 7, 1990, a plan must be included which shows how visibility from the navigation bridge will meet the standards contained in § 32.16-1 of this subchapter.
(b)
(c)
The procedure for the inspection of vessels converted to tank vessels shall conform to the inspection for new tank vessels as called for in § 31.10-5(b), and such vessels shall comply with the requirements of inspections for converted vessels as set forth in the regulations in this subchapter.
(a) After receiving an application for inspection, the OCMI will inspect a tank vessel in his or her jurisdiction once every 5 years. The OCMI will ensure that every tank vessel is of a structure suitable for the carriage of flammable and/or combustible liquids in bulk and for the proper grade or grades of cargo the vessel carries while in service. If the OCMI deems it necessary, he or she may direct the vessel to be put in motion, and may adopt any other suitable means to test the tank vessel and its equipment.
(b) The inspection for certification shall include an inspection of the structure, boilers, and other pressure vessels, machinery and equipment. The inspection shall be such as to insure that the vessel, as regards the structure, boilers, and other pressure vessels and their appurtenances, piping, main and auxiliary machinery, electrical installations, life-saving appliances, fire-detecting and extinguishing equipment, pilot boarding equipment, and other equipment is in satisfactory condition and fit for the service for which it is intended, and that it complies with the applicable regulations for such vessels, and determine that the vessel is in possession of a valid certificate issued by the Federal Communications Commission, if required. The lights, means of making sound signals, and distress signals carried by the vessel shall also be subject to the above-mentioned inspection for the purpose of ensuring that they comply with the requirements of the applicable statutes and regulations.
(c) If the vessel passes the inspection for certification, the OCMI will issue a new Certificate of Inspection.
(a) The owner, operator or master shall provide the Officer in Charge, Marine Inspection with all current valid certificates and registers of cargo gear issued by competent persons or a recognized organization or nonprofit association approved by the Commandant to certify the suitability of the cargo gear.
(b) Every acceptable cargo gear certificate and/or register shall be properly executed by a person authorized to do so and shall:
(1) Certify as to the tests and examinations conducted;
(2) Show the dates on which the tests and examinations were conducted; and
(3) Indicate that the cargo gear described in the certificate or register complies with the standards of the organization or association authorized to issue the certificate or register.
(c) Competent persons for the purposes of this section are defined as—
(1) Surveyors of a classification society recognized by the Commandant under 46 U.S.C. 3316,
(2) Surveyors of a recognized cargo gear organization; or
(3) Responsible officials or employees of the testing laboratories, companies, or organizations who conduct tests of pieces of loose cargo gear, wire rope, or the annealing of gear as may be required by the standards of the organization or association authorized to issue the certificate or register.
(d) The registers issued in connection with cargo gear certification must have all required entries fully completed as of the dates indicated, shall be kept current, and shall include the following:
(1) A register of the cargo handling machinery and the gear accessory thereto carried on the vessel named therein;
(2) Certification of the testing and examination of winches, derricks, and their accessory gear;
(3) Certification of the testing and examination of cranes, hoists, and their accessory gear;
(4) Certification of the testing and examination of chains, rings, hooks, shackles, swivels, and blocks;
(5) Certification of the testing and examination of wire rope;
(6) Certification of the heat treatment of chains, rings, hooks, shackles, and swivels which require such treatment; and,
(7) Certification of the annual thorough examinations of gear not required to be periodically heat treated.
(e) The authorization for an organization to perform the required inspection is granted by the Commandant (G-MOC), and will continue until superseded, canceled, or modified. The following organization is currently recognized, by the Commandant (G-MOC), as having the technical competence to handle the required inspection:
(a)
(1) You must contact the cognizant OCMI to schedule an inspection at a time and place which he or she approves. No written application is required.
(2) The scope of the annual inspection is the same as the inspection for certification but in less detail unless the cognizant marine inspector finds deficiencies or determines that a major change has occurred since the last inspection. If deficiencies are found or a major change to the vessel has occurred, the marine inspector will conduct an inspection more detailed in scope to ensure that the vessel is in
(3) If the annual inspection reveals deficiencies in your vessel's maintenance, you must make any or all repairs or improvements within the time period specified by the OCMI.
(4) Nothing in this subpart limits the marine inspector from conducting such tests or inspections he or she deems necessary to be assured of the vessel's seaworthiness.
(b)
(1) You must contact the cognizant OCMI to schedule an inspection at a time and place which he or she approves. No written application is required.
(2) The scope of the periodic inspection is the same as that for the inspection for certification, as specified in § 31.10-15(b). The OCMI will ensure that the vessel is in satisfactory condition and fit for the service for which it is intended. If your vessel passes the periodic inspection, the marine inspector will endorse your vessel's current Certificate of Inspection.
(3) If the periodic inspection reveals deficiencies in your vessel's maintenance, you must make any or all repairs or improvements within the time period specified by the OCMI.
(4) Nothing in this subpart limits the marine inspector from conducting such tests or inspections he or she deems necessary to be assured of the vessel's seaworthiness.
To maintain a valid Certificate of Inspection, you must complete your annual and periodic inspections within the periods specified in § 31.10-17 (a) and (b) and your Certificate of Inspection must be endorsed.
(a) It shall be the duty of the owner, master, or person in charge of a tank vessel to require and have performed at least once in every 12 months, the tests and inspections of all hand portable fire extinguishers, semiportable fire extinguishing systems, and fixed fire extinguishing systems on board, as described in paragraphs (b), (c), and (d) of this section. The owner, master, or person in charge shall keep records of such tests and inspections showing the dates when performed, the number and/or other identification of each unit tested and inspected, and the name(s) of the person(s) and/or company conducting the tests and inspections. Such records shall be made available to the marine inspector upon request and shall be kept for the period of validity of the vessel's current certificate of inspection. Where practicable, these records should be kept in or with the vessel's logbook. The conduct of these tests and inspections does not relieve the owner, master, or person in charge of his responsibility to maintain this firefighting equipment in proper condition at all times.
(b) The following tests and inspections of portable fire extinguishing equipment shall be made:
(c) The following tests and inspections of fixed fire extinguishing equipment shall be made:
(d) Deck foam systems shall be tested at the inspection for certification and the periodic inspection by discharging foam for approximately 15 seconds from any nozzle designated by the marine inspector. It shall not be required to deliver foam from all foam outlets, but all lines and nozzles shall be tested with water to prove them to be clear of obstruction. Before the inspection for certification and periodic inspection of deck foam systems utilizing a mechanical foam system, a representative sample of the foam liquid shall be submitted to the manufacturer who will issue a certificate indicating gravity, pH, percentage of water dilution and solid content.
(e) At each inspection for certification, periodic inspection, and at such other times as considered necessary, the inspector shall determine that all fire extinguishing equipment is in suitable condition and that the tests and inspections required by paragraphs (b) through (i) of this section have been conducted. In addition, the marine inspector may require such tests as are considered necessary to determine the condition of the equipment.
(f) On all fire extinguishing systems, all the piping, controls, valves, and alarms shall be checked by the marine inspector to ascertain that the system is in good operating condition.
(g) The fire main system shall be operated and the pressure checked at the most remote and highest outlets by the marine inspector. All fire hose shall be subjected to a test pressure equivalent to the maximum pressure to which they may be subjected in service, but not less than 100 p.s.i. The marine inspector shall check that the hose couplings are securely fastened in accordance with the regulations of this subchapter.
(h) At each inspection for certification, periodic inspection, and at such other times as considered necessary, all carbon dioxide cylinders for fixed, semiportable, and portable systems shall be examined and replaced if any corrosion is found. They shall also be checked by weighing to determine their contents, and if found to be more than 10 percent under the required contents of carbon dioxide, they shall be recharged.
(i) Steam smothering lines shall be tested with at least 50 pounds per square inch of air pressure or by blowing steam through the lines at the working pressure and a survey made for detecting corrosion and defects
(a) Once during each 12 month period after the month an original Certificate of Inspection is issued for a liquefied gas vessel under § 31.05-1, the master shall ensure that the firefighting systems required in part 154 of this chapter for a liquefied gas vessel meets the following:
(1) The exterior water spray system must past a water spray test.
(2) The dry chemical system must meet the manufacturer's specifications for—
(i) The amount of dry chemical powder; and
(ii) The pressure for nitrogen bottles.
(3) The piping, valves, and controls of the system must be operable.
(b) On the same date that the requirements under paragraph (a) of this section are met, the master shall record in the vessel's official logbook the following information:
(1) The date of the inspection.
(2) The identification of each device inspected.
(3) The name of the inspector.
(a) During the inspection of fire-fighting equipment, the Officer in Charge, Marine Inspection, may require fire apparatus to be tested, and used, except as provided under §§ 31.10-18(h) and 34.15-90(a) of this subchapter.
(b) [Reserved]
As used in this part—
(a)
(b)
(c)
(d)
(a) Except as provided in paragraphs (b) through (g) of this section, each tank vessel must undergo drydock, internal structural, and cargo tank internal examinations as follows:
(1) Except under paragraph (a)(2) of this section, vessels that operate in salt water must be inspected in accordance with the intervals set forth in table 31.10-21(a). Where table 31.10-21(a) indicates a 2.5 year examination interval, it means a vessel must undergo two examinations within any five year period. No more than three years may elapse between any two examinations.
(2) Vessels that operate in fresh water at least six months in every 12 month period since the last drydock examination must be examined in accordance with the intervals set forth in table 31.10-21(b). Where table 31.10-21(b) indicates a 2.5 year examination interval, it means a vessel must undergo
(b) During each inspection or reinspection for certification, all wing voids, rakes, cofferdams, and other void spaces on tank barges must be opened and checked from on-deck for the presence of water or cargo indicating hull damage or cargo tank leakage. If water or cargo is not present, these spaces need not be gas freed, ventilated, cleaned, or otherwise prepared for personnel entry. If water or cargo is present, an internal structural examination may be required.
(c) If, during an internal structural examination, cargo tank internal examination, or underwater survey, damage or deterioration to the hull plating, structural members, or cargo tanks is discovered, the Officer in Charge, Marine Inspection, may require the vessel to be drydocked or otherwise taken out of service to further assess the extent of the damage and to effect permanent repairs.
(d) Vessels less than 15 years of age (except wooden hull vessels) that are in salt water service with a 2.5 year drydock interval (as indicated in table 31.10-21(a) of this section) or that are in fresh water service with a five year drydock interval (as indicated in table 31.10-21(b) of this section) may be considered for an underwater survey instead of alternate drydock examinations, provided the vessel is fitted with an effective hull protection system. Vessel owners or operators must apply to the Officer in Charge, Marine Inspection, for approval of underwater surveys instead of alternate drydock examinations for each vessel. The application must include the following information:
(1) The procedure to be followed in carrying out the underwater survey.
(2) The location where the underwater survey will be accomplished.
(3) The method to be used to accurately determine the diver location relative to the hull.
(4) The means that will be provided for examining through-hull fittings.
(5) The means that will be provided for taking shaft bearing clearances.
(6) The condition of the vessel, including the anticipated draft of the vessel at the time of the survey.
(7) A description of the hull protection system.
(e) Vessels otherwise qualifying under paragraph (d) of this section, that are 15 years of age or older may be considered for continued participation in or entry into the underwater survey program on a case-by-case basis, if—
(1) Before the vessel's next scheduled drydocking, the owner or operator submits a request for participation or continued participation to Commandant (G-MOC);
(2) During the vessel's next drydocking after the request is submitted, no appreciable hull deterioration is indicated as a result of a complete set of hull gaugings; and
(3) The results of the hull gauging and the results of the Coast Guard drydock examination together with the recommendation of the Officer in Charge, Marine Inspection, are submitted to Commandant (G-MOC) for final approval.
(f) Each vessel which has not met with the applicable examination schedules in paragraphs (a) through (e) of this section because it is on a voyage, must undergo the required examinations upon completion of the voyage.
(g) The Commandant (G-MOC) may authorize extensions to the examination intervals specified in paragraph (a) of this section.
(a) As used in this section, the term “midbody” means the 40-percent midship length (0.40L) of the tank vessel. The age of the midbody is determined from its year of original construction.
(b) Midbodies of all tank vessels certificated to carry a pollution category I oil cargo listed in 46 CFR Table 30.25-1 must undergo an initial gauging survey and periodic regauging surveys as follows:
(1) An initial midbody gauging survey must be accomplished no later than the next drydocking inspection after the midbody becomes 30 years old.
(2) Regaugings:
(i) Midbodies of double hull tank vessels, or single hull tank vessels with independent tanks, that operated in fresh water at least 6 months in every 12-month period since the last drydock examination must be regauged at intervals not exceeding 10 years;
(ii) Midbodies of all other tank vessels must be regauged at intervals not exceeding 5 years.
(c) The midbody gauging survey must be comprised of at least three transverse (girth) belts of deck, bottom, side, inner hull, trunk, and longitudinal bulkhead plating and attached longitudinal members. The number and specific locations of the gauging points shall be to the satisfaction of the Officer in Charge of Marine Inspection (OCMI).
(d) Except as provided in paragraph (f) of this section, within 60 days of the vessel's required compliance date the owner or operator shall submit the following to the OCMI that issued the vessel's current Certificate of Inspection:
(1) The gauging survey results.
(2) An engineering analysis signed by a registered Professional Engineer licensed by any state of the United States or the District of Columbia, or signed by a Coast Guard-approved organization, that—
(i) Certifies the vessel's compliance with the minimum section modulus and plating thickness requirements of subpart 32.59 of this chapter; or
(ii) Proposes structural repairs and/or modifications that will bring the vessel up to the required strength standards.
(e) The vessel owner or operator shall keep a permanent copy of the Coast Guard-approved gauging report available for inspection by the OCMI.
(f) Instead of the submittals required by paragraphs (c) and (d) of this section, current classification with the American Bureau of Shipping or another recognized classification society, or a load line certificate issued in accordance with the International Convention on Load Lines or the International Voyage Load Line Act, may be submitted as evidence of compliance with the requirements of this section.
(a) The master, owner, operator, or agent of the vessel shall notify the Officer in Charge, Marine Inspection, whenever the vessel is to be drydocked regardless of the reason for drydocking.
(b) Each vessel, except barges, that holds a Load Line Certificate must have on board a plan showing the vessel's scantlings. This plan must be made available to the Coast Guard marine inspector whenever the vessel undergoes a drydock examination, internal structural examination, cargo tank internal examination, or underwater survey or whenever repairs are made to the vessel's hull.
(c) Each barge that holds a Load Line Certificate must have a plan showing the vessel's scantlings. The plan need not be maintained on board the barge but must be made available to the Coast Guard marine inspector whenever the barge undergoes a drydock examination, internal structural examination, cargo tank internal examination or underwater survey or whenever repairs are made to the barge's hull.
(a) Each fuel oil tank with at least one side integral to the vessel's hull and located within the hull (
(b) Integral non-double-bottom fuel oil tanks need not be cleaned out and internally examined if the marine inspector is able to determine by external examination that the general condition of the tanks is satisfactory.
(c) Double-bottom fuel oil tanks on vessels less than 10 years of age need not be cleaned out and internally examined if the marine inspector is able to determine by external examination
(d) All double-bottom fuel oil tanks on vessels 10 years of age or older but less than 15 years of age need not be cleaned out and internally examined if the marine inspector is able to determine by internal examination of at least one forward double-bottom fuel oil tank, and by external examination of all other double-bottom fuel oil tanks on the vessel, that the general condition of the tanks is satisfactory.
(e) All double-bottom fuel oil tanks on vessels 15 years of age or older but less than 25 years of age need not be cleaned out and internally examined if the marine inspector is able to determine by internal examination of at least one forward, one amidships, and one aft double-bottom fuel oil tank, and by external examination of all other double-bottom fuel oil tanks on the vessel, that the general condition of the tanks is satisfactory.
(f) All double-bottom fuel oil tanks on vessels 25 years of age or older need not be cleaned out and internally examined if the marine inspector is able to determine by internal examination of at least one double-bottom fuel oil tank in way of each cargo tank, and by external examination of all other double-bottom fuel oil tanks, that the general condition of the tanks is satisfactory.
No extensive alterations involving the safety of a tank vessel either in regard to hull or machinery shall be made without the approval of the Commandant. Before such alterations are carried out, copies of plans and specifications in triplicate for the work involved shall be forwarded to the Officer in Charge, Marine Inspection, in whose zone the repairs will be made, for submission to Headquarters for approval. If approved one set of the plans and specifications, properly stamped and dated, shall be returned to the owner or to the repair yard designated by the owner; one set to the Officer in Charge, Marine Inspection, who forwarded the plans and specifications to Headquarters; and one set shall be retained at Headquarters. If such plans and specifications are not approved, the Commandant shall promptly notify the owner or designated shipyard wherein they fail to comply with the regulations in this chapter. No extensive repairs to the hull or machinery which affect the safety of a vessel shall be made without the knowledge of the Officer in Charge, Marine Inspection.
Each tank vessel must meet the applicable requirements in subchapter S of this chapter.
(a) This section applies to each tankship and tank barge the construction of which begins on or after September 6, 1977.
(b) Each tank vessel over 300 feet in length must have the loading information prescribed in either § 42.15-1(a) or § 45.105(a) of this chapter. For tank vessels subject to the Load Line Acts the information must be approved by the Commandant or by a recognized classification society that is approved by the Commandant. For tank vessels not subject to the Load Line Acts loading information must be approved by the Commandant. If the vessel is a tankship, the approved information must be provided to the master of the vessel. If the vessel is a tank barge, the information must be provided to the person in charge of handling the cargo during loading or off-loading of the barge.
(a) The Officer in Charge, Marine Inspection, may issue a permit to proceed to another port for repair, Form CG-948, to a vessel if in his judgment it can be done with safety even if the certificate of inspection of the vessel has expired or is about to expire.
(b) Such permit will only be issued upon the written application of the master, owner or agent of the vessel.
(c) The permit will state upon its face the conditions under which it is issued and whether or not the vessel is permitted to carry freight or passengers. Passengers may not be carried if the certificate of inspection has expired.
(d) The permit shall be carried in a manner similar to that described in § 31.05-5 for a certificate of inspection.
On the trial trip of each new or converted tankship, an inspector shall be present to observe from the standpoint of safety in the carriage of flammable and/or combustible liquids in bulk, the operation of boilers, engines, steering gear, and auxiliaries; and if not satisfied with the performance of such boilers and machinery, appliances, and apparatus for stowage, he shall make such requirements as in his judgment will overcome any deficiencies which may have come under his observation.
Crew's quarters shall be inspected to determine their sanitary condition. The Officer in Charge, Marine Inspection, upon completing such inspection, shall notify the master or officer in charge of the vessel of his findings, which shall be entered in the vessel's log book.
(a) When inspecting oil-burning vessels, either internal-combustion type or steam-driven type, the marine inspector shall examine the tank tops and bilges in the fireroom and engineroom to see that there is no accumulation of oil which might create a fire hazard.
The Officer in Charge, Marine Inspection (OCMI), that inspects the vessel enters on the Certificate of Inspection (COI) for each tank vessel the complement of officers and crew that are required by statute and regulation and that in the judgment of the OCMI are necessary for its safe operation. The OCMI may change the complement from time to time by endorsement to the COI for changes in conditions of employment.
Tank barges subject to the provisions of this subchapter need not be manned unless, in the judgment of the Officer in Charge, Marine Inspection, such manning is necessary for the protection of life and property and for the safe operation of the vessel.
(a) Towing vessels engaged in towing tank barges on the Great Lakes, inland waters, or rivers, may be authorized by the Coast Guard District Commander of the district to carry on board such number of persons in addition to its crew as shall be deemed necessary to carry on the legitimate business of such towing vessel or barge, not exceeding, however, one person to every net ton of the towing vessel.
(b) A Coast Guard District Commander granting a license to a vessel engaged in towing to carry persons in addition to its crew shall notify the Officer in Charge, Marine Inspection, in whose jurisdiction the vessel receiving the permit is engaged, and the Officer in Charge, Marine Inspection, shall keep a record of the same.
The certificate of inspection shall show the waters over which the tank vessel is permitted to operate, such as: all waters; oceans; coastwise; Great Lakes; bays, sounds, and lakes other than the Great Lakes; rivers; or inland waters tributary to the Gulf of Mexico.
All tank vessels of 150 gross tons or over, or 79 feet in length or greater, navigating the oceans, coastwise waters, and Great Lakes are subject to the regulations in parts 42 to 45, inclusive, subchapter E (Load Lines), of this chapter, as applicable.
(a) All tank vessels are subject to the regulations contained in parts 50 to 63, inclusive, of subchapter F (Marine Engineering) of this chapter, whenever applicable, except as such regulations are modified by the regulations in this subchapter for tank vessels.
All tank vessels are subject to the regulations contained in subchapter J (Electrical Engineering) of this chapter except as such regulations are modified by the regulations in this subchapter for tank vessels.
All tank vessels are subject to the regulations contained in subchapter J (Electrical Engineering) of this chapter except as such regulations are modified by the regulations in this subchapter for tank vessels.
All lifesaving appliances and arrangements on tank vessels must be in accordance with subchapter W (Lifesaving Appliances and Arrangements) of this chapter.
The provisions of this subpart shall apply to all tankships on an international voyage. (See § 30.01-6 of this chapter.)
(a) All tankships on an international voyage are required to have a Cargo Ship Safety Construction Certificate. This certificate shall be issued by the U.S. Coast Guard or the American Bureau of Shipping to certain vessels on behalf of the United States of America as provided in Regulation 12, Chapter I, of the International Convention for Safety of Life at Sea, 1974.
(b) All such tankships shall meet the applicable requirements of this chapter for tankships on an international voyage.
(a) All tankships on an international voyage are required to have a Cargo Ship Safety Equipment Certificate.
(b) All such tankships shall meet the applicable requirements of this chapter for tankships on an international voyage.
Every tankship equipped with a radio installation on an international voyage must have a Cargo Ship Safety Radio Certificate. Each radio installation must meet the requirements of the Federal Communication Commission and the International Convention for Safety of Life at Sea.
(a) A tankship may be exempted by the Commandant from complying with certain requirements of the Convention under his administration upon request made in writing to him and transmitted via the Officer in Charge, Marine Inspection.
(b) When an exemption is granted to a tankship by the Commandant under and in accordance with the Convention, an Exemption Certificate describing such exemption shall be issued through the appropriate Officer in Charge, Marine Inspection, in addition to other required certificates.
All tankships to which 33 CFR part 96 applies on an international voyage must have a valid Safety Management Certificate and a copy of their company's valid Document of Compliance certificate on board.
The Convention certificates shall be on board the vessel and readily available for examination at all times.
(a) The following certificates are valid for a period of not more than 60 months.
(1) A Cargo Ship Safety Construction Certificate.
(2) A Cargo Ship Safety Equipment Certificate.
(3) A Safety Management Certificate.
(4) A Cargo Ship Safety Radio Certificate.
(b) An Exemption certificate must not be valid for longer than the period of the certificate to which it refers.
(c) A Convention certificate may be withdrawn, revoked, or suspended at any time when it is determined that the vessel is no longer in compliance with applicable requirements. (See § 2.01-70 of this chapter for procedures governing appeals.)
(a) The American Bureau of Shipping, with its home office at ABS Plaza, 16855 Northchase Drive, Houston, TX 77060, is hereby designated as an organization duly authorized to issue the
(b) At the option of the owner or agent of a tankship on an international voyage and on direct application to the American Bureau of Shipping, the Bureau may issue to such tankship a Cargo Ship Safety Construction Certificate, having a period of validity of not more than 60 months after ascertaining that the tankship:
(1) Has met the applicable requirements of the Convention; and,
(2) Is currently classed by the Bureau and classification requirements have been dealt with to the satisfaction of the Bureau.
(c) When the Bureau determines that a tankship to which it has issued a Cargo Ship Safety Construction Certificate no longer complies with the Bureau's applicable requirements for classification, the Bureau shall immediately furnish to the Coast Guard all relevant information, which will be
46 U.S.C. 2103, 3306, 3703, 3719; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46; Subpart 32.59 also issued under the authority of Sec. 4109, Pub. L. 101-380, 104 Stat. 515.
(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a). To enforce any edition other than that specified in paragraph (b) of this section, the Coast Guard must publish notice of change in the
(b) The material approved for incorporation by reference in this part and the sections affected are:
On all tankships where the plans and arrangements will possibly permit, all passageways leading to living quarters, or places where anyone may be regularly employed, shall be provided with not less than two avenues of escape so located that if one of such avenues is not available another may be. The locality and arrangement of such additional means of escape shall be determined by the inspectors as will in their judgment best carry out the purpose for which this provision was made.
On all tank vessels where the distance between deckhouses is more than 46 meters (150 feet), a fixed means of facilitating communication between both ends of the vessel, such as a raised fore and aft bridge or side tunnels, must be provided. Previously approved arrangements may be retained so long as they are maintained in satisfactory condition to the satisfaction of the Officer in Charge, Marine Inspection.
(a) All tank vessels, except unmanned tank barges, contracted for on or after July 1, 1969, shall have efficient guard rails or bulwarks on decks and bridges. The height of rails or bulwarks shall be at least 39
(b) Where it can be shown to the satisfaction of the Commandant that a vessel is engaged exclusively on voyages of a sheltered nature, the provisions of paragraph (a) of this section may be relaxed.
(c) Tank vessels contracted for prior to July 1, 1969, except unmanned tank barges, assigned a deeper load line under part 42 of subchapter E (Load Lines) of this chapter shall have efficient guard rails or bulwarks as required by paragraph (a) of this section. Otherwise, existing rails and bulwarks previously approved approved will be considered satisfactory so long as they are maintained in good condition. Minor repairs and alterations may be made to the same standards as the original construction.
(d) All tank vessels in ocean and coastwise service, except unmanned tank barges, constructed on or after June 15, 1987, must have suitable storm rails installed in all passageways and at the deckhouse sides on weather decks where persons on board might have normal access. Storm rails must be installed on both sides of passageways which are six feet or more in width. Tank vessels to which this paragraph applies constructed prior to June 15, 1987, may retain previously accepted or approved installations so long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection.
All exposed and dangerous places such as gears and machinery shall be properly protected with covers, guards or rails in order that the danger of accidents may be minimized. On vessels equipped with radio communication, the lead-ins shall be efficiently incased or insulated to insure against accidental shock. Such lead-ins shall be located so as not to interfere with the launching of lifeboats and life rafts.
(a) All vessels must have draft marks plainly and legibly visible upon the stem and upon the sternpost or rudderpost or at any place at the stern of the vessel as may be necessary for easy observance. The bottom of each mark must indicate the draft.
(b) The draft must be taken from the bottom of the keel to the surface of the water at the location of the marks.
(c) In cases where the keel does not extend forward or aft to the location of the draft marks, due to raked stem or cutaway skeg, the datum line from which the drafts shall be taken, shall be obtained by projecting the line of the bottom of the keel forward or aft, as the case may be, to the location of the draft marks.
(d) In cases where a vessel may have a skeg or other appendage extending locally below the line of the keel, the draft at the end of the vessel adjacent to such appendage shall be measured to a line tangent to the lowest part of such appendage and parallel to the line of the bottom of the keel.
(e) Draft marks must be separated so that the projections of the marks onto a vertical plane are of uniform height equal to the vertical spacing between consecutive marks.
(f) Draft marks must be painted in contrasting color to the hull.
(g) In cases where draft marks are obscured due to operational constraints or by protrusions, the vessel must be fitted with a reliable draft indicating system from which the bow and stern drafts can be determined.
The equipment of all tank vessels, such as fire hose, fire axes, lifeboats, life rafts, life preservers, and lifeboats, shall be painted or branded with the name of the vessel upon which they are used.
Every tankship shall have the name marked upon each bow and upon the stern, and the home port shall also be marked upon the stern. The name shall be in a light color on a dark ground, or in a dark color on a light ground, and shall be distinctly visible. The smallest letters used shall be not less than 4 inches in size. In addition, every tankship shall have her name conspicuously displayed in distinct plain letters, of not less than 6 inches in size, on each outer side of the pilothouse.
Every tank barge shall have its name or number carved, punch-marked, or welded on the main beam, inside the cargo hatch, or other suitable permanent part of the vessel's structure for the purpose of identification. The vessel's name or number shall be so displayed at the highest part of the vessel's hull or permanent structure that the name or number can be seen from either side.
(a) [Reserved]
(b) On tankships contracted for on and after November 19, 1955 means shall be provided to operate the whistle
Appendix A in 33 CFR subchapter D contains the International Regulations for Preventing Collisions at Sea, 1972.
All mechanically propelled vessels in ocean or coastwise service of 500 gross tons and over, and all mechanically propelled vessels in of 500 gross tons and over and certificated for service on the River St. Lawrence eastward of the lower exit of the St. Lambert Lock at Montreal, Canada, must be fitted with an efficient electronic deep-sea sounding apparatus.
(a)
(b)
(c)
(d)
(e)
(f)
All tankships of 1,600 gross tons and over in ocean or coastwise service must be fitted with a marine radar system for surface navigation. Facilities for plotting radar readings must be provided on the bridge.
(a) All tankships in ocean or coastwise service must be fitted with a magnetic compass.
(b) All tankships of 1,600 gross tons and over in ocean or coastwise service must be fitted with a gyrocompass in addition to the magnetic compass.
(c) Each tankship must have an illuminated repeater for the gyrocompass required under paragraph (b) that is at the main steering stand unless the gyrocompass is illuminated and is at the main steering stand.
Each tankship which is 100 meters (328 feet) or more in length and contracted for on or after September 7, 1990, must meet the following requirements:
(a) The field of vision from the navigation bridge, whether the vessel is in a laden or unladen condition, must be such that:
(1) From the conning position, the view of the sea surface is not obscured forward of the bow by more than the lesser of two ship lengths or 500 meters (1,640 feet) from dead ahead to 10 degrees on either side of the vessel. Within this arc of visibility any blind sector caused by cargo, cargo gear, or other permanent obstruction must not exceed 5 degrees.
(2) From the conning position, the horizontal field of vision extends over an arc from at least 22.5 degrees abaft the beam on one side of the vessel, through dead ahead, to at least 22.5 degrees abaft the beam on the other side of the vessel. Blind sectors forward of the beam caused by cargo, cargo gear, or other permanent obstruction must not exceed 10 degrees each, nor total more than 20 degrees, including any blind sector within the arc of visibility described in paragraph (a)(1) of this section.
(3) From each bridge wing, the field of vision extends over an arc from at least 45 degrees on the opposite bow, through dead ahead, to at least dead astern.
(4) From the main steering position, the field of vision extends over an arc from dead ahead to at least 60 degrees on either side of the vessel.
(5) From each bridge wing, the respective side of the vessel is visible forward and aft.
(b) Windows fitted on the navigation bridge must be arranged so that:
(1) Framing between windows is kept to a minimum and is not installed immediately in front of any work station.
(2) Front windows are inclined from the vertical plane, top out, at an angle of not less than 10 degrees and not more than 25 degrees;
(3) The height of the lower edge of the front windows is limited to prevent any obstruction of the forward view previously described in this section; and
(4) The height of the upper edge of the front windows allows a forward view of the horizon at the conning position, for a person with a height of eye of 1.8 meters (71 inches), when the vessel is at a forward pitch angle of 20 degrees.
(c) Polarized or tinted windows must not be fitted.
Boilers, pressure vessels, machinery, piping, electrical and other installations, including lifesaving, firefighting and other safety equipment, installed on vessels during the Unlimited National Emergency declared by the President on May 27, 1941, and prior to the termination of title V of the Second War Powers Act, as extended (sec. 501, 56 Stat. 180, 50 U.S.C. 635), which do not fully meet the detailed requirements of the regulations in this chapter, may be continued in service if found to be satisfactory by the Commandant for the purpose intended. In each instance prior to final action by the Commandant, the Officer in Charge, Marine Inspection, shall notify Headquarters of the facts in the case, together with recommendations relative to suitability for retention.
The pressure vacuum relief valve shall be of a type and size approved by the Commandant for the purpose intended. For specifications and procedures re approval, see subpart 162.017 of subchapter Q (Specifications) of this chapter.
Flame arresters must be of a type and size suitable for the purpose intended and meet ASTM F 1273 (incorporated by reference, see § 32.01-1).
On tankships, the construction or conversion of which is started on or after July 1, 1951, a method for determining the level of the liquid in a cargo tank without opening ullage holes, cargo hatches, or Butterworth plates, shall be provided on all tankships certificated for the carriage of Grade A liquids:
A general alarm system must be installed on tankships and manned tank barges which meets the requirements in subchapter J (Electrical Engineering Regulations) of this chapter.
Each tankships must have communication equipment which meets the requirements in subchapter J (Electrical Engineering Regulations) of this chapter.
Each tankship must have an engine order telegraph system which meets the requirements in subchapter J (Electrical Engineering Regulations) of this chapter.
Boilers, main and auxiliary machinery, and piping systems shall conform to the requirements of subchapter F (Marine Engineering) of this chapter, except as otherwise provided for in this subchapter.
Each internal combustion engine located on the weather deck shall be provided with a ventilated metal hood or, where space permits, with a well-ventilated metal housing of sufficient size to allow for proper operation and maintenance.
Tank vessels shall be provided with steering apparatus as required by part 58 of subchapter F (Marine Engineering) of this chapter.
No tank vessel, except an oil pollution clean-up vessel, that carries petroleum products grades A thru D contracted for on or after June 15, 1977 may have an air compressor on an air compressor intake installed in any of the following cargo areas:
(a) A cargo handling room.
(b) An enclosed space containing cargo piping.
(c) A space in which cargo hose is stowed.
(d) A space adjacent to a cargo tank or cargo tank hold.
(e) A space within three meters of any of the following:
(1) A cargo tank opening.
(2) An outlet for cargo gas or vapor.
(3) A cargo pipe flange.
(4) A cargo valve.
(5) An entrance or ventilation opening to a cargo handling room.
(f) Except for tank barges, the cargo deck space. For the purpose of this paragraph,
(g) An enclosed space having an opening into a location described in paragraphs (a)-(f) of this section.
(h) A location similar to those described in paragraphs (a)-(g) of this section in which cargo vapors or gases may be present.
(a) The provisions of this subpart, except § 32.40-60 and § 32.40-65, apply to all tankships of 100 gross tons and over constructed on or after June 15, 1987.
(b) Tankships of less than 100 gross tons and manned tank barges must meet the requirements of § 32.40-60.
(c) Tankships of 100 gross tons and over constructed prior to June 15, 1987, must meet the requirements of § 32.40-65.
The accommodations provided for officers and crew on all vessels must be securely constructed, properly lighted, heated, drained, ventilated, equipped, located, arranged and insulated from undue noise, heat and odors.
(a) Crew quarters must not be located farther forward in the vessel than a vertical plane located at 5 percent of the vessel's length abaft the forward side of the stem at the designed summer load water line. However, for vessels in other than ocean or coastwise service, this distance need not exceed 8.5 meters (28 feet). For the purposes of this paragraph, the vessel's length must be as defined in § 43.15-1 of subchapter E (Load Lines) of this chapter. Unless approved by the Commandant, no section of the deck head of the crew spaces may be below the deepest load line.
(b) There must be no direct communication, except through solid, close fitted doors or hatches between crew spaces and chain lockers, or machinery spaces.
All crew spaces are to be constructed and arranged in a manner suitable to the purpose for which they are intended and so that they can be kept in a clean, workable and sanitary condition.
(a) Where practicable, each licensed officer shall be provided with a separate stateroom.
(b) Sleeping accommodations for the crew must be divided into rooms, no one of which may berth more than 4 persons.
(c) Each room must be of such size that there is at least 2.78 square meters (30 square feet) of deck area and a volume of at least 5.8 cubic meters (210 cubic feet) for each person accommodated. The clear head room must not be less than 190 centimeters (75 inches). In measuring sleeping accommodations any furnishings contained therein for the use of the occupants are not to be deducted from the total volume or from the deck area.
(d) Each person shall have a separate berth and not more than one berth may be placed above another. The berth must be composed of materials not likely to corrode. The overall size of a berth must not be less than 68 centimeters (27 inches) wide by 190 centimeters (75 inches) long, except by special permission of the Commandant. Where two tiers of berths are fitted, the bottom of the lower berth must not be less than 30 centimeters (12 inches) above the deck. The berths must not be obstructed by pipes, ventilating ducts, or other installations.
(e) A locker must be provided for each person accommodated in a room.
(a) At least 1 toilet, 1 washbasin, and 1 shower or bathtub must be provided for each 8 members or portion thereof in the crew who do not occupy sleeping accommodations to which private or semi-private facilities are attached.
(b) The toilet rooms and washrooms must be located convenient to the sleeping quarters of the crew to which they are allotted but must not open directly into such quarters except when they are provided as private or semi-private facilities.
(c) All washbasins, showers, and bathtubs must be equipped with adequate plumbing, including hot and cold running water. All toilets must be installed with adequate plumbing for flushing.
(d) At least 1 washbasin must be fitted in each toilet room, except where private or semi-private facilities are provided and washbasins are installed in the sleeping rooms.
(e) Where more than 1 toilet is located in a space or compartment, each toilet must be separated by partitions.
(a) Messrooms must be located as near to the galley as is practicable except where the messroom is equipped with a steam table.
(b) Each messroom must seat the number of persons expected to eat in the messroom at one time.
(a) Each vessel which in the ordinary course of its trade makes voyages of more than 3 days duration between ports and which carries a crew of 12 or more, must be provided with a hospital space. This space must be situated with due regard to the comfort of the sick so that they may receive proper attention in all weathers.
(b) The hospital must be suitably separated from other spaces and must be used for the care of the sick and for no other purpose.
(c) The hospital must be fitted with berths in the ratio of 1 berth to every 12 members of the crew or portion thereof who are not berthed in single occupancy rooms, but the number of berths need not exceed 6.
(d) The hospital must have a toilet, washbasin, and bathtub or shower conveniently situated. Other necessary suitable equipment such as a clothes locker, a table, and a seat must be provided.
Each vessel must have—
(a) Sufficient facilities where the crew may wash and dry their own
(b) Recreation spaces; and
(c) A space or spaces of adequate size available on an open deck to which the crew has access when off duty.
Each berth must have a light.
(a) All manned spaces must be adequately heated and cooled in a manner suitable to the purpose of the space.
(b) The heating and cooling system for accommodations must be capable of maintaining a temperature of 21 °C (70 °F) under normal operating conditions without curtailing ventilation.
(c) Radiators and other heating apparatus must be so placed and shielded, where necessary, to avoid risk of fire, danger or discomfort to the occupants. Pipes leading to radiators or heating apparatus must be insulated where those pipes create a hazard to persons occupying the space.
Provisions shall be made to protect the crew quarters against the admission of insects.
(a) The crew accommodations on all tankships of less than 100 gross tons and all manned tank barges must have sufficient size and equipment, and be adequately constructed to provide for the protection of the crew in manner practicable for the size, facilities, and service of the tank vessel.
(b) The crew accommodations must be consistent with the principles underlying the requirements for crew accommodations of tankships of 100 gross tons or more.
All tankships of 100 gross tons and over constructed before June 15, 1987, may retain previously accepted or approved installations and arrangements so long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection.
The installation of all electrical engineering or interior communications systems, together with the details of design, construction, and installation, must meet the requirements of subchapter J (Electrical Engineering Regulations) of this chapter.
On all tank vessels, the construction or conversion of which is started on or after November 10, 1936, the cargo pumps shall be designed and installed to minimize the danger of sparking. Special care shall be exercised in the design of packing spaces in order to secure ample depth and accessibility of glands. Where cargo pump shafts pierce gastight bulkheads, stuffing boxes with readily accessible gastight glands shall be provided.
(a) Pumps or other acceptable means shall be used to discharge cargo from gravity type cargo tanks vented at gauge pressures of 4 pounds per square inch or less.
(b) The use of compressed air as the primary means of discharging cargo from such tanks is prohibited.
(a) [Reserved]
(b) A pressure gage shall be installed for each pump discharge, and it shall be located at a point visible with respect to the pump controls.
(a) Cargo pumps on tank vessels, the construction or conversion of which was started prior to November 10, 1936, may be located in a hold space containing independent cargo tanks or on deck. If the pump driving unit is of the type permitted in cargo pump-rooms, it also may be located in the hold space. If other types of driving units are used, they shall be located on deck or in an engine compartment. If the pump drive shaft passes through decks or bulkheads into a hold space or pumproom, it shall be provided with suitable stuffing boxes at such points.
(a) On all tank vessels, the construction or conversion of which is started on or after July 1, 1951, the cargo piping shall be:
(1) A fixed cargo piping system shall be installed on a tank vessel carrying Grade A, B, or C cargo. The piping shall be arranged so as to avoid excessive stresses at the joints. For sizes exceeding 2 inches in diameter, flanged, welded, or other approved types of joints shall be employed. Packing material shall be suitable for the cargo carried. Connections at bulkheads shall be made so that the plating does not form part of a flanged joint. Piping may be carried through bunker spaces and deep tanks provided it is run through a pipe tunnel. The tunnel may be omitted where the pipe is extra heavy, all joints are welded, and bends are installed to provide for expansion and contraction.
(2) Tank vessels carrying only Grades D and E cargo may use a portable piping system in lieu of a fixed piping system meeting the requirements of paragraph (a)(1) of this section, provided:
(i) The hose complies with 33 CFR 154.500 or the portable piping complies with part 56 of this chapter;
(ii) The connections comply with 33 CFR 156.130;
(iii) A shutoff valve is at or near the point of entry into the tank;
(iv) Except for the carriage of animal fats and vegetable oils, the system has a closure which forms a vapor-tight seal on the tank opening through which the cargo is transferred, is bolted or dogged in place, and has the hose and drop line connected to it; and
(v) Except for the carriage of animal fats and vegetable oils, the system has a metallic drop line which complies with 46 CFR 153.282.
(3) Cargo piping shall not pass through spaces containing machinery where sources of vapor ignition are normally present:
(b) Valve operating rods in cargo tanks shall be solid, except that tank barges having plug cocks inside the cargo tanks may have operating rods of extra heavy pipe with the annular space between the lubricant tube and the pipe wall sealed with a nonsoluble material to prevent penetration of the cargo. Valve operating rods shall be of ample size, well guided and supported, and attached to the valve stems in a manner so as to prevent the operating rods from working loose. Where the operating rods pass through a deck, gastight stuffing boxes shall be fitted. The leads of operating rods shall be as direct as possible. Valves shall be of suitable design for the intended service.
(c) All cargo loading and discharge hose connections shall be fitted with valves or blind flanges.
(a) On tank vessels, the construction or conversion of which is started on or after November 10, 1936, and prior to July 1, 1951, the piping shall be arranged so as to avoid excessive stresses at the joints. For sizes exceeding 2 inches in diameter, flanged, welded, or other approved types of joints shall be employed. Packing material shall be suitable for the cargo carried. Connections at bulkheads shall be made so that the plating does not form part of
(b) Cargo piping shall not pass through spaces containing machinery where sources of vapor ignition are normally present:
(c) Valve operating rods in the cargo tanks shall be solid and of ample size, well guided and supported, and attached to the valve stems in a manner to guard against their working loose. Where such valve rods pass through the deck, gas tight stuffing boxes shall be fitted. The leads of valve rods shall be as direct as possible. All valves and fittings shall be of material, design, and manufacture for the intended service on the cargo system; either rising or nonrising stem valves may be used.
On tank vessels, the construction or conversion of which was started prior to November 10, 1936, cargo pumps and piping which do not fully comply with the regulations in this subchapter shall be made as nearly equal to the requirements for tank vessels constructed between November 10, 1936, and July 1, 1951, as is necessary in the interest of safety. Cargo pipe lines may pass through cargo pump engine compartments provided no cargo valves are located therein.
Cargo hose carried on tank vessels must be suitable for oil service and designed to withstand the pressure of the shutoff head of the cargo pump or pump relief valve setting, less static head, but in no case less than 150 pounds per square inch.
For additional requirements concerning cargo hose, see 33 CFR 154.500, 155.800 and 156.170.
(a) Any tank vessel which is equipped with an internal combustion engine driven cargo pump on the weather deck shall be provided with a minimum of one remote manual shutdown station, conspicuously marked, and located at the midpoint of such vessel, or 100 feet from the engine, whichever is the more practical. The remote quick acting manual shutdown shall be installed on the engine so as to provide a quick and effective means of stopping the engine (such as by cutting off the intake air).
(b) This regulation applies to all installations of this type on tank vessels, but for such installations now on existing tankships at the date of next biennial inspection or October 1, 1963, whichever occurs later.
The number and arrangement of bilge pumps on each tank vessel shall conform to the requirements of subchapter F (Marine Engineering) of this chapter, except as hereinafter provided in this subpart.
(a) Provisions shall be made for removing drainage from the pumproom bilges and adjacent cofferdams. A separate bilge pump, ejector, or bilge suction from a cargo pump or cargo stripping pump may be provided for this purpose. The bilge pump shall not be located in nor shall the piping pass through spaces containing machinery where sources of vapor ignition are normally present.
(b) Where a bilge suction is provided from a cargo or stripping pump, a stopcheck valve shall be fitted in the suction branch, and an additional stop valve shall be fitted also if the bilge suction branch can be subjected to a head of oil from the filling line.
(c) Means shall be provided for controlling the cargo or pump room bilge pumps and their suctions or discharges in order that a flooded pump room may be pumped out. Suitable portable or manually operated pumps may be accepted as complying with this provision, or alternatively, the pump controls shall be arranged so that they are operable from inside the pump room and either from an accessible position outside the pump room, or from the pump room casing above the freeboard deck.
(a) On tank vessels, the construction or conversion of which was started prior to November 19, 1952, bilge pumps and piping which do not fully comply with the regulations of this subchapter shall be made as nearly equal to the requirements for tank vessels constructed on or after November 19, 1952, as is necessary in the interest of safety.
(b) Bilge suctions from hold spaces containing independent cargo tanks may be connected to cargo pumps or stripping pumps, provided the installation complies with the requirements of § 32.52-5(b).
(a) Except as provided in paragraphs (b) and (c) of this section, this subpart applies to:
(1) A U.S. crude oil tanker or product carrier of 100,000 DWT tons (metric) or more or combination carrier of 50,000 DWT tons (metric) or more, that has a keel laying date on or after January 1, 1975.
(2) A new (as defined in 46 U.S.C. 3701) crude oil tanker or product carrier, or foreign flag crude oil tanker or product carrier of 20,000 DWT tons or more entering the navigable waters of the U.S.
(3) A crude oil tanker that is equipped with a cargo tank cleaning system that uses crude oil washing.
(4) An existing product carrier of 20,000 deadweight tons (metric) or more that has tank washing machines with a capacity of more than 60 cubic meters per hour after May 31, 1983.
(5) Any other U.S. or foreign flag:
(i) Crude oil tanker or product carrier of 70,000 deadweight tons (metric) and over after May 31, 1981;
(ii) Crude oil tanker between 20,000 and 70,000 deadweight tons (metric) after May 31, 1983;
(iii) Product carrier between 40,000 and 70,000 deadweight tons (metric) after May 31, 1983.
(b) This subpart does not apply to vessels designed to carry only:
(1) Liquefied gas cargo; or
(2) Grade E cargo that is carried at a temperature lower than 5° C below its flash point.
(c) This part does not apply to vessels as stated in 46 U.S.C. 3702.
(a) The Assistant Commandant for Marine Safety and Environmental Protection grants exemptions for crude oil tankers of less than 40,000 deadweight tons not fitted with high capacity tank washing machines, if the vessel's owner can show that compliance would be unreasonable and impracticable due to the vessel's design characteristics.
(b) Requests for exemptions must be submitted in writing to: Commandant (G-MSO), U.S. Coast Guard, Washington, DC 20593-0001.
(c) Each request must be supported by documentation showing that:
(1) The system would be detrimental to the safe operation of the vessel;
(2) It is physically impracticable to install the system; or
(3) Adequate maintenance of the system would be impossible.
(d) The vessel's owner may request a conference. The exemption request file will be available for use in the conference and additional arguments or evidence in any form may be presented. The conference will be recorded. The presiding officer summarizes the material presented at the conference and submits written recommendations to
(e) The Assistant Commandant for Marine Safety and Environmental Protection reviews the exemption request file and decides whether to grant or deny the exemption. The decision shall include an explanation of the basis on which the exemption is granted or denied, and constitutes final agency action.
Unless the cargo tanks are gas free, the master of each tankship to which this subpart applies shall ensure that the inert gas system is operated as necessary to maintain an inert atmosphere in the cargo tanks.
(a) Each tankship to which this subpart applies must have an inert gas system that meets the requirements of this subpart and is approved in accordance with 46 CFR 50.20.
(b) Each inert gas system must be designed, constructed and installed in accordance with the provisions of SOLAS II-2, regulation 62, with the following provisions:
(1) Acceptable types of water seals include the wet and semiwet type. Other types of seals may be accepted on a case by case basis if approval is given by the Coast Guard Marine Safety Center.
(2) If a vapor collection system required to meet part 39 of this subchapter is connected to the inert gas system, the instruction manual required by SOLAS II-2, regulation 62.21 must include procedures relating to vapor collection operations.
(a) On all tanks vessels, the construction or conversion of which is started on or after July 1, 1951, all enclosed parts of the vessel, other than cargo, fuel and water tanks, cofferdams and void spaces, shall be provided with efficient means of ventilation.
(b) Compartments containing machinery where sources of vapor ignition are normally present shall be ventilated in such a way as to remove vapors from points near the floor level or the bilges. Effective steam or air actuated gas ejectors, blowers or ventilators fitted with heads for natural ventilation, with at least one duct extending to immediately below the floor plates will be approved for this purpose. Machinery spaces below the freeboard deck, in which fuels with flash point of 110° F or lower are used, shall be equipped with power ventilation. (See § 32.60-20 for other requirements concerning pumprooms.)
(a) On tank vessels, the construction or conversion of which was started on or after November 10, 1936, and prior to July 1, 1951, all enclosed parts of the vessel, other than cargo, fuel, and water tanks and cofferdams, shall be provided with efficient means of ventilation.
(b) Pumprooms and compartments containing machinery where sources of vapor ignition are normally present shall be ventilated in such a way as to remove vapors from points near the floor level or the bilges. Effective steam or air actuated gas ejectors or blowers or ventilators fitted with heads for natural ventilation, will be approved for this purpose. (See § 32.65-20 for other requirements concerning pumprooms.)
Ventilation of tank vessels, the construction or conversion of which was started prior to November 10, 1936, shall be equal to the requirements of tank vessels constructed before July 1, 1951, where the changes are, in the opinion of the Officer in Charge, Marine Inspection, necessary in the interest of safety.
Hold spaces containing independent cargo tanks shall be considered to be equivalent to cargo pumprooms and shall be ventilated and safeguarded as such.
(a)
(2) In any case where a venting system is required for a particular grade of liquid, the venting system permitted for a higher grade of liquid may be used instead.
(b)
(2) A weather hood may be installed at the vent outlet providing it is of such design as not to direct the flow of vapor below the horizontal.
(3) The branch vent lines shall consist of either:
(i) Pipe with no valves or other hindrances to a free flow of gas; or,
(ii) Piping fitted with a pressure vacuum relief valve, provided means are supplied for relieving all internal pressure on cargo tanks by fitting the valve with a positive means for opening its pressure valve to allow free passage of gases through the branch vent line or by the installation of a by-pass fitted with a manually operated stop valve.
(4) The vent header shall be fitted with a flame arrester or pressure vacuum relief valve. If a pressure vacuum relief valve is used in the header, means shall be provided for relieving all internal pressure on cargo tanks by fitting the valve with a positive means for opening its pressure valve to allow free passage of gases through the header or by the installation of a by-pass fitted with a manually operated stop valve. A suitable means of relieving pressure shall be fitted in the header in order to prevent excess pressure being built up in the tanks, in the event of overfilling of the latter. The vent header system shall be provided with suitable connections for flushing and draining. The vent header system shall be of sufficient capacity as to be able to carry off all displaced air and vapors during loading of the cargo tanks without opening of ullage plates, cargo hatches, etc. See § 32.20-20 for liquid level gaging requirements.
(c)
(d)
(e) Tank vents which meet the requirements of SOLAS will be considered equivalent to the provisions of this section.
(a)
(2) In any case where a venting system is required for a particular grade of liquid, the venting system permitted for a higher grade of liquid may be used instead.
(b)
(c)
(a)
(b)
(2) In barges with independent tanks carrying Grade A liquids, separate discharge pipes may be fitted to each pressure-vacuum relief valve, or the pressure-vacuum relief valve may be elevated, so that in either case the discharge from such valve will not be less than 7 feet above the deck where practicable.
(c)
(d)
The venting of cargo tanks of tank vessels, the construction or alteration of which was started prior to November 10, 1936, shall be made to equal the requirements of tank vessels constructed before July 1, 1951, where the changes are, in the opinion of the Officer in Charge, Marine Inspection, necessary in the interests of safety:
(a) Except as provided in paragraph (b) of this section, on all tank vessels, the construction or conversion of which was started on or after November 10, 1936, cofferdams and void spaces shall be provided with gooseneck vents fitted with a flame screen or pressure-vacuum relief valves. The diameter of a vent shall be not less than 2
(b) On unmanned tank barges not fitted with fixed bilge systems in the cofferdams and void spaces, vents for cofferdams and void spaces will not be required.
Each tankship that has a keel laying date on or after January 1, 1975, must have deckhouse and superstructure ventilation inlets and outlets and other openings to the exterior arranged to minimize the admission of flammable gas to enclosed spaces that contain a source of ignition.
(a)This subpart applies to all tankships that have a keel laying date on or after January 1, 1975.
(b) SOLAS-certificated vessels may be considered equivalent to the provisions of this subpart.
(a) Except as provided in paragraphs (c) and (d) of this section, each category A machinery space must be aft of the cargo area and pumprooms.
(b) Except as provided in paragraphs (c), (d), and (e) of this section, each accommodation space, service space except isolated storage spaces, and control space and each main cargo control station must be aft of:
(1) The cargo area;
(2) All cargo pumprooms; and
(3) All cofferdams that isolate the cargo area from category A machinery spaces.
(c) Except as provided in paragraph (e) of this section, any pumproom may be recessed below accommodation, service, and control spaces and recessed into any category A machinery space if the distance between the deckhead of the recess and the underside of the accommodation, service, or control space is at least equal to the height of the recess.
(d) Accommodation, service, control and certain machinery spaces, such as spaces for bow thrusters, windlass, and emergency fire pumps, may be located forward of the cargo area and pump-rooms if it is demonstrated to the Commandant that the overall degree of safety of the vessel is improved and that the degree of fire and life safety for these spaces is not less than the degree of fire and life safety for similar spaces located aft.
(e) On liquefied gas carriers:
(1) Main cargo control stations may be located in the cargo area;
(2) Accommodation, service, and control spaces may be located over cofferdams that isolate cargo tanks other than integral tanks from category A machinery spaces;
(3) Pumprooms may not be recessed into any space below deck.
(a) No navigation position may be above the cargo area unless it is approved by the Commandant as necessary for the safe operation of the vessel.
(b) Each navigation position that is above the cargo area must be separated from the deck by an unenclosed space that extends at least 2 meters (6.6 feet) from the deck to the navigation position.
(c) Openings to navigation positions above cargo areas, except air locks, must be at least 2.4 meters (7.9 feet) above the deck.
A coaming or other barrier at least .3 meters (1 foot) higher than adjacent spill containment barrier must be provided to prevent cargo spills from flowing aft of the housefront.
The following exterior boundaries of superstructures and deckhouses that contain accommodation, service, and control spaces, except wheelhouses, must be insulated to “A-60” Class:
(a) The exterior boundaries that face the cargo area.
(b) The portion of the exterior bulkheads and decks within 3 meters (10 feet) of these boundaries.
The following exterior boundaries of accommodation, service, and control spaces, except wheelhouses, must have no openings, and portlights must be of a fixed type with easily operable steel covers on the inside:
(a) The exterior boundaries that face the cargo area.
(b) The portion of the exterior boundaries within 3 meters (10 feet) or the length of the vessel divided by 25, whichever is greater, except that the distance need not exceed 5 meters (16.4 feet), of these boundaries.
If openings are fitted into the following exterior boundaries of any space other than an accommodation, service, or control space, the interior of the space must be insulated to “A-60” Class and the space must not provide access to any accommodation, service, or control space:
(a) The exterior boundaries that face the cargo area.
(b) The portion of the exterior boundaries within 3 meters (10 feet) or the length of the vessel divided by 25, whichever is greater, except that the distance need not exceed 5 meters (16.4 feet), of these boundaries.
(a) Except as provided in paragraph (b) of this section and subpart 111.105, of this chapter, boundaries of category A machinery spaces and boundaries of cargo pumprooms must not be pierced for windows or portlights.
(b) Skylights that can be closed from outside the spaces they serve may be fitted in boundaries of category A machinery spaces.
(a) Bulkheads and decks that separate category A machinery spaces from cargo pumprooms must be “A” Class construction.
(b) Bulkheads and decks that separate category A machinery spaces or cargo pumprooms, including the pumproom entrance, from accommodation, service, or control spaces must be “A-60” Class construction.
(a) Casing doors in category A machinery spaces and all elevator doors must be self-closing and must meet the requirements of 46 CFR 72.05-25(b).
(b) If a means of holding a door open is used, it must be a magnetic holdback or equivalent device that is operated
Structural insulation within category A machinery spaces must have a barrier such as metal foil, sheet metal, cementitious coating, or other vapor barrier so that the surface of that insulation is impervious to oil and oil vapors.
(a) Where ceilings or linings are fitted in accommodation, service, or control spaces, “B” Class bulkheads, except those that form passageways, may stop at the ceiling or lining if draft stops of “B” Class construction are fitted between the ceiling or lining and the deck or shell at intervals of 14 meters (45 feet) or less.
(b) Spaces behind the linings of stairways and other trunks must have draft stops at each deck.
(a) Except as provided in paragraph (b) of this section combustible veneers on bulkheads, linings, and ceilings within accommodation, service, or control spaces must be 2 millimeters (.079 inches) or less in thickness.
(b) Veneers on bulkheads, linings, and ceilings in concealed spaces, corridors, stairway enclosures, or control spaces must be an approved interior finish material or a reasonable number of coats of paint.
Bulkheads and decks that separate control spaces from adjacent spaces must be “A” Class construction and insulated against fire. 46 CFR Table 72.05-10(e) of the Passenger Vessel Regulations may be used as a guide.
(a) Each duct for ventilation of Category A machinery spaces that passes through accommodation, service, or control spaces must be:
(1) Constructed of steel and insulated to “A-60” Class; or
(2) Constructed of steel, fitted with an automatic fire damper at each boundary where it enters and leaves the Category A machinery space, and insulated to “A-60” Class for a distance of 5 meters (16.4 feet) beyond each machinery space boundary.
(b) Each duct for ventilation of accommodation, service, and control spaces that passes through Category A machinery spaces must be constructed of steel and be fitted with an automatic fire damper at each Category A machinery space boundary.
(a) The provisions of this subpart shall apply to all tank vessels contracted for on or after January 1, 1963.
(b) SOLAS-certificated vessels may be considered equivalent to the provisions of this subpart.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(a) The hull, superstructure, structural bulkheads, decks, and deckhouses shall be constructed of steel. Alternately, the Commandant may permit the use of other suitable material in special cases, having in mind the risk of fire.
(b) Bulkheads of galleys, paint and lamp lockers, and emergency generator rooms shall be of “A” Class construction.
(c) The boundary bulkheads and decks separating the accommodations and control stations from cargo, and machinery spaces and from galleys, main pantries and storerooms other than small service lockers shall be of “A” Class Construction.
(d) The following conditions apply within accommodation, service, and control spaces:
(1) Corridor bulkheads in accommodation areas shall be of “A” or “B” Class intact from deck to deck Stateroom doors in such bulkheads may have a louver in the lower half.
(2) Stairtowers, elevator, dumbwaiter, and other trunks shall be of “A” Class construction.
(3) Bulkheads not already specified to be of “A” or “B” Class construction may be of “A”, “B”, or “C” Class Construction.
(4) The integrity of any deck in way of a stairway opening, other than a stairtower, shall be maintained by means of “A” or “B” Class divisions or bulkheads and doors at one level. The integrity of a stairtower shall be maintained by “A” Class doors at every level. The doors shall be of the self-closing type. No means shall be provided for locking such doors, except that crash doors or locking devices capable of being easily forced in an emergency may be employed provided a permanent and conspicuous notice to this effect is attatched to both sides of the door. Holdback hooks or other means of permanently holding the door open will not be permitted. However, magnetic holdbacks operated from the bridge or from other suitable remote control positions are acceptable.
(5) Interior stairs, including stringers and treads shall be of steel or other suitable material having in mind the risk of fire. This is not intended to preclude the use of other material for nosing, walking surfaces, etc., over the steel.
(6) Except for washrooms and toilet spaces, deck coverings within accommodation spaces shall be of an approved type. However, overlays for leveling or finishing purposes which do
(7) Except as provided in paragraph (d)(7-a) of this section, ceilings, linings, and insulation, including pipe and duct laggings, must be made of approved incombustible material.
(7-a) Combustible insulations and vapor barriers that have a maximum extent of burning of 122 millimeters (5 inches) or less when tested in accordance with ASTM D 4986, “Standard Test Method for Horizontal Burning Characteristics of Cellular Polymeric Materials” (incorporated by reference, see § 32.01-1), may be used within refrigerated compartments.
(8) Any sheathing, furring or holding pieces incidental to the securing of any bulkhead, ceiling, lining, or insulation shall be of approved incombustible materials.
(9) Bulkheads, linings and ceilings may have a combustible veneer within a room not to exceed 2 millimeters (.079 inch) in thickness. However, combustible veneers, trim, decorations, etc., shall not be used in corridors or hidden spaces. This is not intended to preclude the use of an approved interior finish or a reasonable number of coats of paint.
(e) Wood hatch covers may be used between cargo spaces or between stores spaces. Hatch covers in other locations shall be of steel or equivalent metal construction. Tonnage openings shall be closed by means of steel plates or equivalent metal construction.
(f) Nitrocellulose or other highly flammable or noxious fume-producing paints or lacquers shall not be used.
(a) As used in this section,
(b) The requirements of this section apply to all in-service, unclassed tank vessels certificated to carry a pollution category I oil cargo listed in 46 CFR Table 30.25-1.
(c) For all vessels except those limited on their Certificate of Inspection to river routes only, the minimum midship section modulus must be—
(1) At least 90 percent of that required by Rule; or
(2) Where there is no specific Rule requirement, at least 100 percent of that which is necessary to meet the bending moment developed under a full load condition in still water, using a permissible bending stress of 12.74 kN/cm
(d) Within the 40-percent midship length, the average flange and web thicknesses of each longitudinal stiffener must be as follows:
(1) For deck and bottom stiffeners: at least 85 percent of Rule thickness, unless a buckling analysis demonstrates that lesser thicknesses can be safely tolerated. However, the average thickness must never be less than 80 percent of Rule thickness; and
(2) For side stiffeners: at least 75 percent of Rule thickness.
(e) Within the 40-percent midship length, the average thickness for longitudinal strength plating must be at least as follows:
(1) Weather deck: 75 percent of Rule thickness;
(2) Hatch: 70 percent of Rule thickness;
(3) Trunk: 75 percent of Rule thickness;
(4) Sheer strake: 75 percent of Rule thickness;
(5) Outer sideshell: 75 percent of Rule thickness;
(6) Inner sideshell: 75 percent of Rule thickness;
(7) Outer bottom; 75 percent of Rule thickness;
(8) Inner bottom: 70 percent of Rule thickness;
(9) Keel: 75 percent of Rule thickness;
(10) Bulkheads: 75 percent of Rule thickness.
Requirements for double hull construction for vessels carrying oil, as defined in 33 CFR 157.03, in bulk as cargo are found in 33 CFR 157.10d.
(a) All tank vessels, the construction or conversion of which is started on or after July 1, 1951, shall conform to the requirements in this subpart in construction of hulls. The hull and deckhouses shall be of steel or iron construction except that the pilothouse and decks over quarters may be constructed of wood. Scantlings, material, and workmanship, subdivision of cargo spaces, fitting of cofferdams, and testing of tanks shall be at least equivalent to the requirements of the American Bureau of Shipping or other recognized classification society.
(b) See subpart 32.57 for structural fire protection requirements for tank vessels contracted for on or after January 1, 1963.
The cargo space shall be divided into tight compartments as necessary to avoid excessive stresses and to provide stability.
(a)
(b)
(c)
(2) No openings to cargo tank shall be permitted other than stuffing boxes through which valve control rods or permanently installed gage tapes extend and openings for use of tank cleaning machines. Openings for tank cleaning machines, when not in use, shall be kept closed by means of gastight bolted plates and when in use shall be made essentially gas and watertight by covers through which hose or pipe to the tank cleaning machines extend.
(3) The overhead in way of quarters shall be gastight.
(d)
(e)
(i) The innerbottom tanks are voids or ballast tanks only, and
(ii) The innerbottom tanks are protected from sources of ignition similar to the cargo tanks, and any bilge or
(2) Any vents, sounding tubes, and similar piping passing through such tanks shall be run in a suitable trunk; or such piping shall have a wall thickness equal to or greater than the innerbottom plating, but not less than schedule 80, and shall be welded continuously on both sides of the innerbottom plating.
(a)
(b)
(a)
(b)
(2) For all tank vessels, the construction or conversion of which is started between October 1, 1959, and January 1, 1963, the power ventilation shall not produce a source of vapor ignition in either the pumproom or the ventilation systems associated with the pumproom. The capacity of power ventilation units shall be sufficient to effect a complete change of air in not more than 3 minutes, based upon the volume of the pumproom and associated trunks up to the deck at which access from the weather is provided.
(c)
(2) The power ventilation units shall not produce a source of vapor ignition in either the pumproom or the ventilation systems associated with the pumproom. Inlets to exhaust ducts shall be provided and located near the floor level at points where concentrations of vapors may be expected. Ventilation from the weather deck shall be provided. Power supply ventilation may be fitted in lieu of natural ventilation,
(3) Cargo pumprooms handling Grade D and/or E liquid cargo only shall be fitted with at least two ducts extended to the weather deck, one of which shall be extended to a point near the floor level. This does not preclude installation of power ventilation, if desired.
(4) The ventilation required in this paragraph shall be sufficient to properly ventilate the pumproom with the access openings closed.
(d)
For living quarters the partitions and sheathing shall be of an approved fire resistive construction. The specification for incombustible materials is in subchapter Q (Specifications) of this chapter.
(a) Independent cargo tanks may be located in hold spaces or in other cargo tanks; however, a working space of at least 15 inches shall be maintained around each independent tank, or else provisions shall be made for moving such tanks to furnish such working space, except that less than 15 inches around such tanks may be permitted if in the judgment of the Officer in Charge, Marine Inspection, having jurisdiction, a satisfactory inspection of the cargo tanks and hull structure can be made.
(b) When an independent cargo tank is located in an enclosed space other than a cargo tank, such enclosed space shall be considered as equivalent to a pumproom and shall be safeguarded as such as required by this subpart.
(c) Cargo tanks independent of the hull structure shall be supported in saddles or on foundations of steel or other suitable material and securely attached in place to preclude the cargo from being damaged or shifting as a result of collision. The arrangement shall be such as to permit longitudinal and circumferential, or athwartship and vertical, expansion of the cargo tanks. Each tank shall be supported so as to prevent the concentration of excessive loads on the supporting portion of the shell.
(a) Grade A liquids having a Reid vapor pressure in excess of 25 pounds per square inch shall be transported in cargo tanks which are independent of the hull.
(b) Barges carrying Grade A liquids having a Reid vapor pressure in excess of 25 pounds per square inch shall be of a Type III barge hull as defined in § 32.63-5(b)(3).
(a) All cargo tanks vented at gage pressure of 4 pounds per square inch or less shall be constructed and tested as required by standards established by the American Bureau of Shipping or other recognized classification society. The design of cargo tanks integral with the hull and vented at a gage pressure exceeding 4 pounds per square inch but not exceeding 10 pounds per square inch gage pressure will be given special consideration by the Commandant.
(b) Cargo tanks vented at a gage pressure exceeding 10 pounds per square inch are considered to be pressure vessels and shall be of cylindrical or similar design and shall meet the requirements of subchapter F (Marine Engineering) of this chapter.
(a) The provisions of this section shall apply to all vessels contracted for on or after October 1, 1958.
(b) When a compartment containing the emergency source of electric power, or vital components thereof, adjoins a space containing either the ship's service generators or machinery necessary for the operation of the ship's service generators, all common bulkheads and/or decks shall be protected by approved “structural insulation” or other approved material. This protection shall be such as to be capable of preventing an excessive temperature rise in the space containing the emergency source of electric power, or vital components thereof, for a period of at least one hour in the event of fire in the adjoining space. Bulkheads or decks meeting Class A-60 requirements, as defined by § 72.05-10 of subchapter H (Passenger Vessels) of this chapter, will be considered as meeting the requirements of this paragraph.
(a) The requirements of this subpart shall apply to all tank barges, the construction or conversion of which is started on or after July 1, 1964, and carrying those cargoes listed in Table 30.25-1 which are defined as:
(1) Flammable liquids having a Reid vapor pressure in excess of 25 pounds per square inch, absolute, in independent tanks (part 32).
(2) Liquefied flammable gases (part 38 of this subchapter).
(a) Each barge subject to the provision of this subpart shall be assigned a hull type number. The Commandant will designate the barge hull types to be used for carrying cargoes in order to insure that the vessel is designed consistent with the degree and nature of the hazard of the commodity carried.
(b) For this purpose the barge hull types shall be as follows:
(1)
(2)
(3)
(a) Alternative arrangements, differing from those specifically required by this subpart, may be considered and approved by the Commandant, if it is demonstrated to his satisfaction that a degree of safety is obtained which is consistent with the intent of this subpart.
(a) Each barge hull shall be constructed with a suitable blow form (length, shape, and height of headlog) to protect against diving at the maximum speed at which the barge is designed to be towed. In any integrated tow, only the lead barge need comply with this requirement. In any case, the operator of the towing vessel shall be guided by appropriate speed limitations.
(b) All open hopper type barge hulls shall be provided with coamings around the hopper space and, additionally, a 36-inch minimum height plowshare breakwater on the forward rake. Coamings shall have a minimum height of 36 inches forward graduated
(a)
(b)
(1) Independent tanks may be installed in such a manner that they do not contribute to the strength and stiffness of the barge. In such case, the hull stress shall not exceed either 50 percent of the minimum ultimate tensile strength of the material or 70 percent of the yield strength when specified, whichever is greater.
(2) The Commandant may consider a reduction in hull stress when independent tanks are installed in such a manner as to contribute to the strength and stiffness of the barge and this is accounted for in determining the effective section modulus of the barge. In such case, the hull stress shall not exceed the percentage stress values prescribed in paragraph (b)(1) of this section multiplied by the quantity (1.5−SWT/UTS), where SWT is the stress calculated without including the effect of the tanks, and UTS is the minimum ultimate tensile strength of the material. The value SWT, however, shall in no case be more than 75 percent of UTS.
(a)
(b)
(2) All cargo tanks shall be so located as to reduce the likelihood of their being damaged in the event of collision. This protection shall be obtained by locating the cargo tanks not less than 4 feet from the side shell and box-end for Type I hulls and 3 feet for Type II barge hulls, and not less than 25 feet from the headlog at the bow for both types.
(c)
(ii) Gravity type cargo tanks shall have sufficient additional strength to limit the maximum combined tank stress, including saddle horn and bending stresses, to the yield strength of the tank material or 70 percent of the minimum ultimate tensile strength of the tank material, if less, in the grounded condition as required by § 32.63-20(b).
(2)
The requirements in this subpart apply to all tank vessels, the construction or conversion of which was started on or after November 10, 1936, and prior to July 1, 1951.
The hull and deck houses shall be of steel or iron construction except that the pilothouse and decks over quarters may be constructed of wood. Scantlings, material, and workmanship, subdivision of cargo spaces, fitting of cofferdams, and testing of tanks shall be at least equivalent to the requirements of the American Bureau of Shipping or other recognized classification society.
The cargo space shall be divided into tight compartments as necessary to avoid excessive stresses and to provide stability.
Tank vessels equipped to carry Grade A, B, C, or D liquids shall have their galleys, living quarters, general cargo spaces, boiler rooms, and enclosed spaces containing propelling machinery or other machinery where sources of vapor ignition are normally present, segregated from their cargo tanks by cofferdams or equivalent pumprooms, tanks, or air spaces.
(a) Tank vessels handling Grade A, B, C, or D liquids shall have their cargo pumps isolated from all sources of vapor ignition by gastight bulkheads. Totally enclosed motors of the “explosion proof” type, motors ventilated on both the intake and exhaust by ducts to atmosphere, and engines driven by steam shall not be considered to be sources of vapor ignition. The gastight bulkhead between the pumproom and the pump-engine compartment may be pierced by fixed lights, drive shaft and pump-engine control rods, provided that the shafts and rods are fitted with stuffing boxes where they pass through the gastight bulkheads. The access to a cargo pumproom handling such liquids shall be from the open deck. (See § 32.60-20.0.)
Partitions and sheathing shall be of approved fire-resistive construction.
Independent cargo tanks may be located in hold spaces or in other cargo tanks but in all cases a working space of at least 15 inches shall be provided around such independent tanks, or else provisions shall be made for moving them to secure such space. When independent cargo tanks are located in an enclosed space other than a cargo tank, such enclosed space shall be considered as equivalent to a pumproom, and shall be safeguarded as such, as required in the regulations in this subchapter.
Cargo tanks for Grade A liquids having a Reid vapor pressure in excess of 25 pounds shall be independent of the hull.
(a) All cargo tanks to be vented at gage pressures of 4 pounds per square inch or less shall be constructed and tested as required by the requirements of the American Bureau of Shipping or other recognized classification society.
(b) All cargo tanks to be vented at gage pressures above 4 pounds per square inch shall be considered as pressure vessels and shall meet the requirements for such vessels as to construction and testing, as set forth in subchapter F (Marine Engineering) of this chapter.
(c) Gastight bulkheads shall be subjected to a thorough hose test.
All steel hull tank vessels, the construction or conversion of which was started prior to November 10, 1936, shall conform to the requirements in this subpart.
The scantlings, material, and workmanship, the subdivision of cargo spaces, the arrangement of cofferdams, the testing of tanks and cofferdams, shall be at least equivalent to the requirements of a recognized classification society for the particular service specified in the application for the certificate of inspection and permit for the transportation of liquid flammable cargoes in bulk as of the date when the tank vessel was built or as of the date when the vessel was converted into a tank vessel. In the absence of such classification requirements, the Officer in Charge, Marine Inspection, shall satisfy himself that the vessel's structure as specified in this section is safe for the service to be specified in its certificate of inspection.
Tank vessels carrying Grade A, B, or C liquids shall be required to conform to the construction requirements in regard to vertical cofferdams in § 32.65-15, except that a dry cargo compartment shall be considered to be equivalent to a cofferdam, and except as provided for in § 32.70-20.
Tank vessels handling Grade A, B, C or D liquid cargo shall meet the requirements for tank vessels in § 32.65-20 except that the electrical installation shall comply with the requirements of § 32.45-10(c).
No cofferdam will be required between a cargo tank and a compartment containing pumping engines and their auxiliaries which are used exclusively during pumping operations, provided the pumping engine compartment contains no cargo valves and is well ventilated and provided further that internal combustion exhaust within the compartment are completely water jacketed or insulated and that gasoline engine intakes are fitted with effective flame arresters.
Cargo tanks shall comply with the conditions specified in §§ 32.65-30 and 32.65-35, and shall pass the tests required in § 32.65-40:
All wood hull tank vessels, the construction or conversion of which was started prior to November 10, 1936, shall conform to the requirements in this subpart.
The scantlings, material, and workmanship, and the fitting and fastening of parts shall be at least equivalent to the requirements of a recognized classification society for the particular service specified in the application for certificate of inspection and permit for the transportation of liquid flammable cargoes in bulk as of the date when the tank vessel was built, or as of the date when the vessel was converted into a tank vessel. In the absence of such classification requirements, the Officer in Charge, Marine Inspection, shall satisfy himself that the vessel's structure as specified in this section is safe for the service to be specified in its certificate of inspection.
Cargo tanks shall be independent of the wood hull, shall be made of steel or iron, and shall pass the tests required in § 32.65-40 (a), (b). Where cargo tanks in wood hulls are not arranged to provide working space around them they shall be so constructed as to allow inspection of the hull, tanks, and bilges, and they shall be so installed that they can be moved to allow repairs to the hull structure and to themselves.
All independent cargo tanks in wood hull tank vessels shall be electrically bonded together with stranded copper cable of not less than No. 4B and S gage and one end of this cable shall be grounded to a copper or brass plate of not less than 2 square feet in area and one-sixteenth inch in thickness and this plate shall be securely fastened to the hull, on the outside, at a point where it shall be covered by water when the tank vessel is unloaded.
In wood hull tank vessels containing independent cargo tanks for the transportation of Grade A, B, C, or D liquids, the hold spaces shall be considered as equivalent to a pumproom and shall be safeguarded and ventilated as such as required by § 32.65-20. Where the hold spaces contain equipment or operations which are sources of vapor ignition, such equipment or operations shall be isolated from other spaces by gastight bulkhead or, if it is impracticable to construct a gastight bulkhead, two structurally tight bulkheads without openings, separated by a well-ventilated air space 24 inches wide, where possible may be used.
All tank barges with hulls constructed of materials other than iron or steel, the construction or conversion of which was started prior to September 2, 1945, and to which certificates of inspection were issued prior to March 2, 1946, shall be considered the same as tank barges constructed prior to November 10, 1936.
Lamp, oil and paint rooms shall be wholly and tightly lined with metal.
(a) This section applies to each vessel that normally embarks or disembarks a pilot from a pilot boat or other vessel.
(b) Each vessel must have suitable pilot boarding equipment available for use on each side of the vessel. If a vessel has only one set of equipment, the equipment must be capable of being easily transferred to and rigged for use on either side of the vessel.
(c) Pilot boarding equipment must be capable of resting firmly against the vessel's side and be secured so that it is clear from overboard discharges.
(d) Each vessel must have lighting positioned to provide adequate illumination for the pilot boarding equipment and each point of access.
(e) Each vessel must have a point of access that has:
(1) A gateway in the rails or bulwark with adequate handholds; or
(2) Two handhold stanchions and a bulwark ladder that is securely attached to the bulwark rail and deck.
(f) The pilot boarding equipment required by paragraph (b) of this section must include at least one pilot ladder approved under subpart 163.003 of this chapter. Each pilot ladder must be of a single length and capable of extending from the point of access to the water's edge during each condition of loading and trim, with an adverse list of 15°.
(g) Whenever the distance from the water's edge to the point of access is more than 30 feet, access from a pilot ladder to the vessel must be by way of
(h) Pilot hoists, if used, must be approved under subpart 163.002 of this chapter.
46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
(a) The provisions of this part shall apply to all tank vessels except as otherwise noted in this part.
(a) Where firefighting equipment is not required, but is installed, the equipment and its installation shall be of an approved type.
(a) The provisions of this part contemplate fire protection for tank vessels of conventional design carrying the usual liquid petroleum products in internal tanks. Whenever unusual arrangements exist or special cargoes are carried upon which the vessel's normal firefighting equipment will be ineffective, additional suitable firefighting equipment of approved type shall be carried.
(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a). To enforce any edition other than that specified in paragraph (b) of this section, the Coast Guard must publish notice of change in the
(b) The material approved for incorporation by reference in this part and the sections affected are:
(a) Fire pumps, piping, hydrants, hose and nozzles shall be installed on all tankships.
(b) The arrangements and details of the fire main system shall be as set forth in subpart 34.10.
(a) Approved fire extinguishing systems must be installed on all tankships in the following locations. Previously approved installations may be retained as long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(i) If a fire-extinguishing system is installed to protect an internal combustion installation, the system shall be of the carbon dioxide type.
(ii) On vessels of 1,000 gross tons and over on an international voyage, the construction or conversion of which is contracted for on or after May 26, 1965, a fixed carbon dioxide system shall be installed in all spaces containing internal combustion or gas turbine main propulsion machinery, auxiliaries with an aggregate power of 1,000 b.h.p. or greater, or their fuel oil units, including purifiers, valves, and manifolds.
(iii) On vessels of 1,000 gross tons and over, the construction, conversion or automation of which is contracted for on or after January 1, 1968, a fixed carbon dioxide system shall be installed in all spaces containing internal combustion or gas turbine main propulsion machinery, auxiliaries with an aggregate power of 1,000 b.h.p. or greater, or their fuel oil units, including purifiers, valves and manifolds.
(8)
(b) The arrangements and details of the fire-extinguishing systems shall be as set forth in subparts 34.10 through 34.20.
(a) All portable and semiportable extinguishers on board tank vessels shall be of an approved type.
(b) The type, size, location and arrangement of portable and semiportable extinguishers shall be as set forth in subpart 34.50.
(a) Fire axes shall be provided on all tankships.
(b) The location and arrangement of fire axes shall be as set forth in subpart 34.60.
(a) On all tankships the provisions of this subpart, with the exception of § 34.10-90, shall apply to all fire main installations contracted for on or after May 26, 1965. Installations contracted for prior to May 26, 1965, shall meet the requirements of § 34.10-90.
(b) If a fire main system is installed on a tank barge, the system shall meet the intent of this subpart insofar as reasonable and practicable.
(a) Tankships shall be equipped with independently driven fire pumps in accordance with table 34.10-5(a).
(b) Each pump shall be capable of delivering simultaneously the number of streams of water required by table 34.10-5(a) from the outlets having the greatest pressure drop between fire pump(s) and nozzles at a Pitot tube pressure of approximately 75 p.s.i. Where 1
(c) On tankships of 1,000 gross tons and over on an international voyage, each required fire pump, while delivering water through the fire main system at a pressure corresponding to that required by § 34.10-15(e), shall have a minimum capacity of at least two-thirds of that required for an independent bilge pump if no length correction is taken for the cargo tank space. However, in no case shall the capacity of each fire pump be less than that otherwise required by this section.
(d) Fire pumps shall be fitted on the discharge side with relief valves set to relieve at 25 p.s.i. in excess of the pressure necessary to maintain the requirements of paragraph (b) of this section.
(e) Fire pumps shall be fitted with a pressure gage on the discharge side of the pumps.
(f) Fire pumps may be used for other purposes provided at least one of the required pumps is kept available for use on the fire system at all times. In no case shall a pump having connection to an oil line be used as a fire pump. Branch lines connected to the fire main for purposes other than fire and deck wash shall be arranged so that the requirements of paragraph (b) of this section and any other services installed on the fire main can be met simultaneously.
(g) On all vessels where two fire pumps are required, they shall be located in separate spaces, and the arrangement of pumps, sea connections, and sources of power shall be such as to insure that a fire in any one space will not put all of the fire pumps out of operation. However, where it is shown to the satisfaction of the Commandant that it is unreasonable or impracticable to meet this requirement due to the size, or arrangement of the vessel, or for other reasons, the installation of a total flooding carbon dioxide system may be accepted as an alternate method of extinguishing any fire which would affect the powering and operation of at least one of the required fire pumps.
(a) The size of fire station hydrants and hose required shall be as noted in Table 34.10-5(a).
(b) Fire hydrants shall be of sufficient number and so located that any part of living quarters, storerooms, working spaces and weather decks accessible to crew while at sea may be reached with two effective spray patterns of water, one of which shall be from a single 50-foot length of hose. In main machinery spaces all portions of such spaces shall be capable of being reached by at least 2 effective spray patterns of water, each of which shall be from a single 50-foot length of hose from separate outlets.
(c) The outlets at the fire station hydrant shall be limited to any position from the horizontal to the vertical pointing downward so that hose will lead horizontally or downward to minimize possibility of kinking.
(d) All fire station hydrants shall be equipped with spanners suitable for use on the hose at that station.
(e) Each fire station hydrant must have at least 1 length of firehose. Each firehose on the hydrant must have a
(f) Each combination firehose nozzle previously approved under subpart 162.027 of this chapter in the locations listed in table 34.10-10(E) must have a low-velocity water spray applicator also previously approved under subpart 162.027 of this chapter that is of the length listed in that table.
(g) The pipes and fire station hydrants shall be so placed that the fire hose may be easily coupled to them. All hydrants shall be so located as to be readily accessible. If deck cargo is carried, it shall not interfere with access to the fire station hydrants, and the pipes shall be arranged as far as practicable to avoid risk of damage by such cargo.
(h) Each fire station hydrant or “y” branch shall be equipped with a valve so that the hose may be removed while there is pressure on the fire main.
(i) Fire station hydrant connections shall be brass, bronze, or other equivalent metal. Couplings shall either:
(1) Use National Standard fire hose coupling threads for the 1
(2) Be a uniform design for each hose diameter throughout the vessel.
(j) Fire hose shall be 50 feet in length except on weather decks the hose shall be increased in length if necessary to enable a single length to be goose-necked over each side of the vessel. If two fire mains are installed on the weather decks, the length of hose shall be such that it may be goose-necked over the side from the nearest fire main.
(k) Fire hose when part of the fire equipment shall not be used for any other purpose than fire extinguishing, fire drills, and testing.
(l) Fire hose shall be connected to outlets at all times. However, in heavy weather on open decks where no protection is afforded the hose may be removed temporarily from the hydrant and stowed in an accessible location nearby. While in port, fire hose in way of cargo area shall be kept ready for immediate use. The fire hose may be temporarily removed when it will interfere with the handling of cargo.
(m) Each section of fire hose used after January 1, 1980 must be lined commercial fire hose that conforms to Underwriters' Laboratories, Inc. Standard 19 or Federal Specification ZZ-H-451E. Hose that bears the label of Underwriters' Laboratories, Inc. as lined fire hose is accepted as conforming to this requirement. Each section of replacement fire hose or any section of new fire hose placed aboard a vessel after January 1, 1977 must also conform to the specification required by this paragraph.
(n) Coupling shall conform to the requirements of paragraph (h) of this section.
(o) Each low-velocity water spray applicator under paragraph (f) of this section must have fixed brackets, hooks, or other means for stowing next to the hydrant.
(a) All piping, valves and fittings shall meet the applicable requirements
(b) An adequate number of valves shall be installed to isolate damaged sections of piping except on self-propelled vessels carrying bulk liquefied gases that must have stop valves:
(1) At cross connections;
(2) At the front of the after deck house; and
(3) In the cargo area spaced 40 m (131 ft.) or less between hydrants.
(c) All distribution valves shall be marked as required by § 35.40-10 of this subchapter.
(d) Tankships of 500 gross tons and over on an international voyage must be provided with at least one international shore connection which meets ASTM F 1121 (incorporated by reference, see § 34.01-15). Facilities must be available enabling such a connection to be used on either side of the vessel.
(e) For tankships on an international voyage, the diameter of the fire main shall be sufficient for the effective distribution of the maximum required discharge from two fire pumps operating simultaneously. This requirement is in addition to § 34.10-5(b). The discharge of this quantity of water through hoses and nozzles at a sufficient number of adjacent hydrants shall be at a minimum Pitot tube pressure of approximately 71 pounds per square inch on self-propelled vessels that carry bulk liquefied gases and approximately 50 pounds per square inch on other tankships.
(a) Installations contracted for prior to January 1, 1962, shall meet the following requirements:
(1) Existing arrangements, materials and facilities previously approved shall be considered satisfactory so long as they meet the minimum requirements of this paragraph and they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. Minor repairs and alterations may be made to the same standards as the original installation.
(2) Except as further modified by this paragraph, the details of the systems shall be in general agreement with §§ 34.10-5 through 34.10-15 insofar as is reasonable and practicable.
(3) Tankships of less than 500 gross tons shall be equipped with an efficient hand pump capable of delivering 50 gallons per minute or a power-driven pump of equivalent capacity. However, on tankships of 20 gross tons or under where it is impracticable to install a hand or power-operated fire pump, or on tankships with only one man in the crew, at least one additional B-II fire extinguisher may be accepted in lieu of a fire pump.
(4) Tankships of 500 gross tons and over but not over 1,000 gross tons shall be provided with one independently power-driven pump.
(5) Tankships of over 1,000 gross tons shall be provided with two independently power-driven pumps.
(6) On tankships of 500 gross tons and over, the capacity of the combined fire pump installation shall be one-fifth gallon per minute per gross ton of the ship. The maximum total fire pump capacity required for any tankship shall be 800 gallons per minute.
(7) Each fire pump on a tankship of 500 gross tons or more must deliver enough water to the fire main so that the topmost outlet on the fire main emits two jets of water at a Pitot tube pressure of 50 pounds per square inch through two combination solid stream and water spray firehose nozzles meeting paragraph (10) of this section.
(8) On oil-burning tankships, provided with two fire pumps, where the engine and fire rooms are not entirely separated by iron or steel bulkheads, or if fuel can drain from fireroom bilges into the engineroom, one of the fire pumps shall be located in an accessible space separate from the machinery compartment. On all tankships contracted for on or after November 19, 1952, the requirements of paragraph (f) of § 34.10-5 shall be met.
(9) Fire hydrant outlets shall have a minimum diameter of 1
(10) Each fire station hydrant on a tankship of 500 gross tons or more must have at least 1 length of firehose. Each
(11) On each tankship of 1000 gross tons or more, the firehose nozzle required by paragraph (a)(10) of this section on each of the following hydrants must have a low-velocity water-spray applicator that was previously approved under subpart 162.027 and that connects to that nozzle when the nozzle itself was previously approved under subpart 162.027—
(i) At least two hydrants in the Machinery and boiler spaces; and
(ii) At least 25 percent of other hydrants.
(12) Vessels contracted for on or after July 1, 1954, shall meet the requirements of § 34.10-10(h).
(b) Installations contracted for on or after January 1, 1962, but prior to May 26, 1965, shall meet the following requirements:
(1) Existing arrangements, materials, facilities, and equipment, except firehose nozzles, previously approved shall be considered satisfactory as long as they meet the minimum requirements of this paragraph and they are maintained in good conditions to the satisfaction of the Officer in Charge, Marine Inspection. Minor repairs and alterations may be made to the same standards as the original installation.
(2) Each fire station hydrant must have at least 1 length of firehose. Each firehose on the hydrant must have a combination solid stream and water spray firehose nozzle that meets the requirements of subpart 162.027. Firehose nozzles previously approved under subpart 162.027 of this chapter may be retained so long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. If the firehose nozzles were previously approved under subpart 162.027, each of the number of hydrants in the locations listed in table 34.10-10(E) must have a low-velocity water spray applicator that—
(i) Was previously approved under subpart 162.027 of this chapter;
(ii) Is the length listed in table 34.10-10(E); and
(iii) Meets § 34.10-10(o).
Steam smothering fire extinguishing systems are not permitted on vessels contracted for on or after January 1, 1962. Previously approved installations may be retained as long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection.
(a) Where a carbon dioxide extinguishing system is installed, the provisions of this subpart, with the exception of § 34.15-90, shall apply to all installations contracted for on or after January 1, 1962. Installations contracted for prior to January 1, 1962, shall meet the requirements of § 34.15-90.
(b) The requirements of this subpart are based on a “high pressure system,” i.e., one in which the carbon dioxide is stored in liquid form at atmospheric temperature. Details for “low pressure systems,” i.e., those in which the carbon dioxide is stored in liquid form at a continuously controlled low temperature, may be specifically approved by the Commandant where it is demonstrated that a comparable degree of safety and fire extinguishing ability is achieved.
(a)
(b)
(c)
(2) Although separate piping shall be led to each cargo hold and 'tween deck, for the purpose of determining the amount of carbon dioxide required, a cargo compartment will be considered as the space between watertight or firescreen bulkheads and from the tank top or lowest deck to the deck head of the uppermost space on which cargo may be carried. If a trunk extends beyond such deck, the trunk volume shall be included. Tonnage openings shall be considered as sealed for this purpose.
(3) Branch lines to the various cargo holds and 'tween decks shall not be less than
(4) No specific discharge rate need be applied to such systems.
(d)
(2) For the purpose of the above requirement of this paragraph, the volume of a machinery space shall be taken as exclusive of the normal machinery casing unless the boiler, internal combustion propelling machinery, or fuel oil installations subject to the discharge pressure of the fuel oil service pump extend into such space, in which case the volume shall be taken to the top of the casing or the next material reduction in casing area, whichever is lower. The terms “normal machinery casing” and “material reduction in casing area” shall be defined as follows:
(i) By “normal machinery casing” shall be meant a casing the area of which is not more than 40 percent of the maximum area of the machinery space.
(ii) By “material reduction in casing area” shall be meant a reduction to at least 40 percent of the casing area.
(3) For the purpose of the above requirements of this paragraph, the volume of a pumproom shall include the pumproom and all associated trunks up to the deck at which access from the weather is provided.
(4) For tankships on an international voyage contracted for on or after May 26, 1965, the amount of carbon dioxide required for a space containing propulsion boilers or internal combustion propulsion machinery shall be as given by paragraphs (d) (1) and (2) of this section or by dividing the entire volume, including the casing, by a factor of 25, whichever is the larger.
(5) Branch lines in the various spaces shall be noted in Table 34.15-5(d)(5).
(6) Distribution piping within the space shall be proportioned from the supply line to give proper distribution to the outlets without throttling.
(7) The number, type and location of discharge outlets shall be such as to give a uniform distribution throughout the space.
(8) The total area of all discharge outlets shall not exceed 85 percent nor be less than 35 percent of the nominal cylinder outlet area or the area of the supply pipe, whichever is smaller. The nominal cylinder outlet area in square inches shall be determined by multiplying the factor 0.0022 by the number of pounds of carbon dioxide required, except that in no case shall this outlet area be less than 0.110 square inches.
(9) The discharge of at least 85 percent of the required amount of carbon dioxide shall be complete within 2 minutes.
(a) Except as noted in § 34.15-20(b), all controls and valves for the operation of the system shall be outside the space protected, and shall not be located in any space that might be cut off or made inaccessible in the event of fire in any of the spaces protected.
(b) If the same cylinders are used to protect more than one space, a manifold with normally closed stop valves shall be used to direct the carbon dioxide into the proper space. If cylinders are used to protect only one space, a normally closed stop valve shall be installed between the cylinders and the space except for systems of the type indicated in § 34.15-5(d) which contain not more than 300 pounds of carbon dioxide.
(c) Distribution piping to the dry cargo spaces shall be controlled from not more than two stations. One of the stations controlling the system for the main machinery space shall be located as convenient as practicable to one of the main-escapes from the space. All control stations and the individual valves and controls shall be marked as required by § 35.40-10 of the subchapter.
(d) Systems of the type indicated in § 34.15-5(d) shall be actuated at each station by one control operating the valve to the space and a separate control releasing at least the required amount of carbon dioxide. These two controls shall be located in a box or other enclosure clearly identified for the particular space. Systems installed without a stop valve shall be operated by one control releasing at least the required amount of carbon dioxide.
(e) Where provisions are made for the simultaneous release of a given amount of carbon dioxide by operation of a remote control, provisions shall also be made for manual control at the cylinders. Where gas pressure from pilot cylinders is used as a means for releasing the remaining cylinders, not less than two pilot cylinders shall be used for systems consisting of more than two cylinders. Each of the pilot cylinders shall be capable of manual control at the cylinder, but the remaining cylinders need not be capable of individual manual control.
(f) Systems of the type indicated in § 34.15-5(d), which are of more than 300 pounds of carbon dioxide shall be fitted with an approved delayed discharge so arranged that the alarm will be sounded for at least 20 seconds before the carbon dioxide is released into the space. Such systems of not more than 300 pounds of carbon dioxide shall also have a similar delayed discharge, except for spaces which have a suitable horizontal escape.
(g) All distribution valves and controls shall be of an approved type. All controls shall be suitably protected.
(h) Complete but simple instructions for the operation of the systems must be located in a conspicuous place at or near all pull boxes, stop valve controls and in the CO
(i) If the space or enclosure containing the carbon dioxide supply or controls is to be locked, a key to the space or enclosure shall be in a break-
(a) The piping, valves, and fittings shall have a bursting pressure of not less than 6,000 pounds p.s.i.
(b) All piping, in nominal sizes not over
(c) All piping, valves, and fittings of ferrous materials shall be protected inside and outside against corrosion unless specifically approved otherwise by the Commandant.
(d) A pressure relief valve or equivalent set to relieve between 2,400 and 2,800 pounds p.s.i. shall be installed in the distributing manifold or such other location as to protect the piping in the event that all branch line shut- off valves are closed.
(e) All deadend lines shall extend at least 2 inches beyond the last orifice and shall be closed with cap or plug.
(f) All piping, valves, and fittings shall be securely supported, and where necessary, protected against injury.
(g) Drains and dirt traps shall be fitted where necessary to prevent the accumulation of dirt or moisture. Drains and dirt traps shall be located in accessible locations where possible.
(h) Piping shall be used for no other purpose except that it may be incorporated with the fire-detecting system.
(i) Piping passing through living quarters shall not be fitted with drains or other openings within such spaces.
(j) Installation test requirements are:
(1) Upon completion of the piping installation, and before the cylinders are connected, a pressure test shall be applied as set forth in this paragraph. Only carbon dioxide or other inert gas shall be used for this test.
(2) The piping from the cylinders to the stop valves in the manifold shall be subjected to a pressure of 1,000 pounds p.s.i. With no additional gas being introduced to the system, it shall be demonstrated that the leakage of the system is such as not to permit a pressure drop of more than 150 pounds per square inch per minute for 2-minute period.
(3) The individual branch lines to the various spaces protected shall be subjected to a test similar to that described in the preceding paragraph with the exception that the pressure used shall be 600 pounds p.s.i. in lieu of 1,000 pounds p.s.i. For the purpose of this test, the distribution piping shall be capped within the space protected at the first joint ahead of the nozzles.
(4) In lieu of the tests prescribed in the preceding paragraphs in this section, small independent systems protecting spaces such as emergency generator rooms, lamp lockers, etc., may be tested by blowing out the piping with the air at a pressure of at least 100 pounds p.s.i.
(a) Except as provided in paragraph (b) of this section, the cylinders shall be located outside the spaces protected, and shall not be located in any space that might be cut off or made inaccessible in the event of a fire in any of the spaces protected.
(b) Systems of the type indicated in § 34.15-5(d), consisting of not more than 300 pounds of carbon dioxide, may have the cylinders located within the space protected. If the cylinder stowage is within the space protected, the system shall be arranged in an approved manner to be automatically operated by a heat actuator within the space in addition to the regular remote and local controls.
(c) The space containing the cylinders shall be properly ventilated and designed to preclude an anticipated ambient temperature in excess of 130 degrees F.
(d) Cylinders shall be securely fastened and supported, and where necessary, protected against injury.
(e) Cylinders shall be so mounted as to be readily accessible and capable of easy removal for recharging and inspection. Provisions shall be available for weighing the cylinders.
(f) Where subject to moisture, cylinders shall be so installed as to provide a space of at least 2 inches between the flooring and the bottom of the cylinders.
(g) Cylinders shall be mounted in an upright position or inclined not more than 30 degrees from the vertical. However, cylinders which are fitted with flexible or bent siphon tubes may be inclined not more than 80 degrees from the vertical.
(h) Where check valves are not fitted on each independent cylinder discharge, plugs or caps shall be provided for closing outlets when cylinders are removed for inspection or refilling.
(i) All cylinders used for storing carbon dioxide must be fabricated, tested, and marked in accordance with §§ 147.60 and 147.65 of this chapter.
(a) Discharge outlets shall be of an approved type.
(a) Spaces required to have a delayed discharge by § 34.15-10(f) which are protected by a carbon dioxide extinguishing system and are normally accessible to persons on board while the vessel is being navigated, other than paint and lamp lockers and similar small spaces, shall be fitted with an approved audible alarm in such spaces which will be automatically sounded before the carbon dioxide is admitted to the space. The alarm shall be conspicuously and centrally located and shall be marked as required by § 35.40-7 of this subchapter. Such alarms shall be so arranged as to sound during the 20-second delay period prior to the discharge of carbon dioxide into the space, and the alarm shall depend on no source of power other than the carbon dioxide.
(a) Except for cargo spaces, the operation of the carbon dioxide system shall automatically shut down any mechanical ventilation to that space. This will not be required where the carbon dioxide system is a secondary system in addition to another approved primary system protecting the space.
(b) Where natural ventilation is provided for spaces protected by a carbon dioxide extinguishing system, provisions shall be made for easily and effectively closing off the ventilation.
(c) Means shall be provided for closing all other openings to the space protected from outside such space. In this respect, relatively tight doors, shutters, or dampers shall be provided for openings in the lower portion of the space. The construction shall be such that openings in the upper portion of the space can be closed off either by permanently installed means or by the use of canvas or other material which is normally carried by the vessel.
(a) Where necessary, relatively tight compartments such as refrigeration spaces, paint lockers, etc., shall be provided with suitable means for relieving excessive pressure accumulating within the compartment when the carbon dioxide is injected.
(a) Installations contracted for prior to November 19, 1952, shall meet the requirements of this paragraph.
(1) Existing arrangements, materials, and facilities previously approved shall be considered satisfactory so long as they meet the minimum requirements of this paragraph and they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. Minor repairs and alterations may be made to the same standards as the original installation.
(2) The details of the systems shall be in general agreement with §§ 34.15-5 through 34.15-40 insofar as is reasonable and practicable, with the exception of § 34.15-5(d)(1) through (3) covering spaces other than cargo spaces, which systems may be installed in accordance with paragraphs (a) (4) through (7) of this section.
(3) For cargo tanks at least one pound of carbon dioxide shall be available for each 30 cubic feet of the largest cargo tank. The discharge of the required amount of carbon dioxide shall be complete within 5 minutes.
(4) In boiler rooms, the bilges shall be protected by a system discharging principally below the floor plates. Perforated pipe may be used in lieu of discharge nozzles for such systems. The
(5) In machinery spaces where main propulsion internal combustion machinery is installed, the number of pounds of carbon dioxide required shall be equal to the gross volume of the space taken to the underside of the deck forming the hatch opening divided by 22.
(6) In miscellaneous spaces other than cargo or main machinery spaces the number of pounds of carbon dioxide required shall be equal to the gross volume of the space divided by 22.
(7) Branch lines to the various spaces other than cargo and similar spaces shall be as noted in Table 34.15-90(a)(7). This table is based on cylinders having discharge outlets and siphon tubes of
(b) Installations contracted for on or after November 19, 1952, but prior to January 1, 1962, shall meet the requirements of this paragraph.
(1) Existing arrangements, materials, and facilities previously approved shall be considered satisfactory so long as they meet the minimum requirements of this paragraph and they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. Minor repairs and alterations may be made to the same standards as the original installation.
(2) The details of the systems shall be in general agreement with §§ 34.15-5 through 34.15-40 insofar as is reasonable and practicable with the exception that delayed discharges need not be provided for installations made prior to July 1, 1957.
(a) Where a fixed foam extinguishing system is installed, the provisions of this subpart with the exception of § 34.17-90, shall apply to all installations contracted for on or after January 1, 1962.
(b) Installations contracted for prior to January 1, 1962, shall meet the requirements of § 34.17-90.
(a)
(2) Where an installation is made to protect an oil-fired boiler installation on a flat which is open to or can drain to the lower engineroom or other space, both the flat and the lower space shall be protected simultaneously. The flat shall be fitted with suitable coamings on all openings other than deck drains to properly restrain the oil and foam at that level. Other installations of a similar nature will be considered in a like manner.
(b)
(2) For chemical foam systems with stored “A” and “B” solutions, a total of at least 1.6 gallons per minute of the two solutions shall be discharged for each 10 square feet of area protected.
(3) For other types of foam systems, the water rate to the dry-powder generators or air foam production equipment shall be at least 1.6 gallons per minute for each 10 square feet of area protected.
(c)
(d)
(e)
(a) The foam agent, its container, measuring devices, and other items peculiar to the system shall be of an approved type.
(b) The foam-producing material container and all controls and valves for the operation of the system shall be outside the space protected and shall not be located in such space as might be cut off or made inaccessible in the event of fire in any of the spaces protected. The control space shall be as convenient as practicable to one of the main escapes from the spaces protected, and shall be marked as required by § 35.40-10 of this subchapter. Where pumps are required, it shall not be necessary that they be started from the control space.
(c) Complete, but simple instructions for the operation of the system shall be located in a conspicuous place at or near the controls.
(d) The valves to the various spaces served shall be marked as required by § 35.40-10 of this subchapter.
(a) All piping, valves, and fittings shall meet the applicable requirements of subchapter F (Marine Engineering) of this chapter.
(b) All piping, valves, and fittings of ferrous materials shall be protected inside and outside against corrosion unless specifically approved otherwise by the Commandant.
(c) All piping, valves, and fittings shall be securely supported, and where necessary, protected against injury.
(d) Drains and dirt traps shall be fitted where necessary to prevent the accumulation of dirt or moisture.
(e) Piping shall not be used for any other purpose than firefighting, drills and testing.
(a) Discharge outlets shall be of an approved type.
(a) In order that any residual fires above the floor plates may be extinguished when a foam system is installed for the protection of machinery spaces, at least 2 fire hydrants, in addition to those required for the machinery space by subpart 34.10, shall be installed outside of the machinery space entrance. Such hydrants shall be fitted with sufficient hose so that any part of the machinery space may be reached with at least 2 streams of water, and each hose shall be equipped with an approved combination nozzle and applicator.
(a) Installations contracted for prior to January 1, 1962, shall meet the following requirements:
(1) Existing arrangements, materials, and facilities previously approved shall be considered satisfactory so long as they meet the minimum requirements of this paragraph and they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. Minor repairs and alterations may be made to the same standards as the original installation.
(2) The details of the systems shall be in general agreement with §§ 34.17-5 through 34.17-20, insofar as is reasonable and practicable. Installations contracted for prior to November 19, 1952, need not comply with paragraph (a)(2)
(3) Where a system is installed to protect a tank, it shall be so designed and arranged as to spread a blanket of foam over the entire liquid surface of the tank within the range of usual trim. The arrangement of piping shall be such as to give a relatively uniform distribution over the entire area protected.
(4) For tanks, the rate of discharge to foam outlets protecting the hazard shall be as set forth in § 34.17-5(b), except that the value of 1 gallon per minute shall be substituted in both cases for the value of 1.6 gallons per minute. The quantity of foam provided shall be sufficient to operate the equipment for 5 minutes.
(5) On installations installed prior to November 19, 1952, a semiportable foam generator using a dry-chemical mixture or mechanical foam in conjunction with the fire lines may be substituted for the fixed system subject to the following conditions:
(i) There shall be at least one fire pump of suitable capacity available which can be operated and controlled from outside the space protected.
(ii) Stop valves shall be installed in the line so that if any portion of the fire main is ruptured, the foam generator may still be operated. Connections for at least two fire hoses shall be provided between the pump and the stop valve.
(iii) If the foam system is of the portable or semiportable type, the apparatus and chemicals shall be stored in a readily accessible place protected from the weather.
(a) Where a deck foam system is installed, the provisions of this subpart, except § 34.20-90, apply to all installations that are contracted for on or after January 1, 1970, unless otherwise indicated.
(b) Installations contracted for prior to January 1, 1970, shall meet the requirements of § 34.20-90.
(c) Foreign flag crude oil tankers and product carriers required to have fixed deck foam systems by this subpart must have systems that are designed and installed in accordance with Regulation 61 of Chapter II-2 of SOLAS 1974. (Senate Document, 57-1180, GPO, Washington, 1976; “Message from the President of the United States transmitting, the International Convention for the Safety of Life at Sea, 1974, Done at LONDON, November 1, 1974”).
(a) For the purpose of this subpart, the term
(a)
(b)
(1) For usual petroleum products the rate of supply of foam solution shall be not less than the greatest of the following:
(i) 0.6 liters/min per square meter of cargo tanks deck area, where cargo tanks deck area means the maximum breadth of the ship multiplied by the total longitudinal extent of the cargo tank spaces;
(ii) 6 liters/min per square meter of the horizontal sectional area of the single tank having the largest such area; or
(iii) 3 liters/min per square meter of the area protected by the largest monitor, such area being entirely forward of the monitor, but not less than 1,250 liters/min.
(2) For polar solvent products (e.g. alcohols, ketones, etc.) the water rate shall be determined for each vessel.
(c)
(1) For installations contracted for on or after January 1, 1970, 15 minutes without recharging, except as required in paragraph (c)(2) of this section.
(2) For installations on ships that have a keel laying date on or after January 1, 1975, 20 minutes without recharging.
(d)
(e)
(a) The foam agent, its container, measuring devices, and other items peculiar to this system shall be of an approved type.
(b) The foam agent container and the main controls for operating the system shall be located in a protected space not likely to be made inaccessible in the event of a fire in any portion of the cargo area.
(c) Complete, but simple instructions for the operation of the system shall be located in a conspicuous place at or near the controls.
(d) All valves shall be marked as required by § 35.40-17.
(e) The deck foam system on each tankship that has a keel laying date on or after January 1, 1975, must be capable of being actuated, including introduction of foam to the foam main, within three minutes of notification of a fire.
(a) All piping, valves, and fittings shall meet the applicable requirements of subchapter F (Marine Engineering) of this chapter.
(b) All piping, valves, and fittings of ferrous materials shall be protected inside and outside against corrosion unless specifically approved otherwise by the Commandant.
(c) The piping and outlet arrangement shall allow the required rate of applications as contained in § 34.20-5(b), to any portion of the open deck of the cargo area through the use of the mounted and hand-held appliances that are provided. At least 50 percent of the required rate of application shall be from the mounted appliances. One or more hose outlets for hand-held appliances shall be provided at each foam station. For enclosed spaces, application of at least 1.6 gallons per minute water rate for each 10 square feet of the enclosed area for 5 minutes is acceptable. For the purpose of this paragraph, all piping is assumed to be damaged in way of the fire and an adequate number of valves shall be fitted to prevent loss of foam by closing valves to damaged piping.
(d) All piping, valves, and fittings shall be securely supported, and where necessary, protected against injury.
(e) Drains and dirt traps shall be fitted where necessary to prevent the accumulation of dirt or moisture.
(f) Piping shall not be used for any other purpose than firefighting, drills, and testing.
(g) Tankships of 100,000 or more DWT (metric) and combination carriers of 50,000 or more DWT (metric) that have a keel laying date on or after January 1, 1975, must have at least one foam station port and at least one foam station starboard that are separated from each other by a distance equal to at least one-half the beam of the vessel:
(1) At the housefront or aft of the cargo area in a location that is accessible to the crew for fighting a cargo and a pumproom fire; and
(2) If the tankship has a forward accommodations house, at the after boundary of that house.
(a) Discharge outlets shall be of an approved type.
(b) At least one mounted foam appliance shall be provided for each station that is required in § 34.20-15(c).
(c) The number of hand-held appliances provided shall be at least equal to the number of hose outlets at the two foam stations having the most hose outlets. Hand-held appliances shall be stowed in a well marked, readily accessible position that cannot be isolated by a fire involving the cargo tanks.
The capacity of each foam monitor on ships that have a keel laying date on or after January 1, 1975, must be at least 3 liters per minute per square meter (.073 gallons per minute per square foot) of cargo area protected by that monitor.
(a) Installations contracted for prior to January 1, 1970, shall meet the following requirements:
(1) Existing arrangements, materials, and facilities previously approved shall be considered satisfactory so long as they meet the minimum requirements of this paragraph and they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. Minor repairs and alterations may be made to the same standards as the original installation.
(2) For installations contracted for prior to November 19, 1952, see § 34.17-90(a)(5).
(3) Installations contracted for on or after November 4, 1957, but prior to January 1, 1970, shall meet the requirements of §§ 34.20-5 through 34.20-20 insofar as is reasonable and practicable.
(a) Where a water spray extinguishing system is installed, the provisions of this subpart, with the exception of § 34.25-90, shall apply to all installations contracted for on or after January 1, 1964. Installations contracted for prior to January 1, 1964, shall meet the requirements of § 34.50-90.
(a) The capacity and arrangement shall be such as to effectively blanket the entire area of the space protected. The rate of discharge and the arrangement of piping and spray nozzles shall be such as to give a uniform distribution over the entire area protected.
(b) The spacing of the spray nozzles shall be on the basis of the spray pattern provided by the lowest pressure at any spray nozzle in the system. In no instance shall a system be designed for any spray nozzle to be operated at a pressure less than that for which it was approved. The maximum permissible height of the spray nozzle above the protected area shall not exceed that specified in its approval. Whenever there are obstructions to coverage by the spray patterns, additional spray nozzles shall be installed to provide full coverage.
(c) The water supply shall be from outside the space protected and shall in no way be dependent upon power from the space protected. The pump supplying water for the system shall either be reserved exclusively for the system or it may be one of the fire pumps, provided the capacity of the fire pump as set forth in subpart 34.10
(a) There shall be one control valve for the operation of the system located in an accessible position outside the space protected. The control shall be located as convenient as practicable to one of the main escapes from the space protected, and shall be marked as required by § 35.40-18 of this subchapter. It shall not be necessary to start the pumps from the control space.
(b) Complete, but simple instructions for the operation of the system shall be located in a conspicuous place at or near the controls.
(c) The valve to the space protected shall be marked as required by § 35.40-18 of this subchapter.
(a) All piping, valves and fittings shall meet the applicable requirements of subchapter F (Marine Engineering) of this chapter.
(b) Distribution piping shall be of materials resistant to corrosion, except that steel or iron pipe may be used if inside corrosion resistant coatings which will not flake off and clog the nozzles are applied. Materials readily rendered ineffective by heat of a fire shall not be used. The piping shall be subject to approval for each installation.
(c) All piping, valves, and fittings shall be securely supported, and where necessary, protected against injury.
(d) Drains, strainers, and dirt traps shall be fitted where necessary to prevent the accumulation of dirt or moisture.
(e) Threaded joints shall be metal to metal, with no thread compound used.
(f) Distribution piping shall be used for no other purpose.
(g) All piping shall be thoroughly cleaned and flushed before installation of the water spray nozzles.
(a) Spray nozzles shall be of an approved type.
(a) Installations contracted for prior to January 1, 1964, shall meet the following requirements:
(1) Existing arrangements, materials, and facilities previously approved shall be considered satisfactory so long as they meet the minimum requirements of this paragraph and they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. Minor repairs and alterations may be made to the same standards as the original installation.
(2) The details of the systems shall be in general agreement with §§ 34.25-5 through 34.25-20 insofar as is reasonable and practicable.
Automatic sprinkler systems shall comply with NFPA 13-1996.
(a) The provisions of this subpart, with the exception of § 34.50-90, shall apply to all vessels contracted for on or after January 1, 1962.
(b) All vessels contracted for prior to January 1, 1962, shall meet the requirements of § 34.50-90.
(a) Portable and semiportable extinguishers shall be classified by a combination letter and number symbol. The letter indicating the type of fire which the unit could be expected to extinguish, and the number indicating the relative size of the unit.
(b) The types of fire will be designated as follows:
(1) “A” for fires in ordinary combustible materials such as mattresses, piles of wood, shavings, canvas, etc., where the quenching and cooling effects of quantities of water, or solutions containing large percentages of water, are of first importance.
(2) “B” for fires in combustible or flammable liquids such as gasoline, lubricating oil, diesel oil, greases, etc., where a blanketing or smothering effect is essential.
(3) “C” for fires in electrical equipment where the use of non-conducting extinguishing agent is of first importance so that electrical shock is not experienced by the firefighter.
(c) The number designations for size will start with “I” for the smallest to “V” for the largest. Extinguishers which have a gross weight of 55 pounds or less when fully charged are considered portable. Extinguishers which have a gross weight of more than 55 pounds when fully charged are considered semiportable and shall be fitted with suitable hose and nozzle or other practicable means so that all portions of the space concerned may be reached. Examples of size graduations for some of the typical portable and semiportable extinguishers are set forth in Table 34.50-5(c).
(a) Approved portable and semi-portable extinguishers shall be installed in accordance with Table 34.50-10(a). The location of the equipment shall be such as in the opinion of the Officer in Charge, Marine Inspection, will be most convenient in case of emergency. Where special circumstances exist, not covered by Table 34.50-10(a), the Officer in Charge, Marine Inspection, may require such additional equipment as he deems necessary for the proper protection of the vessel.
(b) For additional portable extinguishers as a substitute for sand, see § 34.55-10.
(c) Semiportable extinguishers shall be located in the open so as to be readily seen.
(d) If portable extinguishers are not located in the open or behind glass so that they may be readily seen they may be placed in enclosures together with the fire hose, provided such enclosures are marked as required by § 35.40-25 of this subchapter.
(e) Portable extinguishers and their stations shall be numbered in accordance with § 35.40-25 of this subchapter.
(f) Hand portable or semiportable extinguishers which are required on their nameplates to be protected from freezing shall not be located where freezing temperatures may be expected.
(a) Spare charges shall be carried on all vessels for at least 50 percent of each size and each variety, i.e. foam, soda-acid, carbon dioxide, etc., of portable extinguisher required by § 34.50-10(a). However, if the unit is of such variety that it cannot be readily recharged by the vessel's personnel, one spare unit of the same classification shall be carried in lieu of spare charges for all such units of the same size and variety. This section does not apply to unmanned barges.
(b) Spare charges shall be so packaged as to minimize the hazards to personnel while recharging the units.
(a) The frame or support of each size III, IV, and V fire extinguisher required by Table 34.50-10(a) must be welded or otherwise permanently attached to a bulkhead or deck.
(b) If a size III, IV, or V fire extinguisher has wheels and is not required by Table 34.50-10(a), it must be securely stowed when not in use to prevent it from rolling out of control under heavy sea conditions.
(a) Vessels contracted for prior to January 1, 1962, shall meet the following requirements:
(1) The provisions of §§ 34.50-5 through 34.50-15 shall be met with the exception that existing installations may be maintained if in the opinion of the Officer in Charge, Marine Inspection, they are in general agreement with the degree of safety prescribed by Table 34.50-10(a). In such cases, minor modifications may be made to the same standard as the original installation:
(2) [Reserved]
(b) [Reserved]
(a) The provisions of this subpart shall apply to all tankships.
(b) [Reserved]
(a) All tankships shall carry at least the minimum number of fire axes as set forth in Table 34.60-5(a). Nothing in this paragraph shall be construed as limiting the Officer in Charge, Marine Inspection, from requiring such additional fire axes as he deems necessary for the proper protection of the tankship.
(b) [Reserved]
(a) Fire axes shall be distributed throughout the spaces so as to be most readily available in the event of emergency.
(b) If fire axes are not located in the open, or behind glass, so that they may readily be seen, they may be placed in enclosures together with the fire hose, provided such enclosures are marked as required by § 35.40-15 of this subchapter.
33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.
(a) The provisions of “Standard for the Control of Gas Hazards on Vessels to be Repaired,” NFPA No. 306, published by National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be used as a guide in conducting the inspections and issuance of certificates required by this section.
(b) Until an inspection has been made to determine that such operation can be undertaken with safety, no alterations, repairs, or other such operations involving riveting, welding, burning, or like fire-producing actions shall be made:
(1) Within or on the boundaries of cargo tanks which have been used to carry flammable or combustible liquid or chemicals in bulk, or within spaces adjacent to such cargo tanks; or,
(2) Within or on the boundaries of fuel tanks; or,
(3) To pipe lines, heating coils, pumps, fittings, or other appurtenances connected to such cargo or fuel tanks.
(c) Such inspections shall be made and evidenced as follows:
(1) In ports or places in the United States or its territories and possessions, the inspection shall be made by a marine chemist certificated by the National Fire Protection Association; however, if the services of such certified marine chemist are not reasonably available, the Officer in Charge, Marine Inspection, upon the recommendation of the vessel owner and his contractor or their representative, shall select a person who, in the case of an individual vessel, shall be authorized to make such inspection. If the inspection indicates that such operations can be undertaken with safety, a certificate setting forth the fact in writing and qualified as may be required, shall be issued by the certified marine chemist or the authorized person before the work is started. Such qualifications shall include any requirements as may be deemed necessary to maintain, insofar as can reasonably be done, the safe conditions in the spaces certified, throughout the operation and shall include such additional tests and certifications as considered required. Such qualifications and requirements shall include precautions necessary to eliminate or minimize hazards that may be present from protective coatings or residues from cargoes.
(2) When not in such a port or place, and a marine chemist or such person authorized by the Officer in Charge, Marine Inspection, is not reasonably available, the inspection shall be made by the senior officer present and a proper entry shall be made in the vessel's logbook.
(d) It shall be the responsibility of the senior officer present to secure copies of certificates issued by the certified marine chemist or such person authorized by the Officer in Charge, Marine Inspection. It shall be the responsibility of the senior officer present, insofar as the persons under his control are concerned, to maintain a safe condition on the vessel by full observance of all qualifications and requirements listed by the marine chemist in the certificate.
(a) Certain materials are incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a). To enforce any edition other than the one listed in paragraph (b) of this section, notice of the change must be published in the
(b) The material approved for incorporation by reference in this part, and the sections affected is:
All other documents referenced in this part are still in effect.
It shall be the duty of the master and chief engineer of every tankship to see that such vessel and crew's quarters are kept in a sanitary condition.
Each loaded tank vessel shall have on board a bill of lading, manifest, or shipping document giving the name of the consignee and the location of the delivery point, the kind, grades, and approximate quantity of each kind and grade of cargo, and for whose account the cargo is being handled. The tank vessel shall not be delayed in order to secure exact quantities of cargo. Such manifests or bills of lading may be made out by the master, master of the towing vessel, owner, or agent of the owner:
No person not connected with the operation of a tank ship or tank barge or not having legitimate business with said vessel, shall be permitted aboard while vessel is under way unless specifically allowed by its certificate.
(a) The installation of magnesium sacrificial anodes in cargo tanks utilized for the carriage of flammable or combustible liquids in bulk is prohibited.
(b) A sacrificial anode using an aluminum alloy will be permitted in cargo tanks under the following criteria:
(1) The maximum allowable energy that can be developed by a falling anode shall be 200 foot-pounds.
(2) No anode shall be installed more than 6 feet above the bottom of the tank. Special consideration will be given when structural design prevents the anodes from falling in event of failure of the attachments.
(3) Each anode shall have at least two welded or bolted connections to the supporting structure. Special consideration will be given to proprietary attachments which provide equally safe installations.
(4) The plans of the anode installation and a chemical analysis of the alloy composition shall be submitted for approval. The anode should be magnesium free and the silicon content limited to trace amounts.
(5) The recommended construction of the anode should utilize a mild steel core with necessary attachments. Other types may be used but will require special consideration.
(c) Sacrificial anodes using materials other than those having aluminum and/or magnesium in whole or in part are permitted.
(a) No extensive repairs or alterations, except in emergency, shall be made to any fire-extinguishing apparatus, or other appliance subject to inspection, without advance notice to the Officer in Charge, Marine Inspection. Such repairs or alterations shall so far as is practicable be made with materials and tested in the manner specified within the regulations in this subchapter and subchapter Q (Specifications) of this chapter for new construction.
(b) Emergency repairs or alterations shall be reported as soon as practicable to the Officer in Charge, Marine Inspection, where the vessel may call after such repairs are made.
(a) With the exception of those open hopper type barges constructed or modified in conformance with the requirements of subpart 32.63 of this subchapter, the special operating conditions in this section apply to all other open hopper type barges carrying those cargoes listed in Table 30.25-1, of this chapter, which are defined as:
(1) Flammable liquids having a Reid vapor pressure in excess of 25 pounds per square inch, absolute, in independent tanks (part 32 of this subchapter).
(2) Liquefied flammable gases (part 38 of this subchapter).
(b) All open hopper type barges, while carrying in bulk any of the cargoes described in paragraph (a) of this section, shall be operated in conformance with the provisions in this section. However, the provisions in this section are not applicable to such barges when empty (not necessarily cleaned or gas-freed).
(c)(1) Except as otherwise provided in this section, no such open hopper type barge shall be placed as a lead barge in any tow. Such barges shall be placed in protected positions within the tow so that the danger from diving or swamping will be minimized. Where, due to operating conditions, compliance with this paragraph is impossible, the provisions of paragraph (c)(3) of this section apply. The person in charge of the towing vessels shall be responsible for compliance with this paragraph.
(2) No such open hopper type barge shall be moved from a loading facility unless all void spaces and bilges are substantially free of water. Periodic inspections and necessary pumping shall be carried out to insure the maintenance of such water-free conditions, in order to minimize the free surface effect in both the longitudinal and transverse directions. Except when otherwise considered necessary for inspection or pumping, all hatch covers and other hull closure devices for void spaces and hull compartments shall be closed and secured at all times. In the case of unmanned barges, the person in charge of the towing vessel shall be deemed to be in charge of the barge, and all requirements to be carried out on the barge shall be carried out by or under the direction of such person.
(3) When an open hopper type barge is in an exposed position, such that protection from swamping provided by adjoining barges cannot be obtained from location within the two alone, it shall be the responsibility of the person in charge of the towing vessel to control speed so as to insure protection against diving and swamping of the barge, having due regard to its design and freeboard, and to the operating conditions.
(d) To show that special operating requirements apply to a specific open hopper type barge, additional placards or signs shall be displayed in at least four different locations on the barge when the cargoes described in paragraph (a) of this section are carried in any form in the cargo tanks. The placards or signs shall be posted on the barge approximately amidships on each side and near the centerline of each end, facing outboard. Racks, or other suitable means, for mounting such placards or signs shall be so arranged as to provide clear visibility and shall be protected from becoming readily damaged or obscured. The placards or signs shall be at least equal in dimensions to the DOT standard tank car
(a) The requirements of this section shall apply to all tank barges carrying those cargoes listed on Table 30.25-1, of this chapter, which are defined as:
(1) Flammable liquids having a Reid vapor pressure in excess of 25 pounds per square inch, absolute, in independent tanks (part 32 of this subchapter).
(2) Liquefied flammable gases (part 38 of this subchapter).
(b) All tank barges constructed or modified in conformance with the requirements of subpart 32.63 of this subchapter are exempt from the provisions of § 35.01-45.
(c) When it is necessary to operate box or square-end barges as lead barges of tows, the person in charge of the towing vessel shall control the speed to insure protection against diving and swamping of such barges, having due regard to their design and freeboard, and to the operating conditions.
(d) All barges, while carrying in bulk any of the cargoes described in paragraph (a) of this section, shall be operated in conformance with the provisions of this section. However, the provisions of this section are not applicable to such barges when empty and gas-freed.
(e) Barges shall not be moved from a loading facility unless all bilges and void spaces (except those used for ballasting) are substantially free of water. Periodic inspections and necessary pumping shall be carried out to insure maintenance of such water-free condition in order to minimize the free surface effects, both in the longitudinal and transverse directions. Except when otherwise considered necessary for inspection or pumping, all hatch covers and other hull closure devices for void spaces and hull compartments other than cargo spaces shall be closed and secured at all times.
(f) During the time the cargo tanks contain dangerous cargoes described in paragraph (a) of this section in any amount, in the liquid or gaseous state, the barge shall be under constant surveillance.
(1) A strict watch of each unmanned barge in tow shall be maintained from the towing vessel while underway.
(2) A towing vessel engaged in transporting such unmanned barges shall not leave them unattended. When a barge is moored, but not gas free, it shall be under the observation of a watchman who may be a member of the complement of the towing vessel, or a terminal employee, or other person. Such person shall be responsible for the security of the barge and for keeping unauthorized persons off the barge.
(g) The owner, operator, master, or person in charge of any barge carrying dangerous cargoes described in paragraph (a) of this section shall insure that, while the barge is being towed and during cargo transfer operations, the persons as required by § 31.15-5 of this subchapter and § 35.35-1 are provided.
(a) The master shall ensure that pilot boarding equipment is maintained as follows:
(1) The equipment must be kept clean and in good working order.
(2) Each damaged step or spreader step on a pilot ladder must be replaced in kind with an approved replacement step or spreader step, prior to further use of the ladder. The replacement step or spreader step must be secured by the
(b) The master shall ensure compliance with the following during pilot boarding operations:
(1) Only approved pilot boarding equipment may be used.
(2) The pilot boarding equipment must rest firmly against the hull of the vessel and be clear of overboard discharges.
(3) Two man ropes, a safety line and an approved lifebuoy with an approved water light must be at the point of access and be immediately available for use during boarding operations.
(4) Rigging of the equipment and embarkation/debarkation of a pilot must be supervised in person by a deck officer.
(5) Both the equipment over the side and the point of access must be adequately lit during night operations.
(6) If a pilot hoist is used, a pilot ladder must be kept on deck adjacent to the hoist and available for immediate use.
Masters and pilots shall exclude from the pilothouse and navigation bridge while underway, all persons not connected with the navigation of the vessel. However, licensed officers of vessels, persons regularly engaged in training, regulating, evaluating, or learning the profession of pilot, officials of the United States Coast Guard, United States Navy, United States Coast and Geodetic Survey, United States Army Corps of Engineers, Maritime Administration, and National Transportation Safety Board may be allowed in the pilothouse or upon the navigation bridge upon the responsibility of the master or pilot.
(a) Provisions of this subpart shall apply to all tank vessels.
(a) Each buoyant work vest carried under the permissive authority of this section must be approved under—
(1) Subpart 160.053 of this chapter; or
(2) Subpart 160.077 of this chapter as a commerical hybrid PFD.
(a) Approved buoyant work vests are considered to be items of safety apparel and may be carried aboard tank vessels to be worn by crew members when working near or over the water under favorable working conditions. They shall be used under the supervision and control of designated ship's officers. When carried, such vests shall not be accepted in lieu of any portion of the required number of approved life preservers and shall not be substituted for the approved life preservers required to be worn during drills and emergencies.
(a) The approved buoyant work vests shall be stowed separately from the regular stowage of approved life preservers.
(b) The locations for the stowage of work vests shall be such as not to be easily confused with that for approved life preservers.
(a) Each work vest shall be subject to examination by a marine inspector to determine its serviceability. If found to be satisfactory, it may be continued in service, but shall not be stamped by a marine inspector with a Coast Guard stamp. If a work vest is found not to be in a serviceable condition, then such work vest shall be removed from the vessel. If a work vest is beyond repair, it shall be destroyed or mutilated in the presence of a marine inspector so as to prevent its continued use as a work vest.
(a) In addition to the other requirements in this subpart, commercial hybrid PFD's must be—
(1) Used, stowed, and maintained in accordance with the procedures set out in the manual required for these devices by § 160.077-29 of this chapter and any limitation(s) marked on them; and
(2) Of the same or similar design and have the same method of operation as each other hybrid PFD carried on board.
No tankship of the United States shall be navigated unless she shall have in her service and on board such complement of licensed officers and crew, including certificated lifeboatmen and certificated tankermen where required by the regulations in this subchapter, separately stated, as called for in her certificate of inspection.
(a)
(b)
(i) Ensuring that any tank barge added to the tow has all tank openings properly secured; has its freeing-ports and scuppers, if any, unobstructed; meets any loadline or freeboard requirements; and neither leaks cargo into the water, voids, or cofferdams nor leaks water into the tanks, voids, or cofferdams;
(ii) Ensuring that every tank barge in the tow is properly secured within the tow;
(iii) Ensuring that periodic checks are made of every tank barge in the tow for leakage of cargo into the water, voids, or cofferdams and for leakage of water into the tanks, voids, or cofferdams;
(iv) Knowing the cargo of every tank barge in the tow, any hazards associated with the cargo, and what to do on discovery of a leak;
(v) Ensuring that the crew of the vessel know the cargo of every tank barge in the tow, any hazards associated with the cargo, and what to do on discovery of a leak;
(vi) Reporting to the Coast Guard any leaks from a tank barge in the tow into the water, as required by 33 CFR 151.15; and
(vii) Ensuring that the crew of the vessel and other personnel in the vicinity of the tank barges in the tow follow the proper safety precautions for tank vessels, and that no activity takes place in the vicinity of the barges that could create a hazard.
(2) When a barge is moored and contains more oil than the normal clingage and unpumpable bilge or sump residues, the barge must be kept under surveillance by a person responsible for the security of the barge and for keeping unauthorized persons off the barge.
(3) When a barge is moored and contains no oil but is not gas free:
(i) It must be maintained under surveillance as required in paragraph (b)(2) of this section; or
(ii) All cargo tank hatches must be clearly marked in not less than three inch lettering “Danger—Keep Out,” and all hatch covers must be closed and dogged down in such a way that the hatch cannot be opened by the use of bare hands alone.
No person shall be engaged as a member of the crew on a tank vessel if he is known by the employer to be physically or mentally incapable of performing the duties assigned him.
(a) No person, known by the individual in charge of a tank vessel to be under the influence of liquor or other stimulant, or to be ill to such an extent as to unfit him for any particular service on the tank vessel, shall be allowed to perform such service while in such condition.
(b) When a member of the crew of a tank vessel which is loading bulk cargo of Grade A, B, or C arrives at the gangway and is observed to be in an intoxicated condition, he shall not be permitted to board the vessel without escort.
(a) Except as specifically noted, the provisions of this subpart shall apply to all tank vessels.
(a) The master or person in charge of a vessel that is required by 46 U.S.C. 11301 to have an official logbook shall maintain the logbook on form CG-706. The official logbook is available free to masters of U.S.-flag vessels from the officer in Charge, Marine Inspection, as form CG-706B or CG-706C, depending on the number of persons employed in the crew. When the voyage is completed, the master or person in charge shall file the logbook with the Officer in Charge, Marine Inspection.
(b) The master or person in charge of a vessel that is not required by 46 U.S.C. 11301 to have an official logbook, shall maintain, on board, an unofficial logbook or record in any form desired for the purposes of making entries therein as required by law or regulations in this subchapter. Such logs or records are not filed with the Officer in Charge, Marine Inspection, but must be kept available for review by a marine inspector for a period of 1 year after the date to which the records refer. Separate records of tests and inspections of fire fighting equipment must be maintained with the vessel's logs for the period of validity of the vessel's certificate of inspection.
(a)
(b)
(1) Onboard training, musters, and drills: held in accordance with subchapter W (Lifesaving Appliances or Arrangements) of this chapter.
(2) Draft and load line marks. For tankships of 150 gross tons and over, prior to leaving port for ocean, coastwise, and Great Lakes voyages only. See § 35.20-5.
(3) Verification of vessel compliance with applicable stability requirements. After loading and prior to departure and at all other times necessary to assure the safety of the vessel. See § 35.20-7.
(4) Steering gear tests. Prior to departure, or for tank ships on voyages of less than 48 hours duration or tankships operating on lakes, bays, sounds and rivers, once every week. See § 35.20-10.
(5) Fuel oil data. Upon receipt of fuel oil on board to be used as fuel. See § 35.25-10.
(6) Inspections and tests of firefighting equipment. Once every year. See § 31.10-18 of this subchapter.
(7) Operation and inspection of the emergency lighting and power systems. Once in each week that the vessel is navigated. See § 35.10-15.
(8) Cargo gear inspections: At least once a month. See § 31.37-70 of this subchapter.
(c)
(1) Inspections and tests of firefighting equipment. Once every year. See § 31.10-18 of this subchapter.
(2) Draft and load line marks. For tank barges of 150 gross tons and over, prior to leaving port for ocean, coastwise, and Great Lakes voyages only.
(3) Cargo gear inspections: At least once a month. See § 31.37-70 of this subchapter.
(4) Verification of vessel compliance with applicable stability requirements. After loading and prior to departure and at all other times necessary to assure the safety of the vessel. See § 35.20-7.
If a stability letter is issued under § 170.120 of this chapter, it must be posted under glass or other suitable transparent material in the pilothouse of the vessel.
Onboard training, musters, and drills must be in accordance with subchapter W (Lifesaving Appliances and Arrangements) of this chapter.
Barges with sleeping accommodations for more than six persons and all sef-propelled vessels shall have permanently exhibited for the guidance of the officer in charge of the vessel the following plans:
(a) General arrangement plans showing for each deck the fire control stations, the various sections enclosed by fire-resisting bulkheads, together with particulars of the fire alarms, detecting systems, the sprinkle installation (if any), the fire extinguishing appliances, means of access to different compartments, decks, etc., and the ventilating systems including particulars of the maste fan controls, the positions of dampers, the location of the remote means of stopping fans, and identification numbers of the ventilating fans serving each section. If cargo compartments are “specially suited for vehicles,” they shall be so indicated on the plan. Alternatively, at the discretion of the Commandant, the aforementioned details may be set out in any other medium, such as a booklet or on computer software, provided that the aforementioned details are available to each officer and a copy is retained on board at all times and is accessible during emergencies. For vessels constructed on or after September 30, 1997 or for existing vessels which have their plans redrawn, the symbols used to identify the aforementioned details shall be in accordance with IMO Assembly resolution A.654(16). These identical symbols can also be found in ASTM Adjunct F 1626 (incorporated by reference, see § 35.01-3).
(b) Plans showing clearly for each deck the boundaries of the watertight compartments, the openings therein with the means of closure and position of any controls thereof, and the arrangements for the correction of any list due to flooding.
(c) The information contained in the plans shall be kept up-to-date, and any changes shall be recorded as soon as possible.
The requirements for muster lists, emergency signals, and manning must be in accordance with subchapter W (Lifesaving Appliances and Arrangements) of this chapter.
(a) Where fitted, it shall be the duty of the master to see that the emergency lighting and power systems are tested and inspected at least once in each week that the vessel is navigated to be assured that the system is in proper operating condition.
(b) Internal combustion engine driven emergency generators shall be tested under load for at least 2 hours, at least once in each month that the vessel is navigated.
(c) Storage batteries for emergency lighting and power systems shall be tested at least once in each 6-month period that the vessel is navigated to demonstrate the ability of the storage battery to supply the emergency loads for the period of time specified in Table 112.05-5(a) of this chapter.
(d) The date of the tests required by this section and the condition and performance of the apparatus shall be noted in the vessel's Official Logbook or in logs or records considered to take the place of the Official Logbook.
The requirements for providing notice and reporting of marine casualties and for retaining voyage records are contained in part 4 of this chapter.
(a) Licensed officers are required to acquaint themselves with the latest information published by the Coast Guard and the National Imagery and Mapping Agency regarding aids to navigation, and neglect to do so is evidence of neglect of duty. It is desirable that vessels navigating oceans and coastwise and Great Lakes water shall have available in the pilothouse for convenient reference at all times a file of the applicable Notice to Mariners.
(b) Weekly Notices to Mariners (Great Lakes Edition), published by the Commander, 9th Coast Guard District, contain announcements and information on changes in aids to navigation and other marine information affecting the safety of navigation on the Great Lakes. These notices may be obtained free of charge, by making application to Commander, 9th Coast Guard District.
(c) Weekly Notices to Mariners (worldwide coverage) are prepared jointly by the National Imagery and Mapping Agency, National Ocean Service, and the U.S. Coast Guard. They include changes in aids to navigation in assembled form for the 1st, 5th, 7th, Greater Antilles Section, 8th, 11th, 13th, 14th, and 17th Coast Guard Districts. Foreign marine information is also included in these notices. These notices are available without charge from the National Imagery and Mapping Agency, U.S. Collector of Customs of the major seaports in the United States and are also on file in the U.S. Consulates where they may be inspected.
(d) As appropriate for the intended voyage, all vessels must carry adequate and up-to-date:
(1) Charts;
(2) Sailing directions;
(3) Coast pilots;
(4) Light lists;
(5) Notices to mariners;
(6) Tide tables;
(7) Current tables; and
(8) All other nautical publications necessary.
The master of every tankship shall, whenever leaving port, enter the maximum draft of his vessel in the logbook.
(a) Except as provided in paragraph (d) of this section, after loading and prior to departure and at all other times necessary to assure the safety of the vessel, the master or person in charge shall determine that the vessel complies with all applicable stability requirements in the vessels's trim and stability book, stability letter, Certificate of Inspection, and Load Line Certificate, as the case may be. The vessel may not depart until it is in compliance with these requirements..
(b) When determining compliance with applicable stability requirements the vessel's draft, trim, and stability must be determined as necessary.
(c) If a log book is required by § 35.07-5, then the master or person in charge must enter an attestation statement verifying that the vessel complies with the applicable stability requirements at the times specified in paragraph (a) and any stability calculations made in support of the determination must be retained on board the vessel for the duration of the voyage.
(d) Stability verification is not required for tank barges whose Certificate of Inspection carries draft restrictions for purposes other than stability.
On all tankships making voyages of more than 48 hours' duration, the entire steering gear, the whistle, the means of communication, and the signaling appliances between the bridge or pilothouse and engineroom shall be examined and tested by a licensed officer of the vessel within a period of not more than 12 hours before leaving port. All such vessels making voyages of less than 48 hours' duration or operating on lakes, bays, sounds, and rivers shall be so examined and tested at least once in every week. The fact and time of such examination and test shall be recorded in the ship's logbook.
Nothing in this part shall exonerate any master or officer in command from the consequences of any neglect to keep a proper lookout or the neglect of any precaution which may be required by the ordinary practice of seamen or by the special circumstances of the case.
No person shall flash, or cause to be flashed, the rays of a search light or other blinding light onto the bridge or into the pilothouse of any vessel under way.
The unnecessary sounding of a vessel's whistle is prohibited within any harbor limits of the United States.
For each ocean and coastwise tankship of 1,600 gross tons or over, the following apply:
(a) The following maneuvering information must be prominently displayed in the pilothouse on a fact sheet:
(1) For full and half speed, a turning circle diagram to port and starboard that shows the time and the distance of advance and transfer required to alter the course 90 degrees with maximum rudder angle and constant power settings.
(2) The time and distance to stop the vessel from full and half speed while maintaining approximately the initial heading with minimum application of rudder.
(3) For each vessel with a fixed propeller, a table of shaft revolutions per minute for a representative range of speeds.
(4) For each vessel with a controllable pitch propeller a table of control settings for a representative range of speeds.
(5) For each vessel that is fitted with an auxiliary device to assist in maneuvering, such as a bow thruster, a table of vessel speeds at which the auxiliary device is effective in maneuvering the vessel.
(b) The maneuvering information must be provided for the normal load and normal ballast condition for:
(1) Calm weather—wind 10 knots or less, calm sea;
(2) No current;
(3) Deep water conditions—water depth twice the vessel's draft or greater; and
(4) Clean hull.
(c) At the bottom of the fact sheet, the following statement must appear:
(1) Calm weather—wind 10 knots or less, calm sea;
(2) No current;
(3) Water depth twice the vessel's draft or greater;
(4) Clean hull; and
(5) Intermediate drafts or unusual trim.
(d) The information on the fact sheet must be:
(1) Verified six months after the vessel is placed in service; or
(2) Modified six months after the vessel is placed into service and verified within three months thereafter.
(e) The information that appears on the fact sheet may be obtained from:
(1) Trial trip observations;
(2) Model tests;
(3) Analytical calculations;
(4) Simulations;
(5) Information established from another vessel of similar hull form, power, rudder and propeller; or
(6) Any combination of the above.
(f) The requirements for information for fact sheets for specialized craft such as semi-submersibles, hydrofoils, hovercraft and other vessels of unusual design will be specified on a case by case basis.
Except as provided in 33 CFR 164.13, when the automatic pilot is used in:
(a) Areas of high traffic density;
(b) Conditions of restricted visibility; and
(c) All other hazardous navigational situations, the master shall ensure that:
(1) It is possible to immediately establish manual control of the ship's steering;
(2) A competent person is ready at all times to take over steering control; and
(3) The changeover from automatic to manual steering and vice versa is made by, or under, the supervision of the officer of the watch.
It shall be the duty of an engineer when assuming charge of the boilers to examine the same forthwith and thoroughly. If any part thereof is found in bad condition, the engineer shall immediately report the facts to the master, owner, or agent, and to the nearest Officer in Charge, Marine Inspection.
(a) Before making any repairs to boilers or unfired pressure vessels, the chief engineer shall submit a report covering the nature of the repairs to the Officer in Charge, Marine Inspection, at or nearest to the port where the repairs are to be made.
(b) In the event of an accident to a boiler, unfired pressure vessel, or machinery tending to render the further use of the item itself unsafe until repairs are made, or if by ordinary wear such items become unsafe, a report shall be made by the chief engineer immediately to the Officer in Charge, Marine Inspection, or if at sea, immediately upon arrival at port.
(a) Oil to be used as fuel to be burned under boilers on tankships shall have a flashpoint of not less than 140°F. (Pensky-Martens Closed Cup Method, ASTM D 93) (incorporated by reference, see § 35.01-3).
(b) It shall be the duty of the chief engineer to make an entry in the log of each supply of fuel oil received on board, stating the quantity received, the name of the vendor, the name of the oil producer, and the flashpoint (Pensky-Martens Closed Cup Method, ASTM D 93) (incorporated by reference, see § 35.01-3) for which it is certified by the producer.
(c) It shall be the further duty of the chief engineer to draw and seal at the time the supply is received on board, a half-pint sample of each lot of fuel oil, such sample to be preserved until that particular supply of oil is exhausted.
It shall be the duty of the chief engineer of any tank vessel to see that a steam pressure is not carried in excess of that allowed by the certificate of inspection, and to see that the safety valves, once set by the inspector, are in no way tampered with or made inoperative.
(a)
(b)
No open lights.
No smoking.
No visitors.
(c)
(d) [Reserved]
(e) Additional placards or signs required in connection with the movement of certain open hopper type barges are described in § 35.01-45.
(a)
(b)
(c)
(d)
No cargo tank hatches, ullage holes, or Butterworth plates shall be opened or shall remain open without flame screens, except under the supervision of the senior members of the crew on duty, unless the tank opened is gas free.
(a) The provisions of this section shall apply only to United States flag vessels.
(b) Manned tank barges and tankships authorized to carry Grade A, B, C, or D liquids at any temperature, or Grade E liquids at elevated temperatures, shall be provided with a combustible gas indicator suitable for determining the presence of explosive concentrations of the cargo carried. An indicator which bears the label of Underwriters' Laboratories Inc., Factory Mutual Engineering Division, or other organizations acceptable to the Commandant will be accepted as meeting this requirement.
(a) Two emergency outfits, stored for use in widely separated, accessible locations, are required for the following:
(1) All tankships on international voyage.
(2) All tankships over 1,000 gross tons.
(3) All tankships having cargo tanks which exceed 15 feet in depth, measured from the deck to the lowest point at which cargo is carried.
(b) One emergency outfit is required for all manned tank barges having cargo tanks which exceed 15 feet in depth, measured from the deck to the lowest point at which cargo is carried.
(c) Each emergency outfit shall be equipped as follows:
(1) One pressure-demand, open-circuit, self-contained breathing apparatus, approved by the Mine Safety and Health Administration (MSHA) and by the National Institute for Occupational Safety and Health (NIOSH) and having at a minimum a 30-minute air supply, a full facepiece, and a spare charge.
(2) One lifeline with a belt or a suitable harness.
(3) One, Type II or Type III, flashlight constructed and marked in accordance with ASTM F 1014 incorporated by reference, see § 35.01-3).
(4) One fire ax.
(5) Boots and gloves of rubber or other electrically nonconducting material.
(6) A rigid helmet which provides effective protection against impact.
(7) Protective clothing of material that will protect the skin from the heat of fire and burns from scalding steam. The outer surface shall be water resistant.
(d) A self-contained compressed-air breathing apparatus previously approved by MSHA and NIOSH under part 160, subpart 160.011, of this chapter may continue in use as required equipment if it was part of the vessel's equipment on November 23, 1992, and as long as it is maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection.
(e) Lifelines shall be of steel or bronze wire rope. Steel wire rope shall be either inherently corrosion resistant or made so by galvanizing or tinning. Each end shall be fitted with a hook with keeper having a throat opening which can be readily slipped over a 5/8-inch bolt. The total length of the lifeline shall be dependent upon the size and arrangement of the vessel, and more than one line may be hooked together to achieve the necessary length. No individual length of lifeline may be
Fulminates or other detonating compounds in bulk in dry condition; explosive compositions that ignite spontaneously or undergo marked decomposition when subjected for forty-eight consecutive hours to a temperature of 167° F. or more; composition containing an ammonium salt and a chlorate; and other like explosives shall not be accepted, stored, stowed or transported on board tank vessels.
Portable electric equipment must not be used in a hazardous location described in subpart 111.105 of this chapter except:
(a) Self-contained, battery-fed, explosion-proof lamps approved by Underwriters Laboratories Inc., Factory Mutual Research Corporation, or other independent laboratory recognized by the Commandant, for use in a Class I, Division 1 location for the electrical group classification of the cargo;
(b) Intrinsically safe equipment approved by Underwriters Laboratories Inc., Factory Mutual Research Corporation, or other independent laboratory recognized by the Commandant, for use in a Class I, Division 1 location for the electrical group classification of the cargo; and
(c) Any electrical equipment, if:
(1) The hazardous location is:
(i) Enclosed; and
(ii) Gas free;
(2) The adjacent compartments are:
(i) Gas free;
(ii) Inerted;
(iii) Filled with water;
(iv) Filled with Grade E liquid; or
(v) Spaces where flammable gases are not expected to accumulate; and:
(3) Each compartment where flammable gas is expected to accumulate is:
(i) Closed; and
(ii) Secured.
(a) Where Grades A, B, C, and D liquid cargoes are involved, power driven or manually operated spark producing devices shall not be used in bulk cargo tanks, fuel oil tanks, cargo pumprooms, or enclosed spaces immediately above or adjacent to bulk cargo tanks unless all the following conditions are met:
(1) The compartment itself is gas-free;
(2) The compartments adjacent and the compartments diagonally adjacent are either (i) gas-free, (ii) inerted, (iii) filled with water, (iv) contain Grade E liquid and are closed and secured, or (v) are spaces in which flammable vapors and gases normally are not expected to accumulate; and,
(3) All other compartments of the vessel in which flammable vapors and gases may normally be expected to accumulate are closed and secured.
(b) This section does not prohibit the use of small hand tools in such locations.
Flammable liquids and gases other than diesel fuel, to be used as fuel for approved equipment must satisfy the following:
(a) Stowage must be in containers approved by DOT or A.S.M.E. for the contents carried, or in a portable safety container approved by a recognized testing laboratory for the contents carried.
(b) The contents must be marked on the containers, and the containers must be labeled in accordance with DOT requirements for flammable liquids and gases.
(c) Containers must be stowed on or above the weather deck in locations designated by the master. Containers specified in paragraph (a)(1) of this section which do not exceed a capacity of
(a) On each tankship required to be documented under the laws of the United States, the owner, managing operator, master, and person in charge of the vessel, and each of them, shall ensure that—
(1) Enough “Tankerman-PICs” or restricted “Tankerman-PICs”, and “Tankerman-Assistants”, authorized for the classification of cargo carried, are on duty to safely transfer liquid cargo in bulk or safely clean cargo tanks; and
(2) Each transfer of liquid cargo in bulk and each cleaning of a cargo tank is supervised by a person qualified to be the person in charge of the transfer or the cleaning under subpart C of 33 CFR part 155.
(b) On each United States tank barge subject to inspection—
(1) The owner, managing operator, master, and person in charge of the vessel, and each of them, shall ensure that no transfer of liquid cargo in bulk or cleaning of a cargo tank takes place unless under the supervision of a qualified person designated as the person in charge of the transfer or the cleaning under subpart C of 33 CFR part 155; and
(2) The person designated as the person in charge of the transfer shall ensure that—
(i) Enough qualified personnel are on duty to safely transfer liquid cargo in bulk or safely clean cargo tanks; and
(ii) The approved portable extinguishers required by Table 34.50-10(a) of this chapter are aboard and readily available before any transfer of liquid cargo in bulk or any operation of barge machinery or boilers.
(c) On each foreign tankship, the owner, managing operator, master, and person in charge of the vessel, and each of them, shall ensure that—
(1) Enough personnel, qualified for the classification of cargo carried, are on duty to safely transfer liquid cargo in bulk or safely clean cargo tanks; and
(2) Each transfer of liquid cargo in bulk and each cleaning of a cargo tank is supervised by a qualified person designated as a person in charge of the transfer or the cleaning under subpart C of 33 CFR part 155.
(d) On each foreign tank barge—
(1) The owner, managing operator, master, and person in charge of the vessel, and each of them, shall ensure that no transfer of liquid cargo in bulk or cleaning of a cargo tank takes place unless under the supervision of a qualified person designated as the person in charge of the transfer or the cleaning under subpart C of 33 CFR part 155.
(2) The person designated as the person in charge of the transfer shall ensure that enough qualified personnel are on duty to safely transfer liquid cargo in bulk or safely clean cargo tanks.
(e) The person in charge of the transfer of liquid cargo in bulk on the tank vessel shall be responsible for the safe loading and discharge of the liquid cargo in bulk.
(f) The person in charge of the transfer of liquid cargo in bulk on each United States tank vessel, when lightering to or from a foreign tank vessel, shall ensure that the person in charge on the foreign tank vessel, or his or her interpreter, is capable of reading, speaking, and understanding the English language well enough to allow a safe transfer.
A tank vessel may be electrically connected to the shore piping, through which the cargo is to be transferred, prior to the connecting of a cargo hose. This electrical connection, if made, shall be maintained until after the cargo hose has been disconnected, and any spillage has been removed.
The person in charge of each transfer of liquid cargo in bulk shall ensure that all freeing-ports and scuppers are properly plugged during the transfer
(a) Movement of the vessel must be considered to insure safe cargo transfer. Suitable material must be used in joints and in couplings to insure that connections are tight. A bolted flanged coupling must not have less than four bolts, under any circumstances.
(b) When cargo connections are supported by ship's tackle, the person in charge of the transfer of liquid cargo in bulk shall determine the weights involved to ensure that adequate tackle is used.
(c) Pans or buckets shall be placed under cargo hose connections on the tank vessel.
Before the transfer of liquid cargo in bulk, the person in charge of the transfer shall inspect the vessel to ensure the following:
(a) Warnings are displayed as required.
(b) No repair work in way of cargo spaces is being carried on without his permission.
(c) Cargo connections have been made as described in § 35.35-15 and cargo valves are set.
(d) All cargo connections have been made to the vessel's pipeline, and not through an open end hose led through a hatch.
(e) In loading Grades A, B, and C cargoes, there are no fires or open flames present on the deck, or in any compartment which is located on, facing, open, and adjacent to that part of the deck on which cargo connections have been made.
(f) The shore terminal or the other tank vessel concerned has reported itself in readiness for transfer of cargo.
(g) All sea valves connected to the cargo piping system are closed.
(h) In loading Grades A, B, and C cargoes, that an inspection has been made to determine whether boiler fires can be maintained with reasonable safety.
(i) In loading Grades A, B, and C cargoes, that an inspection has been made to determine whether galley fires can be maintained with reasonable safety.
(j) In loading Grades A, B, or C cargoes, that an inspection has been made to determine whether smoking may be permitted with reasonable safety in areas other than the weather deck.
(k) On tankships the construction or conversion of which is started on or after July 1, 1951, which are to load or discharge Grade A cargo, all openings in the top of the tanks, except the branch vent lines and covers to ullage hole sounding pipes, are tightly closed. (See §§ 32.20-20 and 32.55-20 of this subchapter.)
(l) On tankships the construction or conversion of which is started on or after July 1, 1951, which are to load or discharge Grade A cargo, the method for determining the liquid level in the tank without opening ullage holes, cargo hatches or Butterworth plates is in proper order. (See § 32.20-20 of this subchapter.)
(m) When a transfer operation includes collection of cargo vapor from a vessel's cargo tanks through a vapor control system not located on the vessel:
(1) Each part of the vapor collection system is aligned to allow vapor to flow to a facility vapor control system, or if lightering, to the other vessel;
(2) Vapor collection hoses or arms are connected to the vessel vapor collection connection;
(3) The electrical insulation requirements of 33 CFR 154.810(g) or § 39.40-3(c) of this subchapter are provided between the vessel vapor connection and the facility or service vessel vapor connection;
(4) The maximum cargo transfer rate is determined in accordance with § 39.30-1(d) of this subchapter;
(5) The maximum and minimum operating pressures at the facility vapor connection, or vessel vapor connection if lightering, are determined;
(6) The overfill control system on a tank barge, if fitted in accordance with § 39.20-9(b) of this subchapter, is connected to the facility, tested and operating properly;
(7) Each alarm required by §§ 39.20-7, 39.20-9 and 39.40-3(a) of this subchapter has been tested not more than 24 hours prior to the start of the transfer operation and is operating properly;
(8) Each vapor recovery hose has no unrepaired loose covers, kinks, bulges, soft spots, or any other defect which would permit the discharge of vapors through the hose material, and no gouges, cuts, or slashes that penetrate the first layer of hose reinforcement; and
(9) The oxygen content of the vessel's cargo tanks, if inerted, is at or below 8 percent by volume.
When the person in charge of the transfer of liquid cargo in bulk has ensured that the requirements of §§ 35.35-20 and 35.35-30 have been met, he or she may give approval to start the transfer.
(a) After an inspection under § 35.35-20, but before a transfer of cargo, fuel oil, or bunkers may commence as described in this section and 33 CFR 156.120 and 156.150, the person in charge of the transfer shall prepare, in duplicate, a Declaration of Inspection. The original must be kept aboard the vessel, and the duplicate provided to the terminal supervisor or that person's representative. The supervisor or the representative may, upon demand, inspect the vessel to determine whether its condition is as stated on the Declaration of Inspection.
(b) The Declaration of Inspection may be in any form, but must contain at least:
I, __________, the person in charge of the transfer of liquid cargo in bulk about to begin, do certify that I have personally inspected this vessel with reference to the following requirements set forth in 46 CFR 35.35-20, and that opposite each of the applicable items listed below I have indicated whether the vessel complies with all pertinent regulations.
(1) Are warnings displayed as required?
(2) Is there any repair work in way of cargo spaces being carried on for which permission has not been given?
(3) Have cargo connections been made as described in 46 CFR 35.35-15 and are cargo valves set?
(4) Have all cargo connections been made to the vessel's pipeline and not through an open-end hose led through a hatch?
(5) Are there any fires or open flames present on the deck or in any compartment which is located on, open or adjacent to or facing the main deck of the vessels on which the cargo connections have been made?
(6) Has the shore terminal or other tank vessel concerned reported itself in readiness for transfer of cargo?
(7) Are sea valves connected to the cargo piping system closed?
(8) If Grades, A, B, or C cargoes are to be loaded and boiler fires are lighted, has an inspection been made to determine whether these fires may be maintained with reasonable safety?
(9) If Grades A, B, or C cargoes are to be loaded and galley fires are lighted, has an inspection been made to determine whether the galley fires may be maintained with reasonable safety?
(10) If Grades A, B, or C cargoes are to be loaded, has an inspection been made to determine whether smoking is to be permitted in areas not on the weather decks?
(11) If smoking is to be permitted in areas not on the weather decks, have those areas been designated?
(12) Is the inert gas system being operated as necessary to maintain an inert atmosphere in the cargo tanks in compliance with 46 CFR 32.53-5?
(13) Have the applicable sections of the vessel response plan been reviewed before commencing transfer, and arrangements or contingencies made for implementation of the Plan should the need arise?
(c) In addition to the requirements in paragraph (b) of this section, if a transfer operation includes the collection of cargo vapor from a vessel's cargo tanks through a vapor control system not located on the vessel, the Declaration of Inspection must include the following as an appendix:
(1) Is each part of the vapor collection system aligned to allow vapor to flow to the facility vapor connection or, if lightering, to the other vessel?
(2) Are the vapor collection hoses or arms connected to the vessel's vapor collection connection?
(3) Are the vessel and facility vapor connections electrically isolated?
(4) Have the initial transfer rate and the maximum transfer rate been determined?
(5) Have the maximum and minimum operating pressures at the facility vapor connection, or the vessel vapor connection if lightering, been determined?
(6) Have all alarms required by §§ 39.20-7, 39.20-9 and 39.40-3(a) of this subchapter been tested within 24 hours prior to the start of the transfer operation and found to be operating properly?
(7) Is each vapor recovery hose free of unrepaired loose covers, kinks, bulges, soft spots, or any other defect which would permit the discharge of vapors through the hose material, and gouges, cuts, or slashes that penetrate the first layer of hose reinforcement?
(8) Has the oxygen concentration of all inerted cargo tanks been verified to be 8 percent or less?
The person in charge of the transfer of liquid cargo in bulk, fuel oil in bulk, or bunkers in bulk shall control the transfer as follows:
(a) Supervise the operations of cargo-system valves.
(b) Commence transfer of cargo at slow rate of cargo flow.
(c) Observe cargo connections for leakage.
(d) Observe pressure on cargo system.
(e) If transfer is loading (rather than discharging), observe rate of loading to avoid overflow of tanks.
(f) Comply with 33 CFR 156.120 and 156.150.
Cargo transfer operations shall not be started or, if started, shall be discontinued under the following conditions:
(a) During severe electrical storms.
(b) If a fire occurs on the wharf or on the tanker or in the vicinity.
(a) No vessel may come alongside or remain alongside a tank vessel in way of its cargo tanks while it is loading or unloading cargo of Grade A, B, or C without permission of the person in charge of the transfer on the tank vessel.
(b) No vessel may come alongside or remain alongside a tank vessel in way of its cargo tanks while it is loading or unloading cargo of Grade A, B, or C unless the conditions then prevailing are acceptable to the persons in charge of cargo-handling on both vessels.
When discharging cargo from one or more barges, the towing vessel may furnish steam, air, or electric current for pumps on barges or dock, but in no case shall the cargo pass through or over the towing vessel.
(a) When transfer operations are completed the valves on cargo connections on the vessel shall be closed. The cargo connections shall be drained of cargo.
(b) [Reserved]
(a) No packaged goods, freight, or ship's stores may be loaded or unloaded during the loading or unloading of cargo of Grade A, B, or C except by permission of the person in charge of the transfer of liquid cargo in bulk. No explosives may be loaded, unloaded, or carried as cargo on any tank vessel containing cargo of Grade A, B, or C.
(b) Where package and general cargo is carried directly over bulk cargo tanks, it shall be properly dunnaged to prevent chafing of metal parts and securely lashed or stowed.
(a) Tank barges may be permitted to transport deck cargoes directly over bulk cargo spaces when the nature of such deck cargoes and the methods of loading and unloading same do not create an undue hazard. Such tank barges shall have their decks properly dunnaged to prevent chafing between the steel parts of the vessel and the deck cargo.
(b) [Reserved]
The cargo handling equipment shall be maintained by the tank vessel's personnel in accordance with the regulations in this subchapter, including the following:
(a) Cargo hose shall not be used in transfer operations in which the pressures are such that leakage of cargo occurs through the body of the hose.
(b) Cargo pump relief valves shall be tested at least once each year to determine that they function satisfactorily at the pressure at which they are set to open.
(c) Cargo pump pressure gage shall be tested at least once a year for accuracy.
(d) The cargo discharge piping of all tank vessels shall be tested at least once each year for tightness, at the maximum working pressure.
In case of emergencies nothing in the regulations in this subchapter shall be construed as preventing the senior officer present from pursuing the most effective action in his judgment for rectifying the conditions causing the emergency.
No person may operate, install, or reinstall an air compressor in a cargo area described in § 32.35-15 of this subchapter.
Each general alarm contact maker must be marked in accordance with requirements in subchapter J (Electrical Engineering Regulations) of this chapter.
General alarm bells must be marked in accordance with requirements in subchapter J (Electrical Engineering Regulations) of this chapter.
Emergency lights must be marked in accordance with requirements in subchapter J (Electrical Engineering Regulations) of this chapter.
Adjacent to all carbon dioxide fire extinguishing alarms installed after November 19, 1952, there shall be conspicuously marked: “WHEN ALARM SOUNDS VACATE AT ONCE. CARBON DIOXIDE BEING RELEASED.”
Steam, foam, or CO
At each fire hose valve there shall be marked in not less than 2-inch red letters and figures: “FIRE STATION 1,” 2, 3, etc.
(a) At each required foam hose/monitor valve there shall be marked in not less than 2-inch red letters and figures: “FOAM STATION 1,” 2, 3, etc.
(b) [Reserved]
(a) Water spray system apparatus shall be marked: “WATER SPRAY SYSTEM,” as appropriate, in not less than 2-inch red letters.
(b) The control valve, and its control if located remotely, shall be distinctly marked to indicate the compartment protected.
Each locker and space where emergency equipment is stowed must be marked “EMERGENCY EQUIPMENT” or “SELF-CONTAINED BREATHING APPARATUS”, as appropriate.
Each fire extinguisher shall be marked with a number and the location where stowed shall be marked in corresponding numbers in at least
Instructions in at least
At all steering stations, there shall be installed a suitable notice on the wheel or device or in such other position as to be directly in the helmsman's line of vision, to indicate the direction in which the wheel or device must be turned for “right rudder” or “left rudder.”
Lifesaving appliances, instructions to passengers, and stowage locations for all tank vessels must be in accordance with subchapter W (Lifesaving Appliances and Arrangements) of this chapter.
46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
(a) The regulations in this part contain requirements for the transportation in bulk of materials considered to be Grade E liquids when shipped in molten form at elevated temperatures.
(b) The materials covered by this part shall meet the applicable regulations of this subchapter, except that materials having a flash point of 300° F. or above, shall be exempt from the requirements prescribed in the following sections of this subchapter:
(1) Inspection prior to making repairs—§ 35.01-1(b).
(2) Watchman for a tank vessel—§ 35.05-15.
(3) Warning sign at gangway—§ 35.30-1(b).
(4) Cargo tank hatches, ullage holes and Butterworth plates—§ 35.30-10.
(5) Men on duty—§ 35.35-1.
(6) Inspection prior to transfer of cargo—§ 35.35-20.
(7) Approval to start transfer of cargo—§ 35.35-25.
(8) “Declaration of inspection” for tank ships—§ 35.35-30.
(9) Transportation of other cargo or stores on tank barges—§ 35.35-60.
(c) The regulations governing the transportation in the solid state of materials referred to in § 36.01-1(a) are contained in part 148 of subchapter N (Dangerous Cargoes) of this chapter.
(a) The certificate of inspection shall be endorsed for the carriage of elevated temperature cargoes as follows: “Inspected and approved for the carriage of Grade E combustible liquids when transported in molten form at elevated temperatures.”
(b) [Reserved]
(a) All cargo tanks carrying liquids at elevated temperatures for the purpose of maintaining the material in the molten form shall be installed with the access openings located above the weather deck.
(b) [Reserved]
(a) Decks, bulkheads, or other structures shall be insulated with an approved incombustible material, or other suitable means of protection shall be employed where practicable and necessary for the protection of personnel.
(b) [Reserved]
(a) Cargo pump relief valves and pressure gages may be omitted, however, a suitable device shall be fitted to stop the pumping before the designed pressure of the piping is exceeded.
(b) [Reserved]
(a) Flame screens may be omitted in the vent lines on cargo tanks.
(b) [Reserved]
(a) Where personnel are required to enter pump-rooms located below the weather deck under normal circumstances of handling cargo, such pumprooms shall be equipped with power ventilation.
(b) [Reserved]
(a) Lagged tanks shall have part of the lagging removed on the lower portion of the cargo tanks as directed by the marine inspector, at least once every eight years for external examination.
(b) [Reserved]
46 U.S.C. 2103, 3306, 3703; 49 U.S.C. 5101, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
(a) The regulations in this part contain requirements for the transportation of liquefied or compressed gases, whose primary hazard is one of flammability.
(b) The transportation
(a) DOT cylinders, DOT Specification portable tanks or other approved portable tanks containing liquefied flammable gases may be transported under deck, provided the following requirements are met:
(1) The cargo space shall be provided with efficient means of ventilation, be protected from artificial heat, and be readily accessible from hatches.
(2) Containers shall be stored in such a position that the safety relief device is in communication with the vapor space of the container. They shall be
(3) Unless a method acceptable to the Commandant is used, the containers shall not be overstowed in the same dry cargo space with other liquefied flammable gas containers, nor with other cargo.
(4) The containers shall be suitably protected against physical damage from other cargo, ship's stores, or equipment in such spaces.
(5) Cylinders shall have their valves protected at all times by one of the following methods:
(i) By metal caps securely attached to the cylinders and of sufficient strength to protect the valves from injury.
(ii) By having the valves recessed into the cylinders or otherwise protected so that they will not be subject to a blow if the cylinder is dropped on a flat surface.
(6) Portable tanks shall have their valves protected at all times by a housing in accordance with the requirements under which they were manufactured.
(7) Electrical circuits in the cargo spaces must meet the hazardous area requirements in subchapter J (Electrical Engineering Regulations) of this chapter. If an electrical circuit does not meet those requirements, it must be deenergized by a positive means and not reenergized until the cargo has been removed and the space has been tested and found free of flammable vapor.
(8) During the stowage of portable cylinders or portable tanks in a hold or compartment that is not fitted with electrical fixtures meeting the hazardous area requirements of subchapter J (Electrical Engineering Regulations) of this chapter, portable lights must not be used within the space unless the portable lights are explosion-proof. Electrical connections for portable lights must be made from outlets on the weather deck. Hand flashlights used in the stowage area must be explosion-proof.
(9) The following dangerous cargoes shall not be stowed in the same hold or compartment with liquefied flammable gas containers:
(i) Division 1.1, 1.2, 1.3, or 1.4 (explosive) materials, as defined in 49 CFR 173.50.
(ii) Flammable solids.
(iii) Oxidizing materials.
(iv) Corrosive liquids.
(v) Poisonous articles.
(vi) Cotton and similar fibrous materials.
(a) Certain standards and specifications are incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a). To enforce any edition other than the ones listed in paragraph (b) of this section, notice of change must be published in the
(b) The standards and specifications approved for incorporation by reference in this part, and the sections affected, are:
(a) The certificate of inspection shall be endorsed for the carriage of liquefied flammable gases as follows:
Inspected and approved for the carriage of liquefied flammable gases (1) at a pressure not to exceed ——— p.s.i., and (2) at temperatures not less than ———°F.
(b) Tanks approved to carry cargoes at below ambient temperatures shall have the applicable limiting temperatures indicated on the certificate. Tanks designed to carry cargoes only at ambient temperatures should have the word “ambient” entered in these spaces.
(a) Vessels designed for the carriage of liquefied gases shall comply with the applicable requirements of this subchapter.
(b) Access and ventilation intakes to the machinery, accommodation and working spaces should be so arranged as to prevent the flow of cargo vapor from the weather deck into such spaces. In this respect openings in the forward or after ends of poops, forecastles, and deckhouses adjacent the cargo area shall be at least 24 inches above the cargo handling deck.
(c) Materials used in the fabrication of cargo tanks and piping shall have adequate notch toughness at the service temperature. Where a secondary barrier is required, the material of that barrier and of contiguous hull structure shall have sufficient notch toughness at the lowest temperature which may result during the containment of leakage cargo within the secondary barrier. Materials used in the fabrication of the cargo containment and handling system shall satisfy the requirements for toughness specified in subchapter F (Marine Engineering) of this chapter.
(d) Cargo tank spaces are to be isolated from the remainder of the vessel by cofferdams in accordance with § 32.60-10 of this subchapter. In a nonpressure vessel configuration, the void between the primary and secondary barriers shall not be acceptable as the required cofferdam between the tank spaces and the main machinery spaces.
(e) Compartments containing cargo tanks or pipes shall be accessible from the weather deck only. No openings from these compartments to other parts of the vessel are permitted.
(f) Barges utilized for the carriage of liquefied gases shall be of Type II barge hull as defined in § 32.63-5(b)(2) of this subchapter. The Commandant may, based on the properties of the liquefied gas to be carried, require a Type I barge hull, as defined in § 32.63-5(b)(1) of this subchapter, to ensure the hull is consistent with the degree and nature of the hazard of the liquefied gas to be carried.
(a) The maximum allowable temperature of the cargo is defined as the boiling temperature of the liquid at a pressure equal to the setting of the relief valve.
(b) The service temperature is the minimum temperature at which cargo is loaded and/or transported in the cargo tank. However, the service temperature shall in no case be taken higher than given by the following formula:
(c) Heat transmission studies, where required, shall assume the minimum ambient temperatures of 0° F. still air and 32° F. still water, and maximum
(d) Cargo tanks in vessels in ocean; Great Lakes; lakes, bays, and sounds; or coastwise service shall be designed to withstand, simultaneously, the following dynamic loadings:
(1) Rolling 30° each side (120°) in 10 seconds.
(2) Pitching 6° half amplitude (24°) in 7 seconds.
(3) Heaving
(e) Cargo tanks on barges shall be designed in accordance with § 32.63-25 of this subchapter.
(f) Each liquefied flammable gas tank shall be provided with not less than a 15-inch by 23-inch or an 18-inch nominal diameter manhole fitted with a cover located above the maximum liquid level and as close to the top of the tank as possible. Where access trunks are fitted to the tanks, the nominal diameter of the trunks shall be not less than 30 inches.
(g) Cargo tanks vented above 10 pounds per square inch gage shall be of the pressure vessel type.
(a) Cargo tanks of pressure vessel configuration (e.g. cylindrical, spherical, etc.) shall be designed, fabricated, inspected, and tested in accordance with the applicable requirements of part 54 of subchapter F (Marine Engineering) of this chapter, except as otherwise provided for in this part.
(b) The requirements of this section anticipate that cargo tanks constructed as pressure vessels will, by themselves, constitute the cargo containment system and usually will not require a secondary barrier.
(c) In the design of the tank, consideration shall be given to the possibility of the tank being subjected to external loads. Consideration shall also be given to excessive loads that can be imposed on the tanks by their support due to static and dynamic forces under operating conditions or during testing. The design shall show the manner in which the tanks are to be installed, supported, and secured, and shall be approved prior to tank installation.
(d) Tanks with a service temperature of minus 20° F. or lower and fabricated of ferritic materials shall be stress relieved.
(e) Unlagged cargo tanks, where the cargo is transported, at or near ambient temperatures, shall be designed for the vapor pressure of the gas at 115° F. The design shall also be based on the minimum internal pressure (maximum vacuum), plus the maximum external static head to which the tank may be subjected. Whenever surrounding cargo is at a greater temperature than the maximum allowable temperature of the liquefied flammable gas tanks, the liquefied flammable gas cargo is to be such that the design pressure of the liquefied flammable gas tank is not exceeded.
(f) Where cargo tanks, in which the cargo is transported at or near ambient temperature, are lagged with an insulation material of a thickness to provide a thermal conductance of not more than 0.075 B.t.u. per square foot per degree Fahrenheit differential in temperature per hour, the tanks shall be designed for a pressure of not less than the vapor pressure of the gas at 105° F. The insulation material shall conform to the requirements of § 38.05-20. The design shall also be based on the minimum internal pressure (maximum vacuum) plus the maximum external static head to which the tank may be subjected.
(g) Cargo tanks in which the temperature is maintained below the normal atmospheric temperature by refrigeration or other acceptable means shall be designed for a pressure of not less than 110 percent of the vapor pressure corresponding to the temperature of the liquid at which the system is maintained, or the pressure corresponding to the greatest dynamic and static loads expected to be encountered either in service or during testing. For mechanically stress relieved cargo tanks, additional factors relating design pressure and maximum allowable pressure shall be as specified by the Commandant. The material of the tank shall satisfy the requirements of subchapter F (Marine Engineering) of
(h) Where applicable, the design shall investigate the thermal stresses induced in the cargo tank at the service temperature.
(i) The shell and head thickness of liquefied gas cargo tanks shall not be less than five-sixteenths inch.
(a) The requirements in this section anticipate a cargo containment system consisting of a primary tank which is structurally self-supporting and, where required, a secondary barrier. Other vessel or cargo tank configurations, such as membrane type liners externally supported, will be considered upon submission of substantiating data, and based upon such additional tests as the Commandant may direct.
(b) A secondary barrier is an arrangement or structure designed to contain the cargo temporarily if leakage develops in the primary container. A secondary barrier shall be provided where leakage from the primary container may cause lowering of the temperature of the ship's structure to an unsafe level. The secondary barrier shall be constructed of material suitable to contain the cargo at the service temperature.
(c) The design of the cargo containment systems shall be such that under normal service conditions, or upon failure of the primary tank, the hull structure shall not be cooled down to a temperature which is unsafe for the materials involved. Structural members not suitable for the service temperatures of the cargo shall be protected by a secondary barrier consisting of suitable structural containment together with necessary associated insulation. Heat transmission studies and tests may be required to demonstrate that the arrangement is feasible and that the final material temperatures are acceptable.
(d) The design and construction of the cargo tanks shall be at least equivalent to the standards established by the American Bureau of Shipping or other recognized classification society. For special tanks, or designs not contemplated by standards of the classification society, a detailed analysis of the entire tank, or designated parts thereof, shall be made and submitted to the Commandant for approval.
(e) The cargo tank shall be designed for a head of cargo at least equal to the highest level the liquid cargo may attain plus the maximum venting pressure. In no case shall a head of cargo less than 4 feet above the cargo hatch or expansion trunk be used.
(f) The design shall investigate the thermal stresses induced in the cargo tank during loading. Where necessary, devices for spray loading or other methods of precooling or cooling during loading shall be included in the design.
(g) All weld intersections or crossings in joints of primary tank shells shall be radiographed for a distance of 10 thicknesses from the intersection. All other welding in the primary tank and in the secondary barrier shall be spot radiographed in accordance with the requirements of part 54 of subchapter F (Marine Engineering) of this chapter.
(a)(1) Upon satisfactory completion of tests and inspection, pressure vessel and nonpressure vessel type cargo tanks, shall have markings as required by § 54.10-20 of subchapter F (Marine Engineering) of this chapter except that for nonpressure vessel type tanks, the Coast Guard number and pressure vessel class shall be omitted.
(2) Hydrostatic test for pressure vessel type tanks shall be that specified in § 38.25-1(b). In the case of nonpressure vessel type tanks, the hydrostatic test pressure shall mean the pressure specified in § 38.25-1(d), while the maximum allowable pressure shall mean the maximum venting pressure as used in § 38.05-4(e). Where it is not feasible to attach the nameplate to the tank, it shall be conspicuously displayed nearby.
(b) All tank inlet and outlet connections, except safety relief valves, liquid level gaging devices, and pressure gages, shall be labeled to designate whether they terminate in the vapor or liquid space. Labels of corrosion-resistant material may be attached to valves.
(c) All tank markings shall be permanently and legibly stamped in a readily visible position, and shall not be obscured by painting. If the tanks are lagged, the markings attached to the tank proper shall be duplicated on a corrosion-resistant plate secured to the outside jacket of the lagging.
(a)(1) Cargo tanks shall be supported on foundations of steel or other suitable material and securely anchored in place to prevent the tanks from shifting when subjected to external forces. Each tank shall be so supported as to prevent the concentration of excessive loads on the supporting portions of the shell or head as prescribed under § 38.05-2(d).
(2) Cargo tanks installed in barges shall comply with the requirements of § 32.63-25 of this subchapter.
(b) Foundations, and stays where required, shall be designed for support and constraint of the weight of the full tank, and the dynamic loads imposed thereon. Thermal movement shall also be considered.
(c) Foundations and stays which may be exposed to the cargo shall be suitable for the temperatures involved and be impervious to the cargo.
(d) The design of the foundations and stays shall consider the resonance of the cargo tank, or parts thereof, and the vibratory forces, found in the tank vessel. If necessary, effective damping arrangements shall be provided.
(e) Independent containment systems shall be so arranged as to provide a minimum clearance of not less than 24 inches from the vessel's side and not less than 15 inches from the vessel's bottom to provide access for inspection of the hull. Clearances for collision protection, where required by other parts of the regulations in this subchapter, may increase the clearances specified here.
(1) For pressure vessel type tanks the distance between adjacent tanks and between tanks and vessel's structure shall be adequate to permit access for inspection and maintenance of all tank surfaces and hull structure as approved by the Commandant. Alternate provisions may be made for inspection and maintenance of the vessel's structure and tanks by moving such tanks or by providing equivalent acceptable means for remote inspection.
(2) For nonpressure vessel type containment systems, access shall be arranged to permit inspection of one side each of the primary tank and secondary barrier, under normal shipyard conditions. Containment systems which, because of their peculiar design, cannot be visually inspected to this degree, may be specially considered provided an equivalent degree of safety is attained.
(f) Cargo tanks may be installed
(g) For pressure vessel type cargo tanks, the following conditions apply:
(1) Liquefied flammable gas cargo tanks may be located in cargo tanks or in spaces which meet the requirements for cofferdams as defined in § 30.10-13 of this subchapter. When liquefied flammable gas cargo tanks are installed in cargo tanks, such cargo tanks may be used simultaneously or separately for the carriage of flammable or combustible liquids up to and including the grade for which the cargo tanks are otherwise certified in accordance with the requirements of this subchapter.
(2) Where the liquefied flammable gas tanks are installed in cargo tanks and a portion of the liquefied flammable gas tanks extend above the weather deck, the penetration shall be made gastight and watertight, and shall be such as to provide full compliance with the structural requirements including
(3) Where the liquefied flammable gas tanks are installed in nontank hull spaces and a portion of the tank extends above the weather deck, provision shall be made to maintain the weathertightness of the deck, except that the weathertightness of the upper deck need not be maintained on:
(i) Vessels operating on restricted routes which are sufficiently protected; or,
(ii) Open hopper type barges of acceptable design.
(h) No strength welding employed in the attachment of supports, lugs, fittings, etc., shall be done on tanks that require and have been stress relieved, unless authorized by the Commandant.
(a) Where used, tank insulation shall satisfy the following requirements for combustibility, installation, and arrangement:
(1) Insulation in a location exposed to possible high temperature or source of ignition shall be either:
(i) Incombustible, complying with the requirements of subpart 164.009 of subchapter Q (Specifications) of this chapter; or,
(ii) Self-extinguishing, as determined by ASTM D 4986, “Standard Test Method for Horizontal Burning Characteristics of Cellular Polymeric Materials,” (incorporated by reference, see § 38.01-3) and covered by a suitable steel cover.
(2) Insulation in a location protected against possible ignition by enclosure in a tight steel envelope in which inert conditions are maintained need satisfy no requirement for combustibility except chemical stability.
(3) Insulation in a location protected against possible high temperature or source of ignition by continuous surrounding structural voids or ballast tanks need satisfy no requirement for combustibility except chemical stability.
(b) All insulation shall be of a vapor-proof construction, or have a vapor-proof coating of a fire-retardant material acceptable to the Commandant. Unless the vapor barrier is inherently weather resistant, tanks exposed to the weather shall be fitted with a removable sheet metal jacket of not less than 0.083-inch thick over the vapor-proof coating and flashed around all openings so as to be weathertight. Weather resistant coatings shall have sheet metal over areas subject to mechanical damage.
(c) The insulation shall be adequately protected in areas of probable mechanical damage.
(d) Insulation which forms an integral part of the secondary barrier shall meet the following additional requirements:
(1) When the secondary barrier is called upon to contain the cargo, insulating material which is contacted shall not be affected by the cargo. Samples of the insulating material shall be tested in the cargo for solubility, absorption and shrinkage. The samples shall be checked for the above effects at intervals not exceeding 1 week, for a total test period of 6 weeks.
(2) Any adhesives, sealers, coatings, or vapor barrier compounds used in conjunction with the insulating material shall be similarly tested to insure suitable cargo resistive properties.
(3) The insulation shall have sufficient mechanical strength for the proposed design. Additionally, the thermal expansion of the insulation relative to the material to which it is affixed shall be considered in the design.
(e) The insulation for the piping systems shall be at least of the “self-extinguishing” type described in paragraph (a) of this section, and comply with the requirements contained in paragraphs (b) and (c) of this section.
(a) When a liquefied flammable gas is carried below atmospheric temperature
(1) A refrigeration or liquefication system which regulates the pressure in the tanks. A standby compressor or equivalent equipment, of a capacity equal to one of the working units shall be provided.
(2) A system whereby the vapors are utilized as fuel for shipboard use.
(3) A system allowing the liquefied flammable gas to warm up and increase in pressure. The insulation and tank design pressure shall be adequate to provide for a suitable margin for the operating time and temperatures involved.
(4) Other systems acceptable to the Commandant.
(b) A system whereby the vapors are vented to the atmosphere at sea only may be employed in conjunction with paragraph (a)(1) of this section. The pressure control valves shall be independent of the safety relief valves. See § 38.20-1(j).
(a) All valves, flanges, fittings, and accessory equipment shall be of a type suitable for use with liquefied flammable gases, and shall be made of steel or grade A malleable iron, acceptable for the service temperature and pressure according to the requirements of part 56 of subchapter F (Marine Engineering) of this chapter. Other materials may be specially considered and approved by the Commandant.
(b) All valves, flanges, fittings, and accessory equipment shall have a pressure rating at operating temperatures not less than the maximum allowable pressure to which they may be subjected. Piping which is not protected by a relief valve or which can be isolated from its relief valve by other valves shall be designed for the greatest of the cargo vapor pressure at 115° F., or the maximum allowable pressure of the cargo tank, or the requirements of § 38.10-10(a). Cargo liquid piping which may be subject to liquid full conditions shall be fitted with relief valves. The escape from piping systems relief valves shall be piped to a venting system or to a suitable vapor recovery system. Provision shall be made for the proper venting of all valves, fittings, etc., in which pressure buildup may occur, especially in refrigerated systems, because of an increase in product temperature.
(c) Welded connections shall be used wherever possible with the number of flanged joints kept to the minimum necessary for assembly and cleaning. Sockets in sizes 3 inches and smaller and slipon flanges in sizes 4 inches and smaller may be used. Threaded joints may be used in sizes of 1 inch and smaller. Where threaded joints are used, they shall be visible and accessible for inspection under all service conditions, and limited to instrument and control lines properly valved from the main lines. Where threaded joints are sealed by brazing or welding, they need not be exposed.
(d) Valve seat material, packing, gaskets, etc., shall be resistant to the action of the liquefied flammable gas. All flange and manhole cover gaskets shall be compressed asbestos, spiral-wound metal asbestos, metal jacketed asbestos, solid aluminum, corrugated steel, solid steel, or iron, or other materials with equal or better resistance to fire exposure.
(e) Provisions shall be made by the use of offsets, loops, bands, expansion joints, etc., to protect the piping and tank from excessive stress due to thermal movement and/or movements of the tank and hull structure. Expansion joints shall be held to a minimum and where used shall be of the bellows type and subject to special approval by the Commandant.
(f) Low temperature piping shall be thermally isolated from the hull structure. Arrangements should provide for the protection of the hull structure from leaks in way of pumps, flanges, joints, etc.
(g) Each tank shall be provided with the necessary fill and discharge liquid and vapor shutoff valves, safety relief valve connections, refrigeration connections where necessary, liquid level gaging devices, thermometer well and
(h) Cargo loading and discharge piping may be connected to the tanks below the weather deck or below the liquid level subject to approval by the Commandant, provided:
(1) A remotely controlled quick-closing shutoff valve is flanged to the tank outlet connection. The control mechanism for this valve shall meet the requirements of § 38.10-5.
(2) The piping which is below the weather deck or liquid level shall be joined by welding except for a flanged connection to the quick-closing shutoff valve and a flanged connection to the cargo pump.
(3) The design and arrangement of this piping, including the flange bolting shall be such that excessive stresses will not be transmitted to the cargo tank outlet connection or the quick-closing valve, even in the event of abnormal displacement of the piping.
(4) Except for those vessels, the design of which permits the exclusion of a weathertight deck over the tanks, the space in which such piping is located shall be accessible only from the weather deck and shall be vented to a safe location above the weather deck.
(i) All connections to tanks, except safety relief valves and liquid level gaging devices, shall have manually operated shutoff valves located as close to the tank as possible. In addition, all liquid and vapor connections on pressure vessel type tanks except safety relief valves, liquid level gaging devices, and filling and discharge lines, shall be equipped with either an automatic excess flow valve or a remotely controlled quick-closing shutoff valve of the fail closed type. These valves, except when necessary for the operation of the system, shall remain closed. For pressure vessel type tanks operating at low pressure and with service temperature near the cargo atmospheric boiling point, the Commandant may approve individual installations where the liquid and vapor connections normally requiring automatic excess flow valves or remotely controlled quick-closing shutoff valves are fitted with manually operated shutoff valves only.
(j) The control system for quick-closing shutoff valves shall be provided with a remote control in at least two locations and be of a type acceptable to the Commandant. The control system shall also be provided with a fusible element designed to melt between 208° F. and 220° F., which will cause the quick-closing shutoff valves to close in case of fire. The quick-closing shutoff valves shall be capable of local manual operation.
(k) Excess flow valves, where required by this subchapter, shall close automatically at the rated flow of vapor or liquid as specified by the manufacturer. The piping, including valves, fittings, and appurtenances protected by an excess flow valve, shall have a greater capacity than the rated flow of the excess flow valve.
(l) Liquid level gaging devices which are so constructed that outward flow of tank contents shall not exceed that passed by a No. 54 drill size (0.055-inch diameter) opening, need not be equipped with excess flow valves.
(m) Pressure gage connections need not be equipped with excess flow valves if the openings are not larger than No. 54 drill size (0.055-inch diameter).
(n) Excess flow valves may be designed with a bypass not to exceed a No. 60 drill size (0.040-inch diameter) opening to allow equalization of pressure.
(o) Suitable valves shall be installed on the cargo headers to relieve the pressure on the liquid and vapor lines to a safe location prior to disconnecting shore lines.
(p) A pressure gage shall be located at the highest practicable point. A
(q) For nonpressure vessel type tanks, the following additional fittings are required:
(1) A liquid level gaging device shall be provided to determine the level of the liquid cargo without opening the tank. The gage shall be readable from the open deck, or from a control room or station when the loading or discharging is controlled from such a room or station. Tables shall be readily available for direct determination of volume of liquid in the tanks, with necessary corrections for trim, temperature, and density.
(2) An independent high level alarm shall be provided for each tank. The alarm indication shall register at the station where loading is controlled.
(3) Each tank shall be provided with remote reading temperature sensors located near both the cargo liquid level and the bottom of the tank. The temperature shall be read at the control station for loading and unloading cargo, if provided, otherwise near the cargo control valves.
(4) Each tank shall be fitted with a pressure and a vacuum gage which shall be read at the control station for loading and unloading cargo, is provided, otherwise near the cargo control valves. In addition, the liquid loading and discharge headers at the ship's shore connection station shall be fitted with pressure gages.
(r) Spaces surrounding cargo tanks shall be provided with suitable means for pumping out.
(1) Where pressure vessel type tanks are installed or in other cases where no secondary containment is required, this may consist of a bilge system independent of the bilge system for the rest of the vessel, and having no pipe connections between the cargo tank spaces and the engineroom or boilerroom, except that eductors may be supplied from engineroom pumps.
(2) Secondary containment spaces of structurally self-supporting tanks shall be provided with suitable means for pumping out leaked cargo. These should be arranged so as to provide the following alternatives:
(i) Return of the cargo to the same primary tank or other tank.
(ii) Pumping the cargo off the ship either in port through a regular shore unloading connection or at sea overboard in a safe manner.
(a) Filling and discharge connections shall be provided with the manually operated valve required by § 38.10-1(i) and with a positive acting remote controlled quick-closing valve. The remote controlled quick-closing valve shall satisfy the requirements of § 38.10-1(j).
(b) For pressure vessel type tanks the remote controlled quick-closing valves shall be located on the inside of the tank or on the outside where the piping enters the tank. For pressure vessel type tanks operating at low pressure and with service temperature near the cargo atmospheric boiling point, the Commandant may approve individual installations where these valves are located at the loading and discharge headers.
(c) For nonpressure vessel type tanks the remote controlled quick-closing valves may be located at the loading and discharge headers.
(a) The piping shall be designed for a working pressure of not less than the maximum pressure to which it may be subjected but in no case less than the design pressure of the cargo tanks. In the case of piping on the discharge side of the liquid pumps or vapor compressors, the design pressure shall not be less than the pump or compressor discharge relief valve setting; or, provided the piping is not protected by relief valves, the design pressure shall not be less than the total discharge head of the pump or compressor.
(b) Piping subject to tank pressure shall be seamless drawn steel or electric resistance welded steel. Pipe used in refrigerated tank systems shall be of a material which is suitable for the minimum service temperature to which it may be subjected, according
(c) Piping shall be provided with adequate support to take the weight of the piping off valves and fittings and to prevent excessive vibration and stresses on tank connections.
(d) For nonpressure vessel type tanks, the cargo handling arrangements and piping shall provide for emptying of a damaged tank, including cargo contained by a secondary barrier.
(a) Each tank shall be fitted with or (subject to approval by the Commandant) connected to one or more safety relief valves designed, constructed and flow tested for capacity in conformance with subpart 162.017 or 162.018 of subchapter Q (Specifications) of this chapter.
(b) Safety relief valves conforming to subpart 162.017 of subchapter Q (Specifications) of this chapter may be used on tanks for a maximum pressure of 10 pounds per square inch gage. Safety relief valves conforming to subpart 162.018 of subchapter Q (Specifications) of this chapter may be used for any pressure.
(c) The safety relief valves shall have a combined relieving capacity to discharge the greater of the following with not more than 20 percent rise in pressure (in the tank) above the maximum allowable pressure:
(1) The vapors evaporated by an embient air temperature of 115° F. plus the maximum flow rate of the cargo filling pipes or,
(2) The vapors generated under fire exposure computed using the formulas of § 54.15-25(c) of subchapter F (Marine Engineering) of this chapter.
(d) The safety relief valves shall meet the arrangement and inspection requirements of § 54.15-25 of subchapter F (Marine Engineering) of this chapter.
(e) Means shall be provided to protect nonpressure vessel tanks from excessive external pressure.
(f) Void spaces between the primary and secondary barriers of nonpressure vessel type tanks shall be protected by relief devices. The relief setting shall not be higher than the void test pressure, and shall not exceed 90 percent of the setting of the safety relief valve protecting the primary tank.
(a) Each tank shall be fitted with a liquid level gaging device of approved design to indicate the maximum level to which the tank may be filled with liquid:
(1) Between −20° F. and 130° F. for unrefrigerated service; or,
(2) Within the operating temperature range for tanks operating below atmospheric temperature.
(b) Liquid level gaging devices may be of the following types: Rotary tube, slip tube, magnetic, automatic float, or similar types approved by the Commandant. Except as otherwise provided in this section, fixed tube devices are not acceptable as the primary gaging device.
(c) All gaging devices shall be arranged so that the maximum liquid level for product being carried, to which the tank may be filled is readily determinable. The maximum gallonage capacity as required by § 38.15-1 shall be:
(1) Marked on the tank system nameplate or gaging device; or,
(2) Shown in the ullage tables.
(d) Gaging devices that require bleeding of the product to the atmosphere, such as the rotary tube, fixed tube, and slip tube, shall be so designed that the bleed valve maximum opening is not larger than a No. 54 drill size (0.055-inch diameter), unless provided with an excess flow valve.
(e) For pressure vessel type tanks each automatic float, continuous reading tape or similar type gage not mounted directly on the tank or dome shall be fitted with a shutoff device located as close to the tank as practicable. When an automatic float gaging device, which gages the entire height of the tank is used, a fixed tube gage set in the range of 85 percent to 90 percent of the water capacity of the tank shall be provided in addition as a means of checking the accuracy of the
(f) A gaging device shall be designed for a pressure at least equal to the maximum allowable pressure of the tank on which it is installed.
(g) Gage glasses of the columnar type are prohibited.
(h) Flat sight glasses may be used in the design of automatic float continuous reading tape gages:
(a) Refrigerated and semirefrigerated tanks shall be filled so that there is an outage of at least 2 percent of the volume of the tank at the temperature corresponding to the vapor pressure of the cargo at the safety relief valve setting. A reduction in the required outage may be permitted by the Commandant when warranted by special design considerations. Normally then, the maximum volume to which a tank may be loaded is:
(b) Nonrefrigerated tanks shall be filled so that their filling densities shall not exceed the ratios indicated in Table 38.15-1(b).
(c) The “filling density” is defined as the percent ratio of the weight of the gas in a tank to the weight of water the tank will hold at 60° F.
(a) When the liquid and vapor line hoses used for loading and discharging the cargo are carried on board the vessel, they shall be of flexible metal and fabricated of seamless steel pipe and flexible joints of steel or bronze, or of other suitable material resistant to the action of the cargo. Hose used in refrigerated systems shall be suitable for the minimum temperature to which it may be subjected and shall be acceptable to the Commandant.
(b) Hose subject to tank pressure, or the discharge pressure of pumps or vapor compressors, shall be designed for a bursting pressure of not less than five times the maximum safety relief valve setting of the tank, pump, or compressor.
(c) Before being placed in service each new cargo hose, with all necessary fittings attached, shall be hydro-statically tested by its manufacturer to a pressure not less than twice its maximum working pressure nor more
(a) A detection system shall be permanently installed to sense cargo leaks. The detectors shall be located within the space so as to permit the sensing of an initial leak and prevent an undetected gas accumulation. The sensitivity shall be in accordance with paragraph (b) of this section. The detectors shall be fitted in the following compartments:
(1) Between the primary and secondary barriers for nonpressure vessel type tanks.
(2) Cargo handling rooms and spaces containing cargo piping or cargo handling systems.
(3) All enclosed spaces, except tanks and cofferdams, which are separated from the cargo tanks by only the secondary barrier.
(4) Other spaces where gas concentrations might be expected.
(5) Cargo holds, containing pressure vessel type tanks and no cargo piping, are exempt from the requirements of this paragraph.
(b) The indicating instruments for the detection system shall be located on the bridge or at the cargo control station. An audio and visual warning shall be given before any gas concentration reaches 30 percent of the lower explosive limit. The alarm shall indicate both on the bridge and at the cargo control station. Sampling of each detector shall be at least once every half hour.
(c) Means shall be provided to measure the full range of cargo gas concentration in the spaces.
(a) All electrical installations shall comply with the requirements contained in this subchapter and in subchapter J (Electrical Engineering) of this chapter for tank vessels, except as otherwise specified in this part.
(b) Spaces containing cargo pumps, compressors, and piping are considered as equivalent to a tank vessel pumproom, and no electrical devices, except Coast Guard approved intrinsically safe devices, shall be installed in these spaces. Electric motors shall be segregated from these spaces by a gastight bulkhead. Electric lighting of the explosion-proof type may be installed in these spaces provided all switching is done from outside the space.
(c) All cargo tanks, piping, valves, etc., shall be effectively grounded to the vessel's hull. Tanks with an insulated inner shell (primary barrier) shall have an effective grounding bond to the outer shell (secondary barrier) or to the vessel's hull.
(d) Electric submerged motor cargo pumps may be used, when in compliance with the following requirements and subject to approval by the Commandant.
(1) Design details of the submerged motor pump, with an evaluation of the cooling efficiency of the product being pumped, shall be submitted.
(2) Provisions shall be made to exclude air from the tanks containing cargo in either vapor or liquid phase. The pump motor shall be deenergized when this condition is not satisfied.
(3) A liquid level sensing device shall automatically shut down the motor and sound an alarm at a predetermined low liquid level. The alarm location may be the station from which cargo handling is controlled or such other location outside the cargo area as is acceptable to the Commandant.
(4) Details of the power cable, tank penetrations and pump connections shall be submitted.
(5) An auxiliary means of emptying the cargo tanks shall be provided in accordance with § 38.10-10(d).
(6) Means for positively disconnecting the power supply between the switchboard and the pump power panel shall be provided, i.e., disconnect links, lockable breakers, etc.
(7) All materials used in the fabrication of the submerged motor cargo pumps shall be suitable for use with the liquid cargo at the design pressures and temperatures.
(a) All machinery associated with cargo loading, unloading, or cooling shall be capable of being shut down from a remote location. This location may be the station from which the cargo handling is controlled or such other location outside the cargo area as is acceptable to the Commandant.
(b) [Reserved]
(a) Each safety relief valve installed on a cargo tank shall be connected to a branch vent of a venting system which shall be constructed so that the discharge of gas will be directed vertically upward to a point which shall extend to a height above the weather deck equal to at least one-third the beam of the vessel and to a minimum of at least 10 feet, and shall terminate at a comparable distance from any other living or working space, ventilator inlet, or source of vapor ignition. When special conditions will prevent the vent line header outlets being permanently installed at a height above the deck of one-third the beam of the vessel, then an adjustable system shall be provided which, when extended vertically, shall be capable of reaching a height of one-third the beam of the vessel.
(b) The capacity of branch vents or vent headers shall depend upon the number of cargo tanks connected to such branch or header as provided for in the Table 38.20-1(b), and upon the total safety relief valve discharge capacity.
(c) In addition to the requirements specified in paragraphs (a) and (b) of this section, the size of the branch vents or vent headers, shall be such that the back pressure in the relief valve discharge lines shall not be more than 10 percent of the safety relief valve setting. In nonpressure vessel vent systems, however, where the maximum back pressure of 10 percent of the relief valve setting is insufficient to move the gases through any but an extremely large diameter vent pipe, the back pressure may exceed 10 percent provided:
(1) The pressure in the tank during venting does not exceed 120 percent of the tank maximum allowable pressure; and,
(2) The safety relief valve is sized to discharge the required capacity with the tank pressure and vent back pressure actually used.
(d) Return bends and restrictive pipe fittings are not permitted.
(e) Vents and headers shall be so installed as to prevent excessive stresses on safety relief valve mountings.
(f) The vent discharge riser shall be so located as to provide protection against mechanical injury and such discharge pipes shall be fitted with loose raincaps or other suitable means to prevent entrance of rain or snow.
(g) No valve of any type shall be fitted in the vent pipe between the safety relief valve and the vent outlets.
(h) Provisions shall be made to drain condensate from the vent header piping. Special precautions shall insure that condensate does not accumulate at or near the relief valves.
(i) Relief valves discharging liquid cargo shall not be connected to the branch vent or vent header lines from the cargo tanks. They may, however, be connected to an accumulator, the vapor space of which, may in turn, be connected to the vent header system. Relief valves in the cargo piping system may discharge back to the cargo tanks.
(j) Vapor discharged to the atmosphere in accordance with § 38.05-25(b) shall utilize valves separate from the safety relief valves.
(a) Safety relief valves on cargo tanks in barges may be connected to individual or common risers which shall extend to a reasonable height
(b) Arrangements providing for venting cargo tanks at sea on unmanned barges will be considered by the Commandant upon presentation of plans.
(a) A power ventilation system shall be provided for compartments containing pumps, compressors, pipes, control spaces, etc. connected with the cargo handling facilities. These compartments shall be ventilated in such a way as to remove vapors from points near the floor level or bilges, or other areas where vapor concentrations may be expected. The compartments shall be equipped with power ventilation of the exhaust type having capacity sufficient to effect a complete change of air in not more than 3 minutes equal to the volume of the compartment and associated trunks.
(b) The power ventilation units shall not produce a source of vapor ignition in either the compartment or the ventilation system associated with the compartment. Inlets to exhaust ducts shall be provided and located at points where concentrations of vapors may be expected. Ventilation from the weather deck shall be provided. Ventilation outlets shall terminate away from any openings to the interior part of the vessel a lateral distance at least equal to that specified in § 38.20-1(a). These outlets shall be so located as to minimize the possibility of recirculating contaminated air through the compartment.
(c) Means shall be provided for purging the following spaces of cargo vapors:
(1) The space surrounding nonpressure vessel type tanks, i.e., within the secondary barrier.
(2) The space surrounding pressure-vessel type tanks whose piping connections are below the weather deck in accordance with § 38.10-1(h).
(3) The space surrounding tanks whose manhole openings are below the weather deck in accordance with § 38.05-10(f).
(d) Power ventilation shall be provided for each auxiliary machinery or working space located on and accessible from the cargo handling deck. Such ventilation systems shall be designed to preclude the entry of cargo vapors into the space via the open access or the ventilation system itself.
(a) Each tank shall be subjected to the tests and inspections described in this section in the presence of a marine inspector, except as otherwise provided in this part.
(1) An internal inspection of the tank is conducted within—
(i) Ten years after the last internal inspection if the tank is a pressure vessel type cargo tank on an unmanned barge carrying cargo at temperatures of −67 °F (−55 °C) or warmer; or
(ii) Eight years after the last internal inspection if the tank is of a type other than that described in paragraph (a)(1)(i) of this section.
(2) An external examination of unlagged tanks and the visible parts of lagged tanks shall be made at each inspection for certification and at such other times as considered necessary.
(3) The owner shall ensure that the amount of insulation deemed necessary by the marine inspector is removed from insulated tanks during each internal inspection to allow spot external examination of the tanks and insulation, or the thickness of the tanks may be gauged by a nondestructive means accepted by the marine inspector without the removal of insulation.
(4) If required by the Officer in Charge, Marine Inspection, the owner shall conduct nondestructive testing of each tank in accordance with § 38.25-3.
(5) If the tank is a pressure vessel type cargo tank with an internal inspection interval of 10 years, is 30 years old or older, determined from the date it was built, the owner shall conduct nondestructive testing of that tank, in
(b) If the marine inspector considers a hydrostatic test necessary to determine the condition of the tank, the owner shall perform the test at a pressure of 1
(1) Maximum allowable pressure, as determined by the safety relief valve setting; or
(2) Design pressure, when cargo tanks operate at maximum allowable pressures reduced below the design pressure in order to satisfy special mechanical stress relief requirements.
See the ASME Code, Section VIII, Appendix 3 for information on design pressure.
(c) For pressure vessels designed and/or supported such that they cannot safely be filled with water, the Commandant will consider a pneumatic test in lieu of the hydrostatic test. A leak test shall be performed in conjunction with the pneumatic test. Pneumatic testing shall be in accordance with subchapter F (Marine Engineering) of this chapter.
(d) Nonpressure vessel type tanks shall be tested to a pressure equal to the pressure on the bottom of the tank under the design conditions listed in § 38.05-4(e).
(e) In the application of the requirements for testing of the cargo tanks, the test shall in no case be less severe than the worst anticipated service condition of the cargo loading.
(f) In the design and testing of the independent cargo tanks, consideration shall be given to the possibility of the independent tanks being subjected to external loads.
(a) Before nondestructive testing may be conducted to meet § 38.25-1 (a)(4) and (a)(5), the owner shall submit a proposal to the Officer in Charge, Marine Inspection for acceptance that includes—
(1) The test methods and procedures to be used, all of which must meet section V of the ASME Boiler and Pressure Vessel Code (1986);
(2) Each location on the tank to be tested; and
(3) The test method and procedure to be conducted at each location on the tank.
(b) If the Officer in Charge, Marine Inspection rejects the proposal, the Officer in Charge, Marine Inspection informs the owner of the reasons why the proposal is rejected.
(c) If the Officer in Charge, Marine Inspection accepts the proposal, then the owner shall ensure that—
(1) The proposal is followed; and
(2) Nondestructive testing is performed by personnel meeting ASNT “Recommended Practice No. SNT-TC-1A (1988), Personnel Qualification and Certification in Nondestructive Testing.”
(d) Within 30 days after completing the nondestructive test, the owner shall submit a written report of the results to the Officer in Charge, Marine Inspection.
If a tank fails to pass the tests prescribed in this subpart, it shall be removed from service unless otherwise authorized by the Commandant.
(a) The cargo tank safety relief valves shall be inspected at least once in every 2 years.
(b) The safety relief valve discs must be lifted from their seats in the presence of a marine inspector by either liquid, gas, or vapor pressure at least once every 5 years to determine the accuracy of adjustment and, if necessary, must be reset.
33 U.S.C. 1231; 46 U.S.C. 3306, 3703, 3715(b); 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
(a) Except as specified by paragraph (c) of this section, this part applies to each tank vessel operating in the navigable waters of the United States, when collecting vapors of crude oil, gasoline blends, or benzene emitted from a vessel's cargo tanks through a vapor control system.
(b) A tank vessel which transfers vapors of flammable or combustible cargoes other than crude oil, gasoline blends, or benzene, to a facility covered by 33 CFR part 154 must meet the requirements prescribed by the Commandant (G-MSO).
(c) A tank vessel with an existing vapor collection system specifically approved by the Coast Guard for the collection of cargo vapor which was operating prior to July 23, 1990, is subject only to § 39.30-1 and § 39.40-5 of this part as long as it transfers cargo vapor only to the specific facilities for which it was approved.
(d) This part does not apply to the collection of vapors of liquefied flammable gases as defined in § 30.10-39 of this subchapter.
As used in this part:
(a) Certain materials are incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a). To enforce any edition other than the one listed in paragraph (b) of this section, notice of change must be published in the
(b) The material approved for incorporation by reference in this part, and the sections affected are:
Each vessel which has a vapor processing unit located on board must meet the requirements of 33 CFR part 154, subpart E to the satisfaction of the Commandant (G-MSO) in addition to complying with the requirements of this part.
(a) A person in charge of a transfer operation utilizing a vapor collection system must have completed a training program covering the particular system installed on the vessel. Training must include drills or demonstrations using the installed vapor control system covering normal operations and emergency procedures.
(b) The training program required by paragraph (a) of this section must cover the following subjects:
(1) Purpose of a vapor control system;
(2) Principles of the vapor control system;
(3) Components of the vapor control system;
(4) Hazards associated with the vapor control system;
(5) Coast Guard regulations in this part;
(6) Operating procedures, including:
(i) Testing and inspection requirements,
(ii) Pre-transfer procedures,
(iii) Connection sequence,
(iv) Start-up procedures, and
(v) Normal operations; and
(7) Emergency procedures.
(a) Plans, calculations, and specifications for a new vessel vapor collection system must be submitted to the Marine Safety Center for approval prior to installation.
(b) An existing vapor collection system installation that has been Coast Guard approved to transfer cargo vapor to specific facilities must be reviewed and approved by the Marine Safety Center prior to transferring vapors to other facilities.
(c) The owners/operators of a foreign flag vessel may submit certification by the classification society which classes the vessel that the vessel meets the requirements of this part as an alternative to meeting the requirements in paragraphs (a) and (b) of this section.
(d) Upon satisfactory completion of plan review and inspection of the vapor collection system or receipt of the certification provided for in paragraph (d) of this section, the Officer in Charge, Marine Inspection, shall endorse the Certificate of Inspection for U.S. flag vessels, or the Certificate of Compliance for foreign flag vessels, that the vessel is acceptable for collecting the vapor from crude oil, gasoline blends, and benzene, or any other vapor it is found acceptable to collect.
(a) Each vapor collection system must meet the following requirements:
(1) Except as allowed by paragraph (a)(3) of this section or the Commandant (G-MSO), vapor collection piping must be permanently installed, with the vessel's vapor connection located as close as practical to the loading manifold;
(2) If the vessel collects vapors from incompatible cargoes simultaneously, it must keep the incompatible vapors separate throughout the entire vapor collection system;
(3) A vessel certified to carry cargo listed in Table 151.05 of part 151 or Table 1 of part 153 of this chapter may have vapor connections located in the vicinity of each tank in order to preserve segregation of cargo systems, in lieu of common header piping;
(4) A means must be provided to eliminate liquid condensate which may collect in the system, such as draining and collecting liquid from each low point in the line;
(5) Vapor collection piping must be electrically bonded to the hull and must be electrically continuous; and
(6) An inerted tankship must have a means to isolate the inert gas supply from the vapor collection system. The inert gas main isolation valve required by SOLAS 74, as amended, chapter II-2, Regulation 62.10.8 may be used to satisfy this requirement.
(b) The vapor collection system must not interfere with the proper operation of the cargo tank venting system.
(c) An isolation valve capable of manual operation must be provided at the vessel vapor connection. The valve must have an indicator to show clearly whether the valve is in the open or closed position, unless the valve position can be readily determined from the valve handle or valve stem.
(d) The last 1.0 meter (3.3 feet) of vapor piping before the vessel vapor connection must be:
(1) Painted red/yellow/red with:
(i) The red bands 0.1 meter (0.33 feet) wide, and
(ii) The middle yellow band 0.8 meter (2.64 feet) wide; and
(2) Labeled “VAPOR” in black letters at least 50 millimeters (2 inches) high.
(e) Each vessel vapor connection flange must have a permanently attached 0.5 inch diameter stud at least 1.0 inch long projecting outward from the flange face. The stud must be located at the top of the flange, midway between bolt holes, and in line with the bolt hole pattern.
(f) Each hose used for transferring vapors must:
(1) Have a design burst pressure of at least 25 psig;
(2) Have a maximum allowable working pressure of at least 5 psig;
(3) Be capable of withstanding at least 2.0 psi vacuum without collapsing or constricting;
(4) Be electrically continuous with a maximum resistance of ten thousand (10,000) ohms;
(5) Have flanges with:
(i) A bolt hole arrangement complying with the requirements for 150 pound class ANSI B16.5 flanges, and
(ii) One or more 0.625 inch diameter holes in the flange located midway between bolt holes and in line with the bolt hole pattern;
(6) Be abrasion resistant and resistant to kinking; and
(7) Have the last 1.0 meter (3.3 feet) of each end of the vapor hose marked in accordance with paragraph (d) of this section.
(g) Vapor hose handling equipment must be provided with hose saddles which provide adequate support to prevent kinking or collapse of hoses.
(a) Each cargo tank of a tank vessel that is connected to a vapor collection system must be equipped with a cargo gauging device which:
(1) Provides a closed gauging arrangement as defined in § 151.15.10 of this chapter that does not require opening the tank to the atmosphere during cargo transfer;
(2) Allows the operator to determine the liquid level in the tank for the full range of liquid levels in the tank;
(3) Indicates the liquid level in the tank at the location where cargo transfer is controlled; and
(4) If portable, is installed on the tank during the entire transfer operation.
(b) Except when a tank barge complies with § 39.20-9(a) of this part, each cargo tank of a barge must have a high level indicating device that:
(1) Provides a visual indication of the liquid level in the cargo tank when the cargo level is within 1.0 meter (3.28 feet) of the tank top;
(2) Has the maximum liquid level permitted under § 39.30-1(e) of this part at even keel conditions conspicuously and permanently marked on the indicating device; and
(3) Is visible from all cargo control areas on the tank barge.
(a) Each cargo tank of a tankship must be equipped with an intrinsically safe high level alarm and a tank overfill alarm.
(b) The high level alarm and tank overfill alarm required by paragraph (a) of this section, if installed after July 23, 1990 must:
(1) Be independent of each other;
(2) Alarm in the event of loss of power to the alarm system or failure of electrical circuitry to the tank level sensor; and
(3) Be able to be checked at the tank for proper operation prior to each transfer or contain an electronic self-testing feature which monitors the condition of the alarm circuitry and sensor.
(c) The high level alarm required by paragraph (a) of this section must:
(1) Alarm before the tank overfill alarm, but no lower than 95 percent of tank capacity;
(2) Be identified with the legend “High Level Alarm” in black letters at least 50 millimeters (2 inches) high on a white background; and
(3) Have audible and visible alarm indications that can be seen and heard on the vessel where cargo transfer is controlled.
(d) The tank overfill alarm required by paragraph (a) of this section must:
(1) Be independent of the cargo gauging system;
(2) Have audible and visible alarm indications that can be seen and heard on the vessel where cargo transfer is controlled and in the cargo deck area;
(3) Be identified with the legend “TANK OVERFILL ALARM” in black letters at least 50 millimeters (2 inches) high on a white background; and
(4) Alarm early enough to allow the person in charge of transfer operations to stop the transfer operation before the cargo tank overflows.
(e) If a spill valve is installed on a cargo tank fitted with a vapor collection system, it must meet the requirements of § 39.20-9(c) of this part.
(f) If a rupture disk is installed on a cargo tank fitted with a vapor collection system, it must meet the requirements of § 39.20-9(d) of this part.
Each cargo tank of a tank barge must have one of the following liquid overfill protection arrangements.
(a) A system meeting the requirements of § 39.20-7 of this part which:
(1) Includes a self-contained power supply;
(2) Is powered by generators installed on the barge; or
(3) Receives power from a facility and is fitted with a shore tie cable and a 120 volt 20 amp explosion-proof plug which meets:
(i) ANSI/NEMA WD6;
(ii) NFPA 70, Articles 410-57 and 501-12; and
(iii) § 111.105-9 of this chapter.
(b) An intrinsically safe overfill control system which:
(1) Is independent of the cargo gauging device required by § 39.20-3(a) of this part;
(2) Actuates an alarm and automatic shutdown system at the facility overfill control panel, or on the vessel to be lightered if a lightering operation, 60 seconds before the tank becomes 100 percent liquid full;
(3) Is able to be checked at the tank for proper operation prior to each loading;
(4) Consists of components which, individually or in series, will not generate or store a total of more than 1.2 V, 0.1 A, 25 mW, or 20 microjoules;
(5) Has at least one tank overfill sensor switch with normally closed contacts per cargo tank;
(6) Has all tank overfill sensor switches connected in series;
(7) Has interconnecting cabling that meets § 111.105-15(b) of this chapter; and
(8) Has a male plug with a 5 wire, 16 amp connector body meeting IEC 309-1/309-2 which is:
(i) Configured with pins S2 and R1 for the tank overfill sensor circuit, pin G connected to the cabling shield, and pins N and T3 reserved for an optional high level alarm circuit meeting the requirements of this paragraph; and
(ii) Labeled “Connector for Barge Overflow Control System” and with the total inductance and capacitance of the connected switches and cabling.
(c) A spill valve which:
(1) Meets ASTM F 1271 (incorporated by reference, see § 39.10-5);
(2) Relieves at a pressure higher than the pressure at which the pressure relief valves meeting the requirements of § 39.20-11 operate;
(3) Limits the maximum pressure at the cargo tank top during liquid overfill, at the maximum loading rate for the tank, to not more than the maximum design working pressure for the tank; and
(4) If the vessel is in ocean or coastwise service, has provisions to prevent opening due to cargo sloshing.
(d) A rupture disk arrangement which meets paragraphs (c)(2), (c)(3) and (c)(4) of this section and is approved by the Commandant (G-MSO).
(a) The cargo tank venting system required by § 32.55 of this chapter must:
(1) Be capable of discharging cargo vapor at 1.25 times the maximum transfer rate such that the pressure in the vapor space of each tank connected to the vapor collection system does not exceed:
(i) The maximum design working pressure for the tank, or
(ii) If a spill valve or rupture disk is fitted, the pressure at which the device operates;
(2) Not relieve at a pressure corresponding to a pressure in the cargo tank vapor space of less than 1.0 psig;
(3) Prevent a vacuum in the cargo tank vapor space, whether generated by withdrawal of cargo or vapor at maximum rates, that exceeds the maximum design vacuum for any tank connected to the vapor collection system; and
(4) Not relieve at a vacuum corresponding to a vacuum in the cargo tank vapor space of less than 0.5 psi below atmospheric pressure.
(b) Each pressure-vacuum relief valve must:
(1) Be tested for venting capacity in accordance with paragraph 1.5.1.3 of API 2000; and
(2) Have a means to check that the device operates freely and does not remain in the open position, if installed after July 23, 1991.
(c) The relieving capacity test required by paragraph (b)(1) of this section must be carried out with a flame screen fitted at the vacuum relief opening and at the discharge opening if the pressure-vacuum relief valve is not designed to ensure a minimum vapor discharge velocity of 30 meters (98.4 ft.) per second.
Each tankship vapor collection system must be fitted with a pressure sensing device that senses the pressure in the main vapor collection line, which:
(a) Has a pressure indicator located on the vessel where the cargo transfer is controlled; and
(b) Has a high pressure and a low pressure alarm that:
(1) Is audible and visible on the vessel where cargo transfer is controlled;
(2) Alarms at a high pressure of not more than 90 percent of the lowest pressure relief valve setting in the cargo tank venting system; and
(3) Alarms at a low pressure of not less than four inches water gauge (0.144 psig) for an inerted tankship, or the lowest vacuum relief valve setting in the cargo tank venting system for a non-inerted tankship.
(a) Vapor from a tank vessel may not be transferred to:
(1) A facility in the United States which does not have its letter of adequacy endorsed as meeting the requirements of 33 CFR part 154, subpart E; or
(2) In the case of a lightering or topping off operation, a vessel which does not have its certificate of inspection or certificate of compliance endorsed as meeting the requirements of this part.
(b) The pressure drop through the vapor collection system from the most remote cargo tank to the vessel vapor connection must be:
(1) Determined for each cargo handled by the vapor collection system at the maximum transfer rate and at lessor transfer rates;
(2) Based on a 50 percent cargo vapor and air mixture, and a vapor growth rate appropriate for the cargo being loaded; and
(3) Included in the vessel's oil transfer procedures as a table or graph showing the liquid transfer rate versus the pressure drop.
(c) If a vessel carries vapor hoses, the pressure drop through the hoses must be included in the pressure drop calculations required by paragraph (b) of this section.
(d) The rate of cargo transfer must not exceed the maximum allowable transfer rate as determined by the lesser of the following:
(1) Eighty (80) percent of the total venting capacity of the pressure relief valves in the cargo tank venting system when relieving at the set pressure required by § 39.20-11(a) of this part;
(2) The total vacuum relieving capacity of the vacuum relief valves in the cargo tank venting system when relieving at the set pressure required by § 39.20-11(a) of this part;
(3) The rate based on pressure drop calculations at which, for a given pressure at the facility vapor connection, or if lightering at the vapor connection of the vessel receiving cargo, the pressure in any cargo tank connected to the vapor collection system exceeds 80 percent of the setting of any pressure relief valve in the cargo tank venting system.
(e) A cargo tank must not be filled higher than:
(1) 98.5 percent of the cargo tank volume; or
(2) The level at which an overfill alarm complying with § 39.20-7 or § 39.20-9(b)(2) of this part is set.
(f) A cargo tank must not be opened to the atmosphere during cargo transfer operations except as provided in paragraph (g) of this section.
(g) A cargo tank may be opened to the atmosphere for gauging or sampling while a tank vessel is connected to a vapor control system if the following conditions are met:
(1) The cargo tank is not being filled;
(2) Except when the tank is inerted, any pressure in the cargo tank vapor space is first reduced to atmospheric pressure by the vapor control system;
(3) The cargo is not required to be closed or restricted gauged by Table 151.05 of part 151 or Table 1 in part 153 of this chapter; and
(4) For static accumulating cargo, all metallic equipment used in sampling or gauging is electrically bonded to the vessel before it is put into the tank, remains bonded to the vessel until it is removed from the tank, and if the tank is not inerted, a period of 30 minutes has elapsed since loading of the tank was completed.
(h) For static accumulating cargo the initial transfer rate must be controlled in accordance with Section 7.4 of the OCIMF, International Safety Guide for Oil Tankers and Terminals, in order to minimize the development of a static electrical charge.
(i) If cargo vapor is collected by a facility that requires the vapor from the vessel to be inerted in accordance with 33 CFR 154.820(a) or (b), the oxygen content in the vapor space of each cargo tank connected to the vapor collection system must not exceed 8 percent by volume at the start of cargo transfer. The oxygen content of each tank must be measured at a point one meter (3.28 feet) below the tanktop and at a point equal to one-half of the ullage. Where tanks have partial bulkheads, the oxygen content of each area of that tank formed by each partial bulkhead must be measured at a point one meter (3.28 feet) below the tanktop and at a point equal to one-half of the ullage.
(j) If the vessel is equipped with an inert gas system, the isolation valve required by § 39.20-1(a)(6) of this part must remain closed during vapor transfer.
(k) Unless equipped with an automatic self-test and circuit monitoring feature, each high level alarm and tank overfill alarm required by § 39.20-7 or § 39.20-9 of this part, on a cargo tank being loaded, must be tested at the tank for proper operation within 24 hours prior to the start of cargo transfer.
(a) Except as provided in paragraph (b) of this section, each vessel which uses vapor balancing while conducting a lightering or topping-off operation must meet the requirements of this subpart in addition to the requirements of subparts 39.10, 39.20, and 39.30 of this part.
(b) An arrangement to control vapor emissions during a lightering or topping-off operation which does not use vapor balancing must receive approval from the Commandant (G-MSO).
(c) A vapor balancing operation must not use a compressor or blower to assist vapor transfer without approval from the Commandant (G-MSO).
(d) Vapor balancing is prohibited when the cargo tanks on a vessel discharging cargo are inerted and the cargo tanks on a vessel receiving cargo are not inerted.
(e) A vessel which intends to engage in a lightering or topping-off operation while collecting cargo vapor from other than crude oil, gasoline, or benzene must receive specific approval from the Commandant (G-MSO).
(a) If the cargo tanks on a vessel discharging cargo and a vessel receiving cargo are inerted, the service vessel must:
(1) Have a means to inert the vapor transfer hose prior to transferring cargo vapor; and
(2) Have an oxygen analyzer with a sensor or sampling connection fitted within 3 meters (9.74 ft.) of the vessel vapor connection which:
(i) Activates an audible and visible alarm at a location on the service vessel where cargo transfer is controlled when the oxygen content in the vapor collection system exceeds 8 percent by volume;
(ii) Has an oxygen concentration indicator located on the service vessel where the cargo transfer is controlled; and
(iii) Has a connection for injecting a span gas of known concentration for calibration and testing of the oxygen analyzer.
(b) If the cargo tanks on a vessel discharging cargo are not inerted, the vapor collection line on the service vessel must be fitted with a detonation arrester that meets the requirements of 33 CFR 154.822(a) located within 3 meters (9.74 ft.) of the vessel vapor connection.
(c) An electrical insulating flange or one length of non-conductive hose must be provided between the vessel vapor connection on the service vessel and the vapor connection on the vessel being lightered or topped-off.
(a) During a lightering or topping-off operation each cargo tank being loaded must be connected by the vapor collection system to a cargo tank which is being discharged.
(b) If the cargo tanks on both the vessel discharging cargo and the vessel receiving cargo are inerted, the following requirements must be met:
(1) Each tank on a vessel receiving cargo which is connected to the vapor collection system must be tested prior to cargo transfer to ensure that the oxygen content in the vapor space does not exceed 8 percent by volume. The oxygen content of each tank must be measured at a point one meter (3.28 feet) below the tanktop and at a point equal to one-half of the ullage. Where tanks have partial bulkheads, the oxygen content of each area of that tank formed by each partial bulkhead must be measured at a point one meter (3.28 feet) below the tanktop and at a point equal to one-half of the ullage;
(2) The oxygen analyzer required by § 39.40-3(a) must be tested for proper operation prior to the start of each transfer operation;
(3) The oxygen content of vapors being transferred must be continuously monitored during the transfer operation;
(4) Cargo transfer must be terminated if the oxygen content exceeds 8 percent by volume and must not be restarted until the oxygen content in the tanks of the vessel receiving cargo is reduced to 8 percent by volume or less; and
(5) The vapor transfer hose must be purged of air and inerted prior to starting vapor transfer.
(c) The isolation valve, required by § 39.20-1(c) of this part, located on the service vessel must not be opened until the pressure in the vapor collection system on the vessel receiving cargo exceeds the pressure in the vapor collection system on the vessel discharging cargo.
(d) The cargo transfer rate must be controlled from the vessel discharging cargo, and must not exceed the maximum allowable transfer rate for the vessel receiving cargo.
(e) The pressure in the vapor space of any cargo tank connected to the vapor collection line on either the vessel receiving cargo or the vessel discharging cargo must not exceed 80 percent of the lowest setting of any pressure relief valve during ballasting or cargo transfer.
(f) All impressed current cathodic protection systems must be deenergized during cargo transfer operations.
(g) Tank washing is prohibited unless the cargo tanks on both the vessel discharging cargo and the vessel receiving cargo are inerted or the tank is isolated from the vapor collection line.
This listing is provided for informational purposes only. It is compiled and kept current by the U.S. Coast Guard, Department of Homeland Security. This index is updated as of October 1, 2003.
A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabetical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published separately and revised annually.
Material Approved for Incorporation By Reference
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected
The Director of the Federal Register has approved under 5 U.S.C. 552(a) and 1 CFR part 51 the incorporation by reference of the following publications. This list contains only those incorporations by reference effective as of the revision date of this volume. Incorporations by reference found within a regulation are effective upon the effective date of that regulation. For more information on incorporation by reference, see the preliminary pages of this volume.
All changes in this volume of the Code of Federal Regulations which were made by documents published in the
For the period before January 1, 2001, see the “List of CFR Sections Affected, 1949-1963, 1964-1972, 1973-1985, and 1986-2000” published in 11 separate volumes.