[Title 46 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 1996 Edition]
[From the U.S. Government Printing Office]


          46



          Shipping



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          PARTS 1 TO 40

          Revised as of October 1, 1996
          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT

          AS OF OCTOBER 1, 1996
          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration

          as a Special Edition of
          the Federal Register



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                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1996



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328



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                            Table of Contents


                                                                    Page
  Explanation.................................................       v
  Title 46:
    Chapter I--Coast Guard, Department of Transportation......       3
  Finding Aids:
    Material Approved for Incorporation by Reference..........     497
    Table of CFR Titles and Chapters..........................     501
    Alphabetical List of Agencies Appearing in the CFR........     517
    List of CFR Sections Affected.............................     527

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                                  ----------------------------------------------------------                    
                                   Cite this Code:  CFR                                                         
                                                                                                                
                                   To cite the regulations in this volume use title, part                       
                                    and section number. Thus, 46 CFR 1.01-05 refers to                          
                                    title 46, part 1, section 01-05.                                            
                                                                                                                
                                  ----------------------------------------------------------                    
                                                                                                                


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                               EXPLANATION

    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.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, October 1, 1996), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

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Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 523-4534.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I), and Acts Requiring Publication 
in the Federal Register (Table II). A list of CFR titles, chapters, and 
parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.

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    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408.
SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call 202-512-1800, 
M-F, 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2233, 24 hours 
a day. For payment by check, write to the Superintendent of Documents, 
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Customer Service call 202-512-1803.

                              Richard L. Claypoole,
                                    Director,
                          Office of the Federal Register.

October 1, 1996.



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                               THIS TITLE

    Title 46--Shipping is composed of nine volumes. The parts in these 
volumes are arranged in the following order: Parts 1-40, 41-69, 70-89, 
90-139, 140-155, 156-165, 166-199, 200-499 and 500 to End. The first 
seven volumes containing parts 1-199 comprise chapter I--Coast Guard, 
Department of Transportation. The eighth volume containing parts 200 to 
499 includes chapter II--Maritime Administration, DOT. The ninth volume 
containing part 500 to End includes chapter IV--Federal Maritime 
Commission. The contents of these volumes represent all current 
regulations codified under this title of the CFR as of October 1, 1996.

    Subject indexes appear for subchapter B--Merchant Marine Officers 
and Seamen, subchapter C--Uninspected Vessels, and subchapter D--Tank 
Vessels following the subchapters in parts 1-40; for subchapter F--
Marine Engineering following the subchapter in parts 41-69; for 
subchapter H--Passenger Vessels following the subchapter in parts 70-89; 
for subchapter I--Cargo and Miscellaneous Vessels, subchapter I-A-Mobile 
Offshore Drilling Units, and subchapter J--Electrical Engineering; for 
subchapter K--Small Passenger Vessels Carrying more than 150 Passengers 
or with Overnight Accommodations for more than 49 Passengers, for 
subchapter L--Offshore Supply Vessels following the subchapters in parts 
90-139 for subchapter S--Subdivision and Stability, for subchapter T--
Small Passenger Vessels (Under 100 Gross Tons) and for subchapter W--
Lifesaving Appliances and Arrangements following the subchapters in 
parts 166-199.

    For this volume Brian Swidal was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of Frances D. 
McDonald, assisted by Alomha S. Morris.

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                           TITLE 46--SHIPPING




                     (This book contains parts 1-40)

  --------------------------------------------------------------------
                                                                    Part
chapter i--Coast Guard, Department of Transportation........           1

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                         CHAPTER I--COAST GUARD,






                      DEPARTMENT OF TRANSPORTATION




  --------------------------------------------------------------------

            SUBCHAPTER A--PROCEDURES APPLICABLE TO THE PUBLIC

Part                                                                Page
1               Organization, general course and methods 
                    governing marine safety functions.......           5
2               Vessel inspections..........................          12
3               Designation of oceanographic research 
                    vessels.................................          37
4               Marine casualties and investigations........          38
5               Marine investigation regulations--personnel 
                    action..................................          53
6               Waivers of navigation and vessel inspection 
                    laws and regulations....................          75
7               Boundary lines..............................          78
9               Extra compensation for overtime services....          86

            SUBCHAPTER B--MERCHANT MARINE OFFICERS AND SEAMEN

10              Licensing of maritime personnel.............          89
12              Certification of seamen.....................         160
13              Certification of Tankermen..................         186
14              Shipment and discharge of seamen............         204
15              Manning requirements........................         210
16              Chemical testing............................         226

                Index subchapter B..........................         243

                    SUBCHAPTER C--UNINSPECTED VESSELS

24              General provisions..........................         259
25              Requirements................................         268
26              Operations..................................         278
28              Requirements for commercial fishing industry 
                    vessels.................................         281


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                Index subchapter C..........................         327
                       SUBCHAPTER D--TANK VESSELS
30              General provisions..........................         331
31              Inspection and certification................         352
32              Special equipment, machinery, and hull 
                    requirements............................         380
34              Firefighting equipment......................         411
35              Operations..................................         430
36              Elevated temperature cargoes................         452
38              Liquefied flammable gases...................         453
39              Vapor control systems.......................         469

                Index subchapter D..........................         479

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            SUBCHAPTER A--PROCEDURES APPLICABLE TO THE PUBLIC





PART 1--ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS--Table of Contents




         Subpart 1.0--Organization and General Flow of Functions

Sec.
1.01-5  Definitions of terms used in this part.
1.01-10  Organization.
1.01-15  Organization; districts.
1.01-20  Suspension and revocation proceedings.
1.01-25  General flow of functions.
1.01-30  Judicial review.
1.01-35  OMB control numbers assigned pursuant to the Paperwork 
          Reduction Act.

                     Subpart 1.03--Rights of Appeal

1.03-10  Definition of terms used in this subpart.
1.03-15  General.
1.03-20  Appeals from decisions or actions of an OCMI.
1.03-25  Appeals from decisions or actions of a District Commander.
1.03-30  Appeals from decisions or actions of the Marine Safety Center.
1.03-35  Appeals from decisions or actions of a recognized 
          classification society acting on behalf of the Coast Guard.
1.03-40  Appeals from decisions or actions of a tonnage measurement 
          authority.
1.03-45  Appeals from decisions or actions involving documentation of 
          vessels.

    Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 49 CFR 1.45, 
1.46; Sec. 1.01-35 also issued under the authority of 44 U.S.C. 3507.

    Source: CGD 88-033, 54 FR 50376, Dec. 6, 1989, unless otherwise 
noted.



        Subpart 1.01--Organization and General Flow of Functions



Sec. 1.01-05  Definitions of terms used in this part.

    (a) The term Commandant means the Commandant of the Coast Guard.
    (b) The term District Commander means an officer of the Coast Guard 
designated as such by the Commandant to command all Coast Guard 
activities within a district.



Sec. 1.01-10  Organization.

    (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 Chief, Marine Safety 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; 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 Chief, Marine Safety and 
Environmental Protection, exercises technical control over the Director, 
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 Chief, Marine Safety and Environmental 
Protection, establishes

[[Page 6]]

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 Chief, Marine Safety 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 Chief, Marine Safety 
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 Chief, Marine Safety 
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 Chief, Marine Safety and Environmental 
Protection, acts as Program Manager for the Marine Safety and Marine 
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; and serves as the 
focal point for field support and technical guidance.
    (A) The Chief, Office of Compliance (G-MOC), at Headquarters, under 
the direction of the Chief, Marine Safety 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 and enforcement; administers 
the marine inspection program and foreign vessel boarding program for 
the enforcement of commercial vessel material and operational safety 
standards; and supervises the administration of licensing and 
documenting of merchant personnel, the issuance of certificates of 
registry to merchant marine staff officers, and the manning of U.S. 
vessels.

[[Page 7]]

    (B) The Chief, Office of Response (G-MOR), at Headquarters, under 
the Direction of the Chief, Marine Safety 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 Chief, Marine Safety 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.
    (iii) The Director of Resource Management (G-MR), under the general 
direction and supervision of the Chief, Marine Safety 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 of the Coast Guard's marine safety programs; 
provides the focal point for all resource issues in support of the 
Standards and Operations Directorates; and oversees the development and 
management of the Coast Guard's direct user fee program.
    (iv) The Director, Coast Guard National Maritime Center (NMC) under 
technical control of the Chief, Marine Safety 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; administers operational and administrational control over 
the National Vessel Documentation Center which administers U.S. vessel 
identification and documentation; oversees and administers the U.S. 
tonnage measurement program which measures U.S. naval vessels and 
oversees issuance of international and domestic tonnage certificates; 
administers merchant mariner licensing and seaman's documentation; and 
oversees the national pilotage program.
    (2) The Chief Counsel of the Coast Guard at Headquarters, under the 
general direction and supervision of the General Counsel, Department of 
Transportation 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.

[CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by CGD 95-072, 60 FR 
50458, Sept. 29, 1995; CGD 95-072, 60 FR 54106, Oct. 19, 1995; CGD 96-
041, 61 FR 50724, Sept. 27, 1996]



Sec. 1.01-15  Organization; districts.

    (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,

[[Page 8]]

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, shipment and discharge of seaman; 
investigations of marine casualties and accidents; investigations of 
violations of law; negligence, misconduct, unskillfullness, incompetence 
or misbehavior of persons holding licenses, certificates, or documents 
issued by the Coast Guard; initiations of actions seeking suspension or 
revocation under 46 U.S.C. chapter 77 of licenses, certificates and 
documents held by persons, and presentation of cases at hearings before 
Administrative Law Judges; and the enforcement of navigation, vessel 
inspection and seaman laws in general.

    Note: Licensing and Certification functions are performed only by 
the Officer in Charge, Marine Inspection, at the following locations:

Boston, MA
New York, NY
Baltimore, MD
Charleston, SC
Miami, FL
New Orleans, LA
Houston, TX
Memphis, TN
St. Louis, MO
Toledo, OH
Long Beach, CA
San Francisco, CA
Portland, OR
Seattle, WA
Anchorage, AK
Juneau, AK
Honolulu, HI

    Where the term Officer in Charge, Marine Inspection, Marine 
Inspection Office, or Marine Safety Office is used within the context of 
parts 10, 12 or 187 of this chapter, it is understood to mean that 
particular Officer or Office at one of the above listed locations.
    (c) For descriptions of Coast Guard districts and marine safety 
zones, see 33 CFR part 3.

[[Page 9]]



Sec. 1.01-20  Suspension and revocation proceedings.

    (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.



Sec. 1.01-25  General flow of functions.

    (a) The Officer in Charge, Marine Inspection, has final authority 
with respect to the functions described in Sec. 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 the District Commander. From the 
District Commander the course is to the Chief of one of the offices 
within the Marine Safety and Environmental Protection at Headquarters. 
In most administrative cases the channel ends at this point; however, on 
matters of policy and other appropriate cases, the course continues to 
the Chief, Marine Safety and Environmental Protection, and then to the 
Commandant, whose decisions are final.
    (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.

[[Page 10]]

    (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 Administrative Law Judges' Circulars and Administrative Law 
Judges' Internal Practices and Procedures Series. The Chief 
Administrative Law Judge, located in the Office of the Commandant, U.S. 
Coast Guard, maintains a complete file of these publications for reading 
purposes during normal working hours.

[CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by CGD 96-041, 61 FR 
50725, Sept. 27, 1996]



Sec. 1.01-30  Judicial review.

    (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.



Sec. 1.01-35  OMB control numbers assigned pursuant to the Paperwork Reduction Act.

    (a) Purpose. This section collects and displays the control numbers 
assigned to information collection and record keeping requirements in 
this subchapter by the Office of Management and Budget (OMB) pursuant to 
the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). The Coast 
Guard intends that this section comply with the requirements of 44 
U.S.C. 3507(f) which requires agencies display a current control number 
assigned by the Director of the OMB for each approved agency information 
collection requirement.
    (b) Display.

------------------------------------------------------------------------
46 CFR part or section where identified or                              
                 described                     Current OMB control No.  
------------------------------------------------------------------------
Sec.  2.01................................  2115-0007                   
Sec.  2.95-10.............................  2115-0141                   
Sec.  3.10................................  2115-0053                   
Part 4....................................  2115-0003                   
Part 6....................................  2115-0005                   
------------------------------------------------------------------------



                     Subpart 1.03--Rights of Appeal



Sec. 1.03-10  Definition of terms used in this subpart.

    (a) The term recognized classification society means the American 
Bureau of Shipping or other classification society recognized by the 
Commandant.
    (b) The term new vessel means:
    (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 existing vessel means a vessel which is not a new 
vessel.



Sec. 1.03-15  General.

    (a) Any person directly affected by a decision or action taken under 
this chapter, 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.

[[Page 11]]

    (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 Chief, 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, vessel manning issues or other personnel 
issues;
    (2) Commanding Officer, U.S. Coast Guard Marine Safety Center, for 
appeals involving vessel plan review issues or vessel tonnage issues; or
    (3) Director, National Maritime Center, for appeals involving 
measurement issues and vessel documentation issues.
    (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 Chief, Marine 
Safety and Environmental Protection, or by an office chief pursuant to 
authority delegated by the Commandant is final agency action on the 
appeal.

[CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by CGD 89-007, CGD 
89-007a, 58 FR 60265, Nov. 15, 1993; CGD 96-041, 61 FR 50725, Sept. 27, 
1996]



Sec. 1.03-20  Appeals from decisions or actions of an OCMI.

    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 Sec. 1.03-15 of this subpart.



Sec. 1.03-25  Appeals from decisions or actions of a District Commander.

    Any person directly affected by a decision or action of a District 
Commander made pursuant to Sec. 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 Sec. 1.03-15 of this subpart.



Sec. 1.03-30  Appeals from decisions or actions of the Marine Safety Center.

    (a) Any person directly affected by a decision or action of the 
Marine Safety Center which 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 Sec. 1.03-15 of this subpart.
    (b) Any person directly affected by a decision or action of the 
Marine Safety Center which 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 Sec. 1.03-20 
of this subpart.



Sec. 1.03-35  Appeals from decisions or actions of a recognized classification society acting on behalf of the Coast Guard.

    (a) Any person directly affected by a decision or action of a 
recognized classification society performing plan review 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

[[Page 12]]

the procedures contained in Sec. 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 Sec. 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 
Sec. 1.03-20 of this subpart.
    (c) Any person directly affected by a decision or action of a 
recognized classification society acting as a load line assigning 
authority, as defined in Sec. 42.05-10 of this chapter, 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 Sec. 1.03-15 of this subpart.



Sec. 1.03-40  Appeals from decisions or actions of a tonnage measurement authority.

    (a) Any person directly affected by a decision or action of an 
officer or employee of the Coast Guard, when acting as a tonnage 
measurement authority under Sec. 69.15 of this chapter, may make a 
formal appeal of that decision or action to the Commandant, in 
accordance with the procedures contained in Sec. 1.03-15 of this 
subpart.
    (b) Any person directly affected by a decision or action of an 
organization authorized to measure vessels on behalf of the Coast Guard, 
as identified in Sec. 69.15(a) of this chapter or pursuant to a 
delegation of authority under Sec. 69.27 of this chapter, may make a 
formal appeal of that decision or action, via the measurement 
organization, to the Commandant, in accordance with the procedures 
contained in Sec. 1.03-15 of this subpart.



Sec. 1.03-45  Appeals from decisions or actions involving documentation of vessels.

    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 of this chapter, may make a 
formal appeal of that decision or action to the Commandant in accordance 
with the procedures contained in Secs. 1.03-15 through 1.03-25 of this 
subpart.

[CGD 89-007, CGD 89-007a, 58 FR 60265, Nov. 15, 1993]



PART 2--VESSEL INSPECTIONS--Table of Contents




          Subpart 2.01--Inspecting and Certificating of Vessels

Sec.
2.01-1  Applications for inspections.
2.01-3  Notification of inspection.
2.01-5  Certificate of inspection.
2.01-6  Certificates issued to foreign vessels.
2.01-7  Classes of vessels (including motorboats) examined or inspected 
          and certificated.
2.01-8  Application of regulations to vessels or tankships on an 
          international voyage.
2.01-10  Inspection requirements--domestic vessels.
2.01-13  Inspection requirements--foreign vessels.
2.01-15  Vessel repairs.
2.01-20  Revocation of certificates of inspection.
2.01-25  International Convention for Safety of Life at Sea, 1974.
2.01-40  Passengers or persons in addition to crew on cargo or tank 
          vessels.
2.01-45  Excursion permit.
2.01-50  Persons other than crew on towing, oyster, or fishing steam 
          vessels.
2.01-60  Overtime compensation.
2.01-70  Right of appeal.
2.01-80  Vessel inspections in Alaska.

                           Subpart 2.10--Fees

2.10-1  Applicability.
2.10-5  Exemptions.
2.10-10  Waivers.
2.10-20  General requirements.
2.10-25  Definitions.
2.10-101  Annual vessel inspection fee.
2.10-105  Prepayment of annual vessel inspection fees.
2.10-115  Changes in vessel service.
2.10-120  Overseas inspection and examination fees.
2.10-125  Fees for examination of foreign tankships.
2.10-130  Fees for examination of foreign mobile offshore drilling 
          units.
2.10-135  Penalties.

                     Subpart 2.20--Reports and Forms

2.20-1  Forms.

[[Page 13]]

2.20-40  Chief engineer's reports.
2.20-50  Repairs or alterations in lifesaving or fire prevention 
          equipment.

     Subpart 2.45--Waivers of Navigation and Vessel Inspection Laws

2.45-1  Authority for and limitations on issuance.
2.45-5  Policy.
2.45-10  Waivers issued.
2.45-15  Specific individual waivers.
2.45-20  General waivers.

 Subpart 2.50--Assessment, Mitigation or Remission of Penalties [Note]--
                               [Reserved]

       Subpart 2.75--Approvals of Safety Equipment, Materials and 
      Installations, and Qualifications for Construction Personnel

2.75-1  Approvals.
2.75-5  Certificates of approval.
2.75-10  Procedures for obtaining approvals.
2.75-15  Requirements and tests.
2.75-25  Portable fire extinguishers.
2.75-40  Suspension of approval.
2.75-50  Withdrawals or terminations of approvals and appeals.
2.75-60  Hazardous ships' stores.
2.75-70  Welding procedure and performance qualifications.

                        Subpart 2.85--Load Lines

2.85-1  Assignment of load lines.

               Subpart 2.90--Plans, Drawings or Blueprints

2.90-1  General requirements.

            Subpart 2.95--Retention of Records by the Public

2.95-1  Certificates or documents issued by Coast Guard.
2.95-5  Certificates or documents issued by others.
2.95-10  Equipment or material required to be approved.

    Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 3306, 3703; 
E.O. 12334, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46; 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).

    Source: CGFR 65-50, 30 FR 16604, Dec. 30, 1965, unless otherwise 
noted.



          Subpart 2.01--Inspecting and Certificating of Vessels



Sec. 2.01-1   Applications for inspections.

    (a) Application forms. (1) Applications for the inspections of 
vessels required to be inspected by the Coast Guard by 46 U.S.C. 362, 
363, 367, 390a, 391, 391a, 392, 395, 404, 405, 526, 1333, or 50 U.S.C. 
198, shall be made by the master, owner or agent on the following Coast 
Guard forms which are obtainable from the Officer in Charge, Marine 
Inspection, at any local Marine Inspection Office, U.S. Coast Guard.
    (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) To whom submitted. The completed form must be submitted to the 
Officer in Charge, Marine Inspection, in the Marine Inspection Zone 
within which the inspection is to be conducted.
    (c) New vessels. Applications for inspection of new vessels must be 
preceded by the submission of applicable drawings or prints in 
accordance with the specific requirements in subchapters D (Tank 
Vessels), E (Load Lines), F (Marine Engineering), H (Passenger Vessels), 
I (Cargo and Miscellaneous Vessels), J (Electrical Engineering), O 
(Certain Bulk Dangerous Cargoes), S (Subdivision and Stability), and T 
(Small Passenger Vessels) of this chapter applicable to that particular 
type of vessel or type of service in which the vessel is proposed to be 
operated.
    (d) Foreign-built vessels. (1) Those foreign-built vessels which are 
specifically authorized by public or private laws to engage in the 
coastwise trade, and those foreign-built vessels which are documented to 
engage in the foreign trade shall be inspected and certificated as 
required by law and/or the regulations in this chapter which are

[[Page 14]]

applicable to their class and employment.
    (2) Under certain circumstances as described in law (see 46 U.S.C. 
11, 13, 289, 292, 316, 808, 883, or other laws), certain foreign-built 
vessels are not permitted to engage in the United States 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 Bureau of Customs, such vessels will not be inspected and 
certificated unless specifically authorized by law to engage in the 
coastwise trade.

[CG FR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 79-023, 48 
FR 51006, Nov. 4, 1983; CGD 91-030, 60 FR 13563, Mar. 13, 1995]



Sec. 2.01-3  Notification of inspection.

    (a) At least 30 days, but less than 60 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.

[CGD 85-015, 51 FR 19340, May 29, 1986]



Sec. 2.01-5  Certificate of inspection.

    (a) Issuance of certificates. Upon completion of the inspection of a 
United States vessel, and on condition that the vessel and its equipment 
are approved by the inspector, a certificate of one or more of the 
following Coast Guard forms is issued by the Officer in Charge, Marine 
Inspection:
    (1) CG-841--Certificate of Inspection.
    (2) CG-854--Temporary Certificate of Inspection.
    (3) CG-3753--Certificate of Inspection (for small passenger 
vessels).
    (4) CG-4678--Barge Certificate of Inspection.
    (b) Description of certificates. The certificates of inspection 
issued to United States vessels describe the vessel, the route the 
vessel may travel, the minimum manning requirements, the safety 
equipment and appliances required to be on board, the total number of 
persons that may be carried, and the names of the owners and operators. 
The period of validity is stated on the certificate. The certificate may 
be renewed by applying for inspection under Sec. 2.01-1.
    (c) Amending certificates. When because of a change in the character 
of the vessel or vessel's route, equipment, etc. the vessel does not 
comply with the requirements of the Certificate of Inspection previously 
issued, a certificate amending such certificate may be issued at the 
discretion of the Officer in Charge, Marine Inspection, to whom request 
is made on Coast Guard form CG-858, Certificate of Inspection Amendment.

[CGD 77-014, 44 FR 5316, Jan. 25, 1979]



Sec. 2.01-6  Certificates issued to foreign vessels.

    (a) Issuance of certificates. Upon completion of an examination of a 
foreign vessel, one or more of the following certificates is issued by 
the Officer in Charge, Marine Inspection:
    (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

[[Page 15]]

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 Sec. 2.01-5.
    (b) Description of Certificates. (1) CG-4504--Control Verification 
for Foreign Vessels--describes the vessel, type of certificate required 
by the International Convention for the Safety of Life at Sea, 1974, 
country issued by, and its expiration date. The period of validity of a 
control verification for foreign vessel is stated on the certificate.
    (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 Sec. 2.01-5(c).

 [CGD 77-014, 44 FR 5316, Jan. 25, 1979, as amended by CGD 90-008, 55 FR 
30659, July 26, 1990; CGD 91-030, 60 FR 13563, Mar. 13, 1995]



Sec. 2.01-7   Classes of vessels (including motorboats) examined or inspected and certificated.

    (a) The regulations in this chapter concerning inspecting and 
certificating vessels are applicable to vessels (including motorboats) 
as indicated in the following Table 2.01-7(a):

[[Page 16]]



                                                                                         Table 2.01-7(a)                                                                                        
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Classes of vessels (including motorboats) examined or inspected under various Coast Guard Regulations\1\                
                                                      ------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Vessels inspected and                                                                                              
                                                                              certificated under     Vessels inspected                                                        Vessels subject to
                                     Size or other      Vessels inspected    either Subchapter H--   and certificated       Vessels subject to         Vessels subject to      the provisions of
      Method of propulsion            limitations        and certificated          Passenger         under Subchapter    provisions of Subchapter   provisions of Subchapter    Subchapter O--  
                                                       under Subchapter D-- Vessels\2\\3\\4\\5\ or     I--Cargo and           C--Uninspected            U--Oceanographic         Certain Bulk   
                                                         Tank Vessels\2\      Subchapter T--Small      Miscellaneous      Vessels\2\\3\\6\\7\\8\     Vessels\2\\5\\6\\7\\9\        Dangerous    
                                                                                   Passenger           Vessels\2\\5\                                                              Cargoes\10\   
                                                                               Vessels\2\\3\\4\                                                                                                 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Column 1                          Column 2...........  Column 3...........  Column 4..............  Column 5..........  Column 6.................  Column 7.................  Column 8          
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Steam...........................  Vessels not over 65  All vessels          All vessels carrying    All tugboats and    All vessels except those   None.....................  All vessels       
                                   feet in length.      carrying             more than 6             towboats.           covered by columns 3, 4,                              carrying in bulk 
                                                        combustible or       passengers.\7\                              5, and 7.                                             the cargoes      
                                                        flammable liquid                                                                                                       listed in Table I
                                                        cargo in bulk.                                                                                                         of Pt. 153 and   
                                                                                                                                                                               Table 4 of Pt.   
                                                                                                                                                                               154.             
                                 ---------------------------------------------------------------------------------------------------------------------------------------------------------------
                                  Vessels over 65      All vessels          1. All vessels          All vessels except  None.....................  All vessels engaged in         Do.           
                                   feet in length.      carrying             carrying more than 12   those covered by                               oceanographic research.                     
                                                        combustible or       passengers on an        columns 3 and 4.                                                                           
                                                        flammable liquid     international voyage,                                                                                              
                                                        cargo in bulk.\5\    except yachts.                                                                                                     
                                                                            2. All vessels of not                                                                                               
                                                                             over 15 gross tons                                                                                                 
                                                                             which carry more than                                                                                              
                                                                             6 passengers.\7\                                                                                                   
                                                                            3. All other vessels                                                                                                
                                                                             carrying                                                                                                           
                                                                             passengers,\7\                                                                                                     
                                                                             except:                                                                                                            
                                                                                a. Yachts.                                                                                                      
                                                                                b. Documented                                                                                                   
                                                                             cargo or tank vessels                                                                                              
                                                                             issued a permit to                                                                                                 
                                                                             carry not more than                                                                                                
                                                                             16 persons in                                                                                                      
                                                                             addition to the crew.                                                                                              

[[Page 17]]

                                                                                                                                                                                                
                                                                                c. Towing and                                                                                                   
                                                                             fishing vessels, in                                                                                                
                                                                             other than ocean and                                                                                               
                                                                             coastwise service,                                                                                                 
                                                                             may carry persons on                                                                                               
                                                                             the legitimate                                                                                                     
                                                                             business of the                                                                                                    
                                                                             vessel\5\ in addition                                                                                              
                                                                             to crew, but not to                                                                                                
                                                                             exceed one for each                                                                                                
                                                                             net ton of the vessel.                                                                                             
Motor...........................  Vessels not over 15  All vessels          All vessels carrying    Those vessels       All vessels except those   None.....................      Do.           
                                   gross tons.          carrying             more than 6             carrying            covered by columns 3, 4,                                               
                                                        combustible or       passengers.\7\          dangerous cargoes   5, and 7.                                                              
                                                        flammable liquid                             when required by                                                                           
                                                        cargo in bulk.                               46 CFR part 98 or                                                                          
                                                                                                     49 CFR parts 171-                                                                          
                                                                                                     179.                                                                                       
                                 ---------------------------------------------------------------------------------------------------------------------------------------------------------------
                                  Vessels over 15      All vessels          1. All vessels          All vessels         All vessels except those   None.....................      Do.           
                                   gross tons except    carrying             carrying more than 12   carrying freight    covered by columns 3, 4,                                               
                                   seagoing motor       combustible or       passengers on an        for hire except     5, and 7.                                                              
                                   vessels of 300       flammable liquid     international voyage,   those covered by                                                                           
                                   gross tons and       cargo in bulk.\5\    except yachts.          columns 3 and 4.                                                                           
                                   over.                                                                                                                                                        
                                                                            2. All vessels not                                                                                                  
                                                                             over 65 feet in                                                                                                    
                                                                             length which carry                                                                                                 
                                                                             more than 6                                                                                                        
                                                                             passengers.\7\                                                                                                     
                                                                            3. All other vessels                                                                                                
                                                                             of over 65 feet in                                                                                                 
                                                                             length carrying                                                                                                    
                                                                             passengers for hire                                                                                                
                                                                             except documented                                                                                                  
                                                                             cargo or tank vessels                                                                                              
                                                                             issued a permit to                                                                                                 
                                                                             carry not more than                                                                                                
                                                                             16 persons in                                                                                                      
                                                                             addition to the crew.                                                                                              
                                 ---------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 18]]

                                                                                                                                                                                                
                                  Seagoing motor       All vessels          1. All vessels          All vessels except  All vessels except those   All vessels engaged in         Do.           
                                   vessels of 300       carrying             carrying more than 12   those covered by    covered by columns 3, 4,   oceanographic research.                     
                                   gross tons and       combustible or       passengers on an        columns 3 and 4,    5, and 7.                                                              
                                   over.                flammable liquid     international voyage,   and those engaged                                                                          
                                                        cargo in bulk.\5\    except yachts.          in the fishing,                                                                            
                                                                                                     oystering,                                                                                 
                                                                                                     clamming,                                                                                  
                                                                                                     crabbing, or any                                                                           
                                                                                                     other branch or                                                                            
                                                                                                     the fishery,                                                                               
                                                                                                     kelp, or sponge                                                                            
                                                                                                     industry.                                                                                  
                                                                            2. All other vessels                                                                                                
                                                                             carrying                                                                                                           
                                                                             passengers,\7\                                                                                                     
                                                                             except:                                                                                                            
                                                                                a. Yachts.                                                                                                      
                                                                                b. Documented                                                                                                   
                                                                             cargo or tank vessels                                                                                              
                                                                             issued a permit to                                                                                                 
                                                                             carry not more than                                                                                                
                                                                             16 persons in                                                                                                      
                                                                             addition to the crew.                                                                                              
                                 ---------------------------------------------------------------------------------------------------------------------------------------------------------------
Sail............................  Vessels not over     All vessels          All vessels carrying    Those vessels       None.....................  None.....................      Do.           
                                   700 gross tons.      carrying             more than 6             carrying                                                                                   
                                                        combustible or       passengers.\7\          dangerous cargoes                                                                          
                                                        flammable liquid                             when required by                                                                           
                                                        cargo in bulk.                               46 CFR part 98 or                                                                          
                                                                                                     49 CFR parts 171-                                                                          
                                                                                                     179.                                                                                       
                                 ---------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 19]]

                                                                                                                                                                                                
                                  Vessels over 700     All vessels          All vessels carrying    Those vessels       None.....................  None.....................      Do.           
                                   gross tons.          carrying             passengers for hire.    carrying                                                                                   
                                                        combustible or                               dangerous cargoes                                                                          
                                                        flammable liquid                             when required by                                                                           
                                                        cargo in bulk.                               46 CFR part 98 or                                                                          
                                                                                                     49 CFR parts 171-                                                                          
                                                                                                     179.                                                                                       
                                 ---------------------------------------------------------------------------------------------------------------------------------------------------------------
Non-self-propelled..............  Vessels less than    All vessels          All vessels carrying    Those vessels       All barges carrying        None.....................  All tank barges   
                                   100 gross tons.      carrying             more than 6             carrying            passengers except those                               carrying in bulk 
                                                        combustible or       passengers.\7\          dangerous cargoes   covered by column 4.                                  the cargoes      
                                                        liquid cargo in                              when required by                                                          listed in Table  
                                                        bulk.                                        49 CFR parts 171-                                                         151.05 of this   
                                                                                                     179.                                                                      chapter.\1\\11\  
                                                                                                                                                                                                
Vessels 100 gross tons or over..  All vessels          All vessels          All seagoing barges     All barges          All seagoing barges            Do ..................                    
                                   carrying             carrying             except those covered    carrying            engaged in oceanographic                                               
                                   combustible or       passengers for       by columns 3 and 4;     passengers except   research.                                                              
                                   flammable liquid     hire.                and those inland        those covered by                                                                           
                                   cargo in bulk.                            barges carrying         columns 4 and 7.                                                                           
                                                                             dangerous cargoes                                                                                                  
                                                                             when required by 49                                                                                                
                                                                             CFR parts 171-179.                                                                                                 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Where length is used in this table it means the length measured from end to end over the deck, excluding sheer. This expression 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.                                                                                     
\2\Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), and N (Dangerous Cargoes) of this chapter may also be applicable under certain conditions. The provisions of 
  49 CFR parts 171-179 apply whenever hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.                                                
\3\Public nautical schoolships, other than vessels of the Navy and Coast Guard, shall meet the requirements of part 167 of subchapter R (Nautical Schools) of this chapter, Civilian nautical   
  schoolships, as defined by 46 U.S.C. 1331, shall meet the requirements of subchapter H (Passenger Vessels) and part 168 of subchapter R (Nautical Schools) of this chapter.                   
\4\Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this chapter covers only those vessels of    
  less than 100 gross tons.                                                                                                                                                                     
\5\Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of the vessel is not for the carriage of      
  liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in bulk. The portion of the vessel used for the carriage of the flammable or         
  combustible liquid cargo shall meet the requirements of subchapter D (Tank Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels)
  of this chapter.                                                                                                                                                                              
\6\Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974.                                                        
\7\The meaning of the term passenger is as defined in the Act of May 10, 1956 (Sec. 1, 70 Stat. 151; 46 U.S.C. 390). On oceanographic vessels scientific personnel on board shall not be deemed 
  to be passengers nor seamen, but for calculations of lifesaving equipment, etc., shall be counted as persons.                                                                                 
\8\Boilers and machinery are subject to examination on vessels over 40 feet in length.                                                                                                          
\9\Under 46 U.S.C. 441 an oceanographic research vessel is a vessel ``* * * being employed exclusively in instruction in oceanography or linmology, or both, or exclusively in oceanographic    
  research, * * *.'' Under 46 U.S.C. 443, ``an oceanographic research vessel shall not be deemed to be engaged in trade or commerce.'' If or when an oceanographic vessel engages in trade or   
  commerce, such vessel cannot operate under its certificate of inspection as an oceanographic vessel, but shall be inspected and certificated for the service in which engaged, and the        
  scientific personnel aboard then become persons employed in the business of the vessel.                                                                                                       
\10\Bulk dangerous cargoes are cargoes specified in table 151.01-10(b), in table I of part 153, and in table 4 of part 154 of this chapter.                                                     
\11\For manned tank barges see Sec.  151.01-10(e) of this chapter.                                                                                                                              


[[Page 20]]

    (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 and Miscellaneous Vessels) of this chapter.
    (3) For tank vessels see part 30 of subchapter D (Tank Vessels) of 
this chapter.
    (4) For small passenger vessels see 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.

[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGFR 67-83, 33 FR 
1102, Jan. 27, 1968; CGFR 70-10, 35 FR 3706, Feb. 25, 1970; CGD 73-96, 
42 FR 49022, Sept. 26, 1977; CGD 86-033, 53 FR 36023, Sept. 16, 1988; 53 
FR 46871, Nov. 21, 1988; CGD 90-008, 55 FR 30659, July 26, 1990]



Sec. 2.01-8  Application of regulations to vessels or tankships on an international voyage.

    (a) Where, in various places or portions in this chapter, 
requirements are stipulated specifically for vessels on an international 
voyage or tankships on an international voyage, it is intended that 
these requirements apply only to vessels or tankships, as applicable, 
which are subject to the International Convention for Safety of Life at 
Sea, 1974.
    (b) For details regarding application of Convention requirements to 
tankships, see Sec. 30.01-6 of this chapter; to passenger vessels, see 
Sec. 70.05-10 of this chapter; to cargo ships other than tankships, see 
Sec. 90.05-10 of this chapter; and to small passenger vessels, see 
Sec. 176.35-1 of this chapter. (E.O. 11239, 30 FR 9671, 3 CFR, 1965 
Supp.).

[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 90-008, 55 FR 
30659, July 26, 1990]



Sec. 2.01-10   Inspection requirements--domestic vessels.

    (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 title 52 of the Revised 
Statutes (R.S. 4399-4500; 46 U.S.C. 170, 214-240, 361-498), and acts 
amendatory thereof or supplemental thereto. 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.



Sec. 2.01-13   Inspection requirements--foreign vessels.

    (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

[[Page 21]]

conditions specified in applicable inspection laws be subject to 
inspection and certification as specified in regulations governing 
specific categories of vessels.
    (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), Sec. 146.02-2 (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.

[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 73-96, 42 FR 
49022, Sept. 26, 1977]



Sec. 2.01-15   Vessel repairs.

    (a) No repairs or alterations affecting the safety of a vessel or 
her 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 
Secs. 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 
Sec. 176.20-1 of subchapter T (Small Passenger Vessels) of this chapter.
    (3) For cargo and miscellaneous vessels, see Secs. 91.45-1 and 
91.50-1 of subchapter I (Cargo and Miscellaneous Vessels) of this 
chapter.
    (4) For tank vessels, see Secs. 31.10-25 and 35.01-1 of subchapter D 
(Tank Vessels) of this chapter.
    (5) For public nautical schoolships, see Secs. 167.30-1 and 167.30-
10 of subchapter R (Nautical Schools) of this chapter.
    (6) For oceanographic vessels, see Secs. 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 
Sec. 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 
Secs. 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 Sec. 151.50 30(c) of this chapter.
    (11) For repairs to a vessel that affects its subdivision or 
stability, see Sec. 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 
Sec. 176.01-27 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 Sec. 31.10-35 of subchapter D (Tank 
Vessels) of this chapter.
    (5) For public nautical schoolships, see Sec. 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.

[CGFR 68-126, 34 FR 9010, June 5, 1969, as amended by CGD 73-96, 42 FR 
49023, Sept. 26, 1977; CGD 79-023, 48 FR 51006, Nov. 4, 1983]

[[Page 22]]



Sec. 2.01-20   Revocation of certificates of inspection.

    (a) Under the authority of 46 U.S.C. 391, 391a, or 435 the 
certificates of inspection referred to in Sec. 2.01-5 may be revoked if 
the vessel is found at a reinspection not to comply with the terms of 
the vessel's certificate of inspection.
    (b) Under the authority of 46 U.S.C. 390c(c) the certificates of 
inspection referred to in Sec. 2.01-5 for a small passenger vessel may 
be revoked or suspended if such a vessel is found not to comply with the 
terms of the vessel's certificate of inspection when carrying more than 
6 passengers.



Sec. 2.01-25  International Convention for Safety of Life at Sea, 1974.

    (a) Certificates required. (1) The International Convention for 
Safety of Life at Sea, 1974, requires one or more of the following 
certificates to be carried on board certain passenger, cargo or 
tankships engaged in international voyages:
    (i) Passenger Ship Safety Certificate.
    (ii) Cargo Ship Safety Construction Certificate.
    (iii) Cargo Ship Safety Equipment Certificate.
    (iv) Cargo Ship Safety Radiotelephony Certificate.
    (v) Cargo Ship Radiotelegraphy Certificate.
    (vi) Exemption Certificate.
    (vii) Nuclear Passenger Ship Safety Certificate.
    (viii) Nuclear Cargo Ship Safety Certificate.
    (2) The U.S. Coast Guard will issue through the Officer in Charge, 
Marine Inspection, the following certificates after performing an 
inspection of the vessel and determining the vessel meets applicable 
requirements:
    (i) Passenger Ship Safety Certificate.
    (ii) Cargo Ship Safety Construction Certificate except when issued 
to cargo ships by American Bureau of Shipping at the option of the owner 
or agent.
    (iii) Cargo Ship Safety Equipment Certificate.
    (iv) Exemption Certificate.
    (v) Nuclear Passenger Ship Safety Certificate.
    (vi) Nuclear Cargo Ship Safety Certificate.
    (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 Radiotelephony Certificate.
    (ii) Cargo Ship Radiotelegraphy Certificate.
    (iii) Exemption Certificate.
    (b) Applications. (1) The application for inspection and issuance of 
a certificate or certificates is made on the appropriate form listed in 
Sec. 2.01-1, or by letter, to the Officer in Charge, Marine Inspection, 
in or nearest the port at which the inspection is to be made and shall 
be signed by the master or agent of the vessel. The certificates 
previously issued are surrendered at the time the inspection is 
performed. Further details are set forth in subchapter D (Tank Vessels), 
subchapter H (Passenger Vessels), subchapter I (Cargo and Miscellaneous 
Vessels), subchapter O (Certain Bulk Dangerous Cargoes), and subchapter 
T (Small Passenger Vessels), of this chapter.
    (2) The application for the inspection of a vessel other than a 
passenger vessel concerning the issuance of a Cargo Ship Safety 
Radiotelephony Certificate or a Cargo Ship Safety Radiotelegraphy 
Certificate is made by formal application on FCC Form 801 to the local 
office of the Federal Communications Commission.
    (c) Certificates issued. (1) If a vessel meets the applicable 
requirements of the Convention, it shall be issued appropriate 
certificates listed in paragraph (a) of this section. These certificates 
describe the vessel and state the vessel is in compliance with the 
applicable requirements of the Convention.
    (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 Sec. 2.01-70 for appeal procedures.)
    (d) CG-969--Notice of Receipt of Application for Passenger Ship 
Safety Certificate. (1) The Passenger Ship Safety Certificate is issued 
by the Commandant

[[Page 23]]

after determining all applicable requirements of the Convention have 
been met. In the event the completion of the certification of any 
passenger vessel cannot be effected prior to the sailing of the 
passenger ship on a foreign voyage, or in any case where the Passenger 
Ship Safety Certificate is not received from the Commandant before the 
ship sails on a foreign voyage, the Officer in Charge, Marine 
Inspection, will issue a completed Form CG-969, describing the passenger 
ship and certifying that an application for a Passenger Ship Safety 
Certificate is being processed, and that in his opinion the vessel meets 
applicable requirements of the Convention administered by the Coast 
Guard.
    (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) Exempted vessel. (1) A vessel 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. In such case the exemptions 
are stated in the Exemption Certificate, which is issued by the 
Commandant through the appropriate Officer in Charge, Marine Inspection.
    (2) The Exemption Certificate which modifies the Cargo Ship Safety 
Radiotelephony Certificate or the Cargo Ship Safety Radiotelegraphy 
Certificate is issued by the Federal Communications Commission.
    (f) Posting certificates. The Convention certificates issued to a 
vessel shall be posted in a prominent and accessible place on the vessel 
in a manner similar to that for certificates of inspection.
    (g) Foreign flag vessels. At the request of the government of a 
country in which is registered a vessel engaged in an international 
voyage, such a vessel may be issued the applicable certificate or 
certificates listed in paragraph (a) of this section. The certificate 
will be issued only after inspection has been made by the issuing 
agency, providing the vessel is found to comply with the requirements of 
the Convention.

[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 73-96, 42 FR 
49023, Sept. 16, 1977; CGD 90-008, 55 FR 30659, July 26, 1990]



Sec. 2.01-40  Passengers or persons in addition to crew on cargo or tank vessels.

    (a) Under authority of 46 U.S.C. 882 a cargo vessel or a tank vessel 
documented under the laws of the United States and subject to inspection 
under applicable regulations in subchapter D (Tank Vessels) or 
subchapter I (Cargo and Miscellaneous Vessels) of this chapter may be 
allowed by its certificate of inspection to carry not to exceed 16 
persons in addition to the crew: Provided, That such vessel subject to 
the applicable provisions of the effective International Convention for 
Safety of Life at Sea may carry not to exceed 12 persons in addition to 
the crew.
    (b) The application for permission to carry persons in addition to 
the crew may be included in the application described in Sec. 2.01-1. If 
granted it is endorsed on the certificate of inspection.



Sec. 2.01-45   Excursion permit.

    (a) Under authority of 46 U.S.C. 453 a passenger vessel may be 
permitted to engage in excursions and carry additional numbers of 
passengers. For details see part 71 of subchapter H (Passenger Vessels) 
of this chapter.
    (b) 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.



Sec. 2.01-50   Persons other than crew on towing, oyster, or fishing steam vessels.

    (a) Under authority of 46 U.S.C. 458 a steam vessel engaged in 
towing, oyster dredging and planting, and fishing may

[[Page 24]]

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 Sec. 2.01-1. If granted it is 
endorsed on the certificate of inspection.



Sec. 2.01-60   Overtime compensation.

    (a) General. Extra compensations for overtime services performed by 
inspectors of vessels and their assistants, shipping commissioners and 
their deputies and assistants who may be required to remain on duty 
between the hours of 5:00 p.m. and 8:00 a.m. or on Sundays or holidays 
to perform services in connection with the inspection of vessels or 
their equipment, supplying or signing on or discharging crews of vessels 
is authorized by 46 U.S.C. 382b and regulations in part 143 of this 
chapter, together with the method of computing such extra compensation.
    (b) Application and certification of time. Application for the 
performance of such overtime services and certification of services 
performed is made by the master, owner, or agent of a vessel to the 
Officer in Charge, Marine Inspection, on Form CG-830, Application for 
and Certificate of Overtime Service.
    (c) Collection. The bill for the collection of the overtime 
compensation is submitted by the Officer in Charge, Marine Inspection to 
the master, owner, or agent on whose vessel overtime services are 
performed on Form CG-832, Bill for Collection Overtime Services. Payment 
is made to the Collector of Customs of the port designated.



Sec. 2.01-70  Right of appeal.

    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.

[CGD 88-033, 54 FR 50379, Dec. 6, 1989]



Sec. 2.01-80  Vessel inspections in Alaska.

    (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.



                           Subpart 2.10--Fees

    Source: At 60 FR 13563, Mar. 13, 1995, unless otherwise noted.



Sec. 2.10-1  Applicability.

    (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 of Compliance 
or a Tank Vessel Examination 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; and
    (4) Public vessels of the United States, except for Maritime 
Administration vessels.



Sec. 2.10-5  Exemptions.

    (a) Vessels owned or operated by an organization which is charitable 
in nature, not for profit, and youth-oriented may be exempted from the 
fees required by this subpart provided that the vessels are used 
exclusively for training youths in boating, seamanship, and navigation 
skills.
    (b) Vessel owners or operators must 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 paragraph (a) of this section.



Sec. 2.10-10  Waivers.

    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

[[Page 25]]

provide Commandant (G-MRP) with a list of the names and vessel 
identification numbers of vessels for which a fee waiver is requested.

[CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 95-072, 60 FR 
50459, Sept. 29, 1995; CGD 96-041, 61 FR 50725, Sept. 27, 1996]



Sec. 2.10-20  General requirements.

    (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.

[CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 95-072, 60 FR 
50459, Sept. 29, 1995; CGD 96-041, 61 FR 50725, Sept. 27, 1996]



Sec. 2.10-25  Definitions.

    The following definitions apply to this subpart:
    Drill ship MODU means a mobile offshore drilling unit with a ship 
shape displacement hull intended for operation in the floating 
condition.
    Freight barge means a non-self-propelled vessel carrying freight for 
hire.
    Freight ship means a self-propelled freight vessel.
    Freight vessel means a motor vessel of more than 15 gross tons that 
carries freight for hire, except an oceanographic research vessel or an 
offshore supply vessel.
    Industrial vessel means a vessel which, by reason of its special 
outfit, purpose, design, or function engages in certain industrial 
ventures. For the purposes of this subpart, this classification includes 
such vessels as dredges, cable layers, derrick barges, and construction 
and wrecking barges, but does not include vessels which carry passengers 
or freight for hire, OSVs, oceanographic research vessels, or vessels 
engaged in the fisheries.
    Liquefied gas tankship means a self-propelled vessel equipped with 
cargo tanks primarily designed to carry liquefied or compressed gases in 
bulk.
    Mobile offshore drilling unit (MODU) means a vessel capable of 
engaging in drilling operations for the exploration or exploitation of 
subsea resources that is: seagoing and 300 or more gross tons and self-
propelled by machinery; Seagoing and 100 or more gross tons and non-
self-propelled; or more than 65 feet in length and propelled by steam.
    Nautical school vessel means a vessel operated by or in connection 
with a nautical school or an educational institution under section 13 of 
the Coast Guard Authorization Act of 1986, Public Law 99-640.
    Oceanographic research vessel means a vessel that is being employed 
only in instruction in oceanography or limnology, or both, or only in 
oceanographic or limnological research, including those studies about 
the sea such as seismic, gravity meter, and magnetic exploration and 
other marine geophysical or geological surveys, atmospheric research, 
and biological research.
    Offshore supply vessel means a motor vessel that is of at least 15 
gross tons and less than 500 gross tons, and that regularly carries 
goods, supplies, individuals in addition to the crew, and equipment in 
support of exploration, exploitation, or production of offshore mineral 
or energy resources.
    Passenger barge means a non-self-propelled passenger vessel, 
including a prison barge or a barge which carries occupied recreational 
vehicles.
    Passenger ship means a self-propelled passenger vessel.
    Passenger vessel means a vessel of at least 100 gross tons:
    (1) Carrying more than 12 passengers, including at least one 
passenger for hire;
    (2) That is chartered and carrying more than 12 passengers; or

[[Page 26]]

    (3) That is a submersible vessel carrying at least one passenger for 
hire.
    Sailing school vessel means a vessel of less than 500 gross tons, 
carrying more than 6 individuals who are sailing school instructors or 
sailing school students, principally equipped for propulsion by sail 
even if the vessel has an auxiliary means of propulsion, and owned or 
demise chartered and operated by a qualified organization during such 
times as the vessel is operated exclusively for the purposes of sailing 
instruction.
    Sea-going towing vessel means a sea-going commercial vessel engaged 
in or intending to engage in the service of pulling, pushing or hauling 
alongside, or any combination of pulling, pushing or hauling alongside.
    Self-elevating MODU means a mobile offshore drilling unit with 
movable legs capable of raising its hull above the surface of the sea.
    Semi-submersible MODU means a mobile offshore drilling unit with the 
main deck connected to an underwater hull by columns or caissons, that 
is intended for drilling operations in the floating condition.
    Small passenger vessel means a vessel of less than 100 gross tons:
    (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.
    Submersible MODU means a mobile offshore drilling unit intended for 
drilling operations in the bottom-bearing condition, having the main 
deck connected to an underwater hull or pontoons by way of columns or 
caissons.
    Submersible vessel means a vessel that is capable of operating below 
the surface of the water.
    Tank barge means any tank vessel not equipped with means of 
propulsion.
    Tank vessel means a vessel that is constructed or adapted to carry, 
or that carries, oil or hazardous material in bulk as cargo or cargo 
residue.
    Tankship means any tank vessel propelled by power or sail, including 
an integrated tug and barge designed to operate together only in the 
pushing mode.
    User fee anniversary date means the date on which a vessel's annual 
inspection fee is due each year. Once established by the Coast Guard, a 
vessel's user fee anniversary date remains fixed for as long as the 
vessel remains in service.
    Vessel identification number (VIN) means a U.S. official number, a 
number assigned by a State, a number assigned by the Coast Guard, or a 
Lloyd's Register of Shipping identification number issued to a U.S. or 
foreign commercial vessel for purposes of vessel identification. For 
U.S. vessels, VIN means the number listed on the Certificate of 
Inspection. For foreign vessels, VIN means either the Lloyd's Register 
of Shipping identification number or the number assigned by the Coast 
Guard.



Sec. 2.10-101  Annual vessel inspection fee.

    (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 Sec. 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,

[[Page 27]]

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.

[[Page 28]]



   Table 2.10-101.--Annual Vessel Inspection Fees for U.S. and Foreign  
              Vessels Requiring a Certificate of Inspection             
                                                                        
                                                                        
Any inspected vessel not listed in this table..............       $1,030
Freight Barges:                                                         
    Length not greater than 150 feet.......................          495
    More than 150 feet but not more than 300 feet..........          610
    More than 300 feet.....................................          955
Freight Ships:                                                          
    Length not greater than 100 feet.......................        1,425
    More than 100 feet but no more than 300 feet...........        1,870
    More than 300 feet.....................................        5,410
Industrial Vessels:                                                     
    Length not greater than 200 feet.......................        1,435
    More than 200 feet.....................................        2,550
Mobile Offshore Drilling Units (MODUs):                                 
    Drill ship MODUs.......................................        6,710
    Submersible MODUs......................................        4,695
    Self-elevating MODUs...................................        4,695
    Semi-submersible MODUs.................................        8,050
Nautical School Vessels:                                                
    Length not greater than 100 feet.......................          835
    More than 100 feet but not more than 200 feet..........        1,450
    More than 200 feet.....................................        7,205
Oceanographic Research Vessels:                                         
    Length not greater than 170 feet.......................          840
    More than 170 feet but not more than 240 feet..........        1,980
    More than 240 feet.....................................        3,610
Offshore Supply Vessels:                                                
    Length not greater than 140 feet.......................        1,135
    More than 140 feet.....................................        1,470
Offshore Supply Vessels: Alternate Reinspection Program *:              
    Length not greater than 140 feet.......................          940
    More than 140 feet.....................................        1,260
Passenger Barges:                                                       
    Less than 100 gross tons and:                                       
        Certified for fewer than 150 passengers............          825
        Certified for 150 or more passengers...............        1,110
    100 gross tons or more and:                                         
        Certified for fewer than 150 passengers............        2,215
        Certified for 150 or more passengers...............        2,525
Passenger Ships:                                                        
    Length not greater than 250 feet:                                   
        Certified for fewer than 150 passengers............        3,600
        Certified for 150 or more passengers...............        4,050
    More than 250 feet but not more than 350 feet..........        5,330
    More than 350 feet but not more than 450 feet..........        6,835
    More than 450 feet.....................................       14,650
Sailing School Vessels:                                                 
    Length not greater than 30 feet........................          530
    More than 30 feet but not more than 65 feet............          560
    More than 65 feet......................................          980
Sea-going Towing Vessels...................................        2,915
Small Passenger Vessels:                                                
    DUKW vessels...........................................          450
    Hydrojet boats.........................................          470
    All other small passenger vessels:                                  
        Length not greater than 30 feet....................          545
        More than 30 feet but not more than 54 feet........          670

[[Page 29]]

                                                                        
        More than 54 feet but not more than 65 feet........          750
        More than 65 feet but not more than 130 feet.......          975
        More than 130 feet but not more than 160 feet:.....             
            Certified for fewer than 150 passengers........        1,215
            Certified for 150 or more passengers...........        2,585
        More than 160 feet.................................        2,585
Tank Barges................................................          500
Tankships:                                                              
    Length not greater than 100 feet.......................        1,295
    More than 100 feet but not more than 300 feet..........        2,310
    More than 300 feet.....................................        5,805
Liquefied Gas Tankships....................................      12,120 
------------------------------------------------------------------------
* Note: Eligibility for the reduced annual vessel inspection fee for    
  Offshore Supply Vessels is contingent upon the vessel's continued     
  acceptance in the alternative reinspection program by the cognizant   
  Officer in Charge, Marine Inspection.                                 



Sec. 2.10-105  Prepayment of annual vessel inspection fees.

    (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:
[GRAPHIC] [TIFF OMITTED] TR13MR95.000

Where:

PV is the Present Value of the series of annual user fees to be prepaid 
(the net amount to be prepaid)
RO is the published user fee of the vessel
i is the interest rate for 10-year Treasury notes at the time of 
prepayment calculation
is the rate of inflation (based on projected military personnel costs at 
the time of prepayment calculation)
n is the total number of years to be prepaid
t is the number of years after prepayment of the fee, for each annual 
increment (t=0, 1, 2, 3 ... n)

    (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.

[CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 95-072, 60 FR 
50459, Sept. 29, 1995; CGD 96-041, 61 FR 50725, Sept. 27, 1996]



Sec. 2.10-115  Changes in vessel service.

    (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.

[[Page 30]]

    (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.

[CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 95-072, 60 FR 
50459, Sept. 29, 1995; CGD 96-041, 61 FR 50725, Sept. 27, 1996]



Sec. 2.10-120  Overseas inspection and examination fees.

    (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.



Sec. 2.10-125  Fees for examination of foreign tankships.

    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 
Sec. 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 Sec. 2.01-6(a)(3) of this part, a fee of $1,100.



Sec. 2.10-130  Fees for examination of foreign mobile offshore drilling units.

    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.



Sec. 2.10-135  Penalties.

    (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 of not more than $5,000 for each violation.
    (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.



                     Subpart 2.20--Reports and Forms



Sec. 2.20-1   Forms.

    (a) Posting. Statutes and regulations require that certain forms be 
posted on vessels referred to in the statutes and regulations. The 
titles of the forms indicate the contents of the forms. They may be 
obtained from any Officer in Charge, Marine Inspection. The Coast Guard 
forms and the statutes or regulations which require that they be posted 
are listed in this section.
    (b) CG-809. This form Station Bills, Drills, and Reports of Masters 
is required by Secs. 35.10-5, 78.17-50(f), and 97.15-35(d) of this 
chapter.
    (c) CG-811. This placard Lifesaving Signals and Breeches Buoy 
Instructions is required by Secs. 35.12-5, 78.53-5, 97.43-5, and 167.65-
50 of this chapter.

[[Page 31]]

    (d) CG-3256. This form Atomic Attack Instructions for Merchant 
Vessels in Port is required by 33 CFR 122.10.

[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGFR 66-33, 31 FR 
15266, Dec. 6, 1966]



Sec. 2.20-40   Chief engineer's reports.

    (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 Secs. 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 made by 
Secs. 35.25-5, 78.33-5, and 97.30-5 of this chapter.
    (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.

[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGFR 68-82, 33 FR 
18804, Dec. 18, 1968]



Sec. 2.20-50   Repairs or alterations in lifesaving or fire prevention equipment.

    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 
Secs. 33.01-20, 34.01-5, 78.33-10, and 97.30-10 of this chapter.



     Subpart 2.45--Waivers of Navigation and Vessel Inspection Laws



Sec. 2.45-1   Authority for and limitations on issuance.

    Compliance with certain of the navigation and vessel inspection laws 
may be waived by the Commandant under authority of the act of December 
27, 1950 (Pub. L. 50-891, secs. 1, 2, 64 Stat. 1120; 46 U.S.C., note 
preceding section 1), and the delegation of waiver authority contained 
in Department of the Treasury Order CGFR 51-1, dated January 23, 1951 
(16 FR 731), in any case where such waiver is deemed necessary in the 
interest of national defense.



Sec. 2.45-5   Policy.

    (a) It is the policy of the Coast Guard, in the current 
administration of the laws and regulations relating to navigation and 
vessel inspection, to further the interests of national defense by 
simplifying the procedure involved therein, eliminating all causes of 
delay in the sailing of vessels, and by bringing about a proper balance 
between the factors of safety at sea and the national defense. While it 
is not the policy of the Coast Guard to countenance willful violations 
of the laws and regulations or negligence in meeting the requirements 
thereof, neither is it contemplated that masters who exercise all 
reasonable efforts to comply with the requirements in effect be cited 
for violations on technical grounds.



Sec. 2.45-10   Waivers issued.

    (a) The waivers having general applicability are published in part 
154 of this chapter, as well as in 33 CFR part 19.



Sec. 2.45-15   Specific individual waivers.

    (a) Applications for waivers affecting only one vessel in any one 
order under the provisions of Sec. 154.01 of this chapter are made on 
Form CG-2633, Application for Waiver Order. The application shall state 
the name of the vessel, her employment, the requirements of law or

[[Page 32]]

regulations, waiver of which is requested, the reasons why waiver is 
necessary, and shall be signed by the master, owner, or agent of the 
vessel, or by the representative of any interested Government agency. 
The application shall be made to the Coast Guard District Commander or 
to his designated representative at the port or place where the vessel 
is located. 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.
    (b) If the request is granted, the waiver order will describe the 
vessel, the requirements of law or regulations waived, the conditions to 
which the waiver is subject, and the period of time for which the waiver 
is effective.



Sec. 2.45-20   General waivers.

    (a) Applications for waivers having general applicability should be 
addressed to the Commandant (G-MOC), U.S. Coast Guard, Washington, DC 
20593-0001.
    (b) Only the Commandant is authorized to issue general waivers which 
affect more than one vessel in one order.

[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 88-070, 53 FR 
34533, Sept. 7, 1988; CGD 95-072, 60 FR 50459, Sept. 29, 1995; CGD 96-
041, 61 FR 50725, Sept. 27, 1996]



 Subpart 2.50--Assessment, Mitigation or Remission of Penalties [Note]--
                               [Reserved]

    Note: Enforcement: Civil, and criminal penalty procedures appear in 
33 CFR part 1.

[CGD 74-68, 39 FR 19481, June 3, 1974]



       Subpart 2.75--Approvals of Safety Equipment, Materials and 
      Installations, and Qualifications for Construction Personnel



Sec. 2.75-1   Approvals.

    (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 Sec. 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 Sec. 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 Federal Register, or by letters, 
or by appropriate markings on drawings, plans, etc. Under the direction 
of the Commandant, the Chief, Marine Safety and Environmental Protection 
is delegated the authority to exercise the necessary actions relating to 
the granting, suspension, cancellation or revocation of approvals for 
special items of safety equipment, materials or installations required 
by law in regulation in this chapter or in 33 CFR chapter I to have the 
Commandant's approval. The authority delegated to the Chief, Office of

[[Page 33]]

Marine Safety, Security and Environmental Protection, may be further 
delegated by him.
    (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.

[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 82-063b, 48 
FR 4781, Feb. 3, 1983; CGD 88-070, 53 FR 34533, Sept. 7, 1988; CGD 95-
072, 60 FR 50459, Sept. 29, 1995; CGD 93-055, 61 FR 13927, March 28, 
1996; CGD 96-041, 61 FR 50725, Sept. 27, 1996]



Sec. 2.75-5   Certificates of approval.

    (a) The Chief, 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.

[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 82-063b, 48 
FR 4781, Feb. 3, 1983; CGD 88-070, 53 FR 34533, Sept. 7, 1988; CGD 96-
041, 61 FR 50725, Sept. 27, 1996]



Sec. 2.75-10   Procedures for obtaining approvals.

    (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.

[CGD 76-048, 44 FR 73043, Dec. 17, 1979, as amended by CGD 82-063b, 48 
FR 4781, Feb. 3, 1983; CGD 88-070, 53 FR 34533, Sept. 7, 1988; CGD 95-
072, 60 FR 50459, Sept. 29, 1995; CGD 96-041, 61 FR 50725, Sept. 27, 
1996]



Sec. 2.75-15   Requirements and tests.

    (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

[[Page 34]]

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.

[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 82-063b, 48 
FR 4781, Feb. 3, 1983; CGD 88-070, 53 FR 34533, Sept. 7, 1988; CGD 95-
072, 60 FR 50459, Sept. 29, 1995; CGD 96-041, 61 FR 50725, Sept. 27, 
1996]



Sec. 2.75-25   Portable fire extinguishers.

    (a) The portable fire extinguishers listed and labeled as marine 
type by a recognized laboratory, as provided in subpart 162.028 of part 
162 of subchapter Q (Specifications) of this chapter, will be accepted 
as approved for use on merchant vessels, motorboats, etc., whenever 
required by the regulations in this chapter, and for use on artificial 
islands and fixed structures on the Outer Continental Shelf whenever 
required by the regulations in 33 CFR parts 140 to 146, inclusive.
    (b) The procedures for manufacturers to follow and the requirements 
governing portable fire extinguishers to qualify being listed and 
labeled as marine type by a recognized laboratory are set forth in 
subpart 162.028 of part 162 of subchapter Q (Specifications) of this 
chapter.
    (c) The procedures for a laboratory to qualify as a recognized 
laboratory and to be listed in Sec. 162.028-5 of subchapter Q 
(Specifications) of this chapter are as follows:
    (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 marine type, as contemplated by the 
specification in subpart 162.028 of part 162 of subchapter Q 
(Specifications) of this chapter.
    (3) If the Commandant finds that a laboratory qualifies as a 
recognized laboratory, and it is subject to Coast Guard jurisdiction, 
the approval and listing will be published in the Federal Register and 
will be in effect until suspended, canceled or terminated by proper 
authority. The failure of a recognized laboratory to maintain its 
established factory inspection, listing and labeling program as approved 
by the Commandant shall be cause for terminating a listing as a 
recognized laboratory.

[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 82-063b, 48 
FR 4781, Feb. 3, 1983]



Sec. 2.75-40   Suspension of approval.

    (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 officer is authorized 
and may immediately suspend the approval, may require the holder to 
surrender the certificate of approval (if any), and may direct the 
holder to cease claiming the defective items are Coast Guard approved, 
pending a final decision from the Commandant in the matter.

[[Page 35]]

    (b) The procedures for appealing the temporary suspension shall be 
those described in Sec. 2.01-70.



Sec. 2.75-50  Withdrawals or terminations of approvals and appeals.

    (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 Chief, Marine Safety 
and Environmental Protection (Commandant (G-M)) as provided in 
Sec. 1.03-15 of this chapter.

[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 93-055, 61 FR 
13927, Mar. 28, 1996; CGD 96-041, 61 FR 50725, Sept. 27, 1996]



Sec. 2.75-60  Hazardous ships' stores.

    Hazardous ships' stores, as defined in Sec. 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.

[CGD 84-044, 53 FR 7748, Mar. 10, 1988]



Sec. 2.75-70   Welding procedure and performance qualifications.

    (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 Secs. 32.60-1(a) 
of subchapter D (Tank Vessels), Sec. 72.01-15 of subchapter H (Passenger 
Vessels), Sec. 92.01-10 of subchapter I (Cargo and Miscellaneous 
Vessels), or Sec. 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 Sec. 38.05-4 of subchapter D (Tank Vessels) of 
this chapter.

[CGFR 68-82, 33 FR 18804, Dec. 18, 1968]



                        Subpart 2.85--Load Lines



Sec. 2.85-1  Assignment of load lines.

    (a) The load line 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.
    (b) Merchant vessels of 150 gross tons or over and engaged in 
international, coastwise, or Great Lakes voyages are required to have 
load line marks by section 86, 88, or 88a of title 46, United States 
Code. The International Convention on Load Lines, 1966, applies to ships 
engaged in international voyages which are ships registered in countries 
the Governments of which are Contracting Governments; ships registered 
in territories to which the 1966 Convention is made applicable; and 
unregistered ships flying the flag of a State, the Government of which 
is a Contracting Government. The exceptions are (1) ships of war; (2) 
new ships of less than 79 feet in length; (3) existing ships of less 
than 150 gross tons; (4) pleasure yachts not engaged in trade; and (5) 
fishing vessels.
    (c) The procedures for obtaining the assignment of load line marks, 
the issuance of load line certificates, the surveys required, the causes 
for cancellation of certificates, the enforcement and control exercised 
in administration, including the rights of appeal, and the model forms 
of load line certificates are set forth in parts 42 to 46, inclusive, in 
subchapter E (Load Lines) of this chapter.

[CGFR 68-60, 33 FR 10047, July 12, 1968, as amended by CGFR 68-126, 34 
FR 9010, June 5, 1969; CGD 80-120, 47 FR 5723, Feb. 8, 1982]



               Subpart 2.90--Plans, Drawings or Blueprints



Sec. 2.90-1  General requirements.

    (a) Drawings, blueprints or plans showing the details of 
construction of

[[Page 36]]

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.

[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 73-96, 42 FR 
49203, Sept. 26, 1977; CGD 79-023, 48 FR 51006, Nov. 4, 1983]



            Subpart 2.95--Retention of Records by the Public



Sec. 2.95-1  Certificates or documents issued by Coast Guard.

    (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.



Sec. 2.95-5   Certificates or documents issued by others.

    (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.



Sec. 2.95-10  Equipment or material required to be approved.

    (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.

[[Page 37]]



PART 3--DESIGNATION OF OCEANOGRAPHIC RESEARCH VESSELS--Table of Contents




                   Subpart 3.01--Authority and Purpose

Sec.
3.01-1  Purpose of regulations.
3.01-3  Authority for regulations.

                        Subpart 3.03--Application

3.03-1  Vessels subject to the requirements of this part.

           Subpart 3.05--Definition of Terms Used in This Part

3.05-1  Letter of designation.
3.05-3  Oceanographic research vessel.

                        Subpart 3.10--Designation

3.10-1  Procedures for designating oceanographic research vessels.
3.10-5  Renewal of letter of designation.
3.10-10  Right of appeal.

    Authority: 46 U.S.C. 2113, 3306; 49 CFR 1.46.

    Source: CGD 77-081, 46 FR 56202, Nov. 16, 1981, unless otherwise 
noted.



                   Subpart 3.01--Authority and Purpose



Sec. 3.01-1  Purpose of regulations.

    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. 441.



Sec. 3.01-3  Authority for regulations.

    The regulations regarding the designation of oceanographic research 
vessels interpret or apply title 46, United States Code, sections 441 
through 445.



                        Subpart 3.03--Application



Sec. 3.03-1  Vessels subject to the requirements of this part.

    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. 441.



           Subpart 3.05--Definition of Terms Used in This Part



Sec. 3.05-1  Letter of designation.

    A letter issued by an Officer in Charge, Marine Inspection, 
designating an uninspected vessel as an oceanographic research vessel.



Sec. 3.05-3  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.''



                        Subpart 3.10--Designation



Sec. 3.10-1  Procedures for designating oceanographic research vessels.

    (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 under the 
provisions of 46 U.S.C. 441.
    (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.

[[Page 38]]

    (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.



Sec. 3.10-5  Renewal of letter of designation.

    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 remain unchanged, the information required by Sec. 3.10-1(b) 
need not be resubmitted with the request.



Sec. 3.10-10  Right of appeal.

    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.

[CGD 88-033, 54 FR 50379, Dec. 6, 1989]



PART 4--MARINE CASUALTIES AND INVESTIGATIONS--Table of Contents




            Subpart 4.01--Authority and Scope of Regulations

Sec.
4.01-1  Scope of regulation.
4.01-3  Reporting exclusion.

                        Subpart 4.03--Definitions

4.03-1  Marine casualty or accident.
4.03-2  Serious marine incident.
4.03-4  Individual directly involved in a serious marine incident.
4.03-5  Medical facility.
4.03-6  Qualified medical personnel.
4.03-7  Chemical test.
4.03-10  Party in interest.
4.03-15  Commandant.
4.03-20  Coast Guard district.
4.03-25  District Commander.
4.03-30  Investigating officer.
4.03-35  Nuclear vessel.
4.03-40  Public vessels.
4.03-45  Marine employer.
4.03-50  Recreational vessel.
4.03-55  Law enforcement officer.

            Subpart 4.04--Notice of Potential Vessel Casualty

4.04-1  Reports of potential vessel casualty.
4.04-3  Reports of lack of vessel communication.
4.04-5  Substance of reports.

       Subpart 4.05--Notice of Marine Casualty and Voyage Records

4.05-1  Notice of marine casualty.
4.05-5  Substance of marine casualty notice.
4.05-10  Written report of marine casualty.
4.05-12  Alcohol or drug use by individuals directly involved in 
          casualties.
4.05-15  Voyage records, retention of.
4.05-20  Report of accident to aid to navigation.
4.05-25  Reports when state of war exists.
4.05-30  Incidents involving hazardous materials.
4.05-35  Incidents involving nuclear vessels.

   Subpart 4.06--Mandatory Chemical Testing Following Serious Marine 
            Incidents Involving Vessels in Commercial Service

4.06-1  Responsibilities of the marine employer.
4.06-5  Responsibilities of individuals directly involved in serious 
          marine incidents.
4.06-10  Required specimens.
4.06-20  Specimen collection requirements.
4.06-30  Specimen collection in incidents involving fatalities.
4.06-40  Specimen handling and shipping.
4.06-50  Specimen analysis and follow-up procedures.
4.06-60  Submission of reports and test results.

                      Subpart 4.07--Investigations

4.07-1  Commandant or District Commander to order investigation.
4.07-5  Investigating officers, powers of.
4.07-7  Opening statement.
4.07-10  Report of investigation.
4.07-15  Recommendations, action on.
4.07-20  Transfer of jurisdiction.
4.07-25  Testimony of witnesses in other districts, depositions.
4.07-30  Testimony of witnesses under oath.
4.07-35  Counsel for witnesses and parties in interest.

[[Page 39]]

4.07-45  Foreign units of Coast Guard, investigation by.
4.07-55  Information to be furnished Marine Board of Investigation.

               Subpart 4.09--Marine Board of Investigation

4.09-1  Commandant to designate.
4.09-5  Powers of Marine Board of Investigation.
4.09-10  Witnesses, payment of.
4.09-15  Time and place of investigation, notice of; rights of 
          witnesses, etc.
4.09-17  Sessions to be public.
4.09-20  Record of proceedings.
4.09-25  U.S. Attorney to be notified.
4.09-30  Action on report.
4.09-35  Preferment of charges.

                Subpart 4.11--Witnesses and Witness Fees

4.11-1  Employees of vessels controlled by Army or Navy as witnesses.
4.11-5  Coercion of witnesses.
4.11-10  Witness fees and allowances.

       Subpart 4.12--Testimony by Interrogatories and Depositions

4.12-1 Application, procedure, and admissibility.

                  Subpart 4.13--Availability of Records

4.13-1 Public availability of records.

     Subpart 4.19--Construction of Regulations and Rules of Evidence

4.19-1  Construction of regulations.
4.19-5  Adherence to rules of evidence.

                    Subpart 4.21--Computation of Time

4.21-1  Computation of time.

              Subpart 4.23--Evidence of Criminal Liability

4.23-1 Evidence of criminal liability.

 Subpart 4.40--Coast Guard--National Transportation Safety Board Marine 
                         Casualty Investigations

4.40-1  Purpose.
4.40-3  Relationship to Coast Guard marine investigation regulations and 
          procedures.
4.40-5  Definitions.
4.40-10  Preliminary investigation by the Coast Guard.
4.40-15  Marine casualty investigation by the Board.
4.40-20  Cause or probable cause determinations from Board 
          investigation.
4.40-25  Coast Guard marine casualty investigation for the Board.
4.40-30  Procedures for Coast Guard investigation.
4.40-35  Records of the Coast Guard and the Board.

    Authority: 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.

    Source: CGD 74-119, 39 FR 33317, Sept. 17, 1974, unless otherwise 
noted.



            Subpart 4.01--Authority and Scope of Regulations



Sec. 4.01-1  Scope of regulation.

    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.

[CGD 85-015, 51 FR 19341, May 29, 1986]



Sec. 4.01-3  Reporting exclusion.

    (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 Sec. 4.05-1(d) or 
Sec. 4.05-1(e).
    (c) Vessels are excluded from the requirements of Sec. 4.05.1(d) and 
(e) 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.

[CGD 76-170, 45 FR 77441, Nov. 24, 1980; 46 FR 19235, Mar. 30, 1981, as 
amended by CGD 76-170, 47 FR 39684, Sept. 9, 1982]



                        Subpart 4.03--Definitions



Sec. 4.03-1   Marine casualty or accident.

    (a) The term marine casualty or accident shall mean any casualty or 
accident involving any vessel other than public vessels if such casualty 
or accident occurs upon the navigable waters of the United States, its 
territories or possessions or any casualty or accident

[[Page 40]]

wherever such casualty or accident may occur involving any United 
States' vessel which is not a public vessel. (See Sec. 4.03-40 for 
definition of Public Vessel.)
    (b) The term marine casualty or accident includes any accidental 
grounding, or any occurrence involving a vessel which results in damage 
by or to the vessel, its apparel, gear, or cargo, or injury or loss of 
life of any person; and includes among other things, collisions, 
strandings, groundings, founderings, heavy weather damage, fires, 
explosions, failure of gear and equipment and any other damage which 
might affect or impair the seaworthiness of the vessel.
    (c) The term marine casualty or accident also includes occurrences 
of loss of life or injury to any person while diving from a vessel and 
using underwater breathing apparatus.

[CGD 74-119, 39 FR 33317, Sept. 17, 1974, as amended by CGD 76-170, 45 
FR 77441, Nov. 24, 1980]



Sec. 4.03-2  Serious marine incident.

    The term serious marine incident includes the following events 
involving a vessel in commercial service:
    (a) Any marine casualty or accident as defined in Sec. 4.03-1 which 
is required by Sec. 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 Sec. 4.05-1(f) 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.

[CGD 86-067, 53 FR 47077, Nov. 21, 1988]



Sec. 4.03-4  Individual directly involved in a serious marine incident.

    The term individual directly involved in a serious marine incident 
is an individual whose order, action or failure to act is determined to 
be, or cannot be ruled out as, a causative factor in the events leading 
to or causing a serious marine incident.

[CGD 86-067, 53 FR 47077, Nov. 21, 1988]



Sec. 4.03-5  Medical facility.

    The term medical facility means an American hospital, clinic, 
physician's office, or laboratory, where blood and urine specimens can 
be collected according to recognized professional standards.

[CGD 86-067, 53 FR 47077, Nov. 21, 1988]



Sec. 4.03-6  Qualified medical personnel.

    The term qualified medical personnel means a physician, physician's 
assistant, nurse, emergency medical technician, or other person 
authorized under State or Federal law or regulation to collect blood and 
urine specimens.

[CGD 86-067, 53 FR 47077, Nov. 21, 1988]



Sec. 4.03-7  Chemical test.

    The term chemical test means a scientifically recognized test which 
analyzes an individual's breath, blood, urine, saliva, bodily fluids, or 
tissues for evidence of dangerous drug or alcohol use.

[CGD 86-067, 53 FR 47077, Nov. 21, 1988]



Sec. 4.03-10  Party in interest.

    The term party in interest shall mean any person whom the Marine 
Board of Investigation or the investigating officer shall find to have a 
direct interest in the investigation conducted by it and shall include 
an owner, a

[[Page 41]]

charterer, or the agent of such owner or charterer of the vessel or 
vessels involved in the marine casualty or accident, and all licensed or 
certificated personnel whose conduct, whether or not involved in a 
marine casualty or accident is under investigation by the Board or 
investigating officer.



Sec. 4.03-15  Commandant.

    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.



Sec. 4.03-20  Coast Guard district.

    A Coast Guard district is one of the geographical areas whose 
boundaries are described in 33 CFR part 3.



Sec. 4.03-25  District Commander.

    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 et seq.) and activities of independent units of 
the Coast Guard, such as the Coast Guard Yard and the Coast Guard 
Academy.



Sec. 4.03-30  Investigating officer.

    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.



Sec. 4.03-35  Nuclear vessel.

    The term nuclear vessel means any vessel in which power for 
propulsion, or for any other purpose, is derived from nuclear energy; or 
any vessel handling or processing substantial amounts of radioactive 
material other than as cargo.

[CGD 84-099, 52 FR 47534, Dec. 14, 1987]



Sec. 4.03-40  Public vessels.

    Except as provided in subpart 4.40 vessels within the statutory 
exemptions of Title LII of the Revised Statutes of the United States 
(R.S. 4399-4500) (as amended) relating to the inspection of vessels, are 
public vessels, and therefore not subject to the regulations in this 
part. To be deemed public vessels such vessels must:
    (a) Be used for a public purpose, not in trade or commercial 
service; and,
    (b) Be owned outright by the United States; it is not sufficient 
that the United States holds the vessel under a bareboat charter.

[CGD 74-119, 39 FR 33317, Sept. 17, 1974, as amended by CGD 76-149, 42 
FR 61200, Dec. 1, 1977]



Sec. 4.03-45   Marine employer.

    Marine employer means the owner, managing operator, charterer, 
agent, master, or person in charge of a vessel other than a recreational 
vessel.

[CGD 84-099, 52 FR 47534, Dec. 14, 1987]



Sec. 4.03-50   Recreational vessel.

    Recreational vessel means a vessel meeting the definition in 46 
U.S.C. 2101(25) that is then being used only for pleasure.

[CGD 84-099, 52 FR 47534, Dec. 14, 1987]



Sec. 4.03-55   Law enforcement officer.

    Law enforcement officer means a Coast Guard commissioned, warrant or 
petty officer; or any other law enforcement officer authorized to obtain 
a chemical test under Federal, State, or local law.

[CGD 84-099, 52 FR 47534, Dec. 14, 1987]



            Subpart 4.04--Notice of Potential Vessel Casualty

    Source: CGD 85-015, 51 FR 19341, May 29, 1986, unless otherwise 
noted.



Sec. 4.04-1  Reports of potential vessel casualty.

    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

[[Page 42]]

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.

Reasons for belief that a vessel is in distress include, but are not 
limited to, lack of communication with or nonappearance of the vessel.



Sec. 4.04-3  Reports of lack of vessel communication.

    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 than 48 hours have passed since receiving 
communication from the vessel. This notification shall be given to the 
Coast Guard district RCC cognizant over the area the vessel was last 
operating in.

(Information collection requirements approved by the Office of 
Management and Budget under control number 2115-0551)



Sec. 4.04-5  Substance of reports.

    The owner, charterer, managing operator or agent, notifying the 
Coast Guard under Sec. 4.04-1 or Sec. 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.

(Information collection requirements approved by the Office of 
Management and Budget under control number 2115-0551)



       Subpart 4.05--Notice of Marine Casualty and Voyage Records



Sec. 4.05-1  Notice of marine casualty.

    (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.

[CGD 94-030, 59 FR 39471, Aug. 3, 1994]



Sec. 4.05-5  Substance of marine casualty notice.

    The notice required in Sec. 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

[[Page 43]]

and extent of injury to persons, and the damage to property.

[CGD 76-170, 45 FR 77441, Nov. 24, 1980]



Sec. 4.05-10   Written report of marine casualty.

    (a) The owner, agent, master, operator, or person in charge shall, 
within five days, file a written report of any marine casualty. This 
written report is in addition to the immediate notice required by 
Sec. 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 
(Report of Required Chemical Drug and Alcohol Testing Following a 
Serious Marine Incident).
    (b) If filed without delay after the occurrence of the marine 
casualty, the notice required by paragraph (a) of this section suffices 
as the notice required by Sec. 4.05-1(a).


[CGD 94-030, 59 FR 39471, Aug. 3, 1994]



Sec. 4.05-12  Alcohol or drug use by individuals directly involved in casualties.

    (a) For each marine casualty required to be reported by Sec. 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.

[CGD 84-099, 52 FR 47534, Dec. 14, 1987]



Sec. 4.05-15  Voyage records, retention of.

    (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.



Sec. 4.05-20  Report of accident to aid to navigation.

    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

[[Page 44]]

CG-2692 is required unless one or more of the results listed in 
Sec. 4.05-1 occur.

[CGD 74-119, 39 FR 33317, Sept. 17, 1974, as amended by CGD 88-070, 53 
FR 34533, Sept. 7, 1988]



Sec. 4.05-25  Reports when state of war exists.

    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.



Sec. 4.05-30  Incidents involving hazardous materials.

    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.

[CGD 76-170, 45 FR 77441, Nov. 24, 1980]



Sec. 4.05-35  Incidents involving nuclear vessels.

    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.

[CGD 84-099, 52 FR 47534, Dec. 14, 1987]



   Subpart 4.06--Mandatory Chemical Testing Following Serious Marine 
            Incidents Involving Vessels in Commercial Service

    Source: CGD 86-067, 53 FR 47078, Nov. 21, 1988, unless otherwise 
noted.



Sec. 4.06-1  Responsibilities of the marine employer.

    (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.
    (f) Each marine employer shall implement the testing requirements of 
this subpart in accordance with the implementation schedule provided in 
46 CFR 16.205 and 16.207.



Sec. 4.06-5  Responsibilities of individuals directly involved in serious marine incidents.

    (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 
Sec. 4.06-10 when directed to do so by the marine employer or a law 
enforcement officer.

[[Page 45]]

    (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.



Sec. 4.06-10  Required specimens.

    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 Sec. 4.06-20 and 
part 16 of this chapter.
    (b) Blood or breath specimens, or both, collected in accordance with 
Sec. 4.06-20.



Sec. 4.06-20  Specimen collection requirements.

    (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 Sec. 16.330 of this part 
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 
Sec. 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.



Sec. 4.06-30  Specimen collection in incidents involving fatalities.

    (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).



Sec. 4.06-40  Specimen handling and shipping.

    (a) The marine employer shall ensure that blood specimens collected 
in accordance with Secs. 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

[[Page 46]]

within twenty-four (24) hours of receipt by the carrier.
    (b) The marine employer shall ensure that the urine specimen 
collection procedures of Sec. 16.310 of this part and the chain of 
custody requirements of Sec. 16.320 are complied with. The marine 
employer shall ensure that urine specimens required by Secs. 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 
expeditious means, but need not be shipped in a cooled condition for 
overnight delivery.



Sec. 4.06-50  Specimen analysis and follow-up procedures.

    (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 40.33, 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 
40.33 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.

[CGD 86-067, 53 FR 47078, Nov. 21, 1988, as amended by CGD 90-053, 58 FR 
31107, May 28, 1993]



Sec. 4.06-60  Submission of reports and test results.

    (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 Serous 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 Sec. 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 Sec. 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.



                      Subpart 4.07--Investigations



Sec. 4.07-1  Commandant or District Commander to order investigation.

    (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 duty, negligence or willful violation of

[[Page 47]]

the law on the part of any licensed or certificated man contributed to 
the casualty, so that appropriate proceedings against the license or 
certificate of such person may be recommended and taken under title 46, 
U.S. Code, section 239;
    (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.



Sec. 4.07-5  Investigating officers, powers of.

    (a) An investigating officer investigates each marine casualty or 
accident reported under Secs. 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.

[CGFR 65-50, 30 FR 17099, Dec. 30, 1965, as amended by CGD-104R, 37 FR 
14234, July 18, 1972]



Sec. 4.07-7  Opening statement.

    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.



Sec. 4.07-10  Report of investigation.

    (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 indorsement 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 
District Activities 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 Activities 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.

[CGD 74-119, 39 FR 33317, Sept. 17, 1974, as amended by CGD 75-196, 41 
FR 18655, May 6, 1976]



Sec. 4.07-15  Recommendations, action on.

    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.



Sec. 4.07-20  Transfer of jurisdiction.

    When it appears to the District Commander that it is more 
advantageous

[[Page 48]]

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.



Sec. 4.07-25  Testimony of witnesses in other districts, depositions.

    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.



Sec. 4.07-30  Testimony of witnesses under oath.

    (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.



Sec. 4.07-35  Counsel for witnesses and parties in interest.

    (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.



Sec. 4.07-45  Foreign units of Coast Guard, investigation by.

    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.



Sec. 4.07-55  Information to be furnished Marine Board of Investigation.

    When a Marine Board of Investigation is convened in accordance with 
Sec. 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.



               Subpart 4.09--Marine Board of Investigation



Sec. 4.09-1  Commandant to designate.

    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.

[CGD 76-170, 45 FR 77441, Nov. 24, 1980]



Sec. 4.09-5  Powers of Marine Board of 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.



Sec. 4.09-10  Witnesses, payment of.

    Any witness subpoenaed under Sec. 4.09-5 shall be paid such fees for 
his travel and attendance as shall be certified by

[[Page 49]]

the chairman of a Marine Board of Investigation or an investigating 
officer, in accordance with Sec. 4.11-10.



Sec. 4.09-15  Time and place of investigation, notice of; rights of witnesses, etc.

    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.



Sec. 4.09-17  Sessions to be public.

    (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.



Sec. 4.09-20  Record of proceedings.

    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.



Sec. 4.09-25  U.S. Attorney to be notified.

    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.



Sec. 4.09-30  Action on report.

    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.



Sec. 4.09-35   Preferment of charges.

    (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.



                Subpart 4.11--Witnesses and Witness Fees



Sec. 4.11-1  Employees of vessels controlled by Army or Navy as witnesses.

    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.



Sec. 4.11-5  Coercion of witnesses.

    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.



Sec. 4.11-10  Witness fees and allowances.

    Witness fees and allowances are paid in accordance with 46 CFR 
5.401.

[CGD 79-080, 45 FR 2046, Jan. 10, 1980, as amended by CGD 96-041, 61 FR 
50726, Sept. 27, 1996]

[[Page 50]]



       Subpart 4.12--Testimony by Interrogatories and Depositions



Sec. 4.12-1  Application, procedure, and admissibility.

    (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.

[CGD 74-119, 39 FR 33317, Sept. 17, 1974, as amended by CGD 96-041, 61 
FR 50726, Sept. 27, 1996]



                  Subpart 4.13--Availability of Records



Sec. 4.13-1   Public availability of records.

    Coast Guard records are made available to the public in accordance 
with 49 CFR part 7.

[CGD 73-43R, 40 FR 13501, Mar. 27, 1975]



     Subpart 4.19--Construction of Regulations and Rules of Evidence



Sec. 4.19-1  Construction of regulations.

    The regulations in this part shall be liberally construed to insure 
just, speedy, and inexpensive determination of the issues presented.



Sec. 4.19-5  Adherence to rules of evidence.

    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.

[[Page 51]]



                    Subpart 4.21--Computation of Time



Sec. 4.21-1  Computation of time.

    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: Provided, however, That where the time fixed by 
the regulations in this subchapter or an order of the Board is five days 
or less all intervening Sundays or legal holidays, other than Saturdays, 
shall be excluded.



              Subpart 4.23--Evidence of Criminal Liability



Sec. 4.23-1  Evidence of criminal liability.

    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.



 Subpart 4.40--Coast Guard--National Transportation Safety Board Marine 
                         Casualty Investigations

    Source: CGD 76-149, 42 FR 61200, Dec. 1, 1977, unless otherwise 
noted.



Sec. 4.40-1  Purpose.

    This subpart prescribes the joint regulations of the National 
Transportation Safety Board and the Coast Guard for the investigation of 
marine casualties.

[CGD 82-034, 47 FR 45882, Oct. 14, 1982]



Sec. 4.40-3  Relationship to Coast Guard marine investigation regulations and procedures.

    (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 investigatio in which the Coast Guard also has 
responsibility under R.S. 4450 (46 U.S.C. 239), the proceedings are 
conducted independently but so as to avoid duplication as much as 
possible.



Sec. 4.40-5  Definitions.

    As used in this subpart:
    (a) Act means title III of Public Law 93-633, the Independent Safety 
Board Act of 1974, (49 U.S.C. 1901, et seq.).
    (b) Board means the National Transportation Safety Board.
    (c) Chairman means the Chairman of the National Transportation 
Safety Board.
    (d) Major marine casualty means a casualty involving a vessel, other 
than a public vessel, that results in:
    (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) Public vessel means a vessel owned by the United States, except 
a vessel to which the Act of October 25, 1919, c.82, (41 Stat. 305, 46 
U.S.C. 363) applies.
    (f) Vessel of the United States means a vessel:
    (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.



Sec. 4.40-10  Preliminary investigation by the Coast Guard.

    (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

[[Page 52]]

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.

[CGD 76-149, 42 FR 61200, Dec. 1, 1977, as amended by CGD 82-034, 47 FR 
45882, Oct. 14, 1982]



Sec. 4.40-15  Marine casualty investigation by the Board.

    (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.

[CGD 82-034, 47 FR 45882, Oct. 14, 1982]



Sec. 4.40-20  Cause or probable cause determinations from Board investigation.

    After an investigation conducted by the Board under Sec. 4.40-15, 
the Board determines cause or probable cause and issues a report of that 
determination.



Sec. 4.40-25  Coast Guard marine casualty investigation for the Board.

    (a) If the Board does not conduct an investigation under Sec. 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 Sec. 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.

[CGD 82-034, 47 FR 45882, Oct. 14, 1982]



Sec. 4.40-30  Procedures for Coast Guard investigation.

    (a) The Coast Guard conducts an investigation under Sec. 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 any additional 
evidence the Board may acquire under its own authority.
    (f) An investigation by the Coast Guard under this section is both 
an investigation under the Act and under R.S. 4450 (46 U.S.C. 239).

[[Page 53]]



Sec. 4.40-35  Records of the Coast Guard and the Board.

    (a) Records of the Coast Guard made under Sec. 4.40-30 are available 
to the public under 49 CFR part 7.
    (b) Records of the Board made under Secs. 4.40-20 and 4.40-30 are 
available to the public under 49 CFR part 801.



PART 5--MARINE INVESTIGATION REGULATIONS--PERSONNEL ACTION--Table of Contents




                    Subpart A--Authority and Purpose

Sec.
5.1  Authority for regulations.
5.3  Purpose of regulations.
5.5  Purpose of administrative actions.

                         Subpart B--Definitions

5.11  Commandant.
5.13  Coast Guard District.
5.15  Investigating officer.
5.19  Administrative Law Judge.
5.23  Charge.
5.25  Specification.
5.27  Misconduct.
5.29  Negligence.
5.31  Incompetence.
5.33  Violation of law or regulation.
5.35  Conviction for a dangerous drug law violation, use of, or 
          addiction to the use of dangerous drugs.

            Subpart C--Statement of Policy and Interpretation

5.51  Construction of regulations.
5.53  Initiating suspension and revocation proceedings.
5.55  Time limitations for service of charges and specifications.
5.57  Acting under authority of license, certificate or document.
5.59  Offenses for which revocation of licenses, certificates or 
          documents is mandatory.
5.61  Acts or offenses for which revocation of licenses, certificates, 
          or documents is sought.
5.63  Standard of proof.
5.65  Commandant's decisions in appeal or review cases.
5.67  Physician-patient privilege.
5.69  Evidence of criminal liability.
5.71  Maritime labor disputes.

                        Subpart D--Investigations

5.101  Conduct of investigations.
5.103  Powers of investigating officer.
5.105  Courses of action available.
5.107  Preparation and service of charges and specifications.

   Subpart E--Deposit or Surrender of License, Certificate or Document

5.201  Voluntary deposits in event of mental or physical incompetence.
5.203  Voluntary surrender to avoid hearing.
5.205  Return or issuance of a license, certificate of registry, or 
          merchant mariners document.

                           Subpart F--Subpenas

5.301  Issuance of subpenas.
5.303  Service of subpenas on behalf of the respondent.
5.305  Quashing a subpena.
5.307  Enforcement.
5.309  Proof of service

                         Subpart G--Witness Fees

5.401  Payment of witness fees and allowances.

                           Subpart H--Hearings

5.501  General.
5.503  Record of the hearing.
5.505  Public access to hearings.
5.507  Disqualification of Administrative Law Judge.
5.509  Opening the hearing.
5.511  Continuance of a hearing.
5.513  Appearances.
5.515  Failure of respondent to appear at hearing.
5.517  Witnesses excluded from hearing room.
5.519  Rights of respondent.
5.521  Verification of license, certificate or document.
5.523  Motions or objections.
5.525  Correction or amendment of charges and/or specifications.
5.527  Answer.
5.529  Opening statement of investigating officer.
5.531  Opening statement by or on behalf of the respondent.
5.533  Presentation of case where there is an admission or no contest 
          answer.
5.535  Witnesses.
5.537  Evidence.
5.539  Burden of proof.
5.541  Official notice by Commandant and Administrative Law Judge.
5.543  Certification of extracts from shipping articles, logbooks, etc.
5.545  Weight of entries from logbooks.
5.547  Use of judgment of conviction.
5.549  Admissibility of respondent's Coast Guard records prior to entry 
          of findings and conclusions.
5.551  Admissions by respondent.
5.553  Testimony by deposition.

[[Page 54]]

5.555  Treatises.
5.557  Medical examination of respondent.
5.559  Argument.
5.561  Submission of proposed findings and conclusions.
5.563  Administrative Law Judge's findings and conclusions.
5.565  Submission of prior record and evidence in aggravation or 
          mitigation.
5.567  Order.
5.569  Selection of an appropriate order.
5.571  Delivery of decision.
5.573  Notification of right to appeal.
5.577  Modification of Administrative Law Judge's decision and order.

                    Subpart I--Reopening of Hearings

5.601  Petition to reopen hearing.
5.603  Procedures for submitting petition.
5.605  Action on petition.
5.607  Appeal from action on petition.

                           Subpart J--Appeals

5.701  Appeals in general.
5.703  Procedures for appeal.
5.705  Action on appeal.
5.707  Stay of effect of decision and order of Administrative Law Judge 
          on appeal to the Commandant; temporary license, certificate, 
          or document.
5.709  Appeal cases remanded for further proceedings.
5.711  Commandant's Decisions on Appeal.
5.713  Appeals to the National Transportation Safety Board.
5.715  Stay of effect of Decision of the Commandant on Appeal: Temporary 
          document and/or license pending appeal to National 
          Transportation Safety Board.

Subpart K--Review of Administrative Law Judge's Decisions in Cases Where 
                     Charges Have Been Found Proved

5.801  Commandant's review.
5.803  Record for decision on review.
5.805  Action on review.
5.807  Commandant's Decision on Review.

  Subpart L--Issuance of New Licenses, Certificates or Documents After 
                         Revocation or Surrender

5.901  Time limitations.
5.903  Application procedures.
5.905  Commandant's decision on application.

    Authority: 46 U.S.C. 2103, 7101, 7301, 7701; 49 CFR 1.46.

    Source: CGD 82-002, 50 FR 32184, Aug. 9, 1985, unless otherwise 
noted.



                    Subpart A--Authority and Purpose



Sec. 5.1  Authority for regulations.

    (a) The basic authority governing administrative actions against a 
person's license, certificate or document is set forth in title 46 
U.S.C. chapter 77. The Administrative Procedure Act, title 5 U.S.C. 
section 551, et seq., requires hearings held in conjunction with these 
administrative actions to be presided over by an Administrative Law 
Judge.
    (b) Title 46, U.S.C., section 7704 requires revocation of a license, 
certificate or document of any person who has been shown at a hearing to 
be a user of or addicted to the use of a dangerous drug or to have been 
convicted of violating a dangerous drug law of the United States, 
District of Columbia, or any state or territory of the United States.



Sec. 5.3  Purpose of regulations.

    The regulations in this part establish policies and procedures for 
administrative actions against mariners' licenses, certificates or 
documents issued by the Coast Guard.



Sec. 5.5  Purpose of administrative actions.

    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.



                         Subpart B--Definitions



Sec. 5.11  Commandant.

    For the purpose of this part, Commandant means the Commandant of the 
Coast Guard. In subparts I, J, and K of this part, the term Commandant 
includes the Vice Commandant of the Coast Guard acting on behalf of the 
Commandant in any proceeding involving final agency action on a petition 
to reopen a hearing or an appeal from a decision of an Administrative 
Law Judge not involving an order of revocation.

[[Page 55]]



Sec. 5.13  Coast Guard District.

    A Coast Guard District is a geographical area as described in 33 CFR 
part 3 which is under the command of a Coast Guard officer designated by 
the Commandant as the Coast Guard District Commander.



Sec. 5.15  Investigating Officer.

    An investigating officer is a Coast Guard official designated by the 
Commandant, District Commander, or the Officer In Charge, Marine 
Inspection, for the purpose of conducting investigations of marine 
casualties or matters pertaining to the conduct of persons issued a 
license, certificate or document by the Coast Guard. An Officer in 
Charge, Marine Inspection is an investigating officer without further 
designation.



Sec. 5.19  Administrative Law Judge.

    (a) An Administrative Law Judge shall mean any person designated by 
the Commandant pursuant to the Administrative Procedure Act (5 U.S.C. 
556(b) for the purpose of conducting hearings arising under 46 U.S.C. 
7703 or 7704.
    (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.



Sec. 5.23  Charge.

    (a) A charge is the designation in general terms of an act or 
offense within the purview of 46 U.S.C. 7703 or 7704. A charge must be 
supported by one or more specifications. Under no circumstances does a 
charge constitute evidence nor may any inference be drawn from the fact 
that the holder of a license, certificate or document has been the 
subject of a charge.
    (b) A charge must be stated as one of the following:
    (1) Misconduct;
    (2) Negligence;
    (3) Incompetence;
    (4) Violation of law or regulation;
    (5) Conviction for a dangerous drug law violation, use of a 
dangerous drug, or addiction to the use of dangerous drugs.



Sec. 5.25  Specification.

    A specification sets forth the facts which form the basis of a 
charge and enables the respondent to identify the act or offense so that 
a defense can be prepared. Each specification shall state:
    (a) Basis for jurisdiction;
    (b) Date and place of act, or offense; and
    (c) The facts constituting the alleged act or offense.



Sec. 5.27  Misconduct.

    Misconduct is human behavior which violates some formal, duly 
established rule. Such rules are found in, among other places, statutes, 
regulations, the common law, the general maritime law, a ship's 
regulation or order, or shipping articles and similar sources. It is an 
act which is forbidden or a failure to do that which is required.



Sec. 5.29  Negligence.

    Negligence is the commission of an act which a reasonable and 
prudent person of the same station, under the same circumstances, would 
not commit, or the failure to perform an act which a reasonable and 
prudent person of the same station, under the same circumstances, would 
not fail to perform.



Sec. 5.31  Incompetence.

    Incompetence is the inability on the part of a person to perform 
required duties, whether due to professional deficiencies, physical 
disability, mental incapacity, or any combination thereof.



Sec. 5.33  Violation of law or regulation.

    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 charge shall be violation of law or violation of regulation. 
The specification shall state the specific statute or regulation by 
title and section number, and the

[[Page 56]]

particular manner in which it was allegedly violated.



Sec. 5.35  Conviction for a dangerous drug law violation, use of, or addiction to the use of dangerous drugs.

    Where the proceeding is based exclusively on the provisions of title 
46, U.S.C. 7704, the charge will be conviction for a dangerous drug law 
violation or use of dangerous drugs or addiction to the use of dangerous 
drugs, depending upon the circumstances. The specification will allege 
jurisdiction by stating the elements as required by title 46, U.S.C. 
7704, and the approximate time and place of the offense.



            Subpart C--Statement of Policy and Interpretation



Sec. 5.51  Construction of regulations.

    The regulations in this part shall be construed so as to obtain a 
just, speedy, and economical determination of the issues presented.



Sec. 5.53  Initiating suspension and revocation proceedings.

    Suspension and revocation proceedings are initiated upon service of 
charges preferred by an investigating officer.



Sec. 5.55  Time limitations for service of charges and specifications.

    (a) The time limitations for service of various charges and 
specifications 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 Sec. 5.59(a) or 
Sec. 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.



Sec. 5.57  Acting under authority of license, certificate or document.

    (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.



Sec. 5.59  Offenses for which revocation of licenses, certificates or documents is mandatory.

    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

[[Page 57]]

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.



Sec. 5.61  Acts or offenses for which revocation of licenses, certificates, or documents is sought.

    (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.



Sec. 5.63  Standard of proof.

    In proceedings conducted pursuant to this part, findings must be 
supported by and in accordance with the reliable, probative, and 
substantial evidence. By this is meant evidence of such probative value 
as a reasonable, prudent and responsible person is accustomed to rely 
upon when making decisions in important matters. This includes admitted 
or no contest answers.



Sec. 5.65  Commandant's decisions in appeal or review cases.

    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.



Sec. 5.67  Physician-patient privilege.

    For the purpose of these proceedings, the physician-patient 
privilege does not exist between a physician and a respondent.



Sec. 5.69  Evidence of criminal liability.

    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.



Sec. 5.71  Maritime labor disputes.

    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.



                        Subpart D--Investigations



Sec. 5.101  Conduct of investigations.

    (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

[[Page 58]]

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.



Sec. 5.103  Powers of investigating officer.

    During an investigation, the investigating officer may administer 
oaths, issue subpenas in accordance with subpart F of this title, and 
require persons having knowledge of the subject matter of the 
investigation to answer questions.



Sec. 5.105  Course of action available.

    During an investigation, the investigating officer may take 
appropriate action as follows:
    (a) Prefer charges.
    (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.



Sec. 5.107  Preparation and service of charges and specifications.

    (a) When preferring charges, the investigating officer prepares 
charges and specifications, together with a notice of the time, date and 
place of the hearing.
    (b) The original of the charges and specifications and the notice of 
the time, date and place of hearing are served upon the respondent, 
either by personal service or certified mail, return receipt requested; 
restricted delivery (receipt to be signed by the addressee only).
    (c) Service will be made sufficiently in advance of the time set for 
the hearing so as to give the respondent a reasonable opportunity to 
prepare a defense.
    (d) At the time of service, whether personal or by certified mail, 
the respondent will also be advised with respect to:
    (1) The nature of suspension and revocation proceedings and the 
possible results thereof;
    (2) The right to have representation by counsel at the hearing, and 
that counsel may be, but need not be, a lawyer;
    (3) The right to have witnesses, records or other evidence subpenaed 
and that
    (4) Failure to appear at the time, date and place specified may 
result in the hearing being in his absence.
    (e) If the alleged act involves mental incompetence, it is 
recommended to the respondent, at the time of service of charges, that 
he procure counsel.
    (f) If the alleged act involves mental or physical incompetence, the 
respondent is advised that evidence of medical examination may be 
submitted.



   Subpart E--Deposit or Surrender of License, Certificate or Document



Sec. 5.201  Voluntary deposits in event of mental or physical incompetence.

    (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,

[[Page 59]]

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 such license, certificate, or 
document in accordance with Sec. 5.203.

[CGD 84-099, 52 FR 47535, Dec. 14, 1987]



Sec. 5.203  Voluntary surrender to avoid hearing.

    (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.



Sec. 5.205  Return or issuance of a license, certificate of registry, or merchant mariners document.

    (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 Secs. 5.901

[[Page 60]]

and 5.903 when applying for the issuance of a new license, certificate, 
or document.

[CGD 84-099, 52 FR 47535, Dec. 14, 1987]



                           Subpart F--Subpenas



Sec. 5.301  Issuance of subpenas.

    (a) Every subpena 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 subpenas 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 subpenas for the attendance and the giving of testimony by 
witnesses or for the production of books, papers, documents, or any 
other relevant evidence.



Sec. 5.303  Service of subpenas on behalf of the respondent.

    Service of subpenas 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, despite diligent and bona fide attempts to 
do so, and if the Administrative Law Judge further finds that the 
existing impediment to the service of the subpena is peculiarly within 
the authority of the Coast Guard to overcome, the Administrative Law 
Judge will have the subpena delivered to an investigating officer 
participating in the case for the purpose of effecting service.



Sec. 5.305  Quashing a subpena.

    (a) Persons subpenaed to appear in person or produce evidence at a 
hearing may, prior to or during the hearing, apply in writing to the 
Administrative Law Judge conducting the hearing requesting that the 
subpena be quashed or modified.
    (b) Upon receipt of any application requesting quashing or 
modification of a subpena the Administrative Law Judge notifies the 
party for whom the subpena was issued. The Administrative Law Judge may 
quash or modify the subpena if it is unreasonable or requires evidence 
not relevant to any matter in issue, or may deny the request.



Sec. 5.307  Enforcement.

    Upon application and for good cause shown, or upon its own 
initiative, the Coast Guard will seek judicial enforcement of subpenas 
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.



Sec. 5.309  Proof of service.

    (a) The person serving a subpena 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 subpena to the investigating officer or 
Administrative Law Judge who issued it. In case of failure to make 
service of a subpena, the person assigned to serve such subpena shall 
make a written statement setting forth the reasons the subpena was not 
served. The statement should be placed on the subpena or attached to it 
and returned to the investigating office or Administrative Law Judge who 
issued the subpena.
    (b) When service of a subpena is made by certified mail with return 
receipt to be signed by the addressee only, the person mailing the 
subpena shall make a written statement on a copy of the subpena 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

[[Page 61]]

the investigating officer or Administrative Law Judge who issued the 
subpena. In case the subpena 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 
subpena.



                         Subpart G--Witness Fees



Sec. 5.401  Payment of witness fees and allowances.

    (a) Duly subpenaed 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.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985; 50 FR 35228, Aug. 30, 1985]



                           Subpart H--Hearings



Sec. 5.501  General.

    (a) A hearing in a suspension and revocation proceeding conducted 
under 46 U.S.C. chapter 77, is the adjudication of the case. It is 
presided over and is conducted under the exclusive control of an 
Administrative Law Judge in accordance with applicable requirements in 5 
U.S.C. 551, et seq. (Administrative Procedure Act), and the regulations 
in this part. The Administrative Law Judge shall regulate and conduct 
the hearing in such a manner so as to bring out all the relevant and 
material facts, and to insure a fair and impartial hearing.
    (b) The Administrative Law Judge shall be governed by 5 U.S.C. 
557(d)(1) of the Administrative Procedure Act regarding ex parte 
communications relative to these proceedings.
    (c) With the consent of the investigating officer and respondent, 
the Administrative Law Judge may hold a prehearing conference for the 
settlement or simplification of the issues involved in the case. A 
prehearing conference may be requested by the investigating officer, 
respondent, or the Administrative Law Judge and is subject to the 
following provisions:
    (1) The Administrative Law Judge sets the time and place for the 
conference, or conference telephone call. The conference shall not be 
convened unless both the investigating officer and the respondent or 
their authorized representative are present.
    (2) Admissions or statements made at a conference are not admissible 
in evidence at a hearing for any reason.
    (3) The Administrative Law Judge, in his opening statement at the 
hearing, shall enter into the hearing record the time, date, place, and 
persons present at any prehearing conference held.
    (4) If the investigating officer and the respondent agree at the 
prehearing conference to stipulate to facts or amend the charge sheet, 
either may introduce the stipulation at the hearing which, upon the 
consent of the other, will become a part of the hearing record.
    (d) The procedures below are usually followed:
    (1) Administrative Law Judge's opening statement.
    (2) Appearances of persons at the hearing.
    (3) Verification of currently valid license, certificate and/or 
document held by respondent.
    (4) The Administrative Law Judge advises the respondent of his or 
her rights.
    (5) Exclusion of witnesses from the hearing room.
    (6) Preliminary motions, objections and/or corrections to the 
charges and specifications.
    (7) A reading of the charges with respondent's answer.
    (8) Opening statement of investigating officer.
    (9) Opening statement by or on behalf of the respondent or 
statements in mitigation if the respondent has admitted to the charge 
and specification or has answered no contest.
    (10) Submission of evidence.
    (11) Argument by the investigating officer and argument by or on 
behalf of the respondent.
    (12) The investigating officer and respondent are given the 
opportunity to

[[Page 62]]

submit proposed findings and conclusions.
    (13) The Administrative Law Judge renders findings and conclusions.
    (14) Submission of prior record of the respondent and evidence in 
aggravation or mitigation.
    (15) The Administrative Law Judge renders an order.
    (16) The Administrative Law Judge serves complete written decision.
    (17) The Administrative Law Judge advises the respondent of the 
right to appeal.
    (18) The Administrative Law Judge declares that the hearing is 
closed.



Sec. 5.503  Record of the hearing.

    (a) The Administrative Law Judge designates an official reporter for 
the hearing. The reporter shall prepare the record of the hearing, 
including the transcript if so directed by the Administrative Law Judge.
    (b) The testimony and exhibits presented, together with all papers, 
requests, and rulings filed in the proceedings constitute the record of 
the hearing.



Sec. 5.505  Public access to hearings.

    All hearings conducted pursuant to this part are open to the public, 
including representatives of the press, except when the Administrative 
Law Judge finds that the subject matter to be, or being, brought out in 
the evidence concerns classified material relating to national security, 
or when other circumstances exist which have been held to warrant a 
limitation or exception to the right of a public hearing in a United 
States District Court.



Sec. 5.507  Disqualification of Administrative Law Judge.

    (a) In any suspension and revocation proceeding conducted under this 
part, the Administrative Law Judge may withdraw voluntarily from a 
particular case for reasons of a possbile conflict of interest. In such 
event, the Administrative Law Judge shall immediately notify the 
Commandant of the desire to withdraw and the reasons therefor.
    (b) In any case the investigating officer or the respondent may, in 
good faith, request the Administrative Law Judge to withdraw on the 
grounds of personal bias or other disqualification. The party seeking 
the Administrative Law Judge's disqualification shall file with the 
Administrative Law Judge a timely affidavit or statement sworn to before 
a Coast Guard officer of other official authorized to administer oaths, 
setting forth in detail the facts alleged to constitute the grounds for 
disqualification. The investigating officer or the respondent may 
present testimony of witnesses or, at minimum, an offer of proof to 
support these grounds. The Administrative Law Judge rules whether or not 
disqualification is warranted.
    (c) If the person seeking disqualification takes exception to the 
Administrative Law Judge's ruling, that person may appeal such ruling to 
the Commandant. When such appeal is made, the Administrative Law Judge 
immediately forwards the affidavit or sworn statement with the decision 
thereon to the Commandant. The Administrative Law Judge may proceed with 
the hearing unless it can be shown that a delay in the hearing pending a 
determination of the appeal will not be detrimental to the matters being 
adjudicated. The Administrative Law Judge ensures that all matters 
relating to such claims of disqualification appear affirmatively in the 
record.



Sec. 5.509  Opening the hearing.

    The Administrative Law Judge opens the hearing at the time and place 
specified in the notice, administers all necessary oaths, and causes a 
complete record of the proceedings to be kept. The time and place of 
opening the hearing may be changed by the Administrative Law Judge by 
written notice served on the investigating officer and the respondent, 
either on the Administrative Law Judge's own motion or upon application 
of the investigating officer or respondent. Such change must be 
consistent with the rights of the respondent to a fair, impartial and 
timely hearing and the availability of witnesses.



Sec. 5.511  Continuance of a hearing.

    The Administrative Law Judge may, either on the Administrative Law 
Judge's own motion or the motion of the investigating officer or 
respondent,

[[Page 63]]

continue the hearing from day to day or adjourn such hearing to a later 
date or to a different place by announcement at the hearing or by other 
appropriate notice. When determining whether to grant a continuance, the 
Administrative Law Judge gives careful consideration to the future 
availability of witnesses, the schedule of the vessel or vessels on 
which the respondent and/or witnesses may be employed, and to the nature 
of the charge and gravity of the offense.



Sec. 5.513  Appearances.

    The appearances of the investigating officer and respondent and 
their representatives are entered in the record.



Sec. 5.515  Failure of respondent to appear at hearing.

    (a) In any case in which the respondent, after being duly served 
with the original of the notice of the time and place of the hearing and 
the charges and specifications, fails to appear at the time and place 
specified for the hearing, the hearing may be conducted in absentia.
    (b) The Administrative Law Judge ensures that the record contains 
the facts concerning the service of the charges, specifications and 
notice of hearing.



Sec. 5.517  Witnesses excluded from hearing room.

    After appearances are entered and prior to proceeding with the 
hearing, all witnesses are excluded from the hearing room. The 
Administrative Law Judge may order witnesses to be separated from each 
other while waiting to testify or admonish them to not discuss the case 
among themselves or with any other person, with the exception of the 
investigating officer, the respondent or the respondent's counsel.



Sec. 5.519  Rights of respondent.

    (a) The Administrative Law Judge advises the respondent, on the 
record, of the right to:
    (1) Be represented by professional counsel, or any other person 
desired;
    (2) Have witnesses and relevant evidence subpenaed;
    (3) Examine witnesses, cross-examine witnesses, and introduce 
relevant evidence into the record; and
    (4) Testify or remain silent.



Sec. 5.521  Verification of license, certificate or document.

    (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 Adminstrative 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.



Sec. 5.523  Motions or objections.

    Any motion or objection shall be heard and disposed of, on the 
record, by the Administrative Law Judge.



Sec. 5.525  Correction or amendment of charges and/or specifications.

    (a) The Administrative Law Judge examines the charges and 
specifications to determine their correctness as to form and legal 
sufficiency.
    (b) The Administrative Law Judge may, either on the Administrative 
Law Judge's own motion or motion by either the investigating officer or 
respondent, amend the charges and specifications to correct harmless 
errors by deletion or substitution of words or figures as long as a 
legal charge and specification remains.
    (c) When errors of substance are found in charges and 
specifications, the

[[Page 64]]

Administrative Law Judge shall allow that the defective charge or 
specification be withdrawn without prejudice to the service of a new 
charge and specification in the matter. The investigating officer may 
then prepare and serve a new charge and specification.



Sec. 5.527  Answer.

    (a) The Administrative Law Judge reads each charge and specification 
to the respondent and obtains a specific answer to each charge and 
specification. If the respondent fails to answer a charge or 
specification, the Administrative Law Judge enters a denial and proceeds 
with the hearing.
    (b) A specific answer shall be one of the following:
    (1) Deny;
    (2) No contest; or
    (3) Admit.
    (c) For purposes of proceedings under this part, an admission or no 
contest answer is sufficient to support a finding of proved by the 
Adminstrative Law Judge.
    (d) When the hearing is conducted in absentia, the Administrative 
Law Judge enters a denial to all charges and specifications.



Sec. 5.529  Opening statement of investigating officer.

    (a) If a denial is entered, the investigating officer makes a brief 
statement outlining the matters expected to be proved.
    (b) If the respondent admits the truth of the charges and 
specifications or answers no contest, the opening statement of the 
investigating officer shall contain a summary of the evidence upon which 
the charges and specifications are based.



Sec. 5.531  Opening statement by or on behalf of the respondent.

    The respondent or the respondent's counsel is afforded an 
opportunity to state what is intended to be established. This may be 
waived or deferred at the option of the respondent.



Sec. 5.533  Presentation of case where there is an admission or no contest answer.

    (a) If the respondent admits to any charge and specification or 
answers no contest, evidence in mitigation may be presented, and the 
investigating officer may present a prima facie case and evidence in 
aggravation even in those cases where revocation is mandatory.
    (b) Should the respondent's presentation be inconsistent with an 
admission or answer of no contest, the Administrative Law Judge will 
reject the answer, enter a denial and continue with the hearing.



Sec. 5.535  Witnesses.

    (a) All witnesses are sworn, duly examined, and may be cross 
examined. A witness on the stand may be questioned at any time by the 
Administrative Law Judge.
    (b) The person who calls a witness shall begin direct examination by 
identifying the witness.
    (c) Witnesses may be called to establish matters of aggravation or 
matters of mitigation.
    (d) Any witness may have the benefit and advice of personal counsel, 
but such counsel shall not otherwise participate in the hearing.
    (e) Any attempt to coerce or induce a witness to testify falsely is 
an offense under federal law which may be punishable by fine or 
imprisonment or both. (See 18 U.S.C. 1505.)
    (f) Upon motion by the investigating officer or respondent, the 
Administrative Law Judge may order that testimony of a witness be taken 
by telephone conference call, when testimony would otherwise be taken by 
deposition. The telephone conference will be arranged so that all 
participants can listen to and speak to each other in the hearing of the 
Administrative Law Judge. The Administrative Law Judge insures that all 
participants in the telephone conference are properly identified to 
allow a proper record to be made by the reporter. Participants shall 
speak clearly and avoid extraneous conversation. Telephone conferences 
are governed by the procedural rules and decorum observed during in-
person proceedings.
    (g) A witness may be subpenaed to testify by telephone conference. 
The subpena in such instances is issued under the procedures in subpart 
F.

[[Page 65]]



Sec. 5.537  Evidence.

    (a) In these proceedings, strict adherence to the rules of evidence 
is not required. However, the Federal Rules of Evidence, as amended, 
shall be the primary guide for evidentiary matters, where applicable.
    (b) Rules 410, 606, 706, and 1101 of the Federal Rules of Evidence 
shall not be applicable to these proceedings.
    (c) In conducting a hearing the Administrative Law Judge will extend 
reasonable latitude to the respondent who does not have professional 
counsel to represent him. Investigating officers and counsel should be 
required to conform to the the rules of evidence to a greater degree 
than respondents without counsel.



Sec. 5.539  Burden of proof.

    The investigating officer has the burden of proof.



Sec. 5.541  Official notice by Commandant and Administrative Law Judge.

    (a) In addition to other rules providing for judicial notice, the 
Commandant and the Administrative Law Judges will consider the following 
without requiring the investigating officer or the respondent to submit 
them in evidence:
    (1) Federal Law. The Constitution; Congressional Acts, Resolutions, 
Records, Journals and Committee Reports; Decisions of Federal Courts; 
Executive Orders and Proclamations; and rules, regulations, orders and 
notices published in the Federal Register.
    (2) State law. The Constitution and public laws of each State.
    (3) Governmental organizations. The organization, territorial 
limitations, officers, departments, and general administration of the 
Government of the United States, its States, territories, possessions 
and the Commonwealth of Puerto Rico.
    (4) Commandant's decisions. The Commandant's decisions in all appeal 
and review cases under this part. (See Sec. 5.65.)
    (b) Matters officially noticed by the Commandant or the 
Administrative Law Judge are specified on the record. The investigating 
officer and the respondent shall be afforded an opportunity, on the 
record, to rebut such matters.



Sec. 5.543  Certification of extracts from shipping articles, logbooks, etc.

    (a) In addition to other rules providing for authentication and 
certification, extracts from records in the custody of the Coast Guard, 
shipping articles, and logbooks, may be identified and authenticated by 
certification of an investigating officer or custodian of such records, 
or by any commissioned officer of the Coast Guard.
    (b) Certification must include a statement that the certifying 
individual has seen the original and compared the copy with it and found 
it to be a true copy. The individual so certifying shall sign name, rank 
or title, and duty station.



Sec. 5.545  Weight of entries from logbooks.

    (a) An entry in an official logbook of a vessel concerning an 
offense enumerated in 46 U.S.C. 11501, made in substantial compliance 
with the procedural requirements of 46 U.S.C. 11502, is admissible in 
evidence and constitutes prima facie evidence of the facts recited.
    (b) An entry in any logbook kept on a vessel may be admitted into 
evidence as an exception to the hearsay rule, under the Federal Rules of 
Evidence, as a record of a regularly conducted activity.
    (c) An entry in any logbook made in compliance with the procedural 
requirements of 46 U.S.C. 11502 may be given added weight by the 
Administrative Law Judge.



Sec. 5.547  Use of judgment of conviction.

    (a) A judgment of conviction by a Federal court is conclusive in 
proceedings under this part concerning incidents described in 46 U.S.C. 
7703, where acts or offenses forming the basis of the charges in the 
Federal court are the same.
    (b) Where the acts involved in a judgment of conviction of a State 
court are the same as those involved in proceedings under this part 
concerning incidents described in 46 U.S.C. 7703, the judgment of 
conviction is not conclusive of the issues decided. However,

[[Page 66]]

such judgment of conviction is admissible in evidence and constitutes 
substantial evidence adverse to the respondent.
    (c) The judgment of conviction for a dangerous drug law violation by 
a Federal or State court is conclusive in proceedings under this part. 
If as part of a state expungement scheme the respondent pleads guilty or 
no contest or is required by the court to attend classes, make 
contributions of time or money, receive treatment or submit to any 
manner of probation or supervision or forego appeal of the trial court 
finding, the respondent will be considered, for the purposes of 46 
U.S.C. 7704, to have received a final conviction. A later expungement of 
the record will not be considered unless it is proved that the 
expungement is based on a showing that the court's earlier conviction 
was in error.
    (d) The respondent may not challenge the jurisdiction of a Federal 
or State court in proceedings under 46 U.S.C. 7703 and 7704.



Sec. 5.549  Admissibility of respondent's Coast Guard records prior to entry of findings and conclusions.

    (a) The prior disciplinary record of the respondent is admissible 
when offered by the respondent.
    (b) In addition to the use of a judgment of conviction as provided 
in Sec. 5.547, the prior record of the respondent, as defined in 
Sec. 5.565, is admissible when offered by the investigating officer for 
the limited purposes of impeaching the credibility of evidence offered 
by the respondent regarding a disciplinary record.



Sec. 5.551  Admissions by respondent.

    No person shall be permitted to testify with respect to admissions 
made by the respondent during or in the course of an investigation under 
this part or part 4 of this title except for the purpose of impeachment.



Sec. 5.553  Testimony by deposition.

    (a) Testimony may be taken by deposition upon application of either 
party or upon the initiative of the Administrative Law Judge. The 
application of a party must be in writing and must contain the reasons 
for the deposition, the name and whereabouts of the witness and an 
approximate date, time and place for the deposition hearing. The 
applicant may request that it be by oral examination, or upon written 
interrogatories, or a combination thereof. The deposition may be taken 
before any person authorized to administer oaths.
    (b) Upon good cause appearing therefor, the Administrative Law Judge 
enters and serves upon the parties an order designating the person 
before whom the deposition is to be taken, together with such other 
information, directions and orders as will enable the person so 
designated to obtain the testimony of the deponent. The Administrative 
Law Judge issues a subpena in accordance with subpart F of this part 
which, along with his order and a list of interrogatories and cross-
interrogatories, if any, is forwarded to the person designated to take 
the deposition. This person shall have the subpena served upon the 
witness.
    (c) The investigating officer and respondent and/or their 
representatives may attend the taking of a deposition.
    (d) After the deposition has been taken and transcribed it is 
presented to the witness for examination, correction and signature 
unless such a procedure is waived by the deponent, on the record. The 
person taking the deposition shall certify to the signature of the 
witness. If, for any reason, the deposition or interrogatory is not 
signed by the witness, the person taking the deposition shall recite 
(under oath) thereon the reason it is not signed.
    (e) A deposition upon oral examination may be taken by telephone 
conference upon such terms, conditions, and arrangements as are 
prescribed in the order of the Administrative Law Judge.
    (f) The testimony at a deposition hearing may be recorded on 
videotape, upon such terms, conditions, and arrangements as are 
prescribed in the order of the Administrative Law Judge, at the expense 
of the party requesting the recording. The video recording may be in 
conjunction with an oral examination by telephone conference held 
pursuant to paragraph (e) of this section. After the deposition has been 
taken, the person taking the deposition

[[Page 67]]

shall immediately seal the videotape in an envelope, attaching thereto a 
statement identifying the proceeding and the deponent and certifying as 
to the authenticity of the deposition, and return the videotape by 
accountable means to the Administrative Law Judge. Such deposition 
becomes a part of the record of proceedings in the same manner as a 
transcribed deposition. The videotape, if admitted in evidence, will be 
played during the hearing and transcribed into the record by the 
reporter.
    (g) The Administrative Law Judge rules on the admissibility of the 
deposition or any part thereof and on any objections.



Sec. 5.555  Treatises.

    (a) Treatises, periodicals, or pamphlets relating to nautical 
practices are admissible in evidence without the use of expert 
witnesses.
    (b) The Administrative Law Judge evaluates such materials based on 
the facts and circumstances of the case. The materials may not be 
considered conclusive of an issue.



Sec. 5.557  Medical examination of respondent.

    (a) In a hearing in which the physical or mental condition of the 
respondent is in controversy, the Administrative Law Judge may order the 
respondent to submit to a medical examination.
    (b) An examination ordered by an Administrative Law Judge will be 
conducted at government expense by a physician designated by the 
Administrative Law Judge.
    (c) If the respondent fails, or refuses, to submit to an ordered 
examination such failure is accorded due weight in determining the facts 
alleged in the specifications.



Sec. 5.559  Argument.

    After all the evidence has been presented, the investigating officer 
and the respondent may present oral or written argument.



Sec. 5.561  Submission of proposed findings and conclusions.

    The Administrative Law Judge affords the investigating officer and 
the respondent reasonable opportunity to submit proposed findings and 
conclusions with supporting reasons. If either desires to submit such 
matter, the Administrative Law Judge fixes the time within which it 
shall be filed. Failure to comply within the time fixed by the 
Administrative Law Judge shall be regarded as a waiver of the right.



Sec. 5.563  Administrative Law Judge's findings and conclusions.

    (a) The Administrative Law Judge renders ultimate findings and 
conclusions.
    (b) A separate conclusion is made by the Administrative Law Judge on 
each charge and specification. A specification may be found not proved, 
proved in part, or proved. A charge may be found not proved or proved.
    (c) The testimony and exhibits presented, together with all papers, 
requests, and rulings filed in the proceedings are the exclusive basis 
for the issuance of the Administrative Law Judge's findings and 
conclusions.



Sec. 5.565  Submission of prior record and evidence in aggravation or mitigation.

    (a) Except as provided in Sec. 5.547 and Sec. 5.549, the prior 
record of the respondent may not be disclosed to the Administrative Law 
Judge until after conclusions have been made as to each charge and 
specification, and then only if at least one charge has been found 
proved. The prior record must include only information concerning the 
respondent and is limited to the following items less than 10 years old:
    (1) Written warnings issued by Coast Guard investigating officers 
and accepted by the respondent;
    (2) Final agency action on Coast Guard suspension and revocation 
hearings wherein one or more charges was found proved;
    (3) Voluntary surrender agreements entered into by the respondent;
    (4) Any final judgments of conviction in State or Federal courts;
    (5) Final agency action resulting in civil penalties or warnings 
being imposed against the respondent in proceedings administered by the 
Coast Guard under 33 CFR 1.07; and,
    (6) Any official commendatory information concerning the respondent 
of

[[Page 68]]

which the investigating officer is aware.
    (b) The investigating officer may offer evidence and argument in 
aggravation of the charge or charges found proved.
    (c) The respondent is allowed to comment on or offer evidence 
regarding prior maritime service including the prior record introduced 
by the investigating officer and any commendatory information.
    (d) The respondent may offer evidence and argument in mitigation of 
the charge or charges found proved.
    (e) The investigating officer may offer evidence and argument in 
rebuttal of the evidence and argument introduced by the respondent in 
mitigation.



Sec. 5.567  Order.

    (a) The Administrative Law Judge enters an order which recites the 
disposition of the case. When a charge has been found not proved, the 
order will state the charge is dismissed with or without prejudice. When 
a charge is found proved, the Administrative Law Judge may order an 
admonition, suspension with or without probation, or revocation.
    (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, that the license, certificate or 
document is to be surrendered to the Coast Guard immediately, if the 
order is one of revocation or includes a period of outright suspension. 
In cases involving special circumstances, the order may provide for 
surrender on a certain date.
    (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.



Sec. 5.569  Selection of an appropriate order.

    (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

[[Page 69]]

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 Failure to Obey a 
master's written instructions. An order within the range would not be 
considered excessive. Mitigating or aggravating factors may make an 
order greater or less than the given range appropriate. Orders for 
repeat offenders will ordinarily be greater than those specified.

          Table 5.569--Suggested Range of an Appropriate Order          
------------------------------------------------------------------------
           Type of offense                 Range of order (in months)   
------------------------------------------------------------------------
Misconduct:                                                             
  Failure to obey master's/ship        1-3.                             
   officer's order.                                                     
  Failure to comply with U.S. law or   1-3.                             
   regulations.                                                         
  Possession of intoxicating liquor..  1-4.                             
  Failure to obey master's written     2-4.                             
   instruction.                                                         
  Improper performance of duties       2-5.                             
   related to vessel safety.                                            
  Failure to join vessel (required     2-6.                             
   crew member).                                                        
  Violent acts against other persons   2-6.                             
   (without injury).                                                    
  Failure to perform duties related    3-6.                             
   to vessel safety.                                                    
  Theft..............................  3-6.                             
  Violent acts against other persons   4-Revocation.                    
   (injury).                                                            
  Use, possession, or sale of          Revocation (Note: see Sec.       
   dangerous drugs.                     5.59).                          
Negligence:                                                             
  Negligently performing duties        2-6.                             
   related to vessel navigation.                                        
  Negligently performing non-          1-3.                             
   navigational duties related to                                       
   vessel safety.                                                       
  Neglect of vessel navigation duties  3-6.                             
  Neglect of non-navigational safety   2-4.                             
   related duties.                                                      
Incompetence.........................  The only proper order for a      
                                        charge of incompetence found    
                                        proved is revocation.           
Violation of Regulation:                                                
  Refusal to provide specimens for     12-24.                           
   required chemical test..                                             
Dangerous drugs (46 U.S.C. 7704).....  The only proper order for a      
                                        charge under 46 U.S.C. 7704     
                                        found proved is revocation.     
------------------------------------------------------------------------


[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by CGD 86-067, 53 FR 
47079, Nov. 21, 1989]



Sec. 5.571  Delivery of decision.

    (a) Whenever possible, the Administrative Law Judge's decision is 
delivered in writing to the respondent or to the respondent's authorized 
representative at the final hearing session. If it is not possible for 
the Administrative Law Judge to deliver a complete written decision at 
the final session of the hearing, an oral decision is rendered on the 
record, with a written order prepared and served on the respondent or 
the respondent's authorized representative. The decision, including the 
order, is effective upon service of the written order.
    (b) If a complete written decision is not delivered at the final 
hearing session, the Administrative Law Judge prepares and has served on 
the respondent or the respondent's authorized representative a complete 
written decision within 30 days, when possible, after completion of the 
hearing. This delivery may be by personal service or certified mail, 
return receipt requested. The signed acknowledgment of personal service 
or the return receipt becomes a part of the hearing record.
    (c) As used in this section, the phrase, authorized representative 
means any person who has been authorized by the respondent, as shown by 
the hearing record, to receive service and take an appeal on behalf of 
the respondent.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985; 50 FR 35228, Aug. 30, 1985]



Sec. 5.573  Notification of right to appeal.

    The respondent is advised by the Administrative Law Judge of the 
right to appeal in accordance with subpart J of this part.



Sec. 5.577  Modification of Administrative Law Judge's decision and order.

    (a) After an Administrative Law Judge renders the decision and 
order, it may be modified or changed pursuant to procedures set forth in 
paragraph (b) of this section, in subpart I of this part for reopening 
of hearings; in subpart J of this part for appeals; or in subpart K of 
this part for review of Administrative Law Judge's decision by the 
Commandant. In the absence of any such actions, the decision of the 
Administrative Law Judge is final.

[[Page 70]]

    (b) When the proceeding is based on a conviction for a dangerous 
drug law violation, recision of the order affecting the license, 
certificate or document will not be granted, unless the applicant 
submits a specific court order to the effect that the conviction has 
been unconditionally set aside for all purposes. An order of revocation 
will not be rescinded as the result of any law which provides for a 
subsequent conditional setting aside, modification or expungement of the 
court conviction in the nature of granting of clemency or other relief 
after the conviction has become final, without regard to whether 
punishment was imposed.



                    Subpart I--Reopening of Hearings



Sec. 5.601  Petition to reopen hearing.

    (a) A respondent may petition to reopen the hearing on the basis of 
newly discovered evidence or on the basis of being unable to present 
evidence due to the respondent's inability to appear at the hearing 
through no fault of the respondent and due to circumstances beyond the 
respondent's control.
    (b) The filing of a petition does not stay an existing order of the 
Administrative Law Judge. However, if filed within 30 days after the 
effective date of the Administrative Law Judge's decision, it will toll 
or defer the running of the 30-day statutory period of appeal as 
provided in subpart J of this part until the Administrative Law Judge 
has acted on the petition.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985; 50 FR 35228, Aug. 30, 1985]



Sec. 5.603  Procedures for submitting petition.

    (a) The procedures for submitting a petition based on newly 
discovered evidence are as follows:
    (1) A petition to reopen the hearing may be submitted at any time 
prior to a final decision on appeal or within one year of the effective 
date of the Administrative Law Judge's decision.
    (2) If an appeal to the Commandant from the Administrative Law 
Judge's decision has not been filed, the petition must be addressed to 
the Administrative Law Judge. If an appeal to the Commandant has been 
filed, the petition must be submitted to the Commandant.
    (3) The petition must be in letter form, typewritten or written 
legibly, and shall contain:
    (i) The name of the petitioner, the number and description of the 
license, certificate and/or document involved, nature of the charge, the 
decision rendered including the order, and the name of the 
Administrative Law Judge who heard the case;
    (ii) A statement setting forth a description of the newly discovered 
evidence; and
    (iii) A statement as to whether or not this additional evidence was 
known to the petitioner at the time of the hearing, and reasons why the 
petitioner, with due diligence, could not have discovered such new 
evidence prior to the completion of the hearing.
    (b) The procedures for submitting a petition on the basis of 
inability to appear at the hearing are as follows:
    (1) A petition to reopen the hearing may be submitted within 30 days 
of the effective date of the Administrative Law Judge's decision.
    (2) If an appeal to the Commandant from the Administrative Law 
Judge's decision has not been filed, the petition must be addressed to 
the Administrative Law Judge. If an appeal to the Commandant has been 
filed, the petition must be submitted to the Commandant.
    (3) The petition must be in letter form, typewritten or written 
legibly, and shall contain:
    (i) The name of the petitioner, the number and description of the 
license, certificate and/or document involved, nature of the charge, the 
decision rendered including the order, and the name of the 
Administrative Law Judge who heard the case;
    (ii) A statement setting forth a description of the evidence the 
petitioner would have offered at the hearing; and
    (iii) A statement as to why the petitioner was unable to appear at 
the hearing including why the petitioner did not seek a change in the 
time or place for opening of the hearing.



Sec. 5.605  Action on petition.

    (a) The Administrative Law Judge, or Commandant, as appropriate, 
forwards

[[Page 71]]

a copy of the petition to the investigating officer. The investigating 
officer is afforded a reasonable time within which to submit written 
comments as to the merits of the petition.
    (b) The Administrative Law Judge, or the Commandant, renders a 
decision either granting or denying the petition. The decision on the 
petition will be based on a consideration of the petition, the record of 
the hearing, and the investigating officer's comments, if any.
    (c) If the Administrative Law Judge grants the petition, the hearing 
is reopened to allow the offer of the new evidence described in the 
petition.
    (d) If the Commandant grants the petition, the case is remanded to 
the Administrative Law Judge with directions to reopen the hearing.
    (e) When the petition is granted, the Administrative Law Judge 
withdraws the original decision and renders a new one based on the 
record of the original hearing and the new evidence received.
    (f) The petition, the investigating officer's comments, the 
Administrative Law Judge's or Commandant's decision on the petition, and 
the additional evidence will be appended to the original hearing record.



Sec. 5.607  Appeal from action on petition.

    (a) If the petition to reopen the hearing is denied by the 
Administrative Law Judge, the respondent may appeal to the Commandant 
within 30 days from the date of service of the denial of the petition. 
The review by the Commandant on this appeal will be limited to the 
issues raised by the petition. Other grounds on appeal must be in 
accordance with subpart J of this part.
    (b) If the petition to reopen the hearing is granted and a previous 
finding of proved is affirmed by the Administrative Law Judge, the 
respondent may appeal the decision as provided for in subpart J of this 
part.



                           Subpart J--Appeals



Sec. 5.701  Appeals in general.

    (a) A respondent against whom a finding of proved has been rendered 
may appeal such decision to the Commandant.
    (b) The hearing transcript, together with all papers and exhibits 
filed, shall constitute the record for decision on appeal. The only 
matters which will be considered by the Commandant on the appeal are:
    (1) Rulings on motions or objections which were not waived during 
the proceedings;
    (2) Clear errors on the record;
    (3) Jurisdictional questions.
    (c) In the preparation of an appeal, the investigating officer's and 
the Administrative Law Judge's assistance to the appellant will extend 
only to the point of providing information as to the applicable 
regulations.
    (d) If the respondent requests a copy of the transcript in the 
notice of appeal and the hearing was recorded or transcribed at 
government expense, the transcript will be provided upon payment of the 
fees prescribed in 49 CFR 7.95. If the services of a government 
contractor were utilized, the transcript must be obtained under the 
provisions of 49 CFR 7.99.



Sec. 5.703  Procedures for appeal.

    (a) An appeal may be taken only by filing a written notice of appeal 
within 30 days after service of the complete written decision. This 
notice of appeal must be filed with the Administrative Law Judge who 
heard the case or with any Officer in Charge, Marine Inspection for 
forwarding to the Administrative Law Judge.
    (b) The notice of appeal must:
    (1) Be typewritten or written legibly;
    (2) Be addressed to the Commandant; and
    (3) Set forth the name of the appellant, the number and description 
of the license, certificate and/or document involved, and the name of 
the Administrative Law Judge who heard the case.
    (c) The completed appeal must be submitted to the Commandant, U.S. 
Coast Guard (G-MOA), 2100 2nd St. SW., Washington, DC, 20593 within 
sixty days after service of the complete written decision, or if a 
transcript was requested, within 60 days after receipt of the 
transcript. After this time has elapsed, anything received will not be 
considered as a part of the appeal record unless an extension of time 
has

[[Page 72]]

been granted in writing by the Commandant and the extended time limit 
has been met.
    (d) The appeal must contain a brief or memorandum setting forth 
legal and other authorities relied upon. All grounds for appeal or 
exceptions to the Administrative Law Judge's decision must be described 
with particularity.
    (e) No appeal will be accepted in the case of a revocation or 
outright suspension if the respondent has not complied with the order of 
the Administrative Law Judge to deposit the license or document with the 
Coast Guard.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by CGD 95-072, 60 FR 
50459, Sept. 29, 1995; CGD 96-041, 61 FR 50726, Sept. 27, 1996]



Sec. 5.705  Action on appeal.

    (a) The Commandant may affirm, reverse, alter, or modify the 
decision of the Administrative Law Judge, or may remand the case for 
further proceedings. The Decision of the Commandant on Appeal is the 
final agency action in the absence of a remand.
    (b) Failure to file a brief containing grounds and justification for 
relief sought on appeal of the Administrative Law Judge's decision will 
result in either:
    (1) Termination of the case by written notice to the appellant or 
appellant's counsel that the decision of the Administrative Law Judge 
constitutes the final agency action on the merits of the case; or
    (2) Consideration of the appeal on the merits of the case and 
publication of the Commandant's decision without prior notice to the 
appellant or appellant's counsel. This will only be done when some clear 
error appears in the record or when the case presents some novel policy 
consideration.



Sec. 5.707  Stay of effect of decision and order of Administrative Law Judge on appeal to the Commandant; temporary license, certificate, or document.

    (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 Sec. 5.59, may file a written 
request for a temporary license, certificate or document. This request 
must be submitted to the Administrative Law Judge who presided over the 
case, or to any Officer in Charge, Marine Inspection for forwarding to 
the Administrative Law Judge.
    (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 Sec. 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.



Sec. 5.709  Appeal cases remanded for further proceedings.

    (a) When the Commandant renders a decision remanding a case for 
further proceedings, the remand is directed to the Administrative Law 
Judge. If a reopening of the former hearing or a new hearing is 
necessary, the Administrative Law Judge notifies the investigating 
officer and the respondent and sets a date for the hearing.
    (b) If the hearing is reopened, the evidence in the prior hearing 
shall be

[[Page 73]]

evaluated together with the new evidence submitted.
    (c) In a new hearing, the evidence in the prior hearing may be used 
for purposes of impeachment. Evidence in the prior hearing may be 
stipulated as a part of the record of the new hearing.
    (d) The Administrative Law Judge renders either an entirely new 
decision or a decision incorporating by reference the original decision, 
as appropriate.



Sec. 5.711  Commandant's Decisions on Appeal.

    (a) The Commandant's Decisions on Appeal are the final agency action 
taken in appeals under the suspension and revocation proceedings 
provided by this part. These Decisions are issued seriatim and are 
public records.
    (b) The Commandant's Decisions on Appeal are available for reading 
purposes at Coast Guard Headquarters, Offices of District Commanders, 
and at Marine Safety Offices and Marine Inspection Offices. (See 33 CFR 
subpart 1.10.)



Sec. 5.713  Appeals to the National Transportation Safety Board.

    (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 
of counsel.



Sec. 5.715  Stay of effect of Decision of the Commandant on Appeal: Temporary document and/or license pending appeal to National Transportation Safety Board.

    (a) A Decision of the Commandant on Appeal affirming an order of 
revocation, except a revocation resulting from an offense enumerated 
under Sec. 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 Sec. 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 Sec. 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.



Subpart K--Review of Administrative Law Judge's Decisions in Cases Where 
                     Charges Have Been Found Proved



Sec. 5.801  Commandant's review.

    Any decision of an Administrative Law Judge, in which there has been 
a finding of proved, may be called up for review by the Commandant 
without procedural formality.



Sec. 5.803  Record for decision on review.

    The transcript of hearing, together with all papers and exhibits 
filed, shall

[[Page 74]]

constitute the record for consideration and review.



Sec. 5.805  Action on 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.



Sec. 5.807  Commandant's Decision on Review.

    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.)



  Subpart L--Issuance of New Licenses, Certificates or Documents After 
                         Revocation or Surrender



Sec. 5.901  Time limitations.

    (a) Any person whose license, certificate or document has been 
revoked or surrendered for one or more of the offenses described in 
Sec. 5.59 and Sec. 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 Sec. 5.59 or Sec. 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.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by CGD 84-099, 52 FR 
47535, Dec. 14, 1987]



Sec. 5.903  Application procedures.

    (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 St. SW., Washington, DC 20593, 
and must be delivered in person to the nearest Officer in Charge, Marine 
Inspection.
    (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;

[[Page 75]]

    (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.



Sec. 5.905  Commandant's decision on application.

    (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.



PART 6--WAIVERS OF NAVIGATION AND VESSEL INSPECTION LAWS AND REGULATIONS1--Table of Contents



---------------------------------------------------------------------------

    1This is also codified in 33 CFR part 19.
---------------------------------------------------------------------------

Sec.
6.01  Procedures for effecting individual waivers of navigation and 
          vessel inspection laws and regulations.
6.04  Vessels requisitioned by the United States for emergency 
          evacuation.
6.06  Vessels operated by or chartered to Military Sealift Command.
6.07  Chronological record of seaman's previous employment.
6.15  Permits for commercial vessels handling explosives at military 
          installations.

    Authority: 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.



Sec. 6.01  Procedures for effecting individual waivers of navigation and vessel inspection laws and regulations.

    (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 the Commandant. In 
any case in which it appears to the Coast Guard officer

[[Page 76]]

concerned that reference of the application to the Commandant for action 
would not delay the sailing of the vessel or otherwise be contrary to 
the interest of national defense, the application shall be so referred. 
In all other cases such Coast Guard officer shall give immediate 
consideration to the application and if he reaches the conclusion that 
the urgency of the situation outweighs the marine hazard involved, then 
such waiver shall be made effective in regard to such vessel to the 
extent and under the circumstances specified by him.
    (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.

[CGFR 51-10, 16 FR 1959, Mar. 1, 1951. Redesignated by CGFR 69-123, 34 
FR 19076, Dec. 2, 1969; CGD 96-041, 61 FR 50726, Sept. 27, 1996]



Sec. 6.04  Vessels requisitioned by the United States for emergency evacuation.

    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 codeter 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.

[CGFR 51-61, 16 FR 12792, Dec. 20, 1951. Redesignated by CGFR 69-123, 34 
FR 19076, Dec. 2, 1969]



Sec. 6.06  Vessels operated by or chartered to Military Sealift Command.

    (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

[[Page 77]]

made by the Commander, Military Sealift Command, or any one of his duly 
designated representatives. Except as provided in paragraph (e) 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, or to the 
Commandant (G-MOC), U.S. Coast Guard, Washington, DC 20593-0001. Every 
application shall:
    (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 Federal 
Register.

[CGFR 64-86, 30 FR 89, Jan. 6, 1965. Redesignated by CGFR 69-123, 34 FR 
19076, Dec. 2, 1969, and amended by CGD 88-070, 53 FR 34533, Sept. 7, 
1988; CGD 88-070, 54 FR 3038, Jan. 23, 1989; CGD 95-072, 60 FR 50459, 
Sept. 29, 1995; CGD 96-041, 61 FR 50726, Sept. 27, 1996]



Sec. 6.07  Chronological record of seaman's previous employment.

    (a) Compliance is hereby waived with regard to the provisions of 
subsection (h) of R.S. 4551, as amended (46 U.S.C. 643), 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 R.S.

[[Page 78]]

4551(h), as amended (46 U.S.C. 643), is necessary in the interest of 
national defense.

[CGFR 51-9, 16 FR 1830, Feb. 27, 1951, as amended by CGFR 59-4a, 24 FR 
3055, Apr. 21, 1959. Redesignated by CGFR 69-123, 34 FR 19076, Dec. 2, 
1969]



Sec. 6.15  Permits for commercial vessels handling explosives at military installations.

    Pursuant to the request of the Secretary of Defense in a letter 
dated October 19, 1955, made under the provisions of section 1 of the 
act of December 27, 1950 (64 Stat. 1120; 46 U.S.C., note prec. 1), I 
hereby waive in the interest of national defense compliance with the 
provisions of R.S. 4472, as amended (46 U.S.C. 1970), and the 
regulations promulgated thereunder in part 146 of this chapter to the 
extent that no quantitative restrictions, based on considerations of 
isolation and remoteness, shall be required by the Coast Guard for 
commercial vessels loading or unloading explosives at the Department of 
Defense waterfront installations. This waiver shall not relieve a 
commercial vessel loading or unloading explosives at the Department of 
Defense waterfront installations from the requirement of securing a 
permit from the Coast Guard for such operations with respect to 
quantitative or other restrictions imposed by the Coast Guard on the 
basis of each vessel's ability to meet prescribed stowage and handling 
requirements.

[CGFR 55-49, 20 FR 8638, Nov. 23, 1955. Redesignated by CGFR 69-123, 34 
FR 19076, Dec. 2, 1969]



PART 7--BOUNDARY LINES--Table of Contents




                                 General

Sec.
7.1  General purpose of boundary lines.
7.5  Rules for establishing boundary lines.

                             Atlantic Coast

7.10  Eastport, ME to Cape Ann, MA.
7.15  Massachusetts Bay, MA.
7.20  Nantucket Sound, Vineyard Sound, Buzzards Bay, Narragansett Bay, 
          MA, Block Island Sound and easterly entrance to Long Island 
          Sound, NY.
7.25  Montauk Point, NY to Atlantic Beach, NY.
7.30  New York Harbor, NY.
7.35  Sandy Hook, NJ to Cape May, NJ.
7.40  Delaware Bay and tributaries.
7.45  Cape Henlopen, DE to Cape Charles, VA.
7.50  Chesapeake Bay and tributaries.
7.55  Cape Henry, VA to Cape Fear, NC.
7.60  Cape Fear, NC to Sullivans Island, SC.
7.65  Charleston Harbor, SC.
7.70  Folly Island, SC to Hilton Head Island, SC.
7.75  Savannah River/Tybee Roads.
7.80  Tybee Island, GA to St. Simons Island, GA.
7.85  St. Simons Island, GA to Little Talbot Island, FL.
7.90  St. Johns River, FL.
7.95  St. Johns Point, FL to Miami Beach, FL.
7.100  Florida Reefs and Keys from Miami, FL to Marquesas Keys, FL.

                               Gulf Coast

7.105  Marquesas Keys, FL to Rio Grande, TX.

                                 Hawaii

7.110  Mamala Bay, HI.

                              Pacific Coast

7.115  Santa Catalina Island, CA.
7.120  Mexican/United States border to Point Fermin, CA.
7.125  Point Vincente, CA to Point Conception, CA.
7.130  Point Conception, CA to Point Sur, CA.
7.135  Point Sur, CA to Cape Blanco, OR.
7.140  Cape Blanco, OR to Cape Flattery, WA.
7.145  Strait of Juan de Fuca, Haro Strait and Strait of Georgia, WA.

                                 Alaska

7.150  Canadian (BC) and United States (AK) Borders to Cape Spencer, AK.
7.155  Cape Spencer, AK to Cape St. Elias, AK.
7.160  Point Whitshed, AK to Aialik Cape, AK.
7.165  Kenai Peninsula, AK to Kodiak Island, AK.
7.170  Alaska Peninsula, AK to Aleutian Islands, AK.
7.175  Alaska Peninsula, AK to Nunivak, AK.
7.180  Kotzebue Sound, AK.

    Authority: 14 U.S.C. 633; 33 U.S.C. 151; 49 CFR 1.46.

    Source: CGD 81-058, 50 FR 25230, June 18, 1985, unless otherwise 
noted.

[[Page 79]]

                                 General



Sec. 7.1  General purpose of boundary lines.

    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 et seq., the Vessel Bridge-to-Bridge Radiotelephone Act; 
46 U.S.C. 88, the Coastwise Loadline Act; 46 U.S.C. 3301(6) requiring 
the inspection of seagoing barges which are defined in 46 U.S.C. 
2101(32); 46 U.S.C. 3301(7) requiring the inspection of seagoing motor 
vessels which are defined in 46 U.S.C. 2101(33); 46 U.S.C. 3302(d) which 
exempts from inspection requirements certain vessels under 150 gross 
tons that operate within the waters of southeastern Alaska and the State 
of Washington; and 46 U.S.C. 8304, ``Implementing the Officers' 
Competency Certificates Convention, 1936.''



Sec. 7.5  Rules for establishing boundary lines.

    (a) For application of the Vessel Bridge-to-Bridge Radiotelephone 
Act, 33 U.S.C. 1201 et seq., the line is 3 miles seaward of the baseline 
from which the territorial sea is measured.
    (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.

                             Atlantic Coast



Sec. 7.10  Eastport, ME to Cape Ann, MA.

    (a) A line drawn from the easternmost extremity of Kendall Head to 
latitude 44 deg.54'45" N. longitude 66 deg.58'30" W.; thence to the 
range marker located in approximate position latitude 44 deg.51'45" N. 
longitude 66 deg.59" W.
    (b) A line drawn from West Quoddy Head Light to latitude 
44 deg.48.5' N. longitude 66 deg.56.4' W. (Sail Rock Lighted Whistle 
Buoy ``1''); thence to latitude 44 deg.37.5' N. longitude 67 deg.09.8' 
W. (Little River Lighted Whistle Buoy ``2LR''); thence to latitude 
44 deg.14.5' N. longitude 67 deg.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 deg.31.6' N. longitude 70 deg.05.5' W. (Portland Lighted 
Horn Buoy ``P''); thence to Boon Island Light; thence to latitude 
42 deg.37.9' N. longitude 70 deg.31.2' W. (Cape Ann Lighted Whistle Buoy 
``2'').



Sec. 7.15  Massachusetts Bay, MA.

    A line drawn from latitude 42 deg.37.9' N. longitude 70 deg.31.2' W. 
(Cape Ann Lighted Whistle Buoy ``2'') to latitude 42 deg.22.7' N. 
longitude 70 deg.47.0' W. (Boston Lighted Horn Buoy ``B''); thence to 
Race Point Light.



Sec. 7.20  Nantucket Sound, Vineyard Sound, Buzzards Bay, Narragansett Bay, MA, Block Island Sound and easterly entrance to Long Island Sound, NY.

    (a) A line drawn from Chatham Light to latitude 41 deg.36.1' N. 
longitude 69 deg.51.1' W. (Pollack Rip Entrance Lighted Horn Buoy 
``PR''); thence to latitude 41 deg.26.0' N. longitude 69 deg.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.



Sec. 7.25  Montauk Point, NY to Atlantic Beach, NY.

    (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 deg. 
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 deg. true across the 
southwest

[[Page 80]]

tangent of the island on the north side of Jones Inlet to the shoreline.



Sec. 7.30  New York Harbor, NY.

    A line drawn from East Rockaway Inlet Breakwater Light to Ambrose 
Light; thence to Highlands Light (north tower).



Sec. 7.35  Sandy Hook, NJ to Cape May, NJ.

    (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 Barnegat Inlet North Breakwater Light ``2''; thence to Barnegat Inlet 
Light ``5''; thence along the submerged Barnegat Inlet South Breakwater 
to shore.
    (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 deg.18.2' N. longitude 74 deg.32.2' W. to the northeasternmost point 
of Ocean City at latitude 39 deg.17.6' N. longitude 74 deg.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.



Sec. 7.40  Delaware Bay and tributaries.

    A line drawn from Cape May Inlet East Jetty Light to latitude 
38 deg.55.8' N. longitude 74 deg.51.4' W. (Cape May Harbor Inlet Lighted 
Bell Buoy ``2CM''); thence to latitude 38 deg.48.9' N. longitude 
75 deg.02.3' W. (Delaware Bay Entrance Channel Lighted Buoy ``8''); 
thence to the northernmost extremity of Cape Henlopen.



Sec. 7.45  Cape Henlopen, DE to Cape Charles, VA.

    (a) A line drawn from the easternmost extremity of Indian River 
Inlet North Jetty to latitude 38 deg.36.5' N. longitude 75 deg.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 deg.19.4' N. longitude 75 deg.05.0' W. (Ocean City Inlet Entrance 
Lighted Buoy ``4''); thence to latitude 38 deg.19.3' N. longitude 
75 deg.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 deg.50.2' N. longitude 75 deg.24.9' W. (Chincoteague Inlet Lighted 
Bell Buoy ``CI''); thence to the tower charted at latitude 37 deg.52.6' 
N. longitude 75 deg.26.7' W.
    (d) A line drawn from the southernmost extremity of Cedar Island to 
latitude 37 deg.34.7' N. longitude 75 deg.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 deg.27.2' N. longitude 75 deg.40.5' W.



Sec. 7.50  Chesapeake Bay and tributaries.

    A line drawn from Cape Charles Light to latitude 36 deg.56.8' N. 
longitude 75 deg.55.1' W. (North Chesapeake Entrance Lighted Gong Buoy 
``NCD''); thence to latitude 36 deg.54.8' N. longitude 75 deg.55.6' W. 
(Chesapeake Bay Entrance Lighted Bell Buoy ``CBC''); thence to latitude 
36 deg.55.0' N. longitude 75 deg.58.0' W. (Cape Henry Buoy ``1''); 
thence to Cape Henry Light.



Sec. 7.55  Cape Henry, VA to Cape Fear, NC.

    (a) A line drawn from Rudee Inlet Jetty Light ``2'' to latitude 
36 deg.50' N. longitude 75 deg.56.7' W.; thence to Rudee Inlet Jetty 
Light ``1''.

[[Page 81]]

    (b) A line drawn from Bodie Island Light to latitude 35 deg.49.3' N. 
longitude 75 deg.31.9' W. (Oregon Inlet Approach Lighted Whistle Buoy 
``OI''); thence to Oregon Inlet Radiobeacon.
    (c) A line drawn from Hatteras Inlet Light 255 deg. true to the 
eastern end of Ocracoke Island.
    (d) A line drawn from the westernmost extremity of Ocracoke Island 
at latitude 35 deg.04' N. longitude 76 deg.00.8' W. to the 
northeasternmost extremity of Portsmouth Island at latitude 35 deg.03.7' 
N. longitude 76 deg.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 deg.38.4' N. longitude 76 deg.40.6' W. (Beaufort Inlet 
Lighted Bell Buoy ``2BI''); thence to the seaward extremity of the 
Beaufort Inlet west jetty.
    (g) A line drawn from the seaward extremity of Masonboro Inlet north 
jetty to latitude 34 deg.10.3' N. longitude 77 deg.48.0' W. (Masonboro 
Inlet Lighted Whistle Buoy ``A''); thence to the beach in approximate 
position latitude 34 deg.10' N. longitude 77 deg.49.4' W.



Sec. 7.60  Cape Fear, NC to Sullivans Island, SC.

    (a) A line drawn from the southernmost extremity to Cape Fear to 
latitude 33 deg.49.5' N. longitude 78 deg.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 deg.51.2' N. longitude 78 deg.32.6' W. 
to latitude 33 deg.50.3' N. longitude 78 deg.32.5' W. (Little River 
Inlet Entrance Lighted Whistle Buoy ``2LR''); thence to the 
northeasternmost extremity of Waties Island at approximate position 
latitude 33 deg.51.2' N. longitude 78 deg.33.6' W.
    (c) A line drawn from the seaward extremity of Murrells Inlet north 
jetty to latitude 33 deg.31.5' N. longitude 79 deg.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 deg.11.6' N. 
longitude 79 deg.05.4' W. (Winyah Bay Lighted Bell Buoy ``2WB''); thence 
to the southernmost extremity of Sand Island.



Sec. 7.65  Charleston Harbor, SC.

    A line drawn from Charleston Light on Sullivans Island to latitude 
32 deg.40.7' N. longitude 79 deg.42.9' W. (Charleston Lighted Whistle 
Buoy ``2C''); thence to Folly Island Loran Tower (latitude 32 deg.41.0' 
N. longitude 79 deg.53.2' W.).



Sec. 7.70  Folly Island, SC to Hilton Head Island, SC.

    (a) A line drawn from the southernmost extremity of Folly Island to 
latitude 32 deg.35' N. longitude 79 deg.58.2' W. (Stono Inlet Lighted 
Whistle Buoy ``1S''); thence to Kiawah Island bearing approximately 
307 deg. true.
    (b) A line drawn from the southernmost extremity of Kiawah Island to 
latitude 32 deg.31' N. longitude 80 deg.07.8' W. (North Edisto River 
Entrance Lighted Whistle Buoy ``2NE''); thence to Botany Bay Island in 
approximate position latitude 32 deg.33.1' N. longitude 80 deg.12.7' W.
    (c) A line drawn from the microwave antenna tower on Edisto Beach 
charted in approximate position latitude 32 deg.29.3' N. longitude 
80 deg.19.2' W. across St. Helena Sound to the abandoned lighthouse 
tower on Hunting Island charted in approximate position latitude 
32 deg.22.5' N. longitude 80 deg.26.5' W.
    (d) A line drawn from the abandoned lighthouse on Hunting Island in 
approximate position latitude 32 deg.22.5' N. longitude 80 deg.26.2' W. 
to latitude 32 deg.18' N. longitude 80 deg.25' W.; thence to the 
standpipe on Fripp Island in approximate position latitude 32 deg.19' N. 
longitude 80 deg.28.7' W.
    (e) A line drawn from the westernmost extremity of Bull Point on 
Capers Island to latitude 32 deg.04.8' N. longitude 80 deg.34.9' W. 
(Port Royal Sound Lighted Whistle Buoy ``2PR''); thence to the 
easternmost extremity of Hilton Head at latitude 32 deg.13.2' N. 
longitude 80 deg.40.1' W.



Sec. 7.75  Savannah River/Tybee Roads.

    A line drawn from the southwesternmost extremity of Braddock Point 
to latitude 31 deg.58.3' N. longitude 80 deg.44.1' W. (Tybee Lighted 
Whistle Buoy ``T''); thence to the southeasternmost extremity of Little 
Tybee Island bearing approximately 269 deg. true.

[[Page 82]]



Sec. 7.80  Tybee Island, GA to St. Simons Island, GA.

    (a) A line drawn from the southernmost extremity of Savannah Beach 
on Tybee Island 255 deg. 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 deg.52.5' N. longitude 80 deg.58.5' W. to latitude 31 deg.48.3' N. 
longitude 80 deg.56.8' W. (Ossabaw Sound North Channel Buoy ``OS''); 
thence to latitude 31 deg.39.3' N. longitude 81 deg.02.3' W. (St. 
Catherines Sound Buoy ``St. C.''); thence to latitude 31 deg.31.2' N. 
longitude 81 deg.03.8' W. (Sapelo Sound Buoy ``S''); thence to the 
easternmost extremity of Blackbeard Island at Northeast Point.
    (d) A line drawn from the southernmost extremity of Blackbeard 
Island to latitude 31 deg.19.4' N. longitude 81 deg.11.5' W. (Doboy 
Sound Lighted Buoy ``D''); thence to latitude 31 deg.04.1' N. longitude 
81 deg.16.7' W. (St. Simons Lighted Whistle Buoy ``ST S'').



Sec. 7.85  St. Simons Island, GA to Little Talbot Island, FL.

    (a) A line drawn from latitude 31 deg.04.1' N. longitude 
81 deg.16.7' W. (St. Simons Lighted Whistle Buoy ``ST S'') to latitude 
30 deg.42.7' N. longitude 81 deg.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 deg.29.4' N. longitude 81 deg.22.9' W. (Nassau Sound 
Approach Buoy ``6A''); thence to the northeasternmost extremity of 
Little Talbot Island.



Sec. 7.90  St. Johns River, FL.

    A line drawn from the southeasternmost extremity of Little Talbot 
(Spike) Island to latitude 30 deg.23.8' N. longitude 81 deg.20.3' W. 
(St. Johns Lighted Whistle Buoy ``2 STJ''); thence to St. Johns Light.



Sec. 7.95  St. Johns Point, FL to Miami Beach, FL.

    (a) A line drawn from the seaward extremity of St. Augustine Inlet 
north jetty to latitude 29 deg.55' N. longitude 81 deg.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 deg.04.7' N. longitude 80 deg.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 deg.23.7' N. longitude 80 deg.32.2' W. (Canaveral 
Bight Wreck Lighted Buoy ``WR6''); thence to the radio tower on 
Canaveral Peninsula in approximate position latitude 28 deg.22.9' N. 
longitude 80 deg.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 deg.28.5' N. longitude 80 deg.16.2' W. (Fort 
Pierce Inlet Lighted Whistle Buoy ``2''); thence to the tank located in 
approximate position latitude 27 deg.27.2' N. longitude 80 deg.17.2' W.
    (g) A line drawn from the seaward extremity of St. Lucie Inlet north 
jetty to latitude 27 deg.10'N. longitude 80 deg.08.4' W. (St. Lucie 
Inlet Entrance Lighted Whistle Buoy ``2''); thence to Jupiter Island 
bearing approximately 180 deg. 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 deg.46.4' N. longitude 80 deg.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

[[Page 83]]

Light ``1''; thence west to the shoreline.
    (m) A line drawn from the tower located in approximate position 
latitude 26 deg.06.9' N. longitude 80 deg.06.4' W. to latitude 
26 deg.05.5' N. longitude 80 deg.04.8' W. (Port Everglades Lighted 
Whistle Buoy ``1''); thence to the signal tower located in approximate 
position latitude 26 deg.05.5' N. longitude 80 deg.06.5' W.
    (n) A line drawn from the seaward extremity of Bakers Haulover Inlet 
north jetty 090 deg. true to longitude 80 deg.07.2' W.; thence to the 
seaward extremity of Bakers Haulover Inlet south jetty.



Sec. 7.100  Florida Reefs and Keys from Miami, FL to Marquesas Keys, FL.

    (a) A line drawn from the tower located in approximate position 
latitude 25 deg.46.7' N. longitude 80 deg.08' W. to latitude 
25 deg.46.1' N. longitude 80 deg.05.0' W. (Miami Lighted Whistle Buoy 
``M''); thence to Fowey Rocks Light (latitude 25 deg.35.4' N. longitude 
80 deg.05.8' W.); thence to Pacific Reef Light (latitude 25 deg.22.3' N. 
longitude 80 deg.08.5' W.) thence to Carysfort Reef Light (latitude 
25 deg.13.3' N. longitude 80 deg.12.7' W.); thence to Molasses Reef 
Light ``10'' (latitude 25 deg.00.7' N. longitude 80 deg.22.6' W.); 
thence to Alligator Reef Light (latitude 24 deg.51.1 N. longitude 
80 deg.37.1' W.); thence to Tennessee Reef Light (latitude 24 deg.44.7' 
N. longitude 80 deg.46.9' W.); thence to Sombrero Key Light (latitude 
24 deg.37.6' N. longitude 81 deg.06.6' W.); thence to American Shoal 
Light (latitude 24 deg.31.5' N. longitude 81 deg.31.2' W.); thence to 
latitude 24 deg.27.7' N. longitude 81 deg.48.1' W. (Key West Entrance 
Lighted Whistle Buoy); thence to Cosgrove Shoal Light (latitude 
24 deg.27.5' N. longitude 82 deg.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 deg.47.5' N. longitude 82 deg.11.2' W.

                               Gulf Coast



Sec. 7.105  Marquesas Keys, FL to Rio Grande, TX.

    (a) A line drawn from Marquesas Keys, Florida at approximate 
position latitude 24 deg.47.5' N. longitude 82 deg.11.2' W. along the 
12-mile line which marks the seaward limits of the contiguous zone (as 
defined in 33 CFR part 2.05-15) to Rio Grande, Texas at approximate 
position latitude 25 deg.58.6' N. longitude 96 deg.55.5' W.

                                 Hawaii



Sec. 7.110  Mamala Bay, HI.

    A line drawn from Barbers Point Light to Diamond Head Light.

                              Pacific Coast



Sec. 7.115  Santa Catalina Island, CA.

    (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.



Sec. 7.120  Mexican/United States border to Point Fermin, CA.

    (a) A line drawn from the southerly tower of the Coronado Hotel in 
approximate position latitude 32 deg.40.8' N. longitude 117 deg.10.6' W. 
to latitude 32 deg.39.1' N. longitude 117 deg.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.



Sec. 7.125  Point Vincente, CA to Point Conception, CA.

    (a) A line drawn from Redondo Beach East Jetty Light ``2'' to 
Redondo Beach West Jetty Light ``3''.

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    (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 deg.24.1' N. longitude 119 deg.40.7' W. (Santa Barbara Harbor Lighted 
Bell Buoy ``1''); thence to Santa Barbara Harbor Breakwater Light.



Sec. 7.130  Point Conception, CA to Point Sur, CA.

    (a) A line drawn from the southernmost extremity of Fossil Point at 
longitude 120 deg.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 deg.21.5' N. longitude 120 deg.52.3' W. (Morro 
Bay Entrance Lighted Bell Buoy ``1''); thence to Morro Bay West 
Breakwater Light.



Sec. 7.135  Point Sur, CA to Cape Blanco, OR.

    (a) A line drawn from Monterey Harbor Light ``6'' to latitude 
36 deg.36.5' N. longitude 121 deg.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 deg.15.1' N. longitude 123 deg.00.1' W. (Tomales Point 
Lighted Horn Buoy ``2''); thence to latitude 38 deg.17.2' N. longitude 
123 deg.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 deg.11' 
W.



Sec. 7.140  Cape Blanco, OR to Cape Flattery, WA.

    (a) A line drawn from the seaward extremity of the Coos Bay South 
Jetty to latitude 43 deg.21.9' N. longitude 124 deg.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 deg.13.6' N. longitude 124 deg.00.7' W. to latitude 
46 deg.12.8' N. longitude 124 deg.08.0' W. (Columbia River Entrance 
Lighted Whistle Buoy ``2''); thence to latitude 46 deg.14.5' N. 
longitude 124 deg.09.5' W. (Columbia River Entrance Lighted Bell Buoy 
``1''); thence to North Head Light.
    (c) A line drawn from latitude 46 deg.52.8' N. longitude 
124 deg.12.6' W. (Grays Harbor Light to Grays Harbor Entrance Lighted 
Whistle Buoy ``2''); thence to latitude 46 deg.55.0' N. longitude 
124 deg.14.7' W. (Grays Harbor Entrance Lighted Whistle Buoy ``3''); 
thence to Grays Harbor Bar Range Rear Light.



Sec. 7.145  Strait of Juan de Fuca, Haro Strait and Strait of Georgia WA.

    (a) A line drawn from the northernmost point of Angeles Point to 
latitude 48 deg.21.1' N. longitude 123 deg.02.5' W. (Hein Bank Lighted 
Bell Buoy); thence to latitude 48 deg.25.5' N. longitude 122 deg.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

[[Page 85]]

Stuart Island; thence to Skipjack Island Light; thence to latitude 
48 deg.46.6' N. longitude 122 deg.53.4' W. (Clements Reef Bouy ``2''); 
thence to International Boundary Range B Front Light.

                                 Alaska



Sec. 7.150  Canadian (BC) and United States (AK) Borders to Cape Spencer, AK.

    (a) A line drawn from the northeasternmost extremity of Point 
Mansfield, Sitklan Island 040 deg. 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.



Sec. 7.155  Cape Spencer, AK to Cape St. Elias, AK.

    (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 deg.31.9' N. 
longitude 139 deg.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.



Sec. 7.160  Point Whitshed, AK to Aialik Cape, AK.

    (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.



Sec. 7.165  Kenai Peninsula, AK to Kodiak Island, AK.

    (a) A line drawn from the southernmost extremity of Kenai Peninsula 
at longitude 151 deg.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 deg.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.



Sec. 7.170  Alaska Peninsula, AK to Aleutian Islands, AK.

    (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.



Sec. 7.175  Alaska Peninsula, AK to Nunivak, AK.

    (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

[[Page 86]]

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 deg.45' N. longitude 161 deg.55' W. at the mouth of 
the Kanektok River to the southernmost extremity of Cape Avinof.



Sec. 7.180  Kotzebue Sound, AK.

    A line drawn from Cape Espenberg Light to latitude 66 deg.52' N. 
longitude 163 deg.28' W.; and thence to Cape Krusenstern Light.



PART 9--EXTRA COMPENSATION FOR OVERTIME SERVICES--Table of Contents




Sec.
9.1  Extra compensation; Coast Guard civilian personnel.
9.2  Payment although no actual service performed.
9.3  Overtime earnings not basis for overtime under Federal Employees 
          Pay Act of 1945.
9.4  Waiting time; actual report for duties.
9.5  Night, Sunday, and holiday defined.
9.6  Rate for night service.
9.7  Rate for Sunday or holiday services.
9.8  Broken periods.
9.9  Two hours between broken periods.
9.10  Waiting time.
9.11  Proration of charges.
9.12  Travel status overtime.
9.13  Congressional appropriations necessary.
9.14  Assessment and collection of fees.
9.15  Application form.
9.16  Billing for services.
9.17  Protests.

    Authority: 46 U.S.C. 2103; 49 CFR 1.46.

    Source: CGD 74-119, 39 FR 33336, Sept. 17, 1974, unless otherwise 
noted.



Sec. 9.1  Extra compensation; Coast Guard civilian personnel.

    Civilians assigned to the duties formerly assigned to local 
inspectors and their assistants, United States shipping commissioners 
and their deputies and assistants prior to Reorganization Plan No. 3 of 
1946 (3 CFR, 1946 Supp.), and customs officers and employees, while 
performing duties in connection with the inspection of vessels or their 
equipment, supplying or signing on or discharging crews of vessels, at 
night or on Sundays and holidays, shall receive extra compensation to be 
paid by the master, owner, or agent of the vessel to the local United 
States collector of customs or his representative. (See Sec. 9.16.)



Sec. 9.2  Payment although no actual service performed.

    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.



Sec. 9.3  Overtime earnings not basis for overtime under Federal Employees Pay Act of 1945.

    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.



Sec. 9.4  Waiting time; actual report for duties.

    Extra compensation for waiting time will not be allowed unless and 
until an officer or employee actually reports for duty.



Sec. 9.5  Night, Sunday, and holiday defined.

    (a) For the purpose of this part the word night shall mean the time 
between 5 p.m. of any day and 8 a.m. of the following day.
    (b) The term holiday shall mean only national legal public holidays, 
viz., January 1, February 22, May 30, July 4, the 1st Monday in 
September, November 11, the 4th Thursday in November, December 25, and 
such other days as may be declared legal public holidays by an act of 
Congress or by an Executive order of the President of the United States.
    (c) The term Sunday shall include the first day of each calendar 
week.



Sec. 9.6  Rate for night service.

    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

[[Page 87]]

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: Provided, That the 
officer rendering the service remained on duty from 5 p.m., in which 
case the time between 5 p.m., and the time of beginning the actual 
service shall be computed as waiting time; and where the actual services 
begin as late as 9 p.m., there should be an affirmative statement that 
the officer was required to remain on duty between 5 p.m. and 9 p.m., if 
a charge for waiting time is made. The maximum amount of extra 
compensation which may be paid an employee for services during one night 
shall not exceed two and one-half times the gross daily rate of his 
regular pay.



Sec. 9.7  Rate for Sunday or holiday services.

    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 length of time served within the 
aggregate of the aforesaid 9 hours, whether it is served continuously or 
in broken periods, and whether it is served for one or more applicants. 
Services in excess of an aggregate of the aforesaid 9 hours performed 
during the 24 hours of a Sunday or holiday shall be compensated on the 
same basis as overtime services performed at night on a weekday, the 
time between the completion of the aggregate of the aforesaid 9 hours 
and midnight being considered as the hours of a night. The maximum 
amount which may be paid an employee for services performed during the 
24 hours of a Sunday or holiday shall not exceed four and one-half times 
the gross daily rate of his regular pay.



Sec. 9.8  Broken periods.

    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.



Sec. 9.9  Two hours between broken periods.

    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.



Sec. 9.10  Waiting time.

    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.



Sec. 9.11  Proration of charges.

    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.



Sec. 9.12  Travel status overtime.

    When employees are in travel status, overtime shall apply the same 
as at official station.



Sec. 9.13  Congressional appropriations necessary.

    Payment of extra compensation for overtime services shall be subject 
to appropriations being made therefor by Congress.

[[Page 88]]



Sec. 9.14  Assessment and collection of fees.

    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.



Sec. 9.15  Application form.

    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.



Sec. 9.16  Billing for services.

    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 Collector of 
Customs, Treasury Department and forwarded to that officer at the port 
indicated on the voucher, who shall in turn deposit such remittance to a 
properly designated receipt account.



Sec. 9.17  Protests.

    Protests against the exaction of extra compensation shall be 
forwarded to the Commandant of the Coast Guard.

[[Page 89]]



            SUBCHAPTER B--MERCHANT MARINE OFFICERS AND SEAMEN





PART 10--LICENSING OF MARITIME PERSONNEL--Table of Contents




                           Subpart A--General

Sec.
10.101  Purpose of regulations.
10.103  Definitions of terms used in this part.
10.105  Regional examination centers.
10.107  Paperwork approval.
10.109  Fees.
10.110  Fee payment procedures.
10.111  Penalties.
10.112  No-fee license for certain applicants.

  Subpart B--General Requirements for all Licenses and Certificates of 
                                Registry

10.201  Eligibility for licenses, and certificates of registry, general.
10.202  Issuance of licenses and certificates of registry.
10.203  Quick reference table for license and certificate of registry 
          requirements.
10.204  Right of appeal.
10.205  Requirements for original licenses and certificates of registry.
10.207  Requirements for raise of grade of license.
10.209  Requirements for renewal of licenses and certificates of 
          registry.
10.211  Creditable service and equivalents for licensing purposes.
10.213  Sea service as a member of the Armed Forces of the United States 
          and on vessels owned by the United States as qualifying 
          experience.
10.215  Modification or removal of limitations.
10.217  Examination procedures and denial of licenses.
10.219  Issuance of duplicate license or certificate of registry.
10.221  Parting with license.
10.223  Suspension and revocation of licenses.

            Subpart C--Training Schools With Approved Courses

10.301  Applicability.
10.302  Course approval.
10.303  General standards.
10.304  Substitution of training for required service.
10.305  Radar-observer certificates and qualifying courses.
10.306  Radar-operation certificate and course.
10.307  Training schools with approved radar observer courses.

    Subpart D--Professional Requirements for Deck Officers' Licenses

10.401  Ocean and near coastal licenses.
10.402  Tonnage requirements for ocean or near coastal licenses for 
          vessels of over 1600 gross tons.
10.403  Deck license structure.
10.404  Service requirements for master of ocean or near coastal steam 
          or motor vessels of any gross tons.
10.405  Service requirements for chief mate of ocean or near coastal 
          steam or motor vessels of any gross tons.
10.406  Service requirements for second mate of ocean or near coastal 
          steam or motor vessels of any gross tons.
10.407  Service requirements for third mate of ocean or near coastal 
          steam or motor vessels of any gross tons.
10.410  Requirements for deck licenses for vessels of not more than 1600 
          gross tons.
10.412  Service requirements for master of ocean or near coastal steam 
          or motor vessels of not more than 1600 gross tons.
10.414  Service requirements for mate of ocean steam or motor vessels of 
          not more than 1600 gross tons.
10.416  Service requirements for mate of near coastal steam or motor 
          vessels of not more than 1600 gross tons.
10.418  Service requirements for master of ocean or near coastal steam 
          or motor vessels of not more than 500 gross tons.
10.420  Service requirements for mate of ocean steam or motor vessels of 
          not more than 500 gross tons.
10.421  Service requirements for mate of near coastal steam or motor 
          vessels of not more than 500 gross tons.
10.422  Tonnage limitations and qualifying requirements for licenses as 
          master or mate of vessels of not more than 200 gross tons.
10.424  Service requirements for master of ocean steam or motor vessels 
          of not more than 200 gross tons.
10.426  Service requirements for master of near coastal steam or motor 
          vessels of not more than 200 gross tons.
10.427  Service requirements for mate of near coastal steam or motor 
          vessels of not more than 200 gross tons.
10.428  Service requirements for master of near coastal steam or motor 
          vessels of not more than 100 gross tons.
10.429  Service requirements for limited master of near coastal steam or 
          motor vessels of not more than 100 gross tons.
10.430  Licenses for the Great Lakes and inland waters.

[[Page 90]]

10.431  Tonnage requirements for Great Lakes and inland licenses for 
          vessels of over 1600 gross tons.
10.433  Service requirements for master of Great Lakes and inland steam 
          or motor vessels of any gross tons.
10.435  Service requirements for master of inland steam or motor vessels 
          of any gross tons.
10.437  Service requirements for mate of Great Lakes and inland steam or 
          motor vessels of any gross tons.
10.442  Service requirements for master of Great Lakes and inland steam 
          or motor vessels of not more than 1600 gross tons.
10.444  Service requirements for mate of Great Lakes and inland steam or 
          motor vessels of not more than 1600 gross tons.
10.446  Service requirements for master of Great Lakes and inland steam 
          or motor vessels of not more than 500 gross tons.
10.448  Service requirements for mate of Great Lakes and inland steam or 
          motor vessels of not more than 500 gross tons.
10.450  Tonnage limitations and qualifying requirements for licenses as 
          master or mate of Great Lakes and inland vessels of not more 
          than 200 gross tons.
10.452  Service requirements for master of Great Lakes and inland steam 
          or motor vessels of not more than 200 gross tons.
10.454  Service requirements for mate of Great Lakes and inland steam or 
          motor vessels of not more than 200 gross tons.
10.455  Service requirements for master of Great Lakes and inland steam 
          or motor vessels of not more than 100 gross tons.
10.456  Service requirements for limited master of Great Lakes and 
          inland steam or motor vessels of not more than 100 gross tons.
10.457  Service requirements for master of inland steam or motor vessels 
          of not more than 100 gross tons.
10.459  Service requirements for master or mate of rivers.
10.462  Licenses for master or mate of uninspected fishing industry 
          vessels.
10.464  Licenses for operator of uninspected towing vessels.
10.466  Licenses for operator of uninspected passenger vessels.
10.468  Licenses for mobile offshore drilling units.
10.470  Licenses for offshore installation manager.
10.472  License for barge supervisor.
10.474  License for ballast control operator.
10.476  Acknowledgments of service and temporary licenses for mobile 
          offshore drilling units.
10.480  Radar observer.
10.482  Assistance towing.

  Subpart E--Professional Requirements for Engineer Officers' Licenses

10.501  Grade and type of engineer licenses issued.
10.502  Additional requirements for engineer licenses.
10.503  Horsepower limitations.
10.504  Application of deck service for limited engineer licenses.
10.505  Engineer license structure.
10.510  Service requirements for chief engineer of steam and/or motor 
          vessels.
10.512  Service requirements for first assistant engineer of steam and/
          or motor vessels.
10.514  Service requirements for second assistant engineer of steam and/
          or motor vessels.
10.516  Service requirements for third assistant engineer of steam and/
          or motor vessels.
10.518  Service requirements for chief engineer (limited-oceans) of 
          steam and/or motor vessels.
10.520  Service requirements for chief engineer (limited-near coastal) 
          of steam and/or motor vessels.
10.522  Service requirements for assistant engineer (limited-oceans) of 
          steam and/or motor vessels.
10.524  Service requirements for designated duty engineer of steam and/
          or motor vessels.
10.530  Licenses for engineers of uninspected fishing industry vessels.
10.540  Licenses for engineers of mobile offshore drilling units.
10.542  License for chief engineer (MODU).
10.544  License for assistant engineer (MODU).

                 Subpart F--Licensing of Radio Officers

10.601  Applicability.
10.603  Requirements for radio officer licenses.

         Subpart G--Professional Requirements for Pilot Licenses

10.701  Scope of pilot licenses and endorsements.
10.703  Service requirements.
10.705  Route familiarization requirements.
10.707  Examination requirements.
10.709  Annual physical examination requirements.
10.711  Tonnage requirements.
10.713  Requirements for maintaining current knowledge of waters to be 
          navigated.

                Subpart H--Registration of Staff Officers

10.801  Applicability.
10.803  Grades of certificates issued.

[[Page 91]]

10.805  General requirements.
10.807  Experience requirements for registry.
10.809  Experience requirements for ratings endorsed on certificate of 
          registry.
10.811  Expiration of existing certificates of registry.

                 Subpart I--License Examination Subjects

10.901  General provisions.
10.903  Licenses requiring examinations.
10.910  Subjects for deck licenses.
10.920  Subjects for MODU licenses.
10.950  Subjects for engineer licenses.

    Authority: 31 U.S.C. 9701, 46 U.S.C. 2103, 2110; 46 U.S.C. Chapter 
71; 49 CFR 1.45, 1.46; Sec. 10.107 also issued under the authority of 44 
U.S.C. 3507.

    Source: CGD 81-059, 52 FR 38623, Oct. 16, 1987 (interim) and CGD 81-
059, 54 FR 132, Jan. 4, 1989 (final), unless otherwise noted.



                           Subpart A--General



Sec. 10.101   Purpose of regulations.

    (a) The purpose of the regulations in this part is to provide a 
comprehensive means of determining the qualifications an applicant must 
possess in order to be eligible for a license as deck, engineer, pilot, 
or radio officer on merchant vessels, or a license to operate 
uninspected towing vessels or uninspected passenger vessels, or for a 
certificate of registry as staff officer.
    (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 all approved training courses if the training 
course is to be acceptable as a partial substitute for service, for an 
examination requirement, or as training required for a particular 
license or license endorsement.



Sec. 10.103  Definitions of terms used in this part.

    Assistant engineer means a qualified officer in the engine 
department.
    Assistance towing means towing a disabled vessel for consideration.
    Ballast control operator (BCO) is a licensed officer restricted to 
service on MODUs. The duties involve the operation of the complex 
ballast system found on many MODUs. A ballast control operator, when 
assigned to a MODU, is the equivalent of a conventionally licensed mate.
    Barge supervisor (BS) is a licensed officer restricted to service on 
MODUs. The duties involve support to the OIM in marine related matters 
including, but not limited to, maintaining watertight integrity, 
inspecting and maintaining mooring and towing components, and the 
maintenance of emergency and other marine related equipment. A barge 
supervisor, when assigned to a MODU is the equivalent of a 
conventionally licensed mate.
    Boatswain means the leading seaman and immediate supervisor of 
unlicensed deck personnel who supervises the maintenance of deck gear.
    Chief engineer means any person responsible for the mechanical 
propulsion of a vessel and who is the holder of a valid license as chief 
engineer.
    Chief mate means the deck officer next in seniority to the master 
and upon whom the command of the vessel will fall in the event of the 
incapacity of the master.
    Conviction means the applicant for a license or certificate of 
registry has been found guilty by judgment or plea by a court of record 
of the United States, the District of Columbia or any State or territory 
of the United States of a criminal felony or misdemeanor or of an 
offense described in section 205 of the National Driver Register Act of 
1982 (49 U.S.C. 30304). Conviction of more than one offense at a single 
trial will be considered to be multiple convictions. If an applicant 
pleads guilty or no contest, is granted deferred adjudication, or is 
required by the court to attend classes, make contributions of time or 
money, receive treatment, submit to any manner of probation or 
supervision, or forego appeal of a trial court's conviction, then the 
applicant

[[Page 92]]

will be considered to have received a conviction. A later expungement of 
the conviction will not negate a conviction unless it is proved to the 
OCMI that the expungement is based upon a showing that the court's 
earlier conviction was in error.
    Day means, for the purpose of complying with the service 
requirements of this part, eight hours of watchstanding or day-working 
not to include overtime. On vessels where a 12 hour working day is 
authorized and practiced, such as on a six-on, six-off watch schedule, 
each work day may be creditable as one and one half days of service. On 
vessels of less than 100 gross tons, a day is considered as eight hours 
unless the Officer in Charge, Marine Inspection determines that the 
vessel's operating schedule makes this criteria inappropriate, in no 
case will this period be less than four hours.
    Designated duty engineer means a qualified engineer, who may be the 
sole engineer on vessels with a periodically unattended engine room.
    Employment assigned to is the total period a person is assigned to 
work on MODUs, including time spent ashore as part of normal crew 
rotation.
    Endorsement means a provision added to a license which alters its 
scope or application. An example of an endorsement is a tonnage 
limitation increase within a general tonnage category, a pilot license 
route addition, or a radar observer qualification.
    Evaluation means processing an application, from the point of 
receipt to approval or rejection of the application, including review of 
all documents and records submitted with an application as well as those 
obtained from public records and databases.
    Fails a chemical test for dangerous drugs means that the result of a 
chemical test conducted in accordance with 49 CFR part 40 is reported as 
``positive'' for the presence of dangerous drugs or drug metabolites in 
an individual's system by a Medical Review Officer in accordance with 
that part.
    First assistant engineer means the engineer officer next in 
seniority to the chief engineer and upon whom the responsibility for the 
mechanical propulsion of the vessel will fall in the event of the 
incapacity of the chief engineer.
    Great Lakes means the Great Lakes and their connecting and tributary 
waters including the Calumet River as far as the Thomas J. O'Brien Lock 
and Controlling Works (between mile 326 and 327), the Chicago River as 
far as the east side of the Ashland Avenue Bridge (between mile 321 and 
322), and the Saint Lawrence River as far east as the lower exit of 
Saint Lambert Lock.
    Horsepower means, for the purpose of this part, the total maximum 
continuous shaft horsepower of all the vessel's main propulsion 
machinery.
    Inland Waters means the navigable waters of the United States 
shoreward of the Boundary Lines as described in 46 CFR part 7, excluding 
the Great Lakes. For the purposes of establishing sea service credit, 
the waters of the Inside Passage between Puget Sound and Cape Spencer, 
Alaska, are considered as inland.
    Lower level means a category of deck and engineer licenses 
established for assessment of fees. Lower level licenses are all 
licenses, other than those defined as upper level, for which the 
requirements are listed in subparts D, E, and G of this part.
    Master means the officer having command of a vessel.
    Mate means a qualified officer in the deck department other than the 
master.
    Mobile offshore drilling unit (MODU) means a vessel capable of 
engaging in drilling operations for the exploration for or exploitation 
of subsea resources. MODU designs include:
    (a) Bottom bearing units which include:
    (1) Self-elevating (or jack-up) units with moveable, bottom bearing 
legs capable of raising the hull above the surface of the sea; and,
    (2) Submersible units of ship shape, barge type or novel hull 
design, other than a self-elevating unit, intended for operating while 
bottom bearing.
    (b) Surface units with a ship shape or barge type displacement hull 
of single or multiple hull construction intended for operating in a 
floating condition, including semi-submersibles and drillships.
    Month means 30 days, for the purpose of complying with the service 
requirements of this part.

[[Page 93]]

    National Driver Register (NDR) means the nationwide repository of 
information on drivers maintained by the National Highway Traffic Safety 
Administration as provided under 49 U.S.C. Chapter 303.
    NDR listed convictions means a conviction of any of the following 
motor vehicle-related offenses or comparable offenses:
    (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.
    Near coastal means ocean waters not more than 200 miles offshore.
    Oceans means the waters seaward of the Boundary Lines as described 
in 46 CFR part 7. For the purposes of establishing sea service credit, 
the waters of the Inside Passage between Puget Sound and Cape Spencer, 
Alaska, are not considered oceans.
    Officer in Charge, Marine Inspection (OCMI) for the purposes of part 
10 means the officer or individual so designated at one of the locations 
of the regional examination centers listed in Sec. 10.105.
    Offshore installation manager (OIM) is a licensed officer restricted 
to service on MODUs. An assigned offshore installation manager is 
equivalent to a conventionally licensed master and is the person 
designated by the owner or operator to be in complete and ultimate 
command of the unit.
    On location means that a mobile offshore drilling unit is bottom 
bearing or moored with anchors placed in the drilling configuration.
    Operator means an individual licensed to operate certain uninspected 
vessels.
    Orally assisted examination means a license examination as described 
in subpart I of this part verbally administered and documented by an 
examiner.
    Original license means the first deck, engineer or radio officer 
license issued to any person by the Coast Guard.
    Passes a chemical test for dangerous drugs means the result of a 
chemical test conducted in accordance with 49 CFR part 40 is reported as 
``negative'' by a Medical Review Officer in accordance with that part.
    Raise of grade means an increase in the level of authority and 
responsibility associated with a license.
    Rivers means any river, canal, or other similar body of water 
designated by the Officer in Charge, Marine Inspection.
    Senior company official means the president, vice president, vice 
president for personnel, personnel director, or similarly titled or 
responsible individual, or a lower level employee designated in writing 
by one of the aforementioned for the purpose of certifying employment 
and whose signature is on file at the REC at which application is made.
    Service as when computing the required service for MODU licenses, is 
the time period, in days, a person is assigned to work on MODUs, 
excluding time spent ashore as part of crew rotation. A day, for the 
purposes of this definition, is a minimum of four hours, and no 
additional credit is received for periods served over eight hours.
    Underway means that a mobile offshore drilling unit is not in an on 
location or laid up status. Underway includes that period of time when 
the MODU is deploying or recovering its mooring system.
    Undocumented vessel means a vessel not required to have a document 
issued under the laws of the United States.
    Upper level means a category of deck and engineer licenses 
established for assessment of fees. Upper level licenses are those 
licenses for which the requirements are listed in Secs. 10.404 to 10.407 
of subpart D of this part and Secs. 10.510, 10.512, 10.514, and 10.516 
of subpart E of this part.
    Western Rivers means the Mississippi River, its tributaries, South 
Pass, and Southwest Pass, to the navigational demarcation lines dividing 
the high seas from harbors, rivers, and other inland waters of the 
United States, and the Port Allen-Morgan City Alternate Route, and that 
part of the Atchafalaya River above its junction with the Port Allen-
Morgan City Alternate Route including the Old River and the Red River, 
and those waters specified in 33 CFR 89.25.

[[Page 94]]

    Year means 360 days, for the purpose of complying with the service 
requirements of this part.

[CGD 81-059 and CGD 81-059a, 52 FR 38623 and 38666, Oct. 16, 1987, as 
amended by CGD 87-017, 53 FR 18562, May 24, 1988; CGD 81-059, 54 FR 132, 
Jan. 4, 1989; CGD 81-059a, 55 FR 14798, Apr. 18, 1990; CGD 91-002, 58 FR 
15237, Mar. 19, 1993; CGD 91-223, 60 FR 4524, Jan. 23, 1995; CGD 91-212, 
60 FR 65483, Dec. 19, 1995]



Sec. 10.105  Regional examination centers.

    Licensing and certification functions are performed only by the 
Officer in Charge, Marine Inspection, at the following locations:

Boston, MA
New York, NY
Baltimore, MD
Charleston, SC
Miami, FL
New Orleans, LA
Houston, TX
Memphis, TN
St. Louis, MO
Toledo, OH
Long Beach, CA
San Francisco, CA
Portland, OR
Seattle, WA
Anchorage, AK
Juneau, AK
Honolulu, HI



Sec. 10.107  Paperwork approval.

    (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.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
133, Jan. 4, 1989; CGD 81-059a, 55 FR 14799, Apr. 18, 1990]



Sec. 10.109  Fees.

    The following fees are required for license and registration 
activities in this part:
    (a) For licenses.
    (1) Upper level:
    (i) For evaluation for an original license, $87.
    (ii) For evaluation for a license other than an original, including 
a raise in grade in a license, $70.
    (iii) For administration of an examination, including allowable 
retests, $150.
    (iv) For administration of a limited examination required under 
subpart D of this part, including allowable retests, $55.
    (v) For issuance of a license, $35.
    (2) Lower level:
    (i) For evaluation for an original license, $82.
    (ii) For evaluation for a license other than an original, including 
a raise in grade of a license, $65.
    (iii) For administration of an examination, including allowable 
retests, $80.
    (iv) For administration of a limited examination required under 
subpart D of this part, including allowable retests, $55.
    (v) For issuance of a license, $35.
    (3) Radio Officer:
    (i) For evaluation for an original license, $62.
    (ii) For evaluation for a license other than an original license, 
$45.
    (iii) For issuance of a license, $35.
    (b) For endorsements, except the radar observer endorsement, 
subsequent to the issuance of the license.
    (1) For evaluation for single or multiple endorsements, $45.
    (2) For administration of examinations, including allowable retests, 
$55.
    (3) For issuance of single or multiple endorsements to an existing 
license, $35.
    (c) For renewal of a license.
    (1) For evaluation for renewal of a license, $45.
    (2) For administration of an open-book exercise if required under 
Sec. 10.209 of this part, $55.
    (3) For issuance of a renewed license, $35.
    (4) For issuance of a renewed license, without evaluation or 
examination, for continuity purposes only, $35.
    (d) For Certificates of Registry.
    (1) For Chief Purser, Purser, and Senior Assistant Purser:
    (i) For evaluation of an unlicensed applicant for a certificate of 
registry, $62.
    (ii) For evaluation of an applicant who holds a license or 
certificate of registry issued under this part, $45.
    (iii) For issuance of a certificate of registry, $35.
    (2) For Junior Assistant Purser, Medical Doctor, and Professional 
Nurse:

[[Page 95]]

    (i) For evaluation of an unlicensed applicant for a certificate of 
registry, $17.
    (ii) For evaluation of an applicant who holds a license or 
certificate of registry issued under this part, no fee.
    (iii) For issuance of a certificate of registry, $35.
    (3) For renewal of a Certificate of Registry:
    (i) For evaluation for renewal of a certificate of registry, no fee.
    (ii) For issuance of a renewed certificate of registry, $35.
    (e) For reissue of a license or certificate or registry issued in 
this part where a fee is required in Sec. 10.219, $35.
    (f) For endorsements to existing license, a raise in grade of a 
license, an additional license, or certificate of registry where further 
evaluations are not required, no evaluation fee.
    (g) For endorsements to an existing license, a raise in grade of a 
license, or an additional license where further examinations are not 
required, no examination fee.

[CGD 91-002, 58 FR 15237, Mar. 19, 1993; 58 FR 15901, Mar. 24, 1993, as 
amended by CGD 91-211, 59 FR 49297, Sept. 27, 1994]



Sec. 10.110  Fee payment procedures.

    (a) Unless otherwise directed, the prescribed fee must be paid as 
follows:
    (1) If an evaluation fee, at the time of application.
    (2) If an examination fee, prior to taking the first examination 
section.
    (3) If an issuance fee, prior to receiving the license or 
certificate of registry.
    (b) For examinations administered at locations other than a Regional 
Examination Center, the examination fee must be received by the Regional 
Examination Center at least one week in advance of the scheduled 
examination date, unless otherwise directed.
    (c) Prescribed fees must be paid by one of the following options:
    (1) Mail-in. Payment by check or money order only, made payable to 
one of the following:
    (i) U.S. Coast Guard;
    (ii) U.S. Government;
    (iii) U.S. Treasury;
    (iv) U.S. Department of Transportation.
    Fee payment by check or money order must have the applicant's 
(payor's) social security number included thereon.
    (2) In-person. Fee payment will be accepted by cash, check, or money 
order at Coast Guard units where Regional Examination Centers are 
located. Where an applicant makes payment by cash, payment must be in 
the exact amount. A check or money order must be payable as specified in 
paragraph (c)(1) of this section.

[CGD 91-002, 58 FR 15237, Mar. 19, 1993]



Sec. 10.111  Penalties.

    (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.

[CGD 91-002, 58 FR 15237, Mar. 19, 1993]



Sec. 10.112  No-fee license for certain applicants.

    (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 Commandant (G-
MRP), 2100 Second Street SW., Washington, DC 20593-0001 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.

    Note: 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

[[Page 96]]

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.

[CGD 91-002, 58 FR 15238, Mar. 19, 1993, as amended by CGD 95-072, 60 FR 
50460, Sept. 29, 1995; CGD 96-041, 61 FR 50726, Sept. 27, 1996]



  Subpart B--General Requirements for All Licenses and Certificates of 
                                Registry



Sec. 10.201  Eligibility for licenses and certificates of registry, general.

    (a) In order to receive a license or certificate of registry, each 
applicant shall establish to the satisfaction of the Officer in Charge, 
Marine Inspection (OCMI), that he or she meets all the qualifications 
(respecting age, experience, training, citizenship, character 
references, recommendations, physical health, chemical testing for 
dangerous drugs, and professional competence) required by this part 
before the OCMI issues 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 Sec. 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 Sec. 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, second-class operator of uninspected towing 
vessel, 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 1000 horsepower, may be granted to an 
applicant who has reached the age of 18 years.

[[Page 97]]

    (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) Criminal Record Review. The OCMI may review the criminal record 
of an applicant for the issuance of a license or certificate of registry 
issued as an original or reissued with a new expiration date. An 
applicant conducting simultaneous merchant mariner's credential 
transactions shall undergo only one criminal record check. Applicants 
must provide written disclosure of all prior convictions at the time of 
application.
    (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 Sec. 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 with court orders (e.g., child support

[[Page 98]]

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 OCMI considers the applicant 
unsuitable for service in the merchant marine at the time of 
application, the OCMI will disapprove the application.
    (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 
Sec. 1.03 of this chapter apply.

    Table 10.201(h)--Guidelines for Evaluating Applicants for Licenses and Certificates of Registry Who Have    
                                              Criminal Convictions                                              
----------------------------------------------------------------------------------------------------------------
                                                                      Assessment periods                        
                  Crime\1\                  --------------------------------------------------------------------
                                                          Minimum                            Maximum            
----------------------------------------------------------------------------------------------------------------
                                             Crimes Against Persons                                             
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Homicide (intentional).....................  7 years..........................  20 years.                       
Homicide (unintentional)...................  5 years..........................  10 years.                       
Assault (aggravated).......................  5 years..........................  10 years.                       
Assault (simple)...........................  1 year...........................  5 years.                        
Sexual Assault (rape, child molestation)...  5 years..........................  10 years.                       
Robbery....................................  5 years..........................  10 years.                       
Other crimes against persons \2\...........                                                                     
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                             Crimes Against Property                                            
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Burglary...................................  3 years..........................  10 years.                       
Larceny (embezzlement).....................  3 years..........................  5 years.                        
Other crimes against property \2\..........                                                                     
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                Vehicular Crimes                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Conviction involving fatality..............  1 year...........................  5 years.                        
Reckless Driving...........................  1 year...........................  2 years.                        
Racing on the Highways.....................  1 year...........................  2 years.                        
Other vehicular crimes \2\.................                                                                     
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                          Crimes Against Public Safety                                          
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Destruction of Property....................  5 years..........................  10 years.                       
Other crimes against public safety \2\.....                                                                     
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                       Crimes Involving National Security                                       
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Terrorism, Acts of Sabotage, Espionage and   7 years..........................  20 years.                       
 related offenses.                                                                                              
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                    Criminal Violations of Environmental Laws                                   
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Criminal violations of environmental laws    1 year...........................  10 years.                       
 involving improper handling of pollutants                                                                      
 or hazardous materials.                                                                                        
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                         Dangerous Drug Offenses 3, 4, 5                                        
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Trafficking (sale, distribution, transfer).  5 years..........................  10 years.                       
Dangerous drugs (Use or possession)........  1 year...........................  10 years.                       

[[Page 99]]

                                                                                                                
Other dangerous drug convictions \6\.......                                                                     
----------------------------------------------------------------------------------------------------------------
\1\ Conviction of attempt, solicitation, aiding and abetting, accessory after the fact, and conspiracy to commit
  the criminal conduct listed in this table carry the same minimum and maximum assessment periods provided in   
  the table.                                                                                                    
\2\ Other crimes are to be reviewed by the OCMI to determine the minimum and maximum assessment periods         
  depending on the nature of the crime.                                                                         
\3\ Applicable only to original applications for licenses or CORs. Any applicant who has ever been the user of, 
  or addicted to the use of, a dangerous drug shall meet the requirements of paragraph (b) of this section.     
  Note: Applicants for reissue of a license or COR with a new expiration date including a renewal or a raise of 
  grade, who have been convicted of a dangerous drug offense while holding a license or COR, may have their     
  applications withheld until appropriate action has been completed by the OCMI under the regulations which     
  appear in 46 CFR part 5 governing administrative actions against merchant mariner credentials.                
\4\ The OCMI may consider dangerous drug convictions more than 10 years old only if there has been a dangerous  
  drug conviction within the past 10 years.                                                                     
\5\ Applicants must demonstrate rehabilitation under paragraph (j) of this section, including applicants with   
  dangerous drug use convictions more than ten years old.                                                       
\6\ Other dangerous drug convictions are to be reviewed by the Officer in Charge, Marine Inspection on a case by
  case basis to determine the appropriate assessment periods depending on the nature of the offense.            

    (i) National Driver Register. A license or certificate of registry 
will not be issued as an original or reissued with a new expiration date 
unless the applicant consents to a check of the NDR for offenses 
described in section 205(a)(3) (A) or (B) of the NDR Act (i.e., 
operation of a motor vehicle while under the influence of, or impaired 
by, alcohol or a controlled substance; and any traffic violations 
arising in connection with a fatal traffic accident, reckless driving, 
or racing on the highways). The OCMI will not consider NDR listed civil 
convictions that are more than 3 years old from the date of request 
unless that information relates to the current suspension or revocation 
of the applicant's license to operate a motor vehicle. The OCMI may 
determine minimum and maximum assessment periods for NDR listed criminal 
convictions using Table 10.201(h). An applicant conducting simultaneous 
merchant mariner's credential transactions is subject to only one NDR 
check.
    (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 Sec. 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 personal use in 
accordance with the Federal Privacy Act of 1974 (Pub. L. 93-579) by 
contacting the NDR at the following address: National Driver Register, 
Nassif Building, 400 7th Street, SW., Washington, DC 20590.
    (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;

[[Page 100]]

    (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.

  Table 10.201(i)--Guidelines for Evaluating Applicants for Licenses and Certificates of Registry Who Have NDR  
                       Motor Vehicle Convictions Involving Dangerous Drugs or Alcohol \1\                       
----------------------------------------------------------------------------------------------------------------
        No. of convictions                      Date of conviction                      Assessment period       
----------------------------------------------------------------------------------------------------------------
1................................  Less than 1 year...........................  1 year from date of conviction. 
1................................  More than 1, less than 3 years.............  Application will be processed,  
                                                                                 unless suspension or revocation
                                                                                 \2\ is still in effect.        
                                                                                 Applicant will be advised that 
                                                                                 additional conviction(s) may   
                                                                                 jeopardize merchant mariner    
                                                                                 credentials.                   
1................................  More than 3 years old......................  Not necessary unless suspension 
                                                                                 or revocation is still in      
                                                                                 effect.                        
2 or more........................  Any less than 3 years old..................  1 year since last conviction and
                                                                                 at least 3 years from 2nd most 
                                                                                 recent conviction, unless      
                                                                                 suspension or revocation is    
                                                                                 still in effect.               
2 or more........................  All more than 3 years old..................  Application will be processed   
                                                                                 unless suspension or revocation
                                                                                 is still in effect.            
----------------------------------------------------------------------------------------------------------------
\1\ Any applicant who has ever been the user of, or addicted to the use of, a dangerous drug shall meet the     
  requirements of paragraph (b) of this section.                                                                
\2\ Suspension or revocation, when referred to in Table 10.201(i), means a State suspension or revocation of a  
  motor vehicle operator's license.                                                                             

    (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.

[CGD 81-059 and CGD 81-059a, 52 FR 38623 and 38666, Oct. 16, 1987, as 
amended by CGD 81-059, 54 FR 133, Jan. 4, 1989; CGD 81-059a, 55 FR 
14799, Apr. 18, 1990; CGD 91-223, 60 FR 4524, Jan. 23, 1995; CGD 91-212, 
60 FR 65484, Dec. 19, 1995]



Sec. 10.202  Issuance of licenses and certificates of registry.

    (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).

[[Page 101]]

    (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. Prior to December 1, 
1988, this section is not applicable when all the qualifying service was 
military sea service.
    (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 Sec. 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.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 53 FR 
133, Jan. 4, 1989; CGD 91-211, 59 FR 49297, Sept. 27, 1994; CGD 91-223, 
60 FR 4524, Jan. 23, 1995]



Sec. 10.203  Quick reference table for license and certificate of registry requirements.

    Table 10.203 provides a guide to the requirements for various 
licenses and certificates of registry. Provisions in the reference 
section are controlling.

[[Page 102]]



                                                                                          Table 10.203                                                                                          
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                         Recommendations                      Professional                                      
       License category            Minimum age       Citizenship        Physical         Experience       and character     Firefighting          exam           Recency of       First aid and 
                                                     requirement        required        requirements          check          certificate      requirements         Service      CPR requirements
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Masters/mates and operators of  21; 10.201(f);    Yes, 10.201(e);   Yes, 10.205(d);   Yes, 10.205(e);   Yes, 10.205(f)..  Yes, 10.205(g);   Yes, 10.205(i),   Yes, 3 months     Yes, in         
 uninspected passenger vessels   Note:             Note: exception.  Note: (d)(2).     subpart D.                          Note:             10.910; Note:     past 36 months,   10.205(h).     
 (original license).             exceptions.                                                                               exceptions.       10.903(b).        10.202(e).                       
Engineers (original license)..  21;10.201(f);     Yes.............  Yes, 10.205(d);   10.205(e);        Yes, 10.205(f);.  Yes, 10.205(g)..  Yes, 10.205(i)    Yes, 3 months in  Yes, 10.205(h). 
                                 Note:                               Note: (d)(3).     subpart E.                                            10.950.           past 36 months,                  
                                 exceptions.                                                                                                                   10.202(e).                       
All raises of grade...........  21; 10.201(f);    Yes.............  10.207(e); Note:  10.207(c);        N/A.............  Yes, Note:        10.207(d).        Yes, 3 months in  N/A.            
                                 Note:                               (e)(1).           subparts D & E.                     10.207(f).        10.910. 10.920.   past 36 months                   
                                 exceptions.                                                                                                 10.950.           10.202(e).                       
License renewals..............  N/A.............  Yes.............  10.209(d).......  10.209(c).......  N/A.............  N/A.............  10.209(c).......  10.209(c).......  N/A.            
COR renewals..................  N/A.............  Yes.............  No..............  10.209(c)(5)....  N/A.............  N/A.............  N/A.............  N/A.............  N/A.            
Pilot.........................  21..............  Yes.............  Yes, 10.709.....  10.703,           Yes, 10.205(f)..  N/A.............  10.707, 10.910..  Yes, 10.703,      Yes, 10.205(h). 
                                                                                       10.706(a),                                                              10.705(e),                       
                                                                                       10.715.                                                                 10.713.                          
Uninspected fishing industry    21; 10.201(f);    Yes.............  Yes, 10.205(d);   Deck: 10.462,     Yes, 10.205(f)..  Yes, 10.205(g)..  Yes, 10.205(i).   Yes, 3 months in  Yes, 10.205(h). 
 vessels.                        Note:                               Note: (d)(2) or   Eng: 10530,                                           10.910.           past 36 months                   
                                 exceptions.                         (d)(3).           10.205(f).                                            10.950(oral).     10.202(e).                       
Uninspected towing vessels....  Operator:21; 2/c  Yes.............  Yes, 10.205(d);   10.464..........  Yes, 10.205(f)..  Yes, 10.205(g)    Yes, 10.205(i).   Yes, 3 months in  Yes, 10.205(h). 
                                 operator: 19.                       Note: (d)(2).                                         oceans.           10.910.           past 36 months,                  
                                                                                                                                                               10.202(e).                       
Radio officer.................  19..............  Yes.............  Yes, 10.205(d);   10.603..........  Yes, 10.205(f)..  N/A.............  N/A.............  N/A.............  Yes, 10.205(h). 
                                                                     Note: (d)(3).                                                                                                              
Staff officer.................  21..............  Yes.............  No..............  10.807..........  Yes, 10.205(f)..  N/A.............  N/A.............  N/A.............  N/A.            
Offshore installation manager,  21; 10201(f);     Yes.............  Yes, 10.205(d);   Deck: 10.468,     Yes, 10.205(f)..  Yes, 10.205(g)..  Yes, 10.205(i).   Yes, 3 months in  Yes, 10.205(h). 
 barge supervisor, ballast       Note:                               Note: (d)(3).     Eng: 10.540.                                          10.920.           past 36 months,                  
 control operator.               exceptions.                                                                                                                   10.202(e).                       
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



[CGD 91-211, 59 FR 49297, Sept. 27, 1994; CGD 91-211, 59 FR 50964, Oct. 6, 1994]                                
                                                                                                                


[[Page 103]]



Sec. 10.204  Right of appeal.

    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.

[CGD 88-033, 54 FR 50379, Dec. 6, 1989]



Sec. 10.205  Requirements for original licenses and certificates of registry.

    (a) General. The applicant for an original license or certificate of 
registry shall present satisfactory documentary evidence of eligibility 
in respect to the requirements of this section. Each applicant shall 
make written application on a Coast Guard furnished form and, unless 
exempted under Sec. 10.112, submit the evaluation fee set out in 
Sec. 10.109.
    (b) Minimum age. The applicant shall present satisfactory proof of 
age as prescribed in Sec. 10.201(f). This evidence may be any of the 
items submitted to establish citizenship.
    (c) Citizenship. (1) The OCMI may reject any evidence of citizenship 
that is not believed to be authentic. Acceptable evidence of citizenship 
may be an original or certified copy of the following:
    (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) Physical examination. (1) All applicants for an original license 
must pass an examination given by a licensed physician or a licensed 
physician assistant and present to the OCMI a completed Coast Guard 
physical examination form, or the equivalent, executed by the physician. 
This form must provide information on the applicant's acuity of vision, 
color sense, and general physical condition. This examination must have 
been completed prior to submission of the application and not more than 
12 months prior to issuance of the license. (Physical examinations are 
not required for staff officers.)
    (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

[[Page 104]]

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) Experience or training. (1) All applicants for original licenses 
and certificates of registry shall present to the OCMI, letters, 
discharges, or other documents certifying the amount and character of 
their experience and the names, tonnage and horsepower of the vessels on 
which acquired. The OCMI must be satisfied as to the authenticity and 
acceptability of all evidence of experience or training presented. 
Certificates of discharge are returned to the applicant. The OCMI shall 
note on the application that service represented by these documents has 
been verified. All other documentary evidence of service, or authentic 
copies thereof, are filed with the application. A license is not 
considered as satisfactory evidence of any qualifying experience.
    (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) Character check and references. (1) Each applicant for an 
original license shall submit written recommendations concerning the 
applicant's suitability for duty from a master and two other licensed 
officers of vessels on which the applicant has served. For a license as 
engineer or as pilot, at least one of the recommendations must be from 
the chief engineer or licensed pilot, respectively, of a vessel on which 
the applicant has served. For a license as engineer where service was 
obtained on vessels not carrying a licensed engineer and for a license 
as operator of uninspected towing vessels, the recommendations may be by 
recent marine employers with at least one recommendation from a master, 
operator, or person in charge of a vessel upon which the applicant has 
served. For a license as offshore installation manager, barge 
supervisor, or ballast control operator, at least one recommendation 
must be from an offshore installation manager of a unit on which the 
applicant has served. Where an applicant qualifies for a license through 
an approved training school, one of the character references must be an 
official of that school. For a license for which no commercial 
experience may be required, such as: Master or mate 25-200 gross tons, 
operator of uninspected passenger vessels, radio officer or certificate 
of registry, the applicant may have the written recommendations of three 
persons who

[[Page 105]]

have knowledge of the applicant's suitability for duty.
    (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 Sec. 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 Sec. 10.204 of this part apply.
    (g) Firefighting certificate. Applicants for the licenses in the 
following categories must present a certificate of completion from a 
firefighting course of instruction which has been approved by the 
Commandant. The course must meet both the basic and advanced sections of 
the International Maritime Organization's (IMO) Resolution A.437 (XI) 
Training of Crews in Firefighting. The course must have been completed 
within five years before the date of application for the license 
requested.
    (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 operators of uninspected towing vessels, oceans (domestic 
trade).
    (4) All licenses on mobile offshore drilling units.
    (5) All engineer's licenses.
    (h) First aid and cardiopulmonary resuscitation (CPR) course 
certificates. All applicants for an original license or certificate of 
registry, except as provided in Secs. 10.429, 10.456, and 10.466 of this 
part, must present to the OCMI:
    (1) A certificate indicating completion of a first aid course within 
the past 12 months from:
    (i) The American National Red Cross Standard First Aid and Emergency 
Care or Multi-media Standard First Aid course;
    (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) Professional Examination. (1) When the OCMI finds the 
applicant's experience and training to be satisfactory and the applicant 
is eligible in all other respects, the OCMI will authorize the 
examination in accordance with the following requirements:
    (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

[[Page 106]]

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 radar observer are contained 
in Sec. 10.480.
    (4) An examination is not required for a license as radio officer or 
a certificate of registry.
    (j) Chemical testing for dangerous drugs. To obtain a license or 
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 Sec. 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.

    (k) National Driver Register. Each applicant for an original license 
or certificate of registry shall consent to an NDR check under 
Sec. 10.201(i).

[CGD 81-059 and CGD 81-059a, 52 FR 38623 and 38666, Oct. 16, 1987, as 
amended by CGD 81-059, 54 FR 133, Jan. 4, 1989; CGD 81-059a, 55 FR 
14799, Apr. 18, 1990; CGD 91-002, 58 FR 15238, Mar. 19, 1993; CGD 91-
223, 60 FR 4524, Jan. 23, 1995; CGD 91-212, 60 FR 65486, Dec. 19, 1995; 
CGD 94-029, 61 FR 47063, Sept. 6, 1996]

    Effective Date Note: At 61 FR 47063, Sept. 6, 1996, Sec. 10.205 was 
amended by revising (i)(1), effective October 7, 1996. For the 
convenience of the reader, the superseded text is set forth as follows:
Sec. 10.205  Requirements for original licenses and certificates of 
registry.

                                * * * * *

    (i) Professional Examination. (1) When an applicant's experience and 
training are found to be satisfactory and the applicant is eligible in 
all other respects, the OCMI examines the applicant, in writing except 
that, if the license is said to be limited is to be limited to 
uninspected fishing industry vessels, the applicant may request an oral-
assisted examination. The alternative of an oral-assisted examination is 
also available to applicants for deck or engineer licenses limited to 
500 gross tons. If there is demonstrated difficulty in reading and 
understanding the questions, the oral-assisted examination is limited to 
the specific route and type of vessel upon which the majority of 
experience was obtained. The instructions for administration of 
examinations and the lists of subjects for all licenses are contained in 
subpart I of this part. A record indicating the subjects covered is 
placed in the applicant's license file.

                                * * * * *



Sec. 10.207  Requirements for raise of grade of license.

    (a) General. Before any person is issued a raise of grade of 
license, the applicant shall present satisfactory documentary evidence 
of eligibility. Each applicant shall make written application on a Coast 
Guard furnished form and, unless exempted under Sec. 10.112, submit the 
evaluation fee set out in Sec. 10.109.
    (b) Surrendering old license. Upon the issuance of a new license for 
raise of grade, the applicant shall surrender the old license to the 
OCMI. If requested, the old license is returned to the applicant after 
cancellation.
    (c) Age, experience, and training. (1) Applicants for raise of grade 
of licenses shall establish that they possess the age, experience, and 
training qualifications necessary before they are entitled to a raise of 
grade of license.
    (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 
other documentary evidence of service, or copies thereof, are filed with 
the application.
    (3) Sea service acquired prior to the issuance of the license held 
is generally not accepted as any part of the service

[[Page 107]]

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) Professional Examination. (1)(i) When the OCMI finds an 
applicant's experience and training for raise of grade to be 
satisfactory and the applicant is eligible in all other respects, the 
OCMI will authorize the examination. Oral-assisted examinations may be 
administered in accordance with Sec. 10.205(i)(1). The OCMI will place 
in the applicant's file a record indicating the subjects covered.
    (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 radar observer are contained 
in Sec. 10.480.
    (e) Physical requirements. (1) An applicant for raise of grade of a 
license who has not had a physical examination for an original license 
or renewal of license within three years must submit a certification by 
a licensed physician or physician assistant that he or she is in good 
health and has no physical impairment or medical condition which would 
render him or her incompetent to perform the ordinary duties of the 
license applied for.
    (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 Sec. 10.205(d).
    (f) Firefighting certificate. Applicants for raise of grade of 
license who have not previously met the requirements in Sec. 10.205(g), 
must do so.
    (g) Chemical testing for dangerous drugs. To obtain a raise of grade 
of a license each applicant shall produce evidence of having passed a 
chemical test for dangerous drugs or of qualifying for an exception from 
testing in Sec. 16.220 of this subchapter.
    (h) Criminal Record Review. Each applicant for a raise of grade may 
be required to submit to a criminal record check under Sec. 10.201(h).
    (i) National Driver Register. Each applicant for a raise of grade of 
a license

[[Page 108]]

shall consent to an NDR check under Sec. 10.201(i) if the license is 
reissued with a new expiration date.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
134, Jan. 4, 1989; CGD 91-002, 58 FR 15238, Mar. 19, 1993; CGD 91-223, 
60 FR 4524, Jan. 23, 1995; CGD 91-212, 60 FR 65486, Dec. 19, 1995; CGD 
94-029, 61 FR 47063, Sept. 6, 1996]

    Effective Date Note: At 61 FR 47063, Sept. 6, 1996, Sec. 10.207 was 
amended by revising (d)(1), effective October 7, 1996. For the 
convenience of the reader, the superseded text is set forth as follows:
Sec. 10.207  Requirements for raise of grade of license.

                                * * * * *

    (d) Professional Examination. (1) When an applicant's experience and 
training for raise of grade is found to be satisfactory and he or she is 
eligible in all other respects, the OCMI examines the applicant in 
writing, unless an oral-assisted examination is authorized under 
Sec. 10.205(i)(1). A record indicating the subjects covered is placed in 
the applicant's license file. The general instructions and list of 
subjects are contained in subpart I of this part.

                                * * * * *



Sec. 10.209  Requirements for renewal of licenses and certificates of registry.

    (a) General. Except as provided in paragraph (g) of this section, an 
applicant for renewal of a license or certificate of registry shall 
establish possession of all of the necessary qualifications before the 
license or certificate of registry is issued.
    (1) Each application must be on a Coast Guard furnished form and be 
accompanied by the evaluation fee set out in Sec. 10.109. An approved 
application is valid for 12 months.
    (2) The applicant may apply in person at any Regional Examination 
Center listed in Sec. 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) Fitness. No license or certificate of registry will be renewed 
if it has been suspended without probation or revoked as a result of 
action under part 5 of this chapter, or facts that would render a 
renewal improper have come to the attention of the Coast Guard.
    (c) Professional requirements. (1) In order to renew a license as 
master, mate, engineer, pilot, or operator, the applicant shall:
    (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 radar observer 
endorsement are in Sec. 10.480.
    (3) Additional qualification requirements for renewal of a license 
as pilot are contained in Sec. 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.

[[Page 109]]

    (d) Physical requirements. (1) An applicant for renewal of a license 
shall submit a certification by a licensed physician or physician 
assistant that he or she is in good health and has no physical 
impairment or medical condition which would render him or her 
incompetent to perform the ordinary duties of that license. This 
certification must address visual acuity and hearing in addition to 
general physical condition and must have been completed within 12 months 
of the date of application.
    (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 Sec. 10.205(d).
    (4) Physical examinations are not required for renewal of 
certificates of registry.
    (e) Special circumstances--(1) Period of grace. Except as provided 
herein, a license may not be renewed more than 12 months after it has 
expired. To obtain a reissuance of the license, an applicant must comply 
with the requirements of paragraph (f) of this section. When an 
applicant's license expires during a time of service with the Armed 
Forces and there is no reasonable opportunity for renewal, including by 
mail, this period may be extended. The period of military service 
following the date of license expiration which precluded renewal may be 
added to the 12 month period of grace. The 12 month period of grace, and 
any extension, do not affect the expiration date of the license. A 
license is not valid for use after the expiration date.
    (2) Renewal in advance. A license or certificate of registry may not 
be renewed more than 12 months before expiration unless it is being 
renewed in conjunction with a merchant mariner's document which is 
either due for renewal or being endorsed, or unless the OCMI is 
satisfied that special circumstances exist to justify renewal.
    (3) Renewal by mail. (i) Applications for renewal by mail of 
licenses or certificates of registry may be sent to the Coast Guard 
office that issued the license or certificate of registry or holds the 
applicant's file. The following documents must be submitted:
    (A) A properly completed application on a Coast Guard furnished form 
and the evaluation fee required by Sec. 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) Concurrent renewal of licenses, certificates of registry, and 
merchant mariner's documents. An applicant for concurrent renewal of 
more than one merchant mariner credential shall satisfy the individual 
renewal requirements and pay the applicable fees required by 
Secs. 10.109 and 12.02-18 of this chapter for each license, certificate 
of registry, or merchant mariner's document being renewed.

[[Page 110]]

    (f) Reissuance of expired license or certificate of registry. (1) 
Whenever an applicant applies for reissuance of a license more than 12 
months after expiration, in lieu of the requirements of paragraph (c) of 
this section, the applicant shall demonstrate continued professional 
knowledge by completing a course approved for this purpose, or by 
passing the complete examination for that license. The examination may 
be oral-assisted if the expired license was awarded on an oral exam. The 
fees listed in Sec. 10.109 apply to these examinations. In the case of 
an expired radio officer's license, the license may be issued upon 
presentation of a valid first- or second-class radiotelegraph operator 
license issued by the Federal Communications Commission.
    (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) Inactive license renewal. (1) Applicants for renewal of licenses 
who are unwilling or otherwise unable to meet the requirements of 
paragraphs (c) or (d) of this section may renew their licenses, with the 
following restrictive endorsement placed on the back of the license: 
``License renewed for continuity purposes only; service under the 
authority of this license is prohibited.'' Holders of licenses with this 
continuity endorsement may have the prohibition rescinded at any time by 
satisfying the renewal requirements in paragraphs (c), (d), and (h) of 
this section.
    (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) Chemical testing for dangerous drugs. Except for applicants 
requesting an inactive license renewal under paragraph (g) of this 
section, each applicant for the renewal of a license or of a certificate 
of registry shall produce evidence of having passed a chemical test for 
dangerous drugs or of qualifying for an exception from testing in 
Sec. 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.
    (i) Each applicant for a renewal may be required to consent to a 
criminal record check under Sec. 10.201(h).
    (j) Each applicant for renewal of a license or certificate of 
registry shall consent to an NDR check under Sec. 10.201(i).

[CGD 91-211, 59 FR 49299, Sept. 27, 1994, as amended by CGD 91-223, 60 
FR 4525, Jan. 23, 1995; CGD 91-212, 60 FR 65486, Dec. 19, 1995]



Sec. 10.211  Creditable service and equivalents for licensing purposes.

    (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.)

[[Page 111]]

    (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.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
135, Jan. 4, 1989]



Sec. 10.213  Sea service as a member of the Armed Forces of the United States and on vessels owned by the United States as qualifying experience.

    (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,

[[Page 112]]

ship's business, and other related duties.
    (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.



Sec. 10.215  Modification or removal of limitations.

    (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.



Sec. 10.217  Examination procedures and denial of licenses.

    (a)(1) The examinations for all deck and engineer unlimited licenses 
are administered at periodic intervals. The examination fee set out in 
Sec. 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 Sec. 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

[[Page 113]]

must be retaken and the date by which the examination must be completed.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
135, Jan. 4, 1989; CGD 91-002, 58 FR 15238, Mar. 19, 1993; CGD 94-029, 
61 FR 47064, Sept. 6, 1996]

    Effective Date Note: At 61 FR 47064, Sept. 6, 1996, Sec. 10.217 was 
amended by revising the second sentence of (a)(1) and (2), effective 
October 7, 1996. For the convenience of the reader, the superseded text 
is set forth as follows:
Sec. 10.217  Requirements for raise of grade of license.
    (a) * * *
    (1) * * * The examination fee set out in Sec. 10.109 must be paid 
prior to taking the first examination section. * * *
    (2) * * * The examination fee set out in Sec. 10.109 must be paid 
prior to taking the first examination section. * * *

                                * * * * *



Sec. 10.219  Issuance of duplicate license or certificate of registry.

    (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 Sec. 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 Sec. 10.109 is required.

[CGD 81-059, 54 FR 135, Jan. 4, 1989; as amended by CGD 91-002, 58 FR 
15238, Mar. 19, 1993]



Sec. 10.221  Parting with license.

    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.



Sec. 10.223  Suspension and revocation of licenses.

    (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.



            Subpart C--Training Schools with Approved Courses



Sec. 10.301  Applicablilty.

    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.



Sec. 10.302  Course approval.

    (a) The Coast Guard only approves courses satisfying regulatory 
requirements. The owner or operator of a training school desiring to 
have a course approved by the Coast Guard shall submit a written request 
through

[[Page 114]]

the appropriate Officer in Charge, Marine Inspection to the Director, 
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 revoked, 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, 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 revoked, a renewal of the approval expires 60 months after the month 
it is issued, or on the date of any change in ownership of the school 
for which it is issued, whichever occurs first.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 95-072, 60 FR 
50460, Sept. 29, 1995]



Sec. 10.303  General standards.

    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 through the 
appropriate Officer in Charge, Marine Inspection to the Director, 
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.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987 and CGD 81-059, 54 FR 132, Jan. 
4, 1989, as amended by CGD 95-072, 60 FR 50460, Sept. 29, 1995]



Sec. 10.304  Substitution of training for required service.

    (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

[[Page 115]]

the equivalent service and applicable licenses and ratings is maintained 
by Director, 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 Director, 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.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
135, Jan. 4, 1989; CGD 95-072, 60 FR 50460, Sept. 29, 1995]



Sec. 10.305  Radar-observer certificates and qualifying courses.

    (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).
    (3) Radar Observer (Rivers).
    (4) Radar Observer (Unlimited Renewal).
    (5) Radar Observer (Inland Waters 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 and weather.
    (D) Limitations of radar resulting from design factors.
    (E) Precautions to observe in performing maintenance of radar 
equipment.
    (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--determining the position and direction of 
movements of a vessel.
    (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 and/or speed of another vessel after 
its initial course and speed have been established.
    (F) Factors to consider when determining changes of course and/or 
speed

[[Page 116]]

of a vessel to, on the basis of radar observation, prevent collisions 
with other vessels.
    (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). Classroom instruction--with 
emphasis on situations and problems encountered on inland waters, 
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 and weather.
    (D) Limitations of radar resulting from design factors.
    (E) Precautions to observe in performing maintenance of radar 
equipment.
    (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--determining the position and direction of 
movements of a vessel.
    (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 and/or speed of another vessel after 
its initial course and speed have been established.
    (F) Factors to consider when determining changes of course and/or 
speed of a vessel to, on the basis of radar observation, prevent 
collisions with other vessels.
    (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 and weather.
    (D) Limitations of radar resulting from design factors.
    (E) Precautions to observe in preforming maintenance of radar 
equipment.
    (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--determining the position and direction of 
movements of a vessel.
    (B) Collision-avoidance, including visual techniques, appropriate to 
the circumstances and the equipment in use.
    (C) Factors to consider when determining changes of course and/or 
speed of a vessel to, on the basis of radar observation, prevent 
collisions with other vessels.
    (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:

[[Page 117]]

    (A) Radar navigation--determining the position and direction of 
movements of a vessel.
    (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 and/or speed of another vessel after 
its initial course and speed have been established.
    (F) Factors to consider when determining changes of course and/or 
speed of a vessel to, on the basis of radar observation, prevent 
collisions with other vessels.
    (ii) Plotting (by any method that is graphically correct):
    (A) The principles and methods of plotting relative and true motion.
    (B) Practical-plotting problems.
    (5) Radar Observer (Inland Waters Renewal). Classroom instruction--
including demonstration and practical exercises using simulators--and 
examination, in the interpretation and analysis of radar information, 
including:
    (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) 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 and/or speed of another vessel after 
its initial course and speed have been established.
    (vi) Factors to consider when determining changes of course and/or 
speed of a vessel to, on the basis of radar observation, prevent 
collisions with other vessels.
    (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--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) Factors to consider when determining changes of course and/or 
speed of vessel to, on the basis of radar observation, prevent collisons 
with other vessels.

[CGD 94-041, 59 FR 53757, Oct. 26, 1994]



Sec. 10.306  Radar-Operation certificate and course.

    (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 four 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 and weather.
    (iv) Limitations of radar resulting from design factors.
    (v) Precautions to observe in performing maintenance of radar 
equipment.
    (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.

[[Page 118]]

    (ii) Collision-avoidance, including visual techniques, appropriate 
to the circumstances and the equipment in use.
    (iii) Factors to consider when determining changes of course and/or 
speed of a vessel to, on the basis of radar observation, prevent 
collisions with other vessels.
    (c) Each Radar-Operation course must be conducted by an individual 
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 (Unlimited 
or Inland Waters) course 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) A holder of the Radar-Operation certificate seeking a radar-
observer endorsement is considered an applicant for an original 
endorsement rather than an applicant for renewal of the endorsement.

[CGD 94-041, 59 FR 53758, Oct. 26, 1994]



Sec. 10.307   Training schools with approved radar observer courses.

    The Director, 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.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987 and CGD 81-059, 54 FR 132, Jan. 
4, 1989, as amended by CGD 95-072, 60 FR 50460, Sept. 29, 1995]



     Subpart D--Professional Requirements for Deck Officers Licenses



Sec. 10.401   Ocean and near coastal licenses.

    (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

[[Page 119]]

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 license applicant who fails in practical signaling, 
but passes every other part of the examination, may be issued a license 
with a 1600 gross ton limitation. The tonnage limitation can be removed 
upon successful completion of the signaling examination.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
135, Jan. 4, 1989]



Sec. 10.402  Tonnage requirements for ocean or near coastal licenses for vessels of over 1600 gross tons.

    (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 Sec. 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.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
135, Jan. 4, 1989]



Sec. 10.403   Deck license structure.

    The following diagram illustrates the deck license structure, 
including cross over points. The section numbers on

[[Page 120]]

the diagram refer to the specific requirements applicable.

[[Page 121]]

[GRAPHIC] [TIFF OMITTED] TC01FE91.057


[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
136, Jan. 4, 1989]

[[Page 122]]



Sec. 10.404  Service requirements for master of ocean or near coastal steam or motor vessels of any gross tons.

    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).



Sec. 10.405  Service requirements for chief mate of ocean or near coastal steam or motor vessels of any gross tons.

    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.



Sec. 10.406   Service requirements for second mate of ocean or near coastal steam or motor vessels of any gross tons.

    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.
[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
138, Jan. 4, 1989]



Sec. 10.407   Service requirements for third mate of ocean or near coastal steam or motor vessels of any gross tons.

    (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, except 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 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

[[Page 123]]

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.



Sec. 10.410  Requirements for deck licenses for vessels of not more than 1600 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.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
138, Jan. 4, 1989]



Sec. 10.412  Service requirements for master of ocean or near coastal steam or motor vessels of not more than 1600 gross tons.

    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, or equivalent supervisory 
position while holding a license as master, mate, operator of 
uninspected towing vessels, or operator of uninspected passenger 
vessels. One year of the service as master, mate, 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.

[CGD 81-059, 54 FR 138, Jan. 4, 1989]



Sec. 10.414  Service requirements for mate of ocean steam or motor vessels of not more than 1600 gross tons.

    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, or equivalent supervisory position while 
holding a license as master, mate, operator of uninspected towing 
vessels, 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 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.

[CGD 81-059, 54 FR 138, Jan. 4, 1989]



Sec. 10.416  Service requirements for mate of near coastal steam or motor vessels of not more than 1600 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 1600 
gross tons is two years total service in the deck department of ocean or 
near coastal steam or motor, sail, or auxiliary sail

[[Page 124]]

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.

[CGD 81-059, 54 FR 138, Jan. 4, 1989]



Sec. 10.418  Service requirements for master of ocean or near coastal steam or motor vessels of not more than 500 gross tons.

    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) An applicant holding a license as operator of uninspected towing 
vessels authorizing service on ocean or near coastal waters is eligible 
for this license after six months of service as operator of uninspected 
towing vessels on ocean or near coastal waters 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 operator, second-class operator, or mate.

[CGD 81-059, 54 FR 138, Jan. 4, 1989]



Sec. 10.420  Service requirements for mate of ocean steam or motor vessels of not more than 500 gross tons.

    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, operator of uninspected towing vessels, 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.

[CGD 81-059, 54 FR 138, Jan. 4, 1989]



Sec. 10.421  Service requirements for mate of near coastal steam or motor vessels of not more than 500 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.

[CGD 81-059, 54 FR 138, Jan. 4, 1989]



Sec. 10.422  Tonnage limitations and qualifying requirements for licenses as master or mate of vessels of not more than 200 gross tons.

    (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.

[[Page 125]]

    (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.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
139, Jan. 4, 1989]



Sec. 10.424  Service requirements for master of ocean steam or motor vessels of not more than 200 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 operator or second-class 
operator of ocean or near coastal uninspected 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 Sec. 10.401(g) of this subpart.

[CGD 81-059, 54 FR 139, Jan. 4, 1989]



Sec. 10.426  Service requirements for master of near coastal steam or motor vessels of not more than 200 gross tons.

    (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, mate, or equivalent supervisory position while holding a 
license as master, as mate, or as operator of uninspected passenger 
vessels; or,
    (2) One year of total service as a licensed operator or second-class 
operator of ocean or near coastal uninspected 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.

[CGD 81-059, 54 FR 139, Jan. 4, 1989]

[[Page 126]]



Sec. 10.427   Service requirements for mate of near coastal steam or motor vessels of not more than 200 gross tons.

    (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.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by CGD 
81-059, 54 FR 139, Jan. 4, 1989]



Sec. 10.428  Service requirements for master of near coastal steam or motor vessels of not more than 100 gross tons.

    (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.

[CGD 81-059, 54 FR 139, Jan. 4, 1989]



Sec. 10.429  Service requirements for limited master of near coastal steam or motor vessels of not more than 100 gross tons.

    (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, or a Coast Guard approved course. This course must have been 
completed within five years before the date of application; and,
    (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 Sec. 10.201(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

[[Page 127]]

obtained prior to issuance of the license.

[CGD 81-059, 54 FR 139, Jan. 4, 1989]



Sec. 10.430  Licenses for the Great Lakes and inland waters.

    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.

[CGD 81-059, 54 FR 139, Jan. 4, 1989]



Sec. 10.431   Tonnage requirements for Great Lakes and inland licenses for vessels of over 1600 gross tons.

    (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 Sec. 10.402 (b) and (c).



Sec. 10.433   Service requirements for master of Great Lakes and inland steam or motor vessels of any gross tons.

    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).



Sec. 10.435   Service requirements for master of inland steam or motor vessels of any gross tons.

    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.



Sec. 10.437   Service requirements for mate of Great Lakes and inland steam or motor vessels of any gross tons.

    (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.

[[Page 128]]



Sec. 10.442  Service requirements for master of Great Lakes and inland steam or motor vessels of not more than 1600 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 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 operator of uninspected 
towing vessels; or,
    (b) Six months of service as operator on vessels of over 100 gross 
tons while holding a license as operator of uninspected towing vessels.

[CGD 81-059, 54 FR 140, Jan. 4, 1989]



Sec. 10.444  Service requirements for mate of Great Lakes and inland steam or motor vessels of not more than 1600 gross tons.

    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 second-class operator of uninspected 
towing vessels on vessels of over 100 gross tons.

[CGD 81-059, 54 FR 140, Jan. 4, 1989]



Sec. 10.446  Service requirements for master of Great Lakes and inland steam or motor vessels of not more than 500 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 operator of ocean, near 
coastal, or Great Lakes and inland uninspected towing vessels is 
eligible for this license after six months of service as operator of 
uninspected 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 operator or second-
class operator of uninspected towing vessels, or mate.

[CGD 81-059, 54 FR 140, Jan. 4, 1989]



Sec. 10.448  Service requirements for mate of Great Lakes and inland steam or motor vessels of not more than 500 gross tons.

    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.

[CGD 81-059, 54 FR 140, Jan. 4, 1989]

[[Page 129]]



Sec. 10.450   Tonnage limitations and qualifying requirements for licenses as master or mate of Great Lakes and inland vessels of not more than 200 gross tons.

    (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 Sec. 10.422. See the tonnage and 
qualifying service discussion in Sec. 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.



Sec. 10.452  Service requirements for master of Great Lakes and inland steam or motor vessels of not more than 200 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, 
operator or second-class operator of uninspected 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.

[CGD 81-059, 54 FR 140, Jan. 4, 1989]



Sec. 10.454  Service requirements for mate of Great Lakes and inland steam or motor vessels of not more than 200 gross tons.

    (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 vessels, the applicant must submit evidence of three 
months of service on sail or auxiliary sail vessels.
    (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.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
140, Jan. 4, 1989]

[[Page 130]]



Sec. 10.455  Service requirements for master of Great Lakes and inland steam or motor vessels of not more than 100 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 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.

[CGD 81-059, 54 FR 140, Jan. 4, 1989]



Sec. 10.456  Service requirements for limited master of Great Lakes and inland steam or motor vessels of not more than 100 gross tons.

    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 Sec. 10.201(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.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by CGD 
81-059, 54 FR 140, Jan. 4, 1989]



Sec. 10.457  Service requirements for master of inland steam or motor vessels of not more than 100 gross tons.

    (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 
Sec. 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.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by CGD 
81-059, 54 FR 141, Jan. 4, 1989]



Sec. 10.459  Service requirements for master or mate of rivers.

    (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.

[CGD 81-059, 54 FR 141, Jan. 4, 1989]

[[Page 131]]



Sec. 10.462  Licenses for master or mate of uninspected fishing industry vessels.

    (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 Sec. 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, operator of uninspected 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 raising the limitation to 5000 gross tons;
    (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.

[[Page 132]]

    (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.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
141, Jan. 4, 1989]



Sec. 10.464  Licenses for operator of uninspected towing vessels.

    (a) Licenses are issued as operator or second-class operator of 
uninspected towing vessels. These licenses do not authorize service 
aboard uninspected towing vessels on a foreign voyage nor on those of 
more than 200 gross tons in ocean or near coastal service.
    (b) Licenses as operator and second-class operator of uninspected 
towing vessels are endorsed for operation on one or more of the 
following geographic areas:
    (1) Oceans (domestic trade) waters;
    (2) Near coastal waters;
    (3) Great Lakes and inland waters;
    (4) Western rivers; or,
    (5) A limited local area designated by the Officer in Charge, Marine 
Inspection.
    (c) For a license as operator of uninspected towing vessels, an 
applicant must have one of the following:
    (1) Three years of service including the following:
    (i) Two years on deck of a vessel of 26 feet or over in length;
    (ii) One year on deck on a towing vessel, with at least six months 
of training or duty in the wheelhouse of the towing vessel; and,
    (iii) Three months of service in each particular geographic area for 
which application is made; or,
    (2) Three years of service on towing vessels including the 
following:
    (i) One year on deck, with at least six months of training or duty 
in the wheelhouse of the towing vessel; and,
    (ii) Three months of service in each particular geographic area for 
which application is made; or,
    (3) For a license endorsed for a limited local area, 18 months 
service on deck on a towings vessel within the local area, including at 
least three months of training or duty in the Wheelhouse of the towing 
vessel.
    (d) For a license as second-class operator of uninspected towing 
vessels, an applicant must have:
    (1) At least 18 months of service on deck, including 12 months on 
towing vessels. The service must include at least three months of 
training or duty in the wheelhouse of towing vessels and

[[Page 133]]

three months of service in each particular geographic area for which 
endorsement for the license is requested; or,
    (2) At least six months of service on towing vessels while holding a 
merchant mariner's document endorsed as able seaman unlimited, able 
seaman limited, or able seaman special. The service must include three 
months in each particular geographic area for which an endorsement is 
requested, and either two months of training or duty in the wheelhouse 
or one month training or duty in the wheelhouse combined with successful 
completion of a towboat operator course of training approved by the 
Director, National Maritime Center under subpart C.
    (e) In order to obtain an operator or second-class operator license 
for ocean (domestic trade) waters, whether an original, raise in grade, 
or increase in scope, the applicant must complete the following training 
and examination requirements:
    (1) Approved firefighting course;
    (2) Approved radar observer course; and,
    (3) Qualification as able seaman unlimited, able seaman limited, 
able seaman special, or able seaman offshore supply vessels.
    (f) The examination for a license as operator of uninspected towing 
vessels endorsed for a local limited area is modified by deleting 
inappropriate questions.
    (g) A person holding a license as second-class operator of 
uninspected towing vessels who is 21 years old and possesses the service 
required in paragraph (c) of this section may be issued a license as 
operator without further examination.
    (h) A person holding a license as operator of uninspected towing 
vessels may have that license endorsed as second-class operator for a 
geographic area on which he or she has no operating experience, upon 
passing an examination for that area. Upon completion of three months of 
experience in that geographic area, the second-class restriction may be 
removed.
    (i) An applicant for a license as operator or second-class operator 
of uninspected towing 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.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
142, Jan. 4, 1989; CGD 95-072, 60 FR 50460, Sept. 29, 1995]



Sec. 10.466   Licenses for operators of uninspected passenger vessels.

    (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

[[Page 134]]

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 Sec. 10.201(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.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
142, Jan. 4, 1989]



Sec. 10.468  Licenses for mobile offshore drilling units.

    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.

[CGD 81-059a, 55 FR 14799, Apr. 18, 1990]



Sec. 10.470  Licenses for offshore installation manager.

    (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). Director, 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. Prior to July 1, 1995, the requirement 
may be waived at the license applicant's request. However, the license 
will be issued with an endorsement on the reverse side which states, ``A 
Coast Guard approved survival suit and survival craft training course 
must be completed prior to license renewal.'';
    (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;

[[Page 135]]

    (iv) A certificate from a firefighting training course as required 
by Sec. 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). Director, 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, with a minimum of 
14 days of that supervisory service on surface units; 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. Prior to July 1, 1995, the requirement 
may be waived at the license applicant's request. However, the license 
will be issued with an endorsement on the reverse side which states, ``A 
Coast Guard approved survival suit and survival craft training course 
must be completed prior to license renewal.'';
    (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 Sec. 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;

[[Page 136]]

    (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. Prior to July 1, 1995, the requirement 
may be waived at the license applicant's request. However, the license 
will be issued with an endorsement on the reverse side which states, ``A 
Coast Guard approved survival suit and survival craft training course 
must be completed prior to license renewal.''; and
    (iii) A certificate from a firefighting training course as required 
by Sec. 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). Director, 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; and
    (2) Present evidence of training course completion as follows:
    (i) A certificate from a Coast Guard approved survival suit and 
survival craft training course. Prior to July 1, 1995, the requirement 
may be waived at the license applicant's request. However, the license 
will be issued with an endorsement on the reverse side which states, ``A 
Coast Guard approved survival suit and survival craft training course 
must be completed prior to license renewal.'';
    (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 Sec. 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:

[[Page 137]]

    (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. Prior to July l, 1995, the requirement 
may be waived at the license applicant's request. However, the license 
will be issued with an endorsement on the reverse side which states, ``A 
Coast Guard approved survival suit and survival craft training course 
must be completed prior to license renewal.''; and
    (iii) A certificate from a firefighting training course as required 
by Sec. 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.

[CGD 81-059a, 55 FR 14799, Apr. 18, 1990, as amended by CGD 95-072, 60 
FR 50460, Sept. 29, 1995]



Sec. 10.472  License for barge supervisor.

    (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 driller, toolpusher, assistant 
tool pusher, 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; or
    (ii) A degree from a program in engineering or engineering 
technology which is accredited by the Accreditation Board for 
Engineering and Technology (ABET). Director, 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:

[[Page 138]]

    (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. Prior to July l, 1995, the requirement 
may be waived at the license applicant's request. However, the license 
will be issued with an endorsement on the reverse side which states, ``A 
Coast Guard approved survival suit and survival craft training course 
must be completed prior to license renewal.''; and
    (iii) A certificate from a firefighting training course as required 
by Sec. 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.

[CGD 81-059a, 55 FR 14801, Apr. 18, 1990, as amended by CGD 95-072, 60 
FR 50460, Sept. 29, 1995]



Sec. 10.474  License for ballast control operator.

    (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). Director, 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. Prior to July l, 1995, the requirement 
may be waived at the license applicant's request. However, the license 
will be issued with an endorsement on the reverse side which states, ``A 
Coast Guard approved survival suit and survival craft training course 
must be completed prior to license renewal.''; and
    (iii) A certificate from a firefighting training course as required 
by Sec. 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.

[CGD 81-059a, 55 FR 14801, Apr. 18, 1990, as amended by CGD 95-072, 60 
FR 50460, Sept. 29, 1995]



Sec. 10.476  Acknowledgments of service and temporary licenses for mobile offshore drilling units.

    (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 June 30, 1990, and meet the following requirements:
    (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.

[[Page 139]]

    (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:
    (1) Name of vessel(s) served on;
    (2) MODU license which the individual's position is equivalent to; 
and
    (3) Period of service; and
    (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.

[CGD 81-059a, 55 FR 14802, Apr. 18, 1990]



Sec. 10.480  Radar observer.

    (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 (Rivers).
    (2) Radar Observer (Inland Waters).
    (3) Radar Observer (Unlimited).
    (c) Endorsement as Radar Observer (Rivers) is valid only on any 
river, canal, or similar body of water designated by the Officer in 
Charge, Marine Inspection. Endorsement as Radar Observer (Inland Waters) 
is valid only for those waters covered by the Inland Navigational Rules 
other than the Great Lakes. Endorsement as Radar Observer (Unlimited) is 
valid on all waters.
    (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 Officer in Charge, Marine Inspection.
    (e) An applicant who possesses a radar-observer endorsement, resides 
in a remote geographic area, and can substantiate to the satisfaction of 
the Officer in Charge, Marine Inspection, that the applicant's absence 
would disrupt normal movement of commerce, or that the applicant cannot 
attend an approved radar-observer renewal course, any have his or her 
endorsement renewed upon successful completion of an examination 
administered by the Coast Guard.
    (f) An endorsement as radar observer issued under this section is 
valid for five years after the month of issuance of the certificate of 
training from a course approved by the Coast Guard. The endorsement is 
not terminated by the issuance of a new license during these five 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 a radar-observer 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 radar-observer certificate to fulfill 
that requirement.

[CGD 94-041, 59 FR 53758, Oct. 26, 1994]



Sec. 10.482  Assistance towing.

    (a) This section contains the requirements to qualify for an 
endorsement authorizing an individual to engage in assistance towing. 
The endorsement is applicable to all licenses except operator of 
uninspected towing vessels and master or mate licenses authorizing 
service on inspected vessels over 200 gross tons. Holders of these 
licenses are authorized to engage in assistance towing without 
endorsement on any vessel within the scope of the license.
    (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.

[[Page 140]]

    (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.

[CGD 87-017, 53 FR 18562, May 24, 1988]



  Subpart E--Professional Requirements for Engineer Officers' Licenses



Sec. 10.501   Grade and type of engineer licenses issued.

    (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.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
142, Jan. 4, 1989]



Sec. 10.502   Additional requirements for engineer licenses.

    (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 Sec. 10.205(g) of this part.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
142, Jan. 4, 1989]



Sec. 10.503   Horsepower limitations.

    (a) Engineer licenses of all grades and types may be subject to 
horsepower limitations. Other than as provided in Sec. 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

[[Page 141]]

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.



Sec. 10.504  Application of deck service for limited engineer licenses.

    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.

[CGD 81-059, 54 FR 142, Jan. 4, 1989]



Sec. 10.505  Engineer license structure.

    The following diagram illustrates the engineering license structure 
including cross over points. The section numbers on the diagram refer to 
the specific requirements applicable.

[[Page 142]]

[GRAPHIC] [TIFF OMITTED] TC01FE91.058


[CGD 81-059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by CGD 
81-059, 54 FR 142, Jan. 4, 1989]

[[Page 143]]



Sec. 10.510  Service requirements for chief engineer of steam and/or motor vessels.

    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).



Sec. 10.512   Service requirements for first assistant engineer of steam and/or motor vessels.

    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.



Sec. 10.514   Service requirements for second assistant engineer of steam and/or motor vessels.

    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.



Sec. 10.516   Service requirements for third assistant engineer of steam and/or motor vessels.

    (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 Director, 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

[[Page 144]]

months of the service requirements under paragraph (a)(1) of this 
section.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987 and CGD 81-059, 54 FR 132, Jan. 
4, 1989, as amended by CGD 95-072, 60 FR 50460, Sept. 29, 1995]



Sec. 10.518   Service requirements for chief engineer (limited-oceans) of steam and/or motor vessels.

    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.



Sec. 10.520   Service requirements for chief engineer (limited-near coastal) of steam and/or motor vessels.

    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.



Sec. 10.522   Service requirements for assistant engineer (limited-oceans) of steam and/or motor vessels.

    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.



Sec. 10.524   Service requirements for designated duty engineer of steam and/or motor vessels.

    (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 Sec. 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.



Sec. 10.530   Licenses for engineers of uninspected fishing industry vessels.

    (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 Sec. 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.

[[Page 145]]

    (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.



Sec. 10.540  Licenses for engineers of mobile offshore drilling units.

    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.

[CGD 81-059a, 55 FR 14802, Apr. 18, 1990]



Sec. 10.542  License for chief engineer (MODU).

    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 Sec. 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.

[CGD 81-059a, 55 FR 14802, Apr. 18, 1990, as amended by CGD 81-059a, 59 
FR 10756, Mar. 8, 1994]



Sec. 10.544  License for assistant engineer (MODU).

    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). Director, 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 Sec. 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 service and completion of any 
additional required examination.

[CGD 81-059a, 55 FR 14802, Apr. 18, 1990, as amended by CGD 81-059a, 59 
FR 10756, Mar. 8, 1994; CGD 95-072, 60 FR 50460, Sept. 29, 1995]

[[Page 146]]



                 Subpart F--Licensing of Radio Officers



Sec. 10.601   Applicability.

    This subpart provides for the licensing of radio officers for 
employment on vessels.



Sec. 10.603   Requirements for radio officer licenses.

    (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 See License as Radio Officer.
    (c) The application must also include a completed form CG-2765 Coast 
Guard Intelligence Agency Check Request.



         Subpart G--Professional Requirements for Pilot Licenses

    Source: CGD 81-059b, 52 FR 38659, Oct. 16, 1987 unless otherwise 
noted.



Sec. 10.701  Scope of pilot licenses and endorsements.

    (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 operator of uninspected 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 Sec. 15.812 of this subchapter. Therefore, first class 
pilot endorsements will not be issued with tonnage limitations of 1600 
gross tons or less.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
144, Jan. 4, 1989]



Sec. 10.703  Service requirements.

    (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 operator of uninspected towing vessels, 
is predicated upon the nature of the waters for which pilotage is 
desired.
    (1) General routes (routes not restricted to rivers, canals and 
small lakes). The applicant must have at least 36 months service in the 
deck department of steam or motor vessels navigating on oceans, 
coastwise, Great Lakes, or bays, sounds, and lakes other than the Great 
Lakes, as follows:
    (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) River routes. The applicant must have at least 36 months service 
in the deck department of any vessel including at least 12 months 
service on vessels operating on the waters of rivers while the applicant 
is serving in the capacity of quartermaster, wheelsman, apprentice 
pilot, or deckhand who stands watches at the wheel as part of routine 
duties.
    (3) Canal and small lakes routes. The applicant must have at least 
24 months service in the deck department of any vessel including at 
least 8 months service on vessels operating on canals or small lakes.

[[Page 147]]

    (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 
Director, 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 Sec. 10.304. Additionally, round trips made during this 
training may apply toward the route familiarization requirements of 
Sec. 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 section for an endorsement as first class pilot.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
144, Jan. 4, 1989; CGD 95-072, 60 FR 50460, Sept. 29, 1995]



Sec. 10.705  Route familiarization requirements.

    (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.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
144, Jan. 4, 1989]



Sec. 10.707  Examination requirements.

    (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.



Sec. 10.709  Annual physical examination requirements.

    (a) This section applies only to an individual who pilots a vessel 
of 1,600 gross tons and over.

[[Page 148]]

    (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 Sec. 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 physical examination has been 
satisfactorily completed.
    (e) Upon request, a first class pilot shall provide the Coast Guard 
with a copy of his or her most recent physical examination.



Sec. 10.711  Tonnage requirements.

    (a) In order to obtain a first class pilot license or endorsement 
authorizing service on vessels of any gross tons over a particular 
route, the applicant must have sufficient experience on vessels of over 
1,600 gross tons.
    (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 
Sec. 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.



Sec. 10.713  Requirements for maintaining current knowledge of waters to be navigated.

    (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.



                Subpart H--Registration of Staff Officers



Sec. 10.801   Applicability.

    This subpart provides for the registration of staff officers for 
employment on vessels documented or numbered under the laws of the 
United

[[Page 149]]

States. Staff officers must be registered if serving on most vessels in 
ocean service or on the Great Lakes.



Sec. 10.803   Grades of certificates issued.

    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.



Sec. 10.805   General requirements.

    (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 Charge, Marine Inspection a letter justifying 
the need for the certificate of registry.
    (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 Sec. 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 Sec. 10.209. The expiration date of a certificate of 
registry issued without an expiration date shall be determined in 
accordance with Sec. 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 
Sec. 16.220 of this subchapter. An applicant who fails a chemical test 
for dangerous drugs will not be issued a certificate of registry.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
144, Jan. 4, 1989; CGD 91-211, 59 FR 49300, Sept. 27, 1994; CGD 91-223, 
60 FR 4525, Jan. 23, 1995]



Sec. 10.807   Experience requirements for registry.

    (a) The applicant for a certificate of registry as staff officer 
shall submit evidence of experience as follows:
    (1) Chief purser. Two years of service aboard vessels performing 
duties relating to work in the purser's office.
    (2) Purser. One year of service aboard vessels performing duties 
relating to work in the purser's office.
    (3) Senior assistant purser. Six months of service aboard vessels 
performing duties relating to work in purser's office.
    (4) Junior assistant purser. Previous experience not required.
    (5) Medical doctor. A valid license as physician or surgeon issued 
under the authority of a state or territory of the United States, the 
Commonwealth of Puerto Rico, or the District of Columbia.
    (6) Professional nurse. A valid license as a registered nurse issued 
under authority of a state or territory of the United States, the 
Commonwealth of Puerto Rico, or the District of Columbia.
    (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.

[[Page 150]]



Sec. 10.809   Experience requirements for ratings endorsed on certificate of registry.

    An applicant for rating to be endorsed on a certificate of registry 
shall submit evidence of experience as follows:
    (a) Marine physician assistant. Successful completion of an 
accredited course of instruction for a physician's assistant or nurse 
practitioner program.
    (b) Hospital corpsman. A rating of at least hospital corpsman or 
health services technician, first class in the U.S. Navy, U.S. Coast 
Guard, U.S. Marine Corps, or an equivalent rating in the U.S. Army (not 
less than staff sergeant, Medical Department, U.S.A.), or in the U.S. 
Air Force (not less than technical sergeant, Medical Department, 
U.S.A.F.), and a period of satisfactory service of at least one month in 
a military hospital or U.S. Public Health Service Hospital.



Sec. 10.811  Expiration of existing certificates of registry.

    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 Sec. 10.209.

  Table 10.811.--Expiration of Certificates of Registry Issued With No  
                           Expiration Date \1\                          
------------------------------------------------------------------------
                             Expiration year                            
-------------------------------------------------------------------------
     1999           1998           1997           1996          1995    
------------------------------------------------------------------------
                               Issue Year                               
                                                                        
------------------------------------------------------------------------
1994.........        1993           1992           1991          1990   
1989.........        1988           1987           1986          1985   
1984.........        1983           1982           1981          1980   
1979.........        1978           1977           1976          1975   
1974.........        1973           1972           1971          1970   
1969.........        1968           1967           1966          1965   
1964.........        1963           1962           1961          1960   
1959.........        1958           1957           1956          1955   
1954.........        1953           1952           1951          1950   
1949.........        1948           1947           1946          1945   
1944.........        1943           1942           1941          1940   
1939.........        1938           1937     .............  ............
------------------------------------------------------------------------
\1\ Find the year in which the certificate of registry was issued (Issue
  Year), then move up the column to find the Expiration Year. Month and 
  day of expiration correspond to the month and day of issue.           


[CGD 91-211, 59 FR 49300, Sept. 27, 1994; CGD 91-211, 59 FR 50964, Oct. 
6, 1994]



                 Subpart I--License Examination Subjects



Sec. 10.901   General provisions.

    (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 Sec. 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 uninspected towing vessels); or,
    (2) Engineer licenses with horsepower restrictions.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
144, Jan. 4, 1989; CGD 94-029, 61 FR 47064, Sept. 6, 1996]

    Effective Date Note: At 61 FR 47064, Sept. 6, 1996, Sec. 10.901 was 
amended by revising (a), effective October 7, 1996. For the convenience 
of the reader, the superseded text is set forth as follows:
Sec. 10.901  General provisions.
    (a) Applicants for the licenses listed in this subpart must pass an 
examination on the subjects listed prior to issuance of a license. For 
all deck and engineering licenses, the examination must be written, 
except where indicated in Sec. 10.205(i)(1) of this part.

                                * * * * *

[[Page 151]]



Sec. 10.903  Licenses requiring examinations.

    (a) The following licenses require examinations for issuance:
    (1) Master ocean/near coastal any gross tons;\1\
---------------------------------------------------------------------------

    \1\ Examination will vary depending upon route desired.
---------------------------------------------------------------------------

    (2) Chief mate ocean/near coastal any gross tons;\1\
    (3) Second mate ocean/near coastal any gross tons;\1\
    (4) Third mate ocean/near coastal any gross tons;\1\
    (5) Master ocean/near coastal not more than 500 or 1600 gross 
tons;\1\
    (6) Mate ocean/near coastal not more than 500 or 1600 gross tons;\1\
    (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;\1\
    (14) Mate Great Lakes and inland/river not more than 500 or 1600 
gross tons;\1\
    (15) Mate Great Lakes and inland/inland/river not more than 200 
gross tons;\1\
    (16) Master Great Lakes and inland/inland/river not more than 100 
gross tons;\1\
    (17) First class pilot;
    (18) Operator or second-class operator uninspected towing vessels;
    (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) Operator of uninspected towing vessels, when raising license 
grade from second class operator of uninspected towing vessels (endorsed 
for same route).

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
144, Jan. 4, 1989; CGD 81-059a, 59 FR 10756, Mar. 8, 1994]



Sec. 10.910  Subjects for deck licenses.

    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.

                 Table 10.910-1 Codes for Deck Licenses

                             Deck Licenses:

    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.

[[Page 152]]

    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. Operator, uninspected towing vessels, oceans (domestic trade)/
near coastal.
    11. Operator, uninspected towing vessels, Great Lakes/inland.
    12. Operator, uninspected 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 10.910-2--License Codes                                                             
--------------------------------------------------------------------------------------------------------------------------------------------------------
                   Examination topics                      1   2   3   4   5   6   7   8   9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24
--------------------------------------------------------------------------------------------------------------------------------------------------------
Navigation and position determination:                                                                                                                  
    Ocean Track Plotting:                                                                                                                               
        Middle Latitude Sailing.........................   1   1       1   1                                                                            
        Mercator Sailing................................   X   X       1   1                                                                            
        Great Circle Sailing............................   1   1       1                                                                                
        Parallel Sailing................................   1   1       1   1                                                                            
        ETA.............................................   X   X   1   X   X                                                                            
    Piloting:                                                                                                                                           
        Distance Off....................................       X   X   X   X   X   X   X   X   X   X       X   X   X   X   X                   X   X   X
        Bearing Problems................................       X   X   X   X   X   X   X   X   X   X       X   X   X   X   X                   X   X   X
        Fix or Running Fix..............................       X   X   X   X   X   X   X   X   X   X       X   X   X   X   X                   X   X   X
        Chart Navigation................................       X   X   X   X   X   X   X   X   X   X   2   X   X   X   X   X   2   2   2   2   X   X   X
        Dead Reckoning..................................       X   X   X   X   X   X   X   X   X   X       X   X   X   X   X                   X   X   X
    Celestial Observations:                                                                                                                             
        Special Cases (hi/lo Alt., Backsight)...........   1                                                                                            
        Latitude by Polaris.............................   1   1   1   1                                                                                
        Latitude by Meridian Transit....................   1                                                                                            
        Lat. by Meridian Transit (Sun Only).............   X   X   1   X   X   1   1           1                                               1   1    
        Fix or Running Fix (Any Body)...................   X   X   1   X                                                                       1        
        Fix or Running Fix (Sun Only)...................                   X   1   1           1                                                   1    
        Star Identification.............................   1   1   1   1                                                                                
        Star Selection..................................   1   X   1   X                                                                           1    
    Times of Celestial Phenomena:                                                                                                                       
        Time of Meridian Transit........................   1                                                                                            
        Time of Meridian Transit (Sun Only).............   X   X   1   X   X   1   1           1                                               1   1    
        Second Estimate Meridian Transit................   1                                                                                            
            Zone Time Sun Rise/Set/Twilight.............   X   X   1   1   1   1   1           1                                                   1   1
            Zone Time Moon Rise/Set.....................   X   X       1                                                                                
        Speed by RPM....................................   X   X       X                                   3                                            
        Fuel Conservation...............................   X   X                                           3                                            
        Electronic Navigation...........................   X   X   X   X   X   X   X   X   X   X   X       X   X   X   X   X                   X   X   X
        Instruments and Accessories.....................   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X
        Aids To Navigation..............................   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X
        Charts, Navigation Publications, and Notices to                                                                                                 
         Mariners.......................................   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X
        Naut. Astronomy & Nav. Definitions..............   X   X       X   X                                                                            
        Chart Sketch....................................                                                                                               4
Seamanship:                                                                                                                                             
    Marlinspike Seamanship..............................               X   X   X   X   X   X   X   X   X       X       X   X   X   X   X   X   X   X   X
    Purchases, Blocks and Tackle........................               X   X   X   X           X   X   X       X       X   X   X   X   X   X   X   X   X
    Small Boat Handling Under Oars or Sail..............               X   X                               X   X                                        
Watchkeeping:                                                                                                                                           
    COLREGS.............................................   X   X   X   X   X   X   X   X   5   X   5       5   5   5   5   5                   X   X   5
    Inland Navigational Rules...........................   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X
    Basic Principles, Watchkeeping......................   X   X   X   X   X   X   X           X   X   X   X   X   X   X   X   X   X   X   X            

[[Page 153]]

                                                                                                                                                        
    Navigation Safety Regs. (33 CFR 164)................   X   X       X   X                               X   X               X               6   6   6
Radar Equipment:                                                                                                                                        
    Radar Observer Certificate..........................   X   X   X   X   X   X   1           1           X   X               X               X   X   X
Compass-Magnetic and Gyro:                                                                                                                              
    Principles of Gyro Compass..........................   X   X   X   X   X   X                           X   X   X   X                       X   X    
    Principles of Magnetic Compass......................   X   X   X   X   X   X                       X   X   X   X   X   X   X   X   X   X   X   X   X
    Magnetic Compass Adjustment.........................   X   X                                           X   X                                        
    Gyro Compass Error/Correction.......................   X   X   X   X   X   X   7               X   X   X   X   X   X   7                   X   X   X
    Magnetic Compass Error/Correction...................   X   X   X   X   X   X   X   X   X   X   X       X   X   X   X   X                   X   X   X
        Determination of Compass Error:                                                                                                                 
            Azimuth (Any Body)..........................   X   X       1                                                                                
            Azimuth (Sun Only)..........................           1       X   1   1           1           3                                   1   1    
            Amplitude (Any Body)........................   X                                                                                            
            Amplitude (Sun Only)........................       X   1   X   X   1   1           1           3                                   1   1    
            Deviation Table Construction................   X   X   1   X   X                               3                                            
            Terrestrial Observation.....................       X   X   X   X   X   X   X   X   X   X       X   X   X   X   X                   X   X   X
        Gyro Controlled Systems.........................   X   X   X   X       X                                                                        
        Operation & Care of Main Gyro Systems...........   X   X   X   X       X                                                                        
Meteorology and Oceanography:                                                                                                                           
    Characteristics of Weather Systems..................       X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X
    Ocean Current Systems...............................       X   X   X   X                                                                   X   X    
    Weather Charts and Reports..........................       X   X   X   X       X           X                                               X        
        Tides and Tidal Currents:                                                                                                                       
            Extensive Tidal Effects.....................   X   X   X                                                                                    
            Terms and Definitions.......................       X   X   X   X   X   X   X   X   X   X       X   X   X   X   X                   X   X   X
            Publications................................       X   X   X   X   X   X   X   X   X   X       X   X   X   X   X                   X   X   X
            Calculations................................       X   X   X   X   X   X   X   X   X   X       X   X   X   X   X                   X   X   X
Ship Maneuvering and Handling:                                                                                                                          
    Approaching Pilot Vessel or Station.................   X   X   X           X                                                                       X
    Shiphandling in Rivers, Estuaries...................   X   X   X           X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X       X
    Maneuvering in Shallow Water........................   X   X   X           X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X       X
    Interaction with Bank/Passing Ship..................   X   X   X           X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X       X
    Berthing and Unberthing.............................   X   X   X           X   X   X   X   X           X   X   X       X   X   X       X   X       X
    Anchoring and Mooring...............................       X   X   X   X   X   X   X   X   X           X   X   X   X   X                   X   X   X
    Dragging, Clearing Fouled Anchors...................       X   X   X   X   X   X                       X   X   X   X   X                   X        
    Drydocking, with & without Prior Damage.............       X   X                                                                                    
    Heavy Weather Operations............................       X   X               X   X   X                               X                   X   X    
    Maneuvering for Launching of Lifeboats and Liferafts                                                                                                
     in Heavy Weather...................................       X   X               X           X           X       X                           X   X    
    Receiving Survivors From Lfbts/Lfrfts...............       X   X               X           X   X                                                    
    General: Turn Circle, Pivot Point, Advance and                                                                                                      
     Transfer...........................................               X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X
    Determine Maneuvering Characteristics of Major                                                                                                      
     Vessel Types.......................................       X       X   X                                                                            
    Wake Reduction......................................       X   X               X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X       X
    Ice Operations/Ice Navigation.......................   X   X   X           X               X   X   X   X   3   X   3                                
    Towing Operations...................................       X   X   X   X   X   X           X   X   X       X       X   X   X   X   X   X            
Ship Stability, Construction, and Damage Control:                                                                                                       
    Principles of Ship Construction.....................       X   X   X   X       X                       X   3   X   3   X   X   X                    
    Trim and Stability..................................   X   X   X   X   X   X   X           X   X   X   X   3   X   3   X   X   X       X   X   X    
    Damage Trim and Stability...........................   X   X   X           X   7                                                                    
    Stability, Trim, and Stress Calculation.............   X   X   X   X           7                                                                    
    Vessel Structural Members...........................       X   X   X   X   X   7                           X   X   3   7                            
    IMO Ship Stability Recommendations..................   X   X                                                                                        
    Damage Control......................................   X   X   X           X       7                               7                                
    Change in Draft Due to Density......................   X   X                                                                                        
Ship Power Plants:                                                                                                                                      
    Marine Power Plant Operating Principles.............       X   X               7                       X       X       7   X   X                    
    Ships' Auxiliary Machinery..........................       X   X                                   X           X           X   X                    
    Marine Engineering Terms............................       X   X               7                       X       X       7   X   X                    
    Small Engine Operations and Maintenance.............                           X   X   X                               X           X                
Cargo Handling and Stowage:                                                                                                                             
    Cargo Stowage and Security, Including Cargo Gear....       X   X   X   X   X   7                       X   X   X   X   7   X   X   X                
    Loading and Discharging Operations..................       X   X   X   X   X                           X   X   X   X       X   X   X                
    International Regulations for Cargoes, Especially                                                                                                   
     IMDG...............................................   X   X   X                                                                                    
    Dangerous/Hazardous Cargo Regulations...............   X   X   X   X   X   X                           X   X   X   X       X   X   X                

[[Page 154]]

                                                                                                                                                        
    Tank Vessel Safety..................................       X   X   X   X   X                           X   X   X   X       X   X   X                
    Cargo Piping and Pumping Systems....................       X   X   X   X   X                           X   X   X   X       X   X   X                
    Cargo Oil Terms and Definitions.....................       X   X   X   X   X                           X   X   X   X       X   X   X                
    Ballasting, Tank Clean., & Gas Free Ops.............       X   X   X   X   X                       X   X   X   X       X   X   X                    
    Load on Top Procedures..............................       X   X   X   X   X                       X   X   X   X       X   X   X                    
    Barge Regulations (Operations)......................                                       X   X   X                                                
Fire Prevention and Firefighting Appliances:                                                                                                            
    Organization of Fire Drills.........................       X   X   X   X   X   X           X   X   X   X   X   X   X   X   X   X   X   X   X   X    
    Classes and Chemistry of Fire.......................       X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X    
    Firefighting Systems................................       X   X   X   X   X   X           X   X   X   X   X   X   X   X   X   X   X   X   X   X    
    Firefighting Equip. and Regulations.................       X   X   X   X   X   7           X   X   X   X   X   X   X   7   X   X   X   7   X   X    
    Firefighting Equip. & Regs. for T-Boats.............                           X                                       X               X            
    Basic Firefighting and Prevention...................       X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X    
Emergency Procedures:                                                                                                                                   
    Ship Beaching Precautions...........................       X   X                                       X       X                                    
    Actions Prior To/After Grounding....................       X   X                                       X       X           X   X                    
    Refloating a Grounded Ship..........................       X   X                                       X       X           X   X                    
    Collision...........................................       X   X               X   X       X   X   X   X       X       X   X   X       X            
    Temporary Repairs...................................       X   X   X           X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X    
    Passenger/Crew Safety in Emergency..................       X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X            
    Fire or Explosion...................................       X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X    
    Abandon Ship Procedures.............................       X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X    
    Emergency Steering..................................       X   X   X                                   X       X           X   X           X   X    
    Rescuing Surv. From Ship/Airc. in Dist..............       X   X   X   X   X   X           X           X   X   X   X   X   X   X                    
    Man Overboard Procedures............................       X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X    
    Emergency Towing....................................   X   X   X               X           X                                                        
Medical Care:                                                                                                                                           
    Knowledge and use of:                                                                                                                               
        Int'l. Medical Guide for Ships..................       X   X                                                                                    
        Ship Med. Chest and Med. Aid at Sea.............       X   X                                                                                    
        Medical Sec., Inter. Code of Signals............       X   X   X   X                                                                            
        1st Aid Guide: Accidents with Dangerous Goods...       X   X                                                                                    
        First Aid.......................................       X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X    
Maritime Law:                                                                                                                                           
    International Maritime Law:                                                                                                                         
        Int'l. Convention on Load Lines.................   X   X   X                                                                                    
        SOLAS...........................................   X   X   X               7                                                                    
        MARPOL 73/78....................................   X   X   X   X   X                                                                            
        International Health Regulations................   X   X   X                                                                                    
        Other International Instruments for Ship/Pass./                                                                                                 
         Crew/Cargo Safety..............................   X   X   X                                                                                    
    National Maritime Law:                                                                                                                              
        Load Lines......................................   X   X   X           X   X           X   X       3   3   3   3   7                            
        Cert. and Documentation of Vessels..............   X   X   X               X   X   X   X   X   X   X       X       X   X   X       X   X        
        Rules & Regs. for Inspected Vessels.............   X   X   X   X   X   X   7                       X   X   X   X   7   X   X   X   7            
        Rules & Regs. for Inspected T-Boats.............                           X                                       X               X            
        Rules and Regs for Uninsp. Vessels..............                           X   X   X   X   X   X                   X               X   X   X    
        Pollution Prevention Regulations................   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X
        Pilotage........................................   X   X   X                                                                                   X
        Licensing & Certification of Seamen.............   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X    
        Shipment and Discharge, Manning.................   X       X               X           X           X       X           X   X                    
        Title 46 U.S. Code..............................   X   X   X                                       X       X           X   X                    
        Captain of the Port Regulations, Vessel Traffic                                                                                                 
         Service Procedures for the Route Desired.......                                                                                               X
Shipboard Management and Training:                                                                                                                      
    Personnel Management................................   X   X   X                                       X       X           X   X                    
    Shipboard Organization..............................   X   X   X                                       X       X           X   X                    
    Required Crew Training..............................   X   X   X                                       X       X           X   X                    
    Ship Sanitation.....................................   X   X   X               X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X    
    Vessel Alteration/Repair--Hot Work..................   X   X   X               X                       X       X           X   X                    
    Safety..............................................   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X    
Ship's Business:                                                                                                                                        
    Charters............................................   X   X   X                                                                                    
    Liens, Salvage......................................   X   X   X                                                                                    
    Insurance...........................................   X   X   X                                                                                    
    Entry, Clearance....................................   X   X   X                                                                                    
    Certificates and Documents Required.................   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X    
Communications:                                                                                                                                         
    Flashing Light......................................   X   X       X   X                                                                            

[[Page 155]]

                                                                                                                                                        
    Radiotelephone Communications.......................       X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X
    Radiotelegraphy Emerg. Dist. Signals................       X       X   X                                                                            
    Signals: Storm/Wreck/Dist./Special..................       X   X   X   X   X   X   X   X   X   X       X   X   X   X   X   X   X   X   X   X   X    
    International Code of Signals.......................       X   X   X   X                                                                            
Lifesaving:                                                                                                                                             
    Survival at Sea.....................................       X   X   X   X   X   X           X                                               X   X    
    Lifesaving Appliance Regulations....................       X   X   X   X   X   7                       X   X   X       7   X   X   X   7            
    Lifesaving Appliance Regs. for T-Boats..............                           X                                       X               X            
    Lifesaving Appliance Operation......................       X   X   X   X   X   7   X   X   X   X       X   X   X   X   7   X   X   X   7   X   X    
    Lifesaving Appliance Ops. for T-Boats...............                           X                                       X               X            
Search and Rescue:                                                                                                                                      
    Search and Rescue Procedures........................   X   X   X                                                                                    
    AMVER...............................................   X   X   X                                                                                    
SAIL/AUXILIARY SAIL VESSELS ADDENDUM (8):                                                                                                               
    Any other subject considered necessary to establish                                                                                                 
     the applicant's proficiency........................   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X
--------------------------------------------------------------------------------------------------------------------------------------------------------
1--For ocean routes only.                                                                                                                               
2--River chart navigation only.                                                                                                                         
3--Topic covered only on Great Lakes specific module(s) taken for ``Great Lakes and inland'' routes.                                                    
4--Including recommended courses, distances, prominent aids to navigation, depths of waters in channels and over hazardous shoals, other important      
  features of the route, such as character of the bottom. The OCMI may accept chart sketching of only a portion or portions of the route for long or    
  extended routes.                                                                                                                                      
5--Take COLREGS if license not limited to non-COLREG waters.                                                                                            
6--For licenses over 1600 gross tons.                                                                                                                   
7--For licenses over 100 gross tons.                                                                                                                    
8--Sail vessel safety precautions, rules of the road, operations, heavy weather procedures, navigation, maneuvering, and sailing terminology. Applicants
  for sail/auxiliary sail endorsements to master, mate or operator of uninspected passenger vessels licenses are also tested in the subjects contained  
  in this addendum.                                                                                                                                     


[CGD 81-059a, 55 FR 14802, Apr. 18, 1990]



Sec. 10.920  Subjects for MODU licenses.

    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.

                 Table 10.920-1 Codes for MODU Licenses

1. OIM/Unrestricted
2. OIM/Surface Units Underway
3. OIM/Surface Units on Location
4. OIM/Bottom Bearing Units Underway
5. OIM/Bottom Bearing Units on Location
6. Barge Supervisor
7. Ballast Control Operator

               Table 10.920-2.--Subjects for MODU Licenses              
------------------------------------------------------------------------
          Examination topics            1    2    3    4    5    6    7 
------------------------------------------------------------------------
Watchkeeping                                                            
  COLREGS............................   X    X   ...   X   ...   X   ...
  ``Basic Principles for Navigational                                   
   Watch''...........................   X    X    X    X    X    X   ...
  MODU obstruction lights............   X   ...   X   ...   X    X   ...
Meteorology and oceanography:                                           
  Synoptic chart weather forecasting.   X    X    X    X    X    X   ...
  Characteristics of weather systems.   X    X    X    X    X    X    X 
  Ocean current systems..............   X    X    X    X    X    X   ...
  Tide and tidal current publications   X    X    X    X    X    X   ...
Stability, ballasting, construction                                     
 and damage control:                                                    
  Principles of ship construction,                                      
   structural members................   X    X    X    X    X    X    X 
  Trim and stability.................   X    X    X    X    X    X    X 
  Damaged trim and stability                                            
   countermeasures...................   X    X    X    X   ...   X    X 
  Stability and trim calculations....   X    X    X    X         X    X 
  Load line requirements.............   X    X    X    X    X    X    X 
Operating manual:                                                       
  Rig characteristics and limitations   X    X    X    X    X    X    X 
  Hydrostatics data..................   X    X    X    X   ...   X    X 
  Tank tables........................   X    X    X    X    X    X    X 
  KG limitations.....................   X    X    X    X   ...   X    X 
  Severe storm instructions..........   X    X    X    X    X    X    X 
  Transit instructions...............   X    X   ...   X   ...   X    X 
  On-station instructions............   X   ...   X   ...   X    X    X 
  Unexpected list or trim............   X    X    X    X   ...   X    X 
  Ballasting procedures..............   X    X    X   ...  ...   X    X 
  Operation of bilge system..........   X    X    X    X   ...   X    X 
  Leg loading calculations...........   X   ...  ...   X    X   ...  ...

[[Page 156]]

                                                                        
  Completion of variable load form...   X    X    X    X    X    X    X 
  Evaluation of variable load form...   X    X    X    X    X    X    X 
  Emergency procedures...............   X    X    X    X    X    X    X 
Maneuvering and handling:                                               
  Anchoring and anchor handling......   X    X    X   ...  ...   X   ...
  Heavy weather operations...........   X    X    X    X    X    X    X 
  Mooring, positioning...............   X    X    X    X   ...   X    X 
  Moving, positioning................   X    X   ...   X   ...   X   ...
Fire prevention and firefighting                                        
 appliances:                                                            
  Organization of fire drills........   X    X    X    X    X    X    X 
  Classes and chemistry of fire......   X    X    X    X    X    X    X 
  Firefighting systems...............   X    X    X    X    X    X    X 
  Firefighting equipment and                                            
   regulations.......................   X    X    X    X    X    X    X 
  Basic firefighting and prevention                                     
   of fires..........................   X    X    X    X    X    X    X 
Emergency procedures and contingency                                    
 plans:                                                                 
  Temporary repairs..................   X    X    X    X   ...   X   ...
  Fire or explosion..................   X    X    X    X    X    X    X 
  Abandon unit.......................   X    X    X    X    X    X    X 
  Man overboard......................   X    X    X    X    X    X    X 
  Heavy weather......................   X    X    X    X    X    X    X 
  Collision..........................   X    X    X    X    X    X    X 
  Failure of ballast control system..   X    X    X   ...  ...   X    X 
  Mooring emergencies................   X   ...   X   ...  ...   X    X 
  Blowouts...........................   X   ...   X   ...   X    X    X 
  H2S safety.........................   X   ...   X   ...   X    X    X 
General Engineering--Power plants and                                   
 auxiliary systems:                                                     
  Marine engineering terminology.....   X    X    X    X    X    X    X 
  Engineering equipment, operations                                     
   and failures......................   X    X    X    X    X    X   ...
  Offshore drilling operations.......  ...  ...  ...  ...  ...  ...   X 
Deck seamanship--general:                                               
  Transfer of personnel..............   X    X    X    X    X    X   ...
  Support boats/helicopters..........   X    X    X    X    X    X   ...
  Cargo stowage and securing.........   X    X    X    X    X    X   ...
  Hazardous materials/dangerous goods                                   
   precautions.......................   X    X    X    X    X    X   ...
  Mooring equipment..................   X    X    X    X    X    X   ...
  Crane use procedures and                                              
   inspections.......................   X    X    X    X    X    X   ...
Medical care:                                                           
  Knowledge and use of:                                                 
    First aid........................   X    X    X    X    X    X    X 
    First response medical action....   X    X    X    X    X    X    X 
Maritime law and regulation:                                            
  National maritime law:                                                
    Certification and documentation                                     
     of vessels......................   X    X    X    X    X   ...  ...
    Ship sanitation..................   X    X    X    X    X   ...  ...
    Regulations for vessel inspection   X    X    X    X    X   ...  ...
    Pollution prevention regulations.   X    X    X    X    X    X    X 
    Licensing and certification                                         
     regulations.....................   X    X    X    X    X   ...  ...
    Rules and regulations for MODUs..   X    X    X    X    X    X   ...
    International Maritime law:......  ...  ...  ...  ...  ...  ...  ...
    International Maritime                                              
     Organization....................   X    X    X    X    X   ...  ...
    International Convention on Load                                    
     Lines...........................   X    X    X    X   ...  ...   X 
    MARPOL 73/78.....................   X    X    X    X    X   ...  ...
Personnel Management and Training:                                      
  Ship's business including:                                            
    Required logs and record keeping.   X    X    X    X    X    X   ...
    Casualty reports and records.....   X    X    X    X    X   ...     
------------------------------------------------------------------------


                                                                        
                                                                        
Communications:                                                         
  Radio communications and FCC permit   X    X    X    X    X    X      
Radiotelephone procedures............   X    X    X    X    X    X      
Lifesaving/Survival:                                                    
  Lifesaving appliance operation                                        
   (launching, boat handling)........   X    X    X    X    X    X    X 
  Procedures/rules for lifeboats,                                       
   survival suits, PFDs, liferafts                                      
   and emergency signals.............   X    X    X    X    X    X    X 
  Emergency radio transmissions......   X    X    X    X    X    X    X 
  Survival at sea....................   X    X    X    X    X    X    X 


[CGD 81-059a, 55 FR 14802, Apr. 18, 1990]
Sec. 10.950

[[Page 157]]



Sec.  10.950  Subjects for engineer licenses.                                                                   
                                                                                                                


                                                      Table 10.950.--Subjects for Engineer Licenses                                                     
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  Unlimited      Unlimited    Unlimited    Unlimited      Chief     A/E Ltd &   Unin.   Fish.  DDE Ltd HP               
                                    chief        1st asst.    2nd asst.    3rd asst.    engineer   DDE unlim.  ind. C/ vsl. A/------------  MODU   MODU 
                                   engineer      engineer      engineer     engineer     limited  ------------    E       E                 ch.    asst.
                               -------------------------------------------------------------------            ----------------  STM   MTR   eng.   eng. 
                                  STM    MTR     STM    MTR   STM    MTR   STM    MTR   STM   MTR   STM   MTR    MTR     MTR                            
--------------------------------------------------------------------------------------------------------------------------------------------------------
General Subjects:                                                                                                                                       
  Prints and Tables...........  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P-T   P-T   P-T    P-T   
  Pipes, Fittings, Valves.....  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P       P     P     P-T    P     
  Hydraulics..................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P       P     P     P-T    P-T   
  Bilge Systems...............  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P       P     P     P-T    P     
  Sanitary/Sewerage Systems...  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P       P     P     P      P     
  Freshwater Systems..........  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P     P     P     P     P-T     P       P     P     P-T    P-T   
  Lubricants..................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P-T    P     
  Lubrication Systems.........  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P      P     
  Automation Systems..........  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P       P       P     P     P-T    P     
  Control Systems.............  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P       P       P     P     P-T    P-T   
  Propellers/Shafting Systems.  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P       P       P     P     .....  ......
  Machine Shop................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P       P       P     P     P      P     
  Distilling Systems..........  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P       P       P     P     P      P     
  Pumps.......................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P-T    P     
  Compressors.................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P-T    P     
  Administration..............  P-T     P-T    P-T     P-T   P-T    P-T   P      P     P     P     P     P     P       P       P     P     P-T    P     
  Governors...................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P     P     P     P     P       P       P     P     P-T    P-T   
  Cooling Systems.............  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P       P     P     P      P     
  Bearings....................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P       P     P     P      P     
  Instruments.................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P       P     P     P      P     
  Ship Construction and Repair  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P-T    P     
  Theory......................  T       T      T       T     T      T     T      T     T     T     T     T     T       T       T     T     T      T     
  Steering Systems............  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     .....  ......
  Deck Machinery..............  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P       P       P     P     P      P     
  Ventilation Systems.........  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P     P     P     P     P       P       P     P     P      P     
  Thermodynamics..............  T       T      T       T     T      T     T      T     ....  ....  ....  ....  ......  ......  ....  ....  .....  ......
  Watch Duties................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P       P     P     P-T    P-T   
Refrigeration and Air                                                                                                                                   
 Conditioning:                                                                                                                                          
  Theory......................  T       T      T       T     T      T     T      T     T     T     T     T     T       T       T     T     T      T     
  Air Conditioning Systems....  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P       P       P     P     P      P     
  Refrigeration Systems.......  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P       P       P     P     P      P     
  Control Systems.............  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P       P       P     P     P      P     
  Safety......................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P       P     P     P      P     
  Casualty Control............  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P       P     P     P      P     
Electricity:                                                                                                                                            
  Theory......................  T       T      T       T     T      T     T      T     T     T     T     T     T       T       T     T     T      T     
  General Maintenance.........  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P-T    P-T   
  Generators..................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P-T    P-T   
  Motors......................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P-T    P-T   

[[Page 158]]

                                                                                                                                                        
  Motor Controllers...........  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P-T    P-T   
  Propulsion Systems..........  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P     P     P-T     P-T     P     P     P      P     
  Distribution Systems........  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P      P     
  Electronic Systems..........  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P     P     P       P       P     P     P-T    P-T   
  Batteries...................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P      P     
  Communications..............  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P     P     P       P-T     P     P     P      P     
  Safety......................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P-T    P-T   
  Casualty Control............  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P-T    P-T   
Steam Generators:                                                                                                                                       
  Steam.......................  P-T     P      P-T     P     P-T    P     P-T    P     P-T   ....  P-T   ....  P       P       P     ....  P-T    ......
  Main Boilers................  P-T     .....  P-T     ....  P-T    ....  P-T    ....  P-T   ....  P-T   ....  ......  ......  P-T   ....  .....  ......
  Auxiliary Boilers...........  ......  P-T    ......  P-T   .....  P-T   .....  P-T   ....  P-T   ....  P-T   P       P       ....  P     P-T    P-T   
  Feedwater Systems...........  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   ....  P-T   ....  P       P       P-T   ....  P-T    P     
  Condensate Systems..........  P-T     P-T    P-T     P     P-T    P     P-T    P     P-T   ....  P-T   ....  ......  ......  P-T   ....  P-T    P     
  Recovery Systems............  P-T     P-T    P-T     P     P-T    P     P-T    P     P-T   ....  P-T   ....  P       P       P-T   ....  P-T    P     
  Fuel........................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P-T   P     P-T    P-T   
  Fuel Systems................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P-T   P     P-T    P-T   
  Boiler Water................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P     P-T   P     P       P       P-T   ....  P-T    P     
  Control Systems.............  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   ....  P       P       P-T   P-T   .....        
  Automation Systems..........  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   ....  P       P       P-T   ....  P-T    ......
  Safety......................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P     P       P       P-T   P     P-T    P     
  Casualty Control............  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P     P       P       P-T   P     P-T    P     
Steam Engines:                                                                                                                                          
  Main Turbine................  P-T     .....  P-T     ....  P-T    ....  P-T    ....  P-T   ....  P-T   ....  ......  ......  P-T   ....  .....  ......
  Auxiliary Turbine...........  P-T     P      P-T     P     P-T    P     P-T    P     P-T   ....  P-T   ....  ......  ......  P-T   ....  .....  ......
  Reciprocating Machines......  P-T     .....  P-T     ....  P-T    ....  P-T    ....  P-T   ....  P-T   ....  ......  ......  P-T   ....  .....  ......
  Governor Systems............  P-T     P      P-T     P     P-T    P     P-T    P     P-T   ....  P-T   ....  ......  ......  P-T   ....  .....  ......
  Control Systems.............  P-T     P      P-T     P     P-T    P     P-T    P     P-T   ....  P-T   ....  ......  ......  P-T   ....  .....  ......
  Automation Systems..........  P-T     .....  P-T     ....  P-T    ....  P-T    ....  P-T   ....  P-T   ....  ......  ......  P-T   ....  .....  ......
  Lubrication Systems.........  P-T     P      P-T     P     P-T    P     P-T    P     P-T   ....  P-T   ....  ......  ......  P-T   ....  .....        
  Drive Systems...............  P-T     .....  P-T     ....  P-T    ....  P-T    ....  P-T   ....  P-T   ....  ......  ......  P-T   ....  .....  ......
  Safety......................  P-T     P      P-T     P     P-T    P     P-T    P     P-T   ....  P-T   ....  ......  ......  P-T   ....  .....  ......
  Casualty Control............  P-T     P      P-T     P     P-T    P     P-T    P     P-T   ....  P-T   ....  ......  ......  P-T   ....  .....  ......
Motor:                                                                                                                                                  
  Main Engines................  ......  P-T    ......  P-T   .....  P-T   .....  P-T   ....  P-T   ....  P-T   P-T     P-T     ....  P-T   .....  ......
  Auxiliary Engines...........  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P-T   P-T    P     
  Starting Systems............  P       P-T    P       P-T   P      P-T   P      P-T   P     P-T   P     P-T   P-T     P-T     ....  P-T   P-T    P     
  Lubrication Systems.........  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P-T   P-T   P      P     
  Fuel........................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P-T   P-T   P      P     
  Fuel Systems................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P-T   P-T   P      P     
  Combustion Systems..........  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P     P-T   P     P-T   P-T     P-T     ....  P-T   P      P     
  Intake Systems..............  P       P-T    P       P-T   P      P-T   P      P-T   P     P-T   P     P-T   P-T     P-T     ....  P-T   P      P     
  Exhaust Systems.............  P       P-T    P       P-T   P      P-T   P      P-T   P     P-T   P     P-T   P-T     P-T     ....  P-T   P      P     

[[Page 159]]

                                                                                                                                                        
  Cooling Systems.............  P       P-T    P       P-T   P      P-T   P      P-T   P     P-T   P     P-T   P-T     P-T     ....  P-T   P      P     
  Supercharging Systems.......  P       P-T    P       P-T   P      P-T   P      P-T   P     P-T   P     P-T   P-T     P-T     ....  P-T   .....  ......
  Drive Systems...............  P       P-T    P       P-T   P      P-T   P      P-T   ....  P-T   ....  P-T   P-T     P-T     ....  P-T   P      P     
  Control Systems.............  P       P-T    P       P-T   P      P-T   P      P-T   P     P-T   P     P-T   P-T     P-T     ....  P-T   P      P-T   
  Automation Systems..........  P       P-T    P       P-T   P      P-T   P      P-T   P     P-T   P     P-T   P-T     P-T     ....  P-T   P-T    P-T   
  Governors...................  P       P-T    P       P-T   P      P-T   P      P-T   P     P-T   P     P-T   P-T     P-T     ....  P-T   P      P     
  Turbines....................  P       P-T    P       P-T   P      P-T   P      P-T   P     P-T   P     P-T   P-T     P-T     ....  P-    P      P     
  Safety......................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P-T   P-T   P-T    P-T   
  Casualty Control............  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P-T   P-T   P-T    P-T   
Safety:                                                                                                                                                 
  Fire........................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P-T   P-T   P-T    P-T   
  Fire Prevention.............  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P-T   P-T   P-T    P-T   
  Fire Fighting...............  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P-T   P-T   P-T    P-T   
  Flooding....................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P-T    P-T   
  Dewatering..................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P-T    P-T   
  Stability and Trim..........  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P-T    P-T   
  Damage Control..............  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P-T    P-T   
  Emergency Equipment and       P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P-T    P-T   
   Lifesaving Appliances.                                                                                                                               
  General Safety..............  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P-T    P-T   
  First Aid...................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P-T    P-T   
  Dangerous Materials.........  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P-T    P-T   
  Pollution...................  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P-T    P-T   
  Inspections and Surveys.....  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P-T    P-T   
  U.S. Rules and Regulations..  P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P-T    P-T   
  International Rules and       P-T     P-T    P-T     P-T   P-T    P-T   P-T    P-T   P-T   P-T   P-T   P-T   P-T     P-T     P     P     P-T    P-T   
   Regulations.                                                                                                                                         
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:                                                                                                                                                  
    P=Practical Knowledge.                                                                                                                              
    T=Theoretical Knowledge.                                                                                                                            



[CGD 81-059, 52 FR 38623 and 38669, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 147, Jan. 4, 1989; CGD 81-   
 059a, 55 FR 14804, Apr. 18, 1990]                                                                              
                                                                                                                


[[Page 160]]



PART 12--CERTIFICATION OF SEAMEN--Table of Contents




                         Subpart 12.01--General

Sec.
12.01-1  Purpose of regulations.
12.01-5  Authority for regulations.
12.01-6  Definitions of terms used in this part.
12.01-7  Regional Examination Centers.

          Subpart 12.02--General Requirements for Certification

12.02-3  Where documents are issued.
12.02-4  Basis for denial of documents.
12.02-5  Form in which documents are issued.
12.02-7  When documents are required.
12.02-9  Application for documents.
12.02-10  Applications for documents from aliens.
12.02-11  General provisions respecting merchant mariner's documents.
12.02-13  Citizenship requirements.
12.02-14  Nationality of aliens.
12.02-15  Oath requirement.
12.02-17  Rules for the preparation and issuance of documents.
12.02-18  Fees.
12.02-19  Suspension or revocation of documents.
12.02-21  Issuance of documents after revocation.
12.02-23  Issuance of duplicate documents.
12.02-24  Reporting loss or recovery of continuous discharge book, 
          merchant mariners document, or certificate of discharge.
12.02-25  Right of appeal.
12.02-27  Requirements for renewal of a merchant mariner's document.
12.02-29  Expiration of existing merchant mariner's documents.

                       Subpart 12.05--Able Seamen

12.05-1  Certification required.
12.05-3  General requirements.
12.05-5  Physical requirements.
12.05-7  Service or training requirements.
12.05-9  Examination and demonstration of ability.
12.05-11  General provisions respecting merchant mariner's documents 
          endorsed as able seaman.

     Subpart 12.07--General Requirements for Issuance of Temporary 
   Certificates of Service, for Able Seamen on Offshore Supply Vessels

12.07-1  Eligibility.
12.07-5  Application procedure.
12.07-7  Service under an acknowledgment of application.
12.07-10  Issuance of temporary certificates of service.
12.07-15  Requirements for temporary certificates of service.
12.07-20  Possession of temporary certificate of service or 
          acknowledgment of application.

                       Subpart 12.10--Lifeboatman

12.10-1  Certification required.
12.10-3  Service or training requirements.
12.10-5  Examination and demonstration of ability.
12.10-7  General provisions respecting merchant mariner's documents 
          endorsed as lifeboatman.

        Subpart 12.15--Qualified Member of the Engine Department

12.15-1  Certification required.
12.15-3  General requirements.
12.15-5  Physical requirements.
12.15-7  Service or training requirements.
12.15-9  Examination requirements.
12.15-11  General provisions respecting merchant mariner's documents 
          endorsed as qualified member of the engine department.
12.15-13  Deck engine mechanic.
12.15-15  Engineman.

     Subpart 12.17--General Requirements for Issuance of Temporary 
Certificates of Service for Qualified Member of the Engine Department on 
                         Offshore Supply Vessels

12.17-1  Eligibility.
12.17-5  Application procedure.
12.17-7  Service under an acknowledgment of application.
12.17-10  Issuance of temporary certificates of service.
12.17-15  Requirements for temporary certificates of service.
12.17-20  Possession of temporary certificate of service or 
          acknowledgment of application.

   Subpart 12.25--Certificates of Service for Ratings Other Than Able 
           Seaman or Qualified Member of the Engine Department

12.25-1  Certification required.
12.25-10  General requirements.
12.25-20  Food handler.
12.25-25  Members of Merchant Marine Cadet Corps.
12.25-30  Student observers.
12.25-35  Apprentice engineers.
12.25-40  Apprentice mate.


[[Page 161]]


    Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110, 7301, 7302, 
7503, 7505, 7701; 49 CFR 1.46.

    Source: CGFR 65-50, 30 FR 16640, Dec. 30, 1965, unless otherwise 
noted.



                         Subpart 12.01--General



Sec. 12.01-1  Purpose of regulations.

    (a) The purpose of the regulations in this part is to provide a 
comprehensive and adequate means of determining the identity or the 
qualifications an applicant must possess in order to be eligible for 
certification to serve on merchant vessels of the United States.



Sec. 12.01-5  Authority for regulations.

    (a) General. The authority to prescribe regulations generally is set 
forth in R.S. 4405 and 4462, as amended (46 U.S.C. 375, 416), and sec. 7 
of the act of June 25, 1936, as amended (49 Stat. 1936; 46 U.S.C. 689), 
as well as in other provisions of titles 52 and 53 of the Revised 
Statutes and acts amendatory thereof or supplemental thereto. Under the 
provisions of R.S. 4403, as amended (46 U.S.C. 372), the Commandant, 
United States Coast Guard, superintends the administration of the vessel 
inspection laws and is required to produce a correct and uniform 
administration of the inspection laws, rules, and regulations. Under the 
provisions of section 2 of the act of July 5, 1885 (23 Stat. 118, 46 
U.S.C. 2) the Commandant, United States Coast Guard, and the 
Commissioner of Customs, Bureau of Customs, have general superintendence 
of the commercial marine and merchant seamen of the United States, so 
far as vessels and seamen are not, under the existing laws, subject to 
the supervision of any other officer of the Government.
    (b) Certification of seamen. The regulations regarding requirements 
for certification of seamen interpret or apply R.S. 4551, as amended, 
sec. 13, 38 Stat. 1169, as amended by sec. 1, 49 Stat. 1930, and secs. 
1, 2, 50 Stat. 199, and modified by 52 Stat. 753, 55 Stat. 579, and 55 
Stat. 732; and sec. 3, 68 Stat. 675; 46 U.S.C. 643, 672, 672b, 672-1, 
672-2, 50 U.S.C. 198.
    (c) Lifeboatman. The regulations regarding lifeboatman interpret or 
apply R.S. 4417a and 4488, as amended (46 U.S.C. 391a, 481), and sec. 3, 
68 Stat. 675 (50 U.S.C. 198).

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 79-116, 60 FR 
17142, Apr. 4, 1995]



Sec. 12.01-6  Definitions of terms used in this part.

    Conviction means the applicant for a merchant mariner's document has 
been found guilty by judgment or plea by a court of record of the Untied 
States, the District of Columbia or any State or territory of the United 
States of a criminal felony or misdemeanor or of an offense described in 
section 205 of the National Driver Register Act of 1982 (49 U.S.C. 
30304). If an applicant pleads guilty or no contest, is granted deferred 
adjudication, or is required by the court to attend classes, make 
contributions of time or money, receive treatment, submit to any manner 
of probation or supervision, or forego appeal of a trial court's 
conviction, then the applicant will be considered to have received a 
conviction. A later expungement of the conviction will not negate a 
conviction unless it is proved to the OCMI that the expungement is based 
upon a showing that the court's earlier conviction was in error.
    Evaluation means processing an application, from the point of 
receipt to approval or rejection of the application, including review of 
all documents and records submitted with an application as well as those 
obtained from public records and databases.
    Fails a chemical test for dangerous drugs means that the result of a 
chemical test conducted in accordance with 49 CFR part 40 is reported as 
``positive'' for the presence of dangerous drugs or drug metabolites in 
an individual's system by a Medical Review Officer in accordance with 
that part.
    National Driver Register (NDR) means the nationwide repository of 
information on drivers maintained by the National Highway Traffic Safety 
Administration as provided under 49 U.S.C. Chapter 303.
    NDR listed convictions means a conviction of any of the following 
motor vehicle-related offenses or comparable offenses:

[[Page 162]]

    (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.
    Original document means the first merchant mariner's document issued 
to any person by the Coast Guard.
    Passes a chemical test for dangerous drugs means the result of a 
chemical test conducted in accordance with 49 CFR part 40 is reported as 
``negative'' by a Medical Review Officer in accordance with that part.
    Qualified rating means various categories of Able Seaman, Qualified 
Member of the Engine Department, Lifeboatman, or Tankerman endorsements 
on merchant mariner's documents.

[CGD 91-002, 58 FR 15238, Mar. 19, 1993, as amended by CGD 91-223, 60 FR 
4525, Jan. 23, 1995; CGD 91-212, 60 FR 65487, Dec. 19, 1995]



Sec. 12.01-7  Regional Examination Centers.

    Licensing and Certification functions are performed only by the 
Officer in Charge, Marine Inspection, at the following locations:

Boston, MA
New York, NY
Baltimore, MD
Charleston, SC
Miami, FL
New Orleans, LA
Houston, TX
Memphis, TN
St. Louis, MO
Toledo, OH
Long Beach, CA
San Francisco, CA
Seattle, WA
Anchorage, AK
Juneau, AK
Honolulu, HI
Portland, OR

Where the term Officer in Charge, Marine Inspection, or Marine 
Inspection Office is used within the context of this part it is to mean 
that Officer or Office at one of the above listed locations.

[CGD 82-033, 47 FR 28679, July 1, 1982, as amended by CGD 91-002, 58 FR 
15239, Mar. 19, 1993]



          Subpart 12.02--General Requirements for Certification



Sec. 12.02-3  Where documents are issued.

    (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 up-grading 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 Director, 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 Director, 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 
Director, National Maritime Center fully as to the circumstances.

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 95-072, 60 FR 
50460, Sept. 29, 1995]



Sec. 12.02-4  Basis for denial of documents.

    (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

[[Page 163]]

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 Sec. 12.02-9 will not be issued a merchant mariner's 
document.
    (c) Criminal Record Review. The Officer in Charge, Marine 
Inspection, may require a criminal record check of an applicant for a 
merchant mariner's document issued as an original or reissued with a new 
expiration date. An applicant conducting simultaneous merchant mariner's 
credential transactions shall undergo only one criminal record check. 
Applicants must provide written disclosure of all prior convictions at 
the time of application.
    (1) If a criminal record check is required by the Officer in Charge, 
Marine Inspection, applicants shall provide 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 the individual's criminal record 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 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 Sec. 1.03 of this chapter apply. 
No examination will be given pending decision on appeal.
    (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 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 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 the merchant 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.

[[Page 164]]

    (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 (c)(2) of this section has elapsed, then the Officer in 
Charge, Marine Inspection will grant the applicant the merchant 
mariner's document for which he or she has applied unless the Officer in 
Charge, Marine Inspection considers the applicant still unsuitable for 
service in the merchant marine. If the Officer in Charge, Marine 
Inspection disapproves an applicant with a conviction older than the 
maximum assessment period listed in Table 12.02-4(c), the Officer in 
Charge, Marine Inspection will notify the applicant in writing of the 
reason(s) for the disapproval including the Officer in Charge, Marine 
Inspection's reason(s) for considering a conviction older than the 
maximum assessment period listed in Table 12.02-4(c). The Officer in 
Charge, Marine Inspection will also inform the applicant, in writing, 
that the reconsideration and appeal procedures contained in Sec. 1.03 of 
this chapter apply.

    Table 12.02-4(c)--Guidelines for Evaluating Applicants for Merchant Mariner's Documents Who Have Criminal   
                                                   Convictions                                                  
----------------------------------------------------------------------------------------------------------------
                                                                      Assessment periods                        
                 Crime \1\                  --------------------------------------------------------------------
                                                          Minimum                            Maximum            
----------------------------------------------------------------------------------------------------------------
                                             Crimes Against Persons                                             
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Homicide (intentional).....................  7 years..........................  20 years.                       
Homicide (unintentional)...................  5 years..........................  10 years.                       
Assault (aggravated).......................  5 years..........................  10 years.                       
Assault (simple)...........................  1 year...........................  5 years.                        
Sexual Assault (rape, child molestation)...  5 years..........................  10 years.                       
Other crimes against persons \2\...........                                                                     
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                Vehicular Crimes                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Conviction involving fatality..............  1 year...........................  5 years.                        
Reckless Driving...........................  1 year...........................  2 years.                        
Racing on the Highway......................  1 year...........................  2 years.                        
Other vehicular crimes \2\.................                                                                     
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                          Crimes Against Public Safety                                          
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Destruction of Property....................  5 years..........................  10 years.                       
Other crimes against public safety \2\.....                                                                     
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                       Crimes Involving National Security                                       
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Terrorism, Acts of Sabotage, Espionage and   7 years..........................  20 years.                       
 related offenses.                                                                                              
                                                                                                                
----------------------------------------------------------------------------------------------------------------

[[Page 165]]

                                                                                                                
                                          Dangerous Drug Offenses 3,4,5                                         
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Trafficking (sale, distribution, transfer).  5 years..........................  10 years.                       
Dangerous drugs (Use or possession)........  1 year...........................  10 years.                       
Other dangerous drug convictions \6\.......                                                                     
----------------------------------------------------------------------------------------------------------------
\1\ Conviction of attempts, solicitations, aiding and abetting, accessory after the fact, and conspiracies to   
  commit the criminal conduct listed in this table carry the same minimum and maximum assessment periods        
  provided in the table.                                                                                        
\2\ Other crimes are to be reviewed by the Officer in Charge, Marine Inspection to determine the minimum and    
  maximum assessment periods depending on the nature of the crime.                                              
\3\ Applicable to original applications only. Any applicant who has ever been the user of, or addicted to the   
  use of, a dangerous drug shall meet the requirements of paragraph (a) of this section. Note: Applicants for   
  reissue of a merchant mariner's document with a new expiration date including a renewal or additional         
  endorsement(s), who have been convicted of a dangerous drug offense while holding a merchant mariner's        
  document, may have their application withheld until appropriate action has been completed by the Officer in   
  Charge, Marine Inspection under the regulations which appear in 46 CFR part 5 governing the administrative    
  actions against merchant mariner credentials.                                                                 
\4\ The OCMI may consider dangerous drug convictions more than 10 years old only if there has been a dangerous  
  drug conviction within the past 10 years.                                                                     
\5\ Applicants must demonstrate rehabilitation under paragraph (e) of this section, including applicants with   
  dangerous drug use convictions more than ten years old.                                                       
\6\ Other dangerous drug convictions are to be reviewed by the Officer in Charge, Marine Inspection on a case by
  case basis to determine the appropriate assessment period depending on the nature of the offense.             

    (d) National Driver Register. A merchant mariner's document will not 
be issued or reissued with a new expiration date unless the applicant 
consents to a check of the NDR for offenses described in section 
205(a)(3)(A) or (B) of the NDR Act (i.e., operation of a motor vehicle 
while under the influence of, or impaired by, alcohol or a controlled 
substance; and any traffic violations arising in connection with a fatal 
traffic accident, reckless driving, or racing on the highways). The 
Officer in Charge, Marine Inspection will not consider NDR listed civil 
convictions that are more than 3 years old from the date of request 
unless that information relates to the current suspension or revocation 
of the applicant's license to operate a motor vehicle. The Officer in 
Charge Marine Inspection may determine minimum and maximum assessment 
periods for NDR listed criminal convictions using Table 12.02-4(c). An 
applicant conducting simultaneous merchant mariner's credential 
transactions is subject to only one NDR check.
    (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 Sec. 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.

[[Page 166]]

    (4) An applicant may request an NDR file check for personal use in 
accordance with the Federal Privacy Act of 1974 (Pub. L. 93-579) by 
contacting the NDR at the following address: National Driver Register, 
Nassif Building, 400 7th Street SW., Washington, DC 20590.
    (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.

   Table 12.02-4(d)--Guidelines for Evaluating Applicants for Merchant Mariner's Documents Who Have NDR Motor   
                          Vehicle Convictions Involving Dangerous Drugs or Alcohol \1\                          
----------------------------------------------------------------------------------------------------------------
        No. of convictions                      Date of conviction                      Assessment period       
----------------------------------------------------------------------------------------------------------------
1................................  Less than 1 year...........................  1 year from date of conviction. 
1................................  More than 1, less than 3 years.............  Application will be processed,  
                                                                                 unless suspension, or          
                                                                                 revocation \2\ is still in     
                                                                                 effect. Applicant will be      
                                                                                 advised that additional        
                                                                                 conviction(s) may jeopardize   
                                                                                 merchant mariner credentials.  
1................................  More than 3 years old......................  Not necessary unless suspension 
                                                                                 or revocation is still in      
                                                                                 effect.                        
2 or more........................  Any less than 3 years old..................  1 year since last conviction and
                                                                                 at least 3 years from 2nd most 
                                                                                 recent conviction, unless      
                                                                                 suspension or revocation is    
                                                                                 still in effect.               
2 or more........................  All more than 3 years old..................  Application will be processed   
                                                                                 unless suspension or revocation
                                                                                 is still in effect.            
----------------------------------------------------------------------------------------------------------------
\1\ Any applicant who has ever been the user of, or addicted to the use of, a dangerous drug shall meet the     
  requirements of paragraph (a) of this section.                                                                
\2\ Suspension or revocation, when referred to in Table 12.02-4(d), means a State suspension or revocation of a 
  motor vehicle operator's license.                                                                             

    (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.

[CGFR 69-116, 35 FR 6860, Apr. 30, 1970, as amended by CGD 91-223, Jan. 
23, 1995; CGD 95-072, 60 FR 50460, Sept. 29, 1995; CGD 91-212, 60 FR 
65487, Dec. 19, 1995]



Sec. 12.02-5  Form in which documents are issued.

    (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.

[[Page 167]]



Sec. 12.02-7  When documents are required.

    (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 licensed 
officer and registered staff officer, shall possess a valid certificate 
of service, or merchant mariner's document representing such 
certificate, issued by an Officer in Charge, Marine Inspection.
    (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.



Sec. 12.02-9  Application for documents.

    (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\1/2\ inches) taken within 
one year and showing the full face at least one inch in height with head 
uncovered.
    (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 service, indicating the name of the vessels and dates on which he 
has had service, in what capacity and on what waters.
    (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

[[Page 168]]

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 Sec. 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 Sec. 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 
Sec. 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 Sec. 12.02-4(d).

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 74-178, 40 FR 
57673, Dec. 11, 1975; CGD 91-211, 59 FR 49300, Sept. 27, 1994; CGD 91-
223, 60 FR 4525, Jan. 23, 1995; CGD 91-212, 60 FR 65489, Dec. 19, 1995]



Sec. 12.02-10  Applications for documents from aliens.

    (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.



Sec. 12.02-11  General provisions respecting merchant mariner's documents.

    (a) As provided in Sec. 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, any unlicensed rating in the deck 
department except able seaman, and will be a certificate of service 
authorizing the holder to serve in any unlicensed capacity in the deck 
department except able seaman without being required to present his 
license. If a licensed deck officer qualifies as able seaman the 
merchant mariner's document will be endorsed, any unlicensed rating in 
the deck department including able seaman, and such endorsement will be 
deemed to include a certificate of efficiency as lifeboatman.
    (2) A merchant mariner's document issued to an engineer officer 
licensed for inspected vessels of over 2,000 horsepower will be endorsed 
for any unlicensed rating in the engine department, and will be a 
certificate of service authorizing the holder to serve in any unlicensed 
capacity in the engine department without being required to present his 
license. If a licensed engineer qualifies as a lifeboatman, the further 
endorsement, lifeboatman, will be placed on the merchant mariner's 
document.
    (3) A merchant mariner's document issued to a licensed radio officer 
will be endorsed as follows: See License as Radio Officer. If a licensed 
radio officer qualifies as a lifeboatman, the further endorsement, 
Lifeboatman, will be placed on the merchant mariner's document. 
Qualifications for other ratings

[[Page 169]]

for which a radio officer is eligible may also be endorsed on the 
document.
    (e)(1) A merchant mariner's document issued to a staff officer will 
be endorsed as follows: See Certificate of Registry. The holder of a 
certificate of registry as chief purser, purser, senior assistant 
purser, or junior assistant purser may also serve in any capacity in the 
staff department not requiring a certificate of registry without 
obtaining an additional endorsement on his merchant mariner's document.
    (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: 
Provided, That whenever such service includes the handling of food no 
person may be so employed unless his document bears the food handler's 
endorsement ``(F.H.).''
    (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.



Sec. 12.02-13  Citizenship requirements.

    (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 Charge, Marine Inspection. If the additional 
evidence produced satisfies the shipping commissioner or the Officer in 
Charge, Marine Inspection, to whom it is presented that the same is 
acceptable evidence of the citizenship of the person, such official may 
draw lines through the question marks and note the citizenship of the 
person in the space provided therefor, attesting the change, or reissue 
the certificate or document. Whenever such changes are made the official 
making the change shall immediately thereafter notify the Director, 
National Maritime Center.
    (c) Acceptable evidence of citizenship is set forth in Sec. 10.02-5 
of this subchapter.

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended at 60 FR 50460, 
Sept. 29, 1995]



Sec. 12.02-14  Nationality of aliens.

    (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 Director, National 
Maritime Center, for decision.

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 95-072, 60 FR 
50460, Sept. 29, 1995]

[[Page 170]]



Sec. 12.02-15  Oath requirement.

    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.

[CGD 91-211, 59 FR 49300, Sept. 27, 1994]



Sec. 12.02-17  Rules for the preparation and issuance of documents.

    (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) [Reserved]
    (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.

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 72-81R, 37 FR 
10834, May 31, 1972; 44 FR 21021, Apr. 9, 1979; CGD 91-211, 59 FR 49300, 
Sept. 27, 1994]



Sec. 12.02-18  Fees.

    (a) The following fees are required for merchant mariner's document 
activities in this part:
    (1) For evaluation for an original document, (does not apply if 
applicant holds a license or certificate of registry issued under part 
10 of this chapter), $17.
    (2) For evaluation for a merchant mariner's document endorsed with a 
qualified rating:
    (i) For an original merchant mariner's document, $77.
    (ii) For a merchant mariner's document other than original, $60.
    (iii) Where further evaluation is not required, such as when a 
merchant mariner's document is issued incident to a license transaction, 
no fee.
    (3) For administration of examination, $40.
    (4) For issuance of a document, $35.
    (5) For duplicate of a merchant mariner's document issued in this 
part where a fee is required in Sec. 12.02-23, $35.
    (6) For a duplicate continuous discharge book, record of sea 
service, or copies of certificates of discharge, $10.

[[Page 171]]

    (7) For renewal of a merchant mariner's document:
    (i) For evaluation for renewal of a merchant mariner's document 
endorsed with a qualified rating, $45.
    (ii) For evaluation for renewal of a merchant mariner's document 
when submitted with a license where a renewal evaluation fee already 
applies, no fee.
    (iii) For evaluation for renewal of a merchant mariner's document 
without qualified rating endorsement, no fee.
    (iv) For administration of open-book exercises required by 
Sec. 12.02-27, $40.
    (v) For administration of MMD open-book exercises when required in 
addition to license open-book exercises for concurrent renewal of these 
documents, only the license exercise fee in Sec. 10.109(c)(2) will 
apply.
    (vi) For issuance of a renewal of a merchant mariner's document 
including those issued for continuity purposes only, $35.
    (b) Unless otherwise directed, the prescribed fee must be paid as 
follows:
    (1) If an evaluation fee, at the time of application.
    (2) If an examination fee, prior to taking the first examination 
section at a Regional Examination Center. For examinations administered 
at locations other than a Regional Examination Center, the examination 
fee must be received by the Regional Examination Center at least one 
week in advance of the scheduled examination date.
    (3) If an issuance fee, prior to receiving the document.
    (c) Prescribed fees must be paid by one of the following options:
    (1) Mail-in. Payment by check or money order only, made payable to 
one of the following:
    (i) U.S. Coast Guard;
    (ii) U.S. Government;
    (iii) U.S. Treasury;
    (iv) U.S. Department of Transportation.
Fee payment must be made by check or money order with the applicant's 
(payor's) social security number included thereon.
    (2) In-person. Fee payment will be accepted by cash, check, or money 
order at Coast Guard units where Regional Examination Centers are 
located. Where an applicant makes payment by cash, payment must be in 
the exact amount. A check or money order must be payable as specified in 
paragraph (c)(1) of this section.
    (d) The following applies to anyone failing to pay a fee or charge 
established under this subpart:
    (1) 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.
    (2) 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 merchant mariner's 
document 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.

[CGD 91-002, 58 FR 15239, Mar. 19, 1993, as amended by CGD 91-211, 59 FR 
49301, Sept. 27, 1994]



Sec. 12.02-19  Suspension or revocation of documents.

    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 R.S. 4450, as amended (46 
U.S.C. 239).



Sec. 12.02-21  Issuance of documents after revocation.

    (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 Director, National Maritime Center.

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 95-072, 60 FR 
50460, Sept. 29, 1995]

[[Page 172]]



Sec. 12.02-23  Issuance of duplicate documents.

    (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 or other casualty as used in this section is 
interpreted to mean any damage to a ship caused by collision, explosion, 
tornado, wreck or flooding of the ship, such as a tidal wave or a 
grounding of the ship on a sand bar, or a beaching of the ship on a 
shore or by fire or other causes in a category with these mentioned.
    (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 Sec. 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 Sec. 12.01-7 by:
    (1) Completing the application form provided by the Coast Guard; and
    (2) Paying the fee set out in Sec. 12.02-18.
    (d) Each person issued a document described in Sec. 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 Sec. 12.02-10.

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by CGFR 71-168, 36 
FR 23297, Dec. 8, 1971; CGD 72-81R, 37 FR 10834, May 31, 1972; CGD 91-
002, 58 FR 15239, Mar. 19, 1993]



Sec. 12.02-24  Reporting loss or recovery of continuous discharge book, merchant mariners document, or certificate of discharge.

    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 Director, 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 Director, 
National Maritime Center.

[CGD 79-161, 44 FR 70155, Dec. 6, 1979, as amended by CGD 95-072, 60 FR 
50460, Sept. 29, 1995]



Sec. 12.02-25  Right of appeal.

    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.

[CGD 88-033, 54 FR 50379, Dec. 6, 1989]



Sec. 12.02-27  Requirements for renewal of a merchant mariner's document.

    (a) General.  Except as provided in paragraph (g) of this section, 
an applicant for renewal of a merchant mariner's document shall 
establish possession of all of the necessary qualifications before a 
merchant mariner's document is issued.
    (1) Each application must be on a Coast Guard furnished form and 
accompanied by the evaluation fee established in Sec. 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 Sec. 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

[[Page 173]]

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 
Sec. 12.02-29.
    (5) Each applicant shall comply with Sec. 12.02-09(b)(1) of this 
part.
    (b) Fitness. No merchant mariner's document will be renewed if it 
has been suspended without probation or revoked as a result of action 
under part 5 of this chapter, or facts which would render a renewal 
improper have come to the attention of the Coast Guard.
    (c) Professional requirements. (1) In order to renew a merchant 
mariner's document endorsed with a qualified rating, the applicant shall 
comply with one of the following:
    (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) Physical requirements. (1) An applicant for renewal of a 
merchant mariner's document endorsed with a qualified rating other than 
lifeboatman, shall submit a certification by a licensed physician or 
physician assistant that he or she is in good health and has no physical 
impairment or medical condition which would render him or her 
incompetent to perform the ordinary duties of that qualified rating(s). 
This certification must address visual acuity and hearing in addition to 
general physical condition, and must have been completed within the 
previous 12 months.
    (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 Sec. 10.205(d) of this 
chapter.
    (e) Special circumstances--(1) Reissuance after expiration, Period 
of grace. Except as provided in this paragraph, a merchant mariner's 
document may not be renewed more than 12 months after it has expired. To 
obtain a reissuance of a merchant mariner's document expired more than 
12 months, an applicant shall comply with the requirements of paragraph 
(f) of this section. When an applicant's merchant mariner's document 
expires during a time of service with the Armed Forces and there is no 
reasonable opportunity for renewal, including by mail, this 12-month 
period of grace may be extended. The period of military service 
following the date of merchant mariner's document expiration which 
precluded renewal may be added to the 12 month period of grace. The 12 
month period of grace, and any extension, do not affect the expiration 
date of the document. A merchant mariner's document, and any 
endorsements that it contains, are not valid for use after the 
expiration date.
    (2) Renewal in advance. A merchant mariner's document may not be 
renewed more that 12 months before expiration unless it is being renewed 
in conjunction with a license or certificate of registry which is either 
due for renewal or being upgraded, or unless the Officer in Charge, 
Marine Inspection is satisfied that special circumstances exist to 
justify renewal.

[[Page 174]]

    (3) Renewal by mail. (i) Applications for renewal of merchant 
mariner's documents by mail may be sent to any Coast Guard Regional 
Examination Center. The following documents must be submitted:
    (A) A properly completed application on a Coast Guard furnished 
form, and the evaluation fee required by Sec. 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) Concurrent renewal of merchant mariner's documents, and 
licenses, or certificates of registry. An applicant for concurrent 
renewal of more than one merchant mariner credential shall satisfy the 
individual renewal requirements and pay the applicable fees required by 
Secs. 12.02-18 and 10.109 of this chapter for each merchant mariner's 
document, license, or certificate of registry being renewed.
    (f) Reissuance of expired merchant mariner's documents. (1) Whenever 
an applicant applies for reissuance of a merchant mariner's document 
endorsed with qualified rating(s) more than 12 months after expiration, 
in lieu of the requirements of paragraph (c) of this section the 
applicant shall demonstrate continued professional knowledge for each 
qualified rating for which reissuance is sought by completing a course 
approved for this purpose or, by passing the complete examination for 
each rating, or by passing the examination for a related license 
required by Sec. 10.209(f)(1) of this chapter. The fees listed in 
Secs. 12.02-18 and 10.109 apply to these examinations.
    (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) Inactive document renewal. (1) Applicants for renewal of 
merchant mariner's documents that are endorsed with qualified ratings, 
who are unwilling or otherwise unable to meet the requirements of 
paragraphs (c) or (d) of this section may renew the merchant mariner's 
document, with the following restrictive endorsement placed on the 
document: ``Continuity only; service under document prohibited.'' 
Holders of merchant mariner's documents with this continuity endorsement 
may have the prohibition rescinded at any time by satisfying the renewal 
requirements in paragraphs (c) and (d) of this section and Sec. 12.02-
9(f) of this part.
    (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.

[CGD 91-211, 59 FR 49301, Sept. 27, 1994, as amended by CGD 91-223, 60 
FR 4525, Jan. 23, 1995]



Sec. 12.02-29  Expiration of existing merchant mariner's documents.

    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 Sec. 12.02-27.

[[Page 175]]



 Table 12.02-29.--Expiration of Merchant Mariner's Documents Issued With
                         No Expiration Date \1\                         
------------------------------------------------------------------------
                             Expiration year                            
-------------------------------------------------------------------------
     1999           1998           1997           1996          1995    
------------------------------------------------------------------------
                               Issue Year                               
                                                                        
------------------------------------------------------------------------
1994.........        1993           1992           1991          1990   
1989.........        1988           1987           1986          1985   
1984.........        1983           1982           1981          1980   
1979.........        1978           1977           1976          1975   
1974.........        1973           1972           1971          1970   
1969.........        1968           1967           1966          1965   
1964.........        1963           1962           1961          1960   
1959.........        1958           1957           1956          1955   
1954.........        1953           1952           1951          1950   
1949.........        1948           1947           1946          1945   
1944.........        1943           1942           1941          1940   
1939.........        1938           1937     .............  ............
------------------------------------------------------------------------
\1\ Find the year in which the merchant mariner's document was issued   
  (Issue Year), then move up the column to find the Expiration Year.    
  Month and day of expiration correspond to the month and day of issue. 


[CGD 91-211, 59 FR 49302, Sept. 27, 1994]



                       Subpart 12.05--Able Seamen



Sec. 12.05-1  Certification required.

    (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).

[CGD 80-131, 45 FR 69240, Oct. 20, 1980]



Sec. 12.05-3  General requirements.

    To qualify for certification as able seaman an applicant must:
    (a) Be at least 18 years of age;
    (b) Pass the prescribed physical examination;
    (c) Meet the sea service or training requirements set forth in this 
part;
    (d) Pass an examination demonstrating ability as an able seaman and 
lifeboatman; and,
    (e) Speak and understand the English language as would be required 
in performing the general duties of able seaman and during an emergency 
aboard ship.

[CGD 80-131, 45 FR 69240, Oct. 20, 1980]



Sec. 12.05-5  Physical requirements.

    (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 Sec. 10.02-5 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.



Sec. 12.05-7  Service or training requirements.

    (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.

[[Page 176]]

    (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.

    Note: Employment considerations for the various categories of able 
seaman are contained in Sec. 157.20-15 of this chapter.

    (b) Training programs approved by the Director, 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, 
school ship is interpreted to mean an institution which offers a 
complete course of instruction, including a period of at sea training, 
in the skills appropriate to the rating of able seaman.
    (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 
Director, 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 Able Seaman, Great Lakes--18 months' 
service, is considered equivalent to a certificate of service as Able 
Seaman--Limited.
    (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 Able Seaman--Special:
    (1) Any waters--12 months.
    (2) Tugs and towboats--any waters.
    (3) Bays and sounds--12 months, vessels 500 gross tons or under not 
carrying passengers.
    (4) Seagoing barges--12 months.
    (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.

[CGD 80-131, 45 FR 69240, Oct. 20, 1980, as amended by CGD 95-072, 60 FR 
50460, Sept. 29, 1995]



Sec. 12.05-9  Examination and demonstration of ability.

    (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 high seas, in inland 
waters, or on the Great Lakes depending upon the waters on which the 
applicant has had service; and distress signals; and,
    (5) The applicant's knowledge of commands in handling the wheel by 
obeying orders passed to him as wheelsman, and knowledge of the use of 
engineroom telegraph or bell-pull signals.
    (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 shall

[[Page 177]]

demonstrate 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, any waters--12 months and who can produce documentary 
evidence of sufficient service to qualify for a certificate as able 
seaman endorsed, any waters--unlimited, may be issued a new document 
bearing this endorsement without additional professional examination. 
The applicant shall surrender for cancellation the document bearing the 
limited endorsement. No physical examination will be required at the 
time of this exchange unless it is found that the applicant obviously 
suffers from some physical or mental infirmity to a degree that in the 
opinion of the Officer in Charge, Marine Inspection, would render him 
incompetent to perform the usual duties of an able seaman at sea. If 
such condition is believed to exist, the applicant shall be required to 
undergo an examination by a medical officer of the Public Health Service 
to determine his competency.

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 71-161R, 37 
FR 28263, Dec. 21, 1972; CGD 94-029, 61 FR 47064, Sept. 6, 1996]

    Effective Date Note: At 61 FR 47064, Sept. 6, 1996, Sec. 12.05-9 was 
amended by revising paragraph (a) and the introductory text of (b), 
effective October 7, 1996. For the convenience of the reader, the 
superseded text is set forth as follows:
Sec. 12.05-9  Examination and demonstration of ability.
    (a) Before an applicant is certified as able seaman, he shall prove 
to the satisfaction of teh Coast Guard by oral or written examination 
and by actual demonstration, his knowledge of seamanship and his ability 
to carry out effectively all the duties that may be required of an able 
seaman, including those of a lifeboatman. He shall demonstrate that:
    (1) He has been trained in all the operations connected with the 
launching of lifeboats and liferafts and the use of oars and sail;
    (2) He is acquainted with the practical handling of the boats 
themselves; and
    (3) He is capable of taking command of a boat's crew.
    (b) The oral or written examination shall be conducted only in the 
English language and shall consist of questions regarding:

                                * * * * *



Sec. 12.05-11  General provisions respecting merchant mariner's documents endorsed as able seaman.

    (a) The holder of a merchant mariner's document endorsed for the 
rating of able seaman 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.



     Subpart 12.07--General Requirements for Issuance of Temporary 
   Certificates of Service for Able Seamen on Offshore Supply Vessels

    Source: CGD 80-131, 45 FR 69240, Oct. 20, 1980, unless otherwise 
noted.



Sec. 12.07-1  Eligibility.

    A person is eligible for a temporary certificate of service as Able 
Seaman--Special (OSV), for offshore supply vessels if:
    (a) Application is made on or before January 6, 1981; and,
    (b) The applicant was serving in an equivalent capacity on board an 
offshore supply vessel as defined by 46 U.S.C. 404-1, on or before 
January 1, 1979.

[[Page 178]]



Sec. 12.07-5  Application procedure.

    (a) A person may apply for a temporary certificate of service as 
Able Seaman--Special (OSV), at any Coast Guard Marine Inspection or 
Marine Safety Office.
    (b) Application shall be made upon Coast Guard Form ``Application 
for Temporary License or Certificate of Service for Crews of Offshore 
Supply Vessels.''



Sec. 12.07-7  Service under an acknowledgment of application.

    (a) Upon receipt of the completed application, the Officer in 
Charge, Marine Inspection, issues an acknowledgment of application to 
the applicant. Upon receipt of this acknowledgment, the applicant is 
deemed to be in compliance with the statutes dealing with certification 
of merchant marine personnel pending issuance of a temporary certificate 
or expiration of the acknowledgment of application.
    (b) An acknowledgment of application is subject to suspension and 
revocation on the same grounds and procedures as provided by 46 U.S.C. 
239.
    (c) An acknowledgment of application shall remain valid until 
October 7, 1982.



Sec. 12.07-10  Issuance of temporary certificates of service.

    (a) An Officer In Charge, Marine Inspection, may issue temporary 
certificates of service on or before October 6, 1982 to persons who have 
applied under Sec. 12.07-5 and meet the requirements of Sec. 12.07-15.
    (b) Temporary certificates of service issued under the provisions of 
this part:
    (1) Authorize service only upon offshore supply vessels;
    (2) Remain valid for a period of three years from the date of 
issuance;
    (3) May not be raised in grade;
    (4) Are not renewable except for replacement occasioned by loss; 
and,
    (5) Are subject to suspension and revocation on the same grounds and 
procedures as provided by 46 U.S.C. 239.
    (c) Authority to issue temporary certificates of service of Able 
Seaman--Special (OSV), expires on October 7, 1982.



Sec. 12.07-15  Requirements for temporary certificates of service.

    (a) An applicant for a temporary certificate of service as Able 
Seaman--Special (OSV), must meet the:
    (1) Age requirements of Sec. 12.05-3;
    (2) Physical requirements of Sec. 12.05-5; and,
    (3) The citizenship requirements of Sec. 12.02-13 and Sec. 12.02-14 
before such certificate of service shall be issued.
    (b) An applicant for a temporary certificate of service shall 
present to the Officer in Charge, Marine Inspection, letters, 
discharges, or other official documents certifying the amount and 
character of sea service, and the names of the vessels on which 
acquired. The Officer in Charge, Marine Inspection, must be satisfied as 
to the bona fides of all evidence of sea service or training presented 
and may reject any evidence not considered to be authentic or which does 
not sufficiently outline the amount, type and character of service.
    (c) The minimum service required to obtain a temporary certificate 
of service as Able Seaman--Special (OSV) is 95 days service as master, 
mate or able seaman on board offshore supply vessels.

    Note: A twelve hour work day is equivalent to one day of the above 
service requirements. An eight hour work day is equivalent to two thirds 
of a service day.

    (d) Service as master, mate or able seaman on board offshore supply 
vessels while holding the acknowledgment of application issued in 
accordance with Sec. 12.07-7 may be utilized to meet the sea service 
requirements of paragraph (c) of this section.



Sec. 12.07-20  Possession of temporary certificate of service or acknowledgment of application.

    An individual employed in a certificated capacity upon an offshore 
supply vessel under a valid temporary certificate or acknowledgment of 
application must have the document in his or her possession and 
available for examination at all times.

[[Page 179]]



                       Subpart 12.10--Lifeboatman



Sec. 12.10-1  Certification required.

    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 able seaman to the shipping commissioner, United States 
collector or deputy collector of customs, or master before signing 
articles of agreement. No certificate of efficiency as lifeboatman is 
required of any person employed on any unrigged vessel, except on a 
seagoing barge and on a tank barge navigating waters other than rivers 
and/or canals.



Sec. 12.10-3  Service or training requirements.

    (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 Director, 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 
Director, National Maritime Center, and served aboard a training vessel.
    (6) Successful completion of a training course approved by the 
Director, National Maritime Center, such course to include a minimum of 
30 hours' actual lifeboat training: Provided, That the applicant 
produces evidence of having served a minimum of 3 months at sea aboard 
ocean or coastwise vessels.
    (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.

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 95-072, 60 FR 
50460, Sept. 29, 1995]



Sec. 12.10-5  Examination and demonstration of ability.

    (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.

[CGFR 60-50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 71-161R, 37 
FR 28263, Dec. 21, 1972; CGD 94-029, 61 FR 47064, Sept. 6, 1996]

    Effective Date Note: At 61 FR 47064, Sept. 6, 1996, Sec. 12.10-5 was 
amended by revising paragraph (a) and the introductory text of (b), 
effective October 7, 1996. For the convenience of the reader, the 
superseded text is set forth as follows:

[[Page 180]]

Sec. 12.05-9  Examination and demonstration of ability.
    (a) Before a lifeboatman's certificate may be granted, the applicant 
must prove to the satisfaction of the Coast Guard by oral or written 
examination and by actual demonstration that:
    (1) He has been trained in all the operations connected with the 
launching of lifeboats and liferafts and the use of oars and sails;
    (2) He is acquainted with the practical handling of boats 
themselves; and,
    (3) He is capable of taking command of a boat's crew.
    (b) The oral or written examination shall be conducted only in the 
English language and shall consist of questions regarding:

                                * * * * *



Sec. 12.10-7  General provisions respecting merchant mariner's documents endorsed as lifeboatman.

    A merchant mariner's document endorsed as able seaman shall be 
considered as the equivalent of a certificate as lifeboatman or an 
endorsement as lifeboatman and it shall be accepted as a certificate as 
lifeboatman wherever required by law or regulation.



        Subpart 12.15--Qualified Member of the Engine Department



Sec. 12.15-1  Certification required.

    (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.



Sec. 12.15-3  General requirements.

    (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 qualified member of 
the engine department issued by the Coast Guard or predecessor 
authority.
    (b) For purposes of administering this part the rating of assistant 
electrician is considered a rating not above that of coal passer or 
wiper, but equal thereto.
    (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.



Sec. 12.15-5  Physical requirements.

    (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 Sec. 10.02-5 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.



Sec. 12.15-7  Service or training requirements.

    (a) An applicant for a certificate of service as qualified member of 
the engine department shall furnish the

[[Page 181]]

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 Director, 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, school ship is interpreted to mean an 
institution which offers a complete course of instruction, including a 
period of sea training, in the skills appropriate to the rating of 
qualified member of the engine department.
    (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.

[CGD 80-131, 45 FR 69241, Oct. 20, 1980, as amended by CGD 95-072, 60 FR 
50460, Sept. 29, 1995]



Sec. 12.15-9  Examination requirements.

    (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:

----------------------------------------------------------------------------------------------------------------
                                             Refrigerating    Fireman/                         Junior     Deck  
            Subjects              Machinist     engineer    Watertender   Oiler  Electrician  engineer  engineer
----------------------------------------------------------------------------------------------------------------
1. Application, maintenance, and                                                                                
 use of hand tools and measuring                                                                                
 instruments....................         X            X             X         X          X          X         X 
2. Uses of babbitt, copper,                                                                                     
 brass, steel, and other metals.         X            X             X         X          X          X         X 
3. Methods of measuring pipe,                                                                                   
 pipe fittings, sheet metal,                                                                                    
 machine bolts and nuts,                                                                                        
 packing, etc...................         X            X             X         X          X          X         X 
4. Operation and maintenance of                                                                                 
 mechanical remote control                                                                                      
 equipment......................         X   .............          X         X          X          X         X 
5. Precautions to be taken for                                                                                  
 the prevention of fire and the                                                                                 
 proper use of firefighting                                                                                     
 equipment......................         X            X             X         X          X          X         X 
6. Principles of mechanical                                                                                     
 refrigeration; and functions,                                                                                  
 operation, and maintenance of                                                                                  
 various machines and parts of                                                                                  
 the systems....................  .........           X     ...........       X  ...........        X   ........
7. Knowledge of piping systems                                                                                  
 as used in ammonia, freon, and                                                                                 
 CO2, including testing for                                                                                     
 leaks, operation of bypasses,                                                                                  
 and making up of joints........  .........           X     ...........  ......  ...........        X   ........
8. Safety precautions to be                                                                                     
 observed in the operation of                                                                                   
 various refrigerating systems,                                                                                 
 including storage of                                                                                           
 refrigerants, and the use of                                                                                   
 gas masks and firefighting                                                                                     
 equipment......................         X            X             X         X          X          X         X 
9. Combustion of fuels, proper                                                                                  
 temperature, pressures, and                                                                                    
 atomization....................  .........  .............          X         X  ...........        X   ........
10. Operation of the fuel oil                                                                                   
 system on oil burning boilers,                                                                                 
 including the transfer and                                                                                     
 storage of fuel oil............  .........  .............          X         X  ...........        X         X 
11. Hazards involved and the                                                                                    
 precautions taken against                                                                                      
 accumulation of oil in                                                                                         
 furnaces, bilges, floorplates,                                                                                 
 and tank tops; flarebacks,                                                                                     
 leaks in fuel oil heaters,                                                                                     
 clogged strainers and burner                                                                                   
 tips...........................         X            X             X         X          X          X   ........
12. Precautions necessary when                                                                                  
 filling empty boilers, starting                                                                                
 up the fuel oil burning system,                                                                                
 and raising steam from a cold                                                                                  
 boiler.........................  .........  .............          X         X  ...........        X   ........
13. The function, operation, and                                                                                
 maintenance of the various                                                                                     
 engineroom auxiliaries.........         X            X             X         X          X          X   ........
14. Proper operation of the                                                                                     
 various types of lubricating                                                                                   
 systems........................         X            X             X         X          X          X         X 
15. Safety precautions to be                                                                                    
 observed in connection with the                                                                                
 operation of engineroom                                                                                        
 auxiliaries, electrical                                                                                        
 machinery, and switchboard                                                                                     
 equipment......................         X            X             X         X          X          X         X 
16. The function, operation, and                                                                                
 maintenance of the bilge,                                                                                      
 ballast, fire, freshwater,                                                                                     
 sanitary, and lubricating                                                                                      
 systems........................         X            X             X         X  ...........        X         X 
17. Proper care of spare machine                                                                                
 parts and idle equipment.......         X            X             X         X          X          X         X 
18. The procedure in preparing a                                                                                
 turbine, reciprocating, or                                                                                     
 Diesel engine for standby; also                                                                                
 the procedure in securing......  .........  .............          X         X  ...........        X   ........

[[Page 182]]

                                                                                                                
19. Operation and maintenance of                                                                                
 the equipment necessary for the                                                                                
 supply of water to boilers, the                                                                                
 dangers of high and low water                                                                                  
 and remedial action............  .........  .............          X         X  ...........        X   ........
20. Operation, location, and                                                                                    
 maintenance of the various                                                                                     
 boiler fittings and accessories         X   .............          X         X  ...........        X   ........
21. The practical application                                                                                   
 and solution of basic                                                                                          
 electrical calculations (Ohm's                                                                                 
 law, power formula, etc.)......  .........  .............  ...........  ......          X          X         X 
22. Electrical wiring circuits                                                                                  
 of the various two-wire and                                                                                    
 three-wire D.C. systems and the                                                                                
 various single-phase and                                                                                       
 polyphase A.C. systems.........  .........  .............  ...........  ......          X          X         X 
23. Application and                                                                                             
 characteristics of parallel and                                                                                
 series circuits................  .........  .............  ...........  ......          X          X         X 
24. Application and maintenance                                                                                 
 of electrical meters and                                                                                       
 instruments....................  .........  .............  ...........  ......          X          X         X 
25. The maintenance and                                                                                         
 installation of lighting and                                                                                   
 power wiring involving testing                                                                                 
 for, locating and correcting                                                                                   
 grounds, short circuits and                                                                                    
 open circuits, and making                                                                                      
 splices........................  .........  .............  ...........  ......          X          X         X 
26. The operation and                                                                                           
 maintenance of the various                                                                                     
 types of generators and motors,                                                                                
 both A.C. and D.C..............  .........  .............  ...........  ......          X          X         X 
27. Operation, installation, and                                                                                
 maintenance of the various                                                                                     
 types of electrical controls                                                                                   
 and safety devices.............  .........  .............  ...........  ......          X          X         X 
28. Testing and maintenance of                                                                                  
 special electrical equipment,                                                                                  
 such as telegraphs, telephones,                                                                                
 alarm systems, fire-detecting                                                                                  
 systems, and rudder angle                                                                                      
 indicators.....................  .........  .............  ...........  ......          X          X   ........
29. Rules and Regulations and                                                                                   
 requirements for installation,                                                                                 
 repair, and maintenance of                                                                                     
 electrical wiring and equipment                                                                                
 installed aboard ships.........  .........  .............  ...........  ......          X          X         X 
29a. Pollution laws and                                                                                         
 regulations, procedures for                                                                                    
 discharge containment and                                                                                      
 cleanup, and methods for                                                                                       
 disposal of sludge and waste                                                                                   
 from cargo and fueling                                                                                         
 operations.....................         X            X             X         X          X          X   ........
30. Such further examination of                                                                                 
 a nonmathematical character as                                                                                 
 the Officer in Charge, Marine                                                                                  
 Inspection, may consider                                                                                       
 necessary to establish the                                                                                     
 applicant's proficiency........         X            X             X         X          X          X         X 
----------------------------------------------------------------------------------------------------------------

    (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 Sec. 12.15-13 or 
Sec. 12.15-15, will not be required to take a written or oral 
examination for such ratings.

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by CGFR 66-46, 31 FR 
13649, Oct. 22, 1966; CGD 71-161R, 37 FR 28263, Dec. 21, 1972; CGD 74-
75, 42 FR 24741, May 16, 1977; CGD 94-029, 61 FR 47064, Sept. 6, 1996]

    Effective Date Note: At 61 FR 47064, Sept. 6, 1996, Sec. 12.15-9 was 
amended by revising the first sentence of paragraph (a), and paragraph 
(c), effective October 7, 1996. For the convenience of the reader, the 
superseded text is set forth as follows:
Sec. 12.15-9  Examination requirements.
    (a) Applicants for certification as qualified members of the engine 
department in the ratings of oiler, watertender, fireman, deck enginer, 
refrigerator engineer, junior engineer, electrician, and machinist shall 
be examined orally or in writing and only in the English language on the 
subjects listed in paragraph (b) of this section. * * *

                                * * * * *

    (c) Applicants for certification as qualified member of the engine 
department in the ratings of pumpman shall, by written or oral 
examination, demonstrate sufficient knowledge of the subjects peculiar 
to that rating to satisfy the Officer in Charge, Marine Inspection, that 
they are qualified to perform the duties of the rating.

                                * * * * *



Sec. 12.15-11  General provisions respecting merchant mariner's documents endorsed as qualified member of the engine department.

    The holder of a merchant mariner's document endorsed with one or 
more

[[Page 183]]

qualified member of the engine department ratings may serve in any 
unqualified rating in the engine department without obtaining an 
additional endorsement. This does not mean that an endorsement of one 
qualified member of the engine department rating authorizes the holder 
to serve in all qualified member of the engine department ratings. Each 
qualified member of the engine department rating for which a holder of a 
merchant mariner's document is qualified must be endorsed separately. 
When, however, the applicant qualifies for all ratings covered by a 
certificate as a qualified member of the engine department, the 
certification may read QMED--any rating. The ratings are as follows:

    (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.

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by CGFR 66-46, 31 FR 
13649, Oct. 22, 1966; CGD 74-45, 42 FR 24741, May 16, 1977]



Sec. 12.15-13  Deck engine mechanic.

    (a) An applicant for a certificate as deck engine mechanic shall be 
a person holding a merchant mariner's document endorsed as junior 
engineer. The applicant shall be eligible for such certification upon 
furnishing one of the following:
    (1) Presentation of a temporary letter that was issued to the holder 
to serve as deck engine mechanic by an Officer in Charge, Marine 
Inspection, dated prior to December 1, 1966; or,
    (2) Satisfactory documentary evidence of sea service of 6 months in 
the rating of junior engineer on steam vessels of 4,000 horsepower or 
over; or,
    (3) 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,
    (4) Satisfactory completion of a course of training for deck engine 
mechanic acceptable to the Director, National Maritime Center.
    (b) The Officer in Charge, Marine Inspection, who is satisfied that 
an applicant for the rating of deck engine mechanic meets the 
requirements specified in this section, will endorse this rating on the 
current merchant mariner's document held by the applicant.
    (c) Any holder of a merchant mariner's document endorsed for any 
unlicensed rating in the engine department or QMED--any rating is 
qualified as a deck engine mechanic and that endorsement will not be 
entered on his document.

[CGFR 66-46, 31 FR 13649, Oct. 22, 1966, as amended by CGD 95-072, 60 FR 
50460, Sept. 29, 1995]



Sec. 12.15-15  Engineman.

    (a) An applicant for a certificate as engineman shall be a person 
holding a merchant mariner's document endorsed as fireman/watertender 
and oiler, or junior engineer. The applicant shall be eligible for such 
certification upon furnishing one of the following:
    (1) Presentation of a temporary letter that was issued to the holder 
to serve as engineman by an Officer in Charge, Marine Inspection, dated 
prior to December 1, 1966; or,
    (2) Satisfactory documentary evidence of sea service of 6 months in 
any one or combination of junior engineer, fireman/watertender or oiler 
on steam vessels of 4,000 horsepower or over; or,
    (3) Documentary evidence from an operator of a partially automated 
steam vessel that he has completed satisfactorily at least 2 weeks 
indoctrination and training in the engine department of a partially 
automated steam vessel of 4,000 horsepower or over; or
    (4) Satisfactory completion of a course of training for engineman 
acceptable to the Director, National Maritime Center.
    (b) The Officer in Charge, Marine Inspection, who is satisfied that 
an applicant for the rating of engineman meets the requirements 
specified in this section, will endorse this rating on the current 
merchant mariner's document held by the applicant.
    (c) Any holder of a merchant mariner's document endorsed for any 
unlicensed rating in the engine department,

[[Page 184]]

QMED--any rating or deck engine mechanic is qualified as an engineman 
and that endorsement will not be entered on his document.

[CGFR 66-46, 31 FR 13650, Oct. 22, 1966, as amended by CGD 95-072, 60 FR 
50460, Sept. 29, 1995]



     Subpart 12.17--General Requirements for Issuance of Temporary 
 Certificates of Service for Qualified Members of the Engine Department 
                       on Offshore Supply Vessels

    Source: CGD 80-131, 45 FR 69241, Oct. 20, 1980, unless otherwise 
noted.



Sec. 12.17-1  Eligibility.

    A person is eligible for a temporary certificate of service as 
Qualified Member of the Engine Department for offshore supply vessels 
if:
    (a) Application is made on or before January 6, 1981; and,
    (b) The applicant was serving in an equivalent capacity on board an 
offshore supply vessel as defined by 46 U.S.C. 404-1, on or before 
January 1, 1979.



Sec. 12.17-5  Application procedure.

    (a) A person may apply for a temporary certificate of service as 
Qualified Member of the Engine Department at any Coast Guard Marine 
Inspection or Marine Safety Office.
    (b) Application shall be made upon Coast Guard Form ``Application 
for Temporary License or Certificate of Service for Crews of Offshore 
Supply Vessels.''



Sec. 12.17-7  Service under an acknowledgment of application.

    (a) Upon receipt of the completed application, the Officer in 
Charge, Marine Inspection, issues an acknowledgment of application to 
the applicant. Upon receipt of this acknowlegment, the applicant is 
deemed to be in compliance with the statutes dealing with certification 
of merchant marine personnel pending issuance of a temporary certificate 
or expiration of the acknowledgment of application.
    (b) An acknowledgment of application is subject to suspension and 
revocation on the same grounds and procedures as provided by 46 U.S.C. 
239.
    (c) An acknowledgment of application shall remain valid until 
October 7, 1982.



Sec. 12.17-10  Issuance of temporary certificates of service.

    (a) An Officer in Charge, Marine Inspection, may issue temporary 
certificates of service on or before October 6, 1982 to persons who have 
applied under Sec. 12.17-5 and meet the requirements of Sec. 12.17-15.
    (b) Temporary certificates of service issued under the provisions of 
this part:
    (1) Authorize service only upon offshore supply vessels;
    (2) Remain valid for a period of three years from the date of 
issuance;
    (3) May not be raised in grade;
    (4) Are not renewable except for replacement occasioned by loss; 
and,
    (5) Are subject to suspension and revocation on the same grounds and 
procedures as provided by 46 U.S.C. 239.
    (c) Authority to issue temporary certificates of service of 
Qualified Member of the Engine Department expires on October 7, 1982.



Sec. 12.17-15  Requirements for temporary certificates of service.

    (a) An applicant for a temporary certificate of service as Qualified 
Member of the Engine Department must meet the:
    (1) Physical requirements of Sec. 12.15-5; and
    (2) The citizenship requirements of Sec. 12.02-13 and Sec. 12.02-14 
before such certificate of service shall be issued.
    (b) An applicant for a temporary certificate of service shall 
present to the Officer in Charge, Marine Inspection, letters, 
discharges, or other official documents certifying the amount and 
character of sea service, and the names of the vessels on which 
acquired. The Officer in Charge, Marine Inspection, must be satisfied as 
to the bona fides of all evidence of sea service or training presented 
and may reject any evidence not considered to be authentic or which does 
not sufficiently outline the amount, type and character of service.

[[Page 185]]

    (c) The minimum service required to obtain a temporary certificate 
of service as Qualified Member of the Engine Department is 95 days 
service as chief engineer, assistant engineer or qualified member of the 
engine department on board offshore supply vessels.

    Note: A twelve hour work day is equivalent to one day of the above 
service requirements. An eight hour work day is equivalent to two thirds 
of a service day.

    (d) Service as chief engineer, assistant engineer or qualified 
member of the engine department on board offshore supply vessels while 
holding the acknowledgment of application issued in accordance with 
Sec. 12.17-7 may be utilized to meet the sea service requirements of 
paragraph (c) of this section.



Sec. 12.17-20  Possession of temporary certificate of service or acknowledgment of application.

    An individual employed in a certificated capacity upon an offshore 
supply vessel under a valid temporary certificate or acknowledgment of 
application must have the document in his or her possession and 
available for examination at all times.



   Subpart 12.25--Certificates of Service for Ratings Other Than Able 
           Seaman or Qualified Member of the Engine Department



Sec. 12.25-1  Certification required.

    (a) Every person employed in a rating other than able seaman or 
qualified member of the engine department of United States merchant 
vessels requiring such certificated persons shall produce an appropriate 
certificate of service or merchant mariner's document to the shipping 
commissioner, United States Collector or Deputy Collector of Customs, or 
master, before signing articles of agreement.
    (b) No certificate of service shall be required of any person 
employed on any unrigged vessel, except seagoing barges, or 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.



Sec. 12.25-10  General requirements.

    (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, 
ordinary seaman--wiper--steward's document (F.H.). Holders of documents 
endorsed for service as ordinary seaman may serve in any unqualified 
rating in the deck department. Holders of documents endorsed for service 
as wiper may serve in any unqualified rating in the engine department. 
Documents endorsed for steward's department (F.H.) will authorize the 
holder's service in any capacity in the steward's department. (See 
Sec. 12.02-11(e)(2) for unqualified ratings in the staff department.)
    (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 (F.H.).



Sec. 12.25-20  Food handler.

    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.



Sec. 12.25-25  Members of Merchant Marine Cadet Corps.

    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 Valid only while cadet in the 
U.S. Maritime Administration training program. The merchant mariner's 
document thus prepared shall be surrendered upon the holder being 
certified in any other rating or being issued a license and the rating 
of cadet (deck) or cadet (engine)

[[Page 186]]

shall be omitted from any new merchant mariner's document issued.



Sec. 12.25-30  Student observers.

    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 student observers--any department and may be signed on ships 
as such. Students holding these documents or certificates will not take 
the place of any of the crew, or fill any of the regular ratings.



Sec. 12.25-35  Apprentice engineers.

    (a) Persons enrolled in an apprentice engineer training program 
approved by the Director, 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 under the 
provisions of title 53 of the Revised Statutes and the regulations in 
this subchapter.

[CGFR 66-69, 31 FR 15669, Dec. 13, 1966, as amended by CGD 95-072, 60 FR 
50460, Sept. 29, 1995]



Sec. 12.25-40  Apprentice mate.

    A person enrolled in an apprentice mate training program approved by 
the Director, 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 apprentice mate may be in addition to 
other endorsements. However, this endorsement as apprentice mate does 
not authorize the holder to fill any of the regular ratings.

[CGD 74-226, 40 FR 33976, Aug. 13, 1975, as amended by CGD 95-072, 60 FR 
50460, Sept. 29, 1995]



PART 13--CERTIFICATION OF TANKERMEN--Table of Contents




                           Subpart A--General

Sec.
13.101 Purpose.
13.103 Definitions.
13.105 Paperwork approval.
13.107 Tankerman endorsement: General.
13.109 Tankerman endorsement: Authorized cargoes.
13.111 Restricted endorsement.
13.113 Tankerman certified under prior regulations.
13.115 Licensed engineer: Endorsement as Tankerman-Engineer based on 
          service on tankships before March 31, 1996.
13.117 Any person: Endorsement as Tankerman-Assistant based on 
          unlicensed deck service before March 31, 1996.
13.119 Expiration of endorsement.
13.120 Renewal of endorsement.
13.121 Courses for training tankerman.
13.123 Recency of service or experience for original tankerman 
          endorsement.
13.125 Physical requirements.
13.127 Service requirements: General.
13.129 Quick-reference table for tankerman.

        Subpart B--Requirements for ``Tankerman-PIC'' Endorsement

13.201 Original application for ``Tankerman-PIC'' endorsement.
13.203 Eligibility requirements: Experience.
13.205 Proof of service for ``Tankerman-PIC'' endorsement.
13.207 Eligibility requirements: Firefighting course.
13.209 Eligibility requirements: Cargo course.

    Supart C--Requirements for ``Tankerman-PIC (Barge)'' Endorsement

13.301 Original application for ``Tankerman-PIC (Barge)'' endorsement.
13.303 Eligibility requirements: Experience.
13.305 Proof of service for ``Tankerman-PIC (Barge)'' endorsement.
13.307 Eligibility requirements: Firefighting course.
13.309 Eligibility requirements: Cargo course.

[[Page 187]]

     Subpart D--Requirements for ``Tankerman-Assistant'' Endorsement

13.401 Original application for ``Tankerman-Assistant'' endorsement.
13.403 Eligibility requirements: Experience.
13.405 Proof of service for ``Tankerman-Assistant'' endorsement.
13.407 Eligibility requirements: Firefighting course.
13.409 Eligibility requirements: Cargo course.

     Subpart E--Requirements for ``Tankerman-Engineer'' Endorsement

13.501 Original application for ``Tankerman-Engineer'' endorsement.
13.503 Eligibility requirements: Experience.
13.505 Proof of service for ``Tankerman-Engineer'' endorsement.
13.507 Eligibility requirements: Firefighting course.
13.509 Eligibility requirements: Cargo course.

    Authority: 46 U.S.C. 3703, 7317, 8105, 8703, 9102; 49 CFR 1.46.

    Source: CGD 79-116, 60 FR 17142, Apr. 4, 1995, unless otherwise 
noted.



                           Subpart A--General



Sec. 13.101  Purpose.

    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.



Sec. 13.103  Definitions.

    As used in this part:
    Cargo engineer means a licensed person on a dangerous-liquid 
tankship or a liquefied-gas tankship whose primary responsibility is 
maintaining the cargo system and cargo-handling equipment.
    Competent person means a person designated as such in accordance 
with 29 CFR 1915.7.
    Dangerous liquid means a liquid listed in 46 CFR 153.40 that is not 
a liquefied gas as defined in this part. Liquid cargoes in bulk listed 
in 46 CFR Part 153, Table 2, are not dangerous-liquid cargoes when 
carried by non-oceangoing barges.
    DL means dangerous liquid.
    IMO means the International Maritime Organization.
    Liquefied gas means a cargo that has a vapor pressure of 172 kPa (25 
psia) or more at 37.8 C (100 F).
    LG means liquefied gas.
    Liquid cargo in bulk means a liquid or liquefied gas listed in 46 
CFR 153.40 and carried as a liquid cargo or liquid-cargo residue in 
integral, fixed, or portable tanks.
    Marine chemist means a person certificated by the National Fire 
Protection Association.
    MMD means a merchant mariner's document issued by the Coast Guard.
    Participation, when used with regard to the service on transfers 
required for tankerman by Sec. 13.120, 13.203, or 13.303, means either 
actual participation in the transfers or close observation of how the 
transfers are conducted and supervised.
    PIC means a person in charge.
    Restricted Tankerman endorsement means a valid tankerman endorsement 
to an MMD restricted to specific cargoes or groups of cargoes, specific 
vessels, specific facilities, specific employers, or the like.
    Simulated transfer means a transfer practiced in a course meeting 
the requirements of Sec. 13.121 that uses simulation supplying part of 
the service on transfers required for tankerman by Sec. 13.203 or 
13.303.
    Tank barge means a non-self-propelled tank vessel.
    Tank vessel means a vessel constructed or adapted to carry, or a 
vessel that carries, oil or hazardous material in bulk as cargo or cargo 
residue.
    Tankerman-Assistant means a person holding a valid ``Tankerman-
Assistant'' endorsement to his or her MMD.
    Tankerman-Engineer means a person holding a valid ``Tankerman-
Engineer'' endorsement to his or her MMD.
    Tankerman-PIC means a person holding a valid ``Tankerman-PIC'' 
endorsement to his or her MMD.
    Tankerman-PIC (Barge) means a person holding a valid ``Tankerman-PIC 
(Barge)'' endorsement to his or her MMD.
    Tankship means any tank vessel constructed or adapted primarily to 
carry oil or hazardous material in bulk as

[[Page 188]]

cargo or as cargo residue and propelled by power or sail.
    Transfer means any movement of dangerous liquid or liquefied gas as 
cargo in bulk or as cargo residue to, from, or within a vessel by means 
of pumping, gravitation, or displacement. Section 13.127 describes what 
qualifies as participation in a creditable transfer.



Sec. 13.105  Paperwork approval.

    (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.



Sec. 13.107  Tankerman endorsement: General.

    (a) If an applicant meets the requirements of subpart B of this 
part, the Officer in Charge, Marine Inspection (OCMI), at a Regional 
Examination Center (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 transfers of liquid cargo in bulk on 
either tankships or tank barges.
    (b) If an applicant meets the requirements of Subpart C of this 
part, the OCMI 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 transfers of liquid cargo in bulk only on 
tank barges.
    (c) If an applicant meets the requirements of subpart D of this 
part, the OCMI 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 liquid 
cargo in bulk unless he or she also holds an endorsement authorizing 
service as PIC. He or she may, however, perform duties relative to cargo 
and cargo-handling equipment assigned by the PIC of transfers of liquid 
cargo in bulk without being under the direct supervision of the PIC. 
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 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 liquid cargo in bulk 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 tank vessels carrying dangerous liquids and liquefied 
gases for maintaining the cargo systems and equipment for transfer of 
liquids in bulk aboard and for bunkering. No person licensed under part 
10 of this chapter may serve as a chief engineer, first assistant 
engineer, or cargo engineer aboard an inspected tankship when liquid 
cargo in bulk or cargo residue is carried unless he or she holds this 
endorsement.
    (e) If an applicant meets the requirements of Sec. 13.111 of this 
part, the OCMI may endorse his or her MMD as a ``Tankerman-PIC'' with a 
specific restriction or restrictions. A person holding this endorsement 
may act as Tankerman-PIC or Tankerman-PIC (Barge) for specific cargoes 
or groups of cargoes, specific vessels, specific facilities, specific 
employers, or the like.
    (f) A tankerman wishing to obtain an endorsement that he or she does 
not hold shall apply at an REC listed in Sec. 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.



Sec. 13.109  Tankerman endorsement: Authorized cargoes.

    (a) Each tankerman endorsement described in Sec. 13.107 will 
expressly limit

[[Page 189]]

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 
Sec. 10.105 of this chapter. If he or she meets all requirements for the 
other, the REC may issue a new MMD including the endorsement.



Sec. 13.111  Restricted endorsement.

    (a) An applicant may apply at an REC listed in 46 CFR 10.105 for a 
tankerman endorsement restricted to specific cargoes or groups of 
cargoes, specific vessels, specific facilities, specific employers, or 
the like. The OCMI will evaluate each application and may modify the 
applicable requirements for the endorsement, making allowance for 
special circumstances and for whichever restrictions the endorsement 
will state.
    (b) To qualify for a restricted ``Tankerman-PIC'' endorsement, an 
applicant shall meet Sec. 13.201, excluding paragraph (f).
    (c) To qualify for a restricted ``Tankerman-PIC (Barge)'' 
endorsement, an applicant shall meet Sec. 13.301, excluding paragraph 
(f).
    (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 Sec. 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.



Sec. 13.113  Tankerman certified under prior regulations.

    (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, 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 Sec. 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.

[[Page 190]]

    (c) A person who served as PIC for the transfer of liquid cargoes in 
bulk listed in subchapter O but who did not require a tankerman 
endorsement, because they were non-flammable or non-combustible liquids, 
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 tankship that proves his or her 
qualifying service as required by paragraph (e)(1)(iii) of this section.
    (d) A person that qualifies under paragraph (a) of this section by 
holding a current license may apply for a ``Tankerman-PIC'' 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) 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 Secs. 13.121(e) (1) and (2), appropriate to the endorsement 
applied for; 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--
    (1) Acted as the PIC of the transfer of DL or LG, appropriate to the 
endorsement applied for, on tankships before March 31, 1996, and has so 
acted within five years of the date of application; or
    (2) Served at least 30 days as a master or mate on tankships 
certified to carry DL or LG, appropriate to the endorsement applied for 
before March 31, 1996, and has so acted within five years of the date of 
application; or
    (B) Certificates of Discharge proving at least 30 days of service as 
master or mate on tankships certified to carry DL or LG, appropriate to 
the endorsement applied for before March 31, 1996, with a discharge date 
within five years of the date of application.
    (2) To qualify for a restricted ``Tankerman-PIC'' endorsement, based 
on his or her cargo-handling experience for the grades handled, an 
applicant shall meet paragraphs (d)(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 
Sec. 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 Sec. 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 
Sec. 13.121;
    (ii) A certificate of completion from a liquid-cargo course in DL or 
LG approved by the Commandant, appropriate to the endorsement applied 
for,

[[Page 191]]

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 determines 
substantially covers the material required by Table 13.121(f); and
    (iii) Evidence of service on company letterhead from the owner, 
operator, master, or chief engineer of the vessel attesting that the 
applicant acted as the PIC of the transfer for DL or LG, appropriate to 
the endorsement applied for on tank vessels, before March 31, 1996, and 
has so acted within five years of the date of application.
    (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 
Sec. 12.02-27 of this chapter that occurs after March 31, 1997.
    (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.

                           Table 13.113.--Tankerman Certified Under Prior Regulations                           
----------------------------------------------------------------------------------------------------------------
                                       Service after effective      Requirements for         Requirements for   
  Before effective date served as--        date but before       permanent endorsement    RESTRICTED endorsement
                                        permanent endorsement:         to an MMD:               to an MMD:      
----------------------------------------------------------------------------------------------------------------
Licensed Officer.....................  May serve as: Sec.       Tankerman-PIC Sec.       Tankerman-PIC Sec.     
                                        13.113(a) Tankerman-     13.113(d)(1).            13.113(d)(2).         
                                        PIC.                                                                    
                                       Limitations: None......  Service: Service letter  Service: Service letter
                                       Allowed until: First      from company rep as      from company rep as   
                                        renewal of MMD.          PIC of DL or LG cargo    PIC of DL or LG cargo 
                                                                 transfer, or 30 days'    transfer, or 30 days' 
                                                                 service as master or     service as master or  
                                                                 mate on tankships        mate on tankships     
                                                                 carrying DL or LG..      carrying DL or LG.    
                                       Service documentation:   Courses: Liquid-cargo    Course: Firefighting   
                                        Service letter from      course in the            course.               
                                        company rep.             appropriate cargo                              
                                                                 grade, & Firefighting.                         
MMD with a Tankerman's endorsement...  May serve as: Sec.       Tankerman-PIC (Barge)    Tankerman-PIC (Barge)  
                                        13.113(b) Tankerman-     Sec.  13.113(e)(1).      Sec.  13.113(e)(2).   
                                        PIC (Barge).                                                            
                                       Limitations: Grade of    Service: Service letter  Service: Service letter
                                        cargo on existing MMD.   from company rep as      from company rep as   
                                       Until: First renewal of   Service letter PIC of    PIC of DL or LG cargo 
                                        MMD.                     DL or LG cargo           transfer.             
                                                                 transfer.                                      
                                       Documentation: None....  Courses: Liquid-cargo    Course: Tank-barge     
                                                                 course in the            firefighting.         
                                                                 appropriate cargo                              
                                                                 grade, & Tank-barge                            
                                                                 firefighting.                                  
PIC-Subchapter O Non-flammable and     May serve as: Sec.       Tankerman-PIC (Barge)    Tankerman-PIC (Barge)  
 Non-combustible.                       13.113(c) Tankerman-     Sec.  13.113(e)(1).      Sec.  13.113(e)(2).   
                                        PIC (Barge).                                                            
                                       Limited to: Subchapter-  Service: Service letter  Service: Service letter
                                        O products previously    from company rep as      from company rep as   
                                        transferred.             PIC of DL or LG cargo    PIC of DL or LG cargo 
                                       Until: 5 years after      transfer.                transfer              
                                        effective date.                                                         
                                       Documentation: Service   Courses: Liquid-cargo    Course: Tank-barge     
                                        letter from company      course in the            firefighting.         
                                        rep as PIC.              appropriate cargo Tank-                        
                                                                 barge firefighting.                            
----------------------------------------------------------------------------------------------------------------



Sec. 13.115  Licensed engineer: Endorsement as Tankerman-Engineer based on service on tankships before March 31, 1996.

    A licensed person with service as chief, first assistant, or cargo 
engineer on at least one tankship before March 31, 1996, may, at any 
time until the first renewal of his or her MMD under Sec. 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 either--
    (a) 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, first assistant, or cargo engineer on tankships 
certified to carry DL or LG, appropriate to the endorsement applied for 
before March 31,

[[Page 192]]

1996, and has so served within five years of the date of application; or
    (b) Certificates of Discharge proving at least 30 days of service as 
chief, first assistant, or cargo engineer on tankships certified to 
carry DL or LG, appropriate to the endorsement applied for before March 
31, 1996, with a discharge date within five years of the date of 
application.



Sec. 13.117  Any person: Endorsement as Tankerman-Assistant based on unlicensed deck service before March 31, 1996.

    A person with unlicensed deck service on tankships before March 31, 
1996, may, at any time until the first renewal of his or her MMD under 
Sec. 12.02-27 of this chapter that occurs after March 31, 1997, apply 
for a ``Tankerman-Assistant'' endorsement under this subpart if the 
applicant presents either--
    (a) A letter on company letterhead from the owner, operator, or 
master of the vessel attesting that the applicant served at least 30 
days of deck service on tankships certified to carry DL or LG, 
appropriate to the endorsement applied for before March 31, 1996, and 
has so served within five years of the date of application; or
    (b) Certificates of Discharge proving at least 30 days of deck 
service on tankships certified to carry DL or LG, appropriate to the 
endorsement applied for before March 31, 1996, with a discharge date 
within five years of the date of application.



Sec. 13.119  Expiration of endorsement.

    An endorsement as tankerman is valid for the duration of the MMD.



Sec. 13.120  Renewal of endorsement.

    An applicant wishing to renew a tankerman's endorsement shall meet 
the requirements of Sec. 12.02-27 of this chapter for renewing an MMD 
and provide evidence of participation in at least two transfers during 
the past five years in accordance with Sec. 13.127(b) or of completion 
of an approved course.



Sec. 13.121  Courses for training tankerman.

    (a) This section prescribes the requirements, beyond those in 
Secs. 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 a specific number of 
the transfers required for a ``Tankerman-PIC'' or ``Tankerman-PIC 
(Barge)'' endorsement. The letter from the Coast Guard approving the 
course will state the number and kind of transfers the course replaces.
    (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; and
    (4) ``Tankerman-PIC (Barge) LG'' is Tank Barge: Liquefied Gases.
    (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).
    (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 and 
by Table 13.121(g) for firefighting may seek approval under Sec. 10.302 
of this chapter from the Coast

[[Page 193]]

Guard for any course taught up to ten years before March 31, 1996.

                                                 Table 13.121(f)                                                
----------------------------------------------------------------------------------------------------------------
          Course topics                     1                   2                   3                  4        
----------------------------------------------------------------------------------------------------------------
General characteristics,                                                                                        
 compatibility, reaction,                                                                                       
 firefighting procedures, and                                                                                   
 safety precautions for the                                                                                     
 cargoes of:                                                                                                    
    Bulk liquids defined as        x                   x                   ..................  .................
     Dangerous Liquids in 46 CFR                                                                                
     Part 13.                                                                                                   
    Bulk liquefied gases & their   ..................  ..................  x                   x                
     vapors defined as Liquefied                                                                                
     Gases in 46 CFR Part 13.                                                                                   
Physical phenomena of liquefied                                                                                 
 gas, including:                                                                                                
    Basic concept................  ..................  ..................  x                   x                
    Compression & expansion......  ..................  ..................  x                   x                
    Mechanism of heat transfer...  ..................  ..................  x                   x                
Potential hazards of liquefied                                                                                  
 gas, including:                                                                                                
    Chemical & physical            ..................  ..................  x                   x                
     properties.                                                                                                
    Combustion characteristics...  ..................  ..................  x                   x                
    Results of gas release to the  ..................  ..................  x                   x                
     atmosphere.                                                                                                
    Health hazards (skin contact,  ..................  ..................  x                   x                
     inhalation, & ingestion).                                                                                  
    Control of flammability range  ..................  ..................  x                   x                
     with inert gas.                                                                                            
    Thermal stress in structure &  ..................  ..................  x                   x                
     piping of vessel.                                                                                          
Cargo systems, including:                                                                                       
    Principles of containment      x                   x                   x                   x                
     systems.                                                                                                   
    Construction, materials,       x                   x                   x                   x                
     coatings, & insulation of                                                                                  
     cargo tanks.                                                                                               
    General arrangement of cargo   x                   x                   x                   x                
     tanks.                                                                                                     
    Venting & vapor-control        x                   x                   x                   x                
     systems.                                                                                                   
Cargo-handling systems,                                                                                         
 including:                                                                                                     
    Piping systems, valves,        x                   x                   x                   x                
     pumps, & expansion systems.                                                                                
    Operating characteristics....  x                   x                   x                   x                
Instrumentation systems,                                                                                        
 including:                                                                                                     
    Cargo-level indicators.......  x                   x                   x                   x                
    Gas-detecting systems........  x                   x                   x                   x                
    Temperature-monitoring         x                   x                   x                   x                
     systems, cargo.                                                                                            
    Temperature-monitoring         x                   x                   x                   x                
     systems, hull.                                                                                             
    Automatic-shutdown systems...  x                   x                   x                   x                
Auxiliary systems, including:                                                                                   
    Ventilation, inerting........  x                   x                   x                   x                
    Valves, including:                                                                                          
      Quick-closing..............  x                   x                   x                   x                
      Remote-control.............  x                   x                   x                   x                
      Pneumatic..................  x                   x                   x                   x                
      Excess-flow................  x                   x                   x                   x                
      Safety-relief..............  x                   x                   x                   x                
      Pressure-vacuum............  x                   x                   x                   x                
    Heating-systems: cofferdams &                                          x                   x                
     ballast tanks.                                                                                             
Operations connected with loading                                                                               
 & discharging of cargo,                                                                                        
 including:                                                                                                     
    Lining up of cargo system and  x                   x                   x                   x                
     vapor-control system.                                                                                      
    Pre-transfer inspections.....  x                   x                   x                   x                
    Pre-transfer conference and    x                   x                   x                   x                
     completion of the                                                                                          
     Declaration of Inspection.                                                                                 
    Hooking up of cargo hose,      x                   x                   x                   x                
     loading arms, and grounding-                                                                               
     strap.                                                                                                     
    Starting of liquid flow......  x                   x                   x                   x                
    Calculation of loading rates.  x                   x                   x                   x                
    Monitoring of loading rates..  x                   x                   x                   x                
    Discussion of loading........  x                   x                   x                   x                
    Ballasting & deballasting....  x                   x                   x                   x                
    Topping off of cargo tanks...  x                   x                   x                   x                
    Discussion of discharging....  x                   x                   x                   x                
    Stripping of cargo tanks.....  x                   x                   x                   x                
    Monitoring of transfers......  x                   x                   x                   x                
    Gauging of cargo tanks.......  x                   x                   x                   x                
    Disconnecting of cargo hoses   x                   x                   x                   x                
     or loading arms.                                                                                           
Operating procedures & sequence                                                                                 
 for:                                                                                                           
    Inerting of cargo tanks &      x                   x                   x                   x                
     void spaces.                                                                                               
    Cooldown & warmup of cargo                                             x                   x                
     tanks.                                                                                                     
    Gas-freeing..................  x                   x                   x                   x                
    Loaded or ballasted voyages..  x                   x                   x                   x                
    Testing of cargo-tank          x                   x                   x                   x                
     atmospheres for oxygen &                                                                                   
     cargo vapor.                                                                                               
Load plan, stability, & stress                                                                                  
 connected with:                                                                                                
    Loading of cargo.............  x                   x                   x                   x                

[[Page 194]]

                                                                                                                
    Discharging of cargo.........  x                   x                   x                   x                
    Ballasting & deballasting....  x                                       x                                    
Loadline, draft, & trim..........  x                   x                   x                   x                
Disposal of boil-off, including:                                                                                
    System design................                                          x                   x                
    Safety features..............                                          x                   x                
Stability-letter requirements....  x                   x                   x                   x                
Rules (for tank barge & tankship,  x                   x                   x                   x                
 both international & Federal)                                                                                  
 pertaining to operational                                                                                      
 procedures & pollution                                                                                         
 prevention.                                                                                                    
Pollution prevention, including:                                                                                
    Procedures to prevent air &    x                   x                   x                   x                
     water pollution.                                                                                           
    Measures to take in event of   x                   x                   x                   x                
     spillage.                                                                                                  
    Danger from drift of vapor     x                   x                   x                   x                
     cloud.                                                                                                     
Emergency procedures for the                                                                                    
 following, including notice to                                                                                 
 appropriate authorities:                                                                                       
    Fire.........................  x                   x                   x                   x                
    Collision....................  x                   x                   x                   x                
    Grounding....................  x                   x                   x                   x                
    Equipment failure............  x                   x                   x                   x                
    Leaks & spills...............  x                   x                   x                   x                
    Structural failure...........  x                   x                   x                   x                
    Emergency discharge of cargo.  x                   x                   x                   x                
    Entering of cargo tanks......  x                   x                   x                   x                
    Emergency shutdown of cargo-   x                   x                   x                   x                
     handling.                                                                                                  
    Emergency systems for closing  x                   x                   x                   x                
     cargo tanks.                                                                                               
Safety precautions relative to:                                                                                 
    Dangers of skin contact......  x                   x                   ..................  .................
    Inhalation of vapors.........  x                   x                   ..................  .................
    Electricity & static           x                   x                   ..................  .................
     electricity: hazards &                                                                                     
     precautions.                                                                                               
Terminology of tankships for oil   x                                       ..................  .................
 & chemicals.                                                                                                   
Terminology of tank barges for     x                   x                   ..................  .................
 oil & chemicals.                                                                                               
Terminology of tankships for       ..................  ..................  x                                    
 liquefied gases.                                                                                               
Terminology of tank barges for     ..................  ..................  x                                    
 liquefied gases.                                                                                               
Principles & procedures of Crude-                                                                               
 Oil-Washing (COW) systems,                                                                                     
 including:                                                                                                     
    Purpose......................  x                   x                   ..................  .................
    Equipment & design...........  x                   x                   ..................  .................
    Operations...................  x                   x                                                        
    Safety precautions...........  x                   x                   ..................  .................
    Maintenance of plant &         x                   x                   ..................  .................
     equipment.                                                                                                 
Principles & procedures of Inert-                                                                               
 Gas Systems (IGS), including:                                                                                  
    Purpose......................  x                   x                   x                   .................
    Equipment & design...........  x                   x                   x                   .................
    Operations...................  x                   x                   x                   .................
    Safety precautions...........  x                   x                   x                   .................
    Maintenance of plant &         x                   x                   x                   .................
     equipment.                                                                                                 
Cargo-tank cleaning: procuredures  x                   x                   ..................  .................
 & precautions.                                                                                                 
Principles & procedures of vapor-                                                                               
 control recovery systems,                                                                                      
 including:                                                                                                     
    Purpose......................  x                   x                   x                   x                
    Principles...................  x                   x                   x                   x                
    Components...................  x                   x                   x                   x                
    Hazards......................  x                   x                   x                   x                
    Coast Guard regulations......  x                   x                   x                   x                
Operating procedures, including:                                                                                
    Testing & inspection           x                   x                   x                   x                
     requirements.                                                                                              
    Pre-transfer procedures......  x                   x                   x                   x                
    Connecting sequence..........  x                   x                   x                   x                
    Start-up procedures..........  x                   x                   x                   x                
    Normal operations............  x                   x                   x                   x                
Emergency procedures, including    x                   x                   x                   x                
 notice of release.                                                                                             
Information systems on hazards of  x                   x                   x                   x                
 cargo.                                                                                                         
Safe entry into confined spaces,                                                                                
 including:                                                                                                     
    Definitions & hazards of       x                   x                   x                   x                
     confined spaces.                                                                                           
    Evaluation & assessment of     x                   x                   x                   x                
     risks & hazards.                                                                                           
    Safety precautions &           x                   x                   x                   x                
     procedures.                                                                                                
    Personal protective equipment  x                   x                   x                   x                
     (PPE).                                                                                                     
    Maintenance of PPE...........  x                   x                   x                   x                
    Emergency procedures.........  x                   x                   x                   x                
    Federal regulations, national  x                   x                   x                   x                
     standards, & industry                                                                                      
     guidelines.                                                                                                

[[Page 195]]

                                                                                                                
    Inspections by marine          x                   x                   x                   x                
     chemists & competent                                                                                       
     persons, including hot-work                                                                                
     permits & procedures.                                                                                      
Vessel Response Plans:                                                                                          
    Purpose, content, & location   x                   x                   x                   x                
     of information.                                                                                            
    Procedures for notice &        x                   x                   x                   x                
     mitigation of spills.                                                                                      
    Geographic-specific            x                   x                   x                   x                
     appendices.                                                                                                
    Vessel-specific appendices...  x                   x                   x                   x                
    Emergency-action checklist...  x                   x                   x                   x                
----------------------------------------------------------------------------------------------------------------
(\1\) Tankerman-PIC DL.                                                                                         
(\2\) Tankerman-PIC (Barge) DL.                                                                                 
(\3\) Tankerman-PIC LG.                                                                                         
(\4\) Tankerman-PIC (Barge) LG.                                                                                 


                             Table 13.121(g)                            
------------------------------------------------------------------------
                Course topics                       1             2     
------------------------------------------------------------------------
Elements of fire (Fire triangle):                                       
        Fuel................................            X             X 
        Source of ignition..................            X             X 
        Oxygen..............................            X             X 
    Ignition sources (general):                                         
        Chemical............................  ............            X 
        Biological..........................  ............            X 
        Physical............................  ............            X 
    Ignition sources applicable to barges...            X   ............
    Definitions of flammability and                                     
     combustibility:                                                    
        Flammability........................  ............            X 
        Ignition point......................            X             X 
        Burning temperature.................            X             X 
        Burning speed.......................  ............            X 
        Thermal value.......................  ............            X 
        Lower flammable limit...............            X             X 
        Upper flammable limit...............            X             X 
        Flammable range.....................            X             X 
        Inerting............................            X             X 
        Static electricity..................            X             X 
        Flash point.........................            X             X 
        Auto-ignition.......................            X             X 
    Spread of fire:                                                     
        By radiation........................            X             X 
        By convection.......................            X             X 
        By conduction.......................            X             X 
    Reactivity..............................            X             X 
    Fire classifications and applicable                                 
     extinguishing agents...................            X             X 
    Main causes of fires:                                               
        Oil leakage.........................            X             X 
        Smoking.............................            X             X 
        Overheating pumps...................            X             X 
        Galley appliances...................  ............            X 
        Spontaneous ignition................            X             X 
        Hot work............................            X             X 
        Electrical apparatus................  ............            X 
        Reaction, self-heating, and auto-                               
         ignition...........................  ............            X 
    Fire prevention:                                                    
        General.............................            X             X 
        Fire hazards of DL and LG...........            X   ............
    Fire detection:                                                     
        Fire- and smoke-detection systems...  ............            X 
        Automatic fire alarms...............  ............            X 
    Firefighting equipment:                                             
        Fire mains, hydrants................  ............            X 
        International shore-connection......  ............            X 
        Smothering-installations, carbon                                
         dioxide (CO2), foam................  ............            X 
        Halogenated hydrocarbons............  ............            X 
        Pressure-water spray system in                                  
         special-category spaces............  ............            X 
        Automatic sprinkler system..........  ............            X 
        Emergency fire pump, emergency                                  
         generator..........................  ............            X 
        Chemical-powder applicants..........  ............            X 
        General outline of required and                                 
         mobile apparatus...................  ............            X 
        Fireman's outfit, personal equipment  ............            X 
        Breathing apparatus.................  ............            X 

[[Page 196]]

                                                                        
        Resuscitation apparatus.............  ............            X 
        Smoke helmet or mask................  ............            X 
        Fireproof life-line and harness.....  ............            X 
        Fire hose, nozzles, connections, and                            
         fire axes..........................  ............            X 
        Fire blankets.......................  ............            X 
        Portable fire extinguishers.........            X             X 
        Limitations of portable and                                     
         semiportable extinguishers.........            X   ............
Emergency procedures:                                                   
    Arrangements:                                                       
        Escape routes.......................            X             X 
        Means of gas-freeing tanks..........            X             X 
        Class A, B, and C divisions.........  ............            X 
        Inert-gas system....................  ............            X 
    Ship firefighting organization:                                     
        General alarms......................  ............            X 
        Fire-control plans, muster stations,                            
         and duties.........................  ............            X 
        Communications......................  ............            X 
        Periodic shipboard drills...........  ............            X 
        Patrol system.......................  ............            X 
    Basic firefighting techniques:                                      
        Sounding alarm......................            X             X 
        Locating and isolating fires........            X             X 
        Stopping leakage of cargo...........            X   ............
        Jettisoning.........................  ............            X 
        Inhibiting..........................  ............            X 
        Cooling.............................  ............            X 
        Smothering..........................  ............            X 
        Sizing up situation.................            X   ............
        Locating information on cargo.......            X   ............
        Extinguishing.......................  ............            X 
        Extinguishing with portable units...            X   ............
        Setting reflash watch...............            X             X 
        Using additional personnel..........            X   ............
    Firefighting extinguishing-agents:                                  
        Water (solid jet, spray, fog, and                               
         flooding)..........................  ............            X 
        Foam (high, medium and low                                      
         expansion).........................  ............            X 
        Carbon dioxide (CO2)................            X             X 
        Halon...............................  ............            X 
        Aqueous-film-forming foam (AFFF)....  ............            X 
        Dry chemicals.......................            X             X 
    Use of extinguisher on:                                             
        Flammable and combustible liquids...            X   ............
        Manifold-flange fire................            X   ............
        Drip-pan fire.......................            X   ............
        Pump fire...........................            X   ............
    Drills for typical fires on barges......            X   ............
Field exercises:                                                        
    Extinguish small fires using portable                               
     extinguishers:                                                     
        Electrical..........................            X             X 
        Manifold-flange.....................            X             X 
        Drip-pan............................            X             X 
        Pump................................            X             X 
    Use self-contained breathing apparatus..  ............            X 
    Extinguish extensive fires with water...  ............            X 
    Extinguish fires with foam, or chemical.  ............            X 
    Fight fire in smoke-filled enclosed                                 
     space wearing SCBA.....................  ............            X 
    Extinguish fire with water fog in an                                
     enclosed space with heavy smoke........  ............            X 
    Extinguish oil fire with fog applicator                             
     and spray nozzles, dry-chemical, or                                
     foam applicators.......................  ............            X 
    Effect a rescue in a smoke-filled space                             
     while wearing breathing apparatus......  ............            X 
------------------------------------------------------------------------
(1) Course in tank-barge firefighting.                                  
(2) From the basic firefighting section of the IMO's Resolution A.437   
  (XI), ``Training of Crews in Fire Fighting''.                         



Sec. 13.123  Recency of service or experience for original tankerman endorsement.

    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.

[[Page 197]]



Sec. 13.125  Physical requirements.

    Each applicant for an original tankerman endorsement shall meet the 
physical requirements of Sec. 10.205(d) of this chapter, excluding 
paragraph (d)(2) of that section.



Sec. 13.127  Service requirements: General.

    (a) A service letter 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.
    (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.



Sec. 13.129  Quick-reference table for tankerman.

    Table 13.129 provides a guide to the requirements for various 
tankerman endorsements. Provisions in the reference sections are 
controlling.

[[Page 198]]



                                                                                          Table 13.129                                                                                          
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                           Firefighting                                         
            Category                 Minimum age        Physical required          Service       Recency of service   Proof of service      certificate           Course        English language
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Tankerman PIC Subpart B........  18: 13.201(a)......  Yes: 13.125..........  Yes: 13.203, 30     Yes: 13.123, 25%    Yes: 13.205,       Yes: 13.207, Basic  Yes: 13.209, DL    Yes: 13.201(g).  
                                                                              days licensed or    of service, 2       Letter.            F/F*.               or LG.                             
                                                                              60 days             transfers within                                                                              
                                                                              unlicensed and 10   5 yrs.                                                                                        
                                                                              cargo transfers.                                                                                                  
Tankerman PIC (Barge) Subpart C  18: 13.301(a)......  Yes: 13.125..........  Yes: 13.303, 60     Yes: 13.123, 25%    Yes: 13.305,       Yes: 13.307, Basic  Yes: 13.309, DL    Yes: 13.301(g).  
                                                                              days on T/Vs or 6   of service, 2       Letter.            F/F* or Tank-       or LG.                             
                                                                              months on T/Bs      transfers within                       barge F/F.                                             
                                                                              and 10 cargo        5 yrs.                                                                                        
                                                                              transfers.                                                                                                        
Tankerman Assistant Subpart D..  18: 13.401(a)......  Yes: 13.125..........  Yes: 13.403, 90     Yes: 13.123, 25%    Yes: 13.405,       Yes: 13.407, Basic  Yes: 13.409,       Yes: 13.401(f).  
                                                                              days on tankships   of service,         Letter.            F/F*.               Cargo course or                    
                                                                              or attend a cargo   within 5 yrs.                                              90 days service.                   
                                                                              course.                                                                                                           
Tankerman Engineer Subpart E...  18: 13.501(a)......  Yes: 13.125..........  Yes: 13.503, 90     Yes: 13.123, 25%    Yes: 13.505,       Yes: 13.507, Basic  Yes: 13.509,       Yes: 13.501(g).  
                                                                              days licensed or    of service,         Letter.            F/F*.               Cargo course or                    
                                                                              30 days licensed    within 5 yrs.                                              service                            
                                                                              and completion of                                                              requirements.                      
                                                                              a DL or LG course                                                                                                 
                                                                              or 60 days                                                                                                        
                                                                              unlicensed and                                                                                                    
                                                                              completion of a                                                                                                   
                                                                              DL or LG course.                                                                                                  
Restricted Tankerman PIC.......  18: 13.111(b)......  Yes: 13.111(b).......  Yes: 13.111(b), 30  Yes: 13.111(b),     Yes: 3.111(b),     Yes: 13.111(b),     No...............  Yes: 13.111(b).  
                                                                              days licensed or    25% of service, 2   Letter.            Basic F/F*.                                            
                                                                              60 days             transfers within                                                                              
                                                                              unlicensed and 10   5 yrs.                                                                                        
                                                                              cargo transfers.                                                                                                  
Restricted Tankerman PIC         18: 13.111(c)......  Yes: 13.111(c).......  Yes: 13.111(c), 60  Yes: 13.111(c),     Yes: 13.111(c),    Yes: 13.111(c),     No...............  Yes: 13.111(c).  
 (Barge).                                                                     days on T/Vs or 6   25% of service, 2   Letter.            Basic F/F* or                                          
                                                                              months on T/Bs      transfers within                       Tank-barge F/F.                                        
                                                                              and 10 cargo        5 yrs.                                                                                        
                                                                              transfers.                                                                                                        

[[Page 199]]

                                                                                                                                                                                                
Restricted Tankerman PIC         18: 13.111(d)......  Yes: 13.111(d).......  Yes: 13.111(d)(4),  No................  Yes: 13.111(d),    No................  No...............  Yes: 13.111(d).  
 (Barge) facility.                                                            ``Competent                             Letter.                                                                   
                                                                              Person'' and                                                                                                      
                                                                              knowledge of tank-                                                                                                
                                                                              cleaning, gas-                                                                                                    
                                                                              freeing.                                                                                                          
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*From the basic firefighting section of the IMO's Resolution A.437 (XI), ``Training of Crews in Fire Fighting''.                                                                                


[[Page 200]]



        Subpart B--Requirements for ``Tankerman-PIC'' Endorsement



Sec. 13.201  Original application for ``Tankerman-PIC'' endorsement.

    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 Sec. 13.125;
    (d) Present evidence of service on tankships in accordance with 
Sec. 13.203;
    (e) Meet the requirement of a course on firefighting in Sec. 13.207;
    (f) Meet the requirement of a course in DL or LG appropriate for the 
endorsement applied for in Sec. 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.



Sec. 13.203  Eligibility requirements: Experience.

    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 30 days of service as a licensed deck officer or a 
licensed engineering officer on one or more tankships certified to carry 
DL or LG appropriate to the endorsement applied for;
    (2) At least 60 days of unlicensed service on deck or in the engine 
department on one or more tankships certified to carry DL or LG 
appropriate to the endorsement applied for; or
    (3) A mixture of licensed and unlicensed service on deck or in the 
engine department on tankships certified to carry DL or LG appropriate 
to the endorsement applied for equivalent to 30 days of licensed 
service, every 2 days of unlicensed service counting as 1 day of 
licensed service.
    (b) Each applicant shall present evidence of participation, under 
the supervision of a ``Tankerman-PIC,'' in at least ten transfers of 
liquid cargo in bulk of the classification desired on tankships, 
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.



Sec. 13.205  Proof of service for ``Tankerman-PIC'' endorsement.

    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 
Sec. 13.127(a).



Sec. 13.207  Eligibility requirements: Firefighting course.

    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.



Sec. 13.209  Eligibility requirements: Cargo course.

    Each applicant for an original ``Tankerman-PIC'' endorsement shall 
present a certificate of completion from a course in DL or LG, 
appropriate for tankships, approved by the Commandant, appropriate to 
the endorsement applied for, within two years of the date of 
application.

[[Page 201]]



    Subpart C--Requirements for ``Tankerman-PIC (Barge)'' Endorsement



Sec. 13.301  Original application for ``Tankerman-PIC (Barge)'' endorsement.

    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 Sec. 13.125;
    (d) Present evidence of service on tank vessels in accordance with 
Sec. 13.303;
    (e) Meet the requirement of a firefighting course in Sec. 13.307;
    (f) Meet the requirement of a course in DL or LG appropriate for the 
endorsement applied for in Sec. 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.



Sec. 13.303  Eligibility requirements: Experience.

    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 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 ten transfers of liquid cargo in 
bulk of the classification desired on tankships or tank barges, 
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.



Sec. 13.305  Proof of service for ``Tankerman-PIC (Barge)'' endorsement.

    Service must be proved by a letter on company letterhead from a 
terminal owner or operator; a tank barge owner or operator; or the 
owner, operator, or master of a tankship. The letter must contain the 
information required by Sec. 13.127(a), excluding paragraph (a)(3)(vii).



Sec. 13.307  Eligibility requirements: Firefighting course.

    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 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;
    (b) A course in tank-barge firefighting, approved by the Commandant 
and meeting Sec. 13.121, completed within five years of the date of 
application for the endorsement.



Sec. 13.309  Eligibility requirements: Cargo course.

    Each applicant for an original ``Tankerman-PIC (Barge)'' endorsement 
shall present a certificate of completion from a course in DL or LG 
approved by the Commandant, appropriate to the endorsement applied for, 
within two years of the date of application.

[[Page 202]]



     Subpart D--Requirements for ``Tankerman-Assistant'' Endorsement



Sec. 13.401  Original application for ``Tankerman-Assistant'' endorsement.

    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 Sec. 13.125;
    (d) Meet the requirement of a firefighting course in Sec. 13.407;
    (e) (1) Meet the requirement of a course in DL or LG appropriate for 
the endorsement applied for in Sec. 13.409; or
    (2) Present evidence of service on tankships in accordance with 
Sec. 13.403; and
    (f) Be capable of speaking and understanding, in English, all 
instructions needed to commence, conduct, and complete a transfer of 
cargo.



Sec. 13.403  Eligibility requirements: Experience.

    (a) Each applicant for a ``Tankerman-Assistant'' endorsement shall 
present--
    (1) Evidence of at least 90 days of deck service on tankships 
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 
Sec. 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 Sec. 13.409.



Sec. 13.405  Proof of service for ``Tankerman-Assistant'' endorsement.

    (a) Service must be proved by a letter on company letterhead from 
the owner, operator, or master of a tankship. 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; 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 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.



Sec. 13.407  Eligibility requirements: Firefighting course.

    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.



Sec. 13.409  Eligibility requirements: Cargo course.

    Each applicant for an original ``Tankerman-Assistant'' endorsement 
that has not presented the required service on tankships must present a 
certificate of completion from a course in DL or LG, appropriate for 
tankships, approved by the Commandant, appropriate to the endorsement 
applied for,

[[Page 203]]

within two years of the date of application.



     Subpart E--Requirements for ``Tankerman-Engineer'' Endorsement



Sec. 13.501  Original application for ``Tankerman-Engineer'' endorsement.

    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 Sec. 13.125;
    (d) Present evidence of service on tankships in accordance with 
Sec. 13.503;
    (e) Meet the requirement of a firefighting course in Sec. 13.507;
    (f) Meet the requirement of a course in DL or LG appropriate for the 
endorsement applied for in Sec. 13.509; and
    (g) Be capable of speaking and understanding, in English, all 
instructions needed to commence, conduct, and complete a transfer of 
cargo.



Sec. 13.503  Eligibility requirements: Experience.

    (a) Each applicant for a ``Tankerman-Engineer'' endorsement shall 
present evidence of at least--
    (1) 90 days of service as a licensed engineering officer on 
tankships certified to carry DL or LG appropriate to the endorsement 
applied for;
    (2) 30 days of service as a licensed engineering officer on 
tankships certified to carry DL or LG appropriate to the endorsement 
applied for, and a certificate of completion from a course in DL or LG 
appropriate for the endorsement applied for as prescribed by 
Sec. 13.509(a); or
    (3) 60 days of unlicensed service in the engine department on 
tankships certified to carry DL or LG appropriate to the endorsement 
applied for, and a certificate of completion from a course in DL or LG 
appropriate for the endorsement applied for as prescribed by 
Sec. 13.509(a).
    (b) Each applicant already holding an MMD endorsed ``Tankerman-
Engineer'' for DL and seeking one for LG, or the converse, shall provide 
evidence of at least half the service required by--
    (1) Paragraph (a)(1) of this section; or
    (2) Paragraph (a)(2) or (3) of this section, and a certificate of 
completion from a course in DL or LG appropriate for the endorsement 
applied for as prescribed by Sec. 13.509(a).



Sec. 13.505  Proof of service for ``Tankerman-Engineer'' endorsement.

    (a) Service must be proved by a letter on company letterhead from 
the owner, operator, or master or chief engineer of a tankship. 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
    (b) Service must be proved by certificates of discharge from 
tankships with the appropriate classification of cargo (DL, LG, or 
both).



Sec. 13.507  Eligibility requirements: Firefighting course.

    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.



Sec. 13.509  Eligibility requirements: Cargo course.

    Each applicant for an original ``Tankerman-Engineer'' endorsement 
that has not presented service prescribed by Sec. 13.503(a)(1) must 
present a certificate of completion from a course in DL or LG, 
appropriate for tankships, approved by the Commandant, appropriate to 
the endorsement applied for, within two years of the date of 
application.

[[Page 204]]



PART 14--SHIPMENT AND DISCHARGE OF SEAMEN--Table of Contents




                         Subpart 14.01--General

Sec.
14.01-1  Purpose of part.
14.01-3  Coast Guard address.
14.01-5  Foreign or intercoastal voyages upon which shipping articles 
          are required.
14.01-7  Voyages upon which shipping articles are not required.

                    Subpart 14.05--Shipping Articles

14.05-1  Form of shipping articles.
14.05-2  Posting copy of shipping articles.
14.05-3  Preparation of shipping articles.
14.05-5  Production of documents by seamen signing shipping articles.
14.05-7  Paying off seamen during foreign or intercoastal voyage.
14.05-10  Reporting shipment and discharge of seamen.
14.05-15  Completing entries in shipping articles at completion of 
          voyage.

                    Subpart 14.10--Discharging Seamen

14.10-1  Entries in continuous discharge book.
14.10-5  Entries in certificates of discharge to merchant seamen.
14.10-7  Issuance of certificate of character upon discharge of seaman.
14.10-10  Discharging a seaman in a foreign port.
14.10-15  Certificate of discharge issued pending issuance of duplicate 
          continuous discharge book.
14.10-20  Discharge of seamen in special cases.

    Subpart 14.15--Disclosure of Information Regarding Shipments and 
                     Discharges of Merchant Mariners

14.15-1  Availability of information to the public.

  Subpart 14.20--Special Provisions for Oceanographic Research Vessels

14.20-1  General.
14.20-5  Procedures.
14.20-10  Exemptions.
14.20-15  Reports required.

    Authority: 5 U.S.C. 552; 46 U.S.C. 2103, 2113, 3306, 8105, 10104; 49 
CFR 1.46.

    Source: 44 FR 70155, Dec. 6, 1979, unless otherwise noted.



                         Subpart 14.01--General



Sec. 14.01-1  Purpose of part.

    This part prescribes rules for the shipment and discharge of seamen 
on certain United States vessels.



Sec. 14.01-3  Coast Guard address.

    Each form or report required in this part to be submitted to the 
Commandant shall be forwarded to: Director, National Maritime Center 
(NMC).

[44 FR 70155, Dec. 6, 1979, as amended by CGD 95-072, 60 FR 50460, Sept. 
29, 1995]



Sec. 14.01-5  Foreign or intercoastal voyages upon which shipping articles are required.

    (a) Prior to proceeding on any foreign or intercoastal voyage listed 
in this section, or the engagement of replacement or additional seamen 
for such a voyage, the master shall make an agreement (shipping 
articles) in writing with each seaman. The articles shall be signed by 
the master and each seaman so engaged.
    (b) Except as provided in Sec. 14.01-7, shipping articles are 
required for the following voyages and vessels:
    (1) A voyage by a United States vessel from a port in the United 
States to any foreign port other than ports in the following areas:
    (i) British North American possessions.
    (ii) West India Islands.
    (iii) Republic of Mexico.
    (2) A voyage by a United States vessel of 75 gross tons or upward 
between a United States port on the Atlantic and a United States port on 
the Pacific, or vice versa.

    Note: The provisions of R.S. 4520 (46 U.S.C. 574), require the 
master of any United States vessel of 50 gross tons or upward, bound 
from a port in one state to a port in any other than an adjoining state, 
to make an agreement (shipping articles) with every seaman engaged.



Sec. 14.01-7  Voyages upon which shipping articles are not required.

    (a) Shipping articles are not required but may be utilized for the 
following classes of vessels:
    (1) Vessels engaged exclusively in fishing or whaling.
    (2) Yachts.

[[Page 205]]

    (3) Vessels upon which the seamen are by custom or agreement 
entitled to participate in the profits or results of a cruise or voyage.



                    Subpart 14.05--Shipping Articles



Sec. 14.05-1  Form of shipping articles.

    (a) The form and content of shipping articles for foreign or 
intercoastal voyages are generally controlled by R.S. 4511 (46 U.S.C. 
564), R.S. 4512 (46 U.S.C. 565), and R.S. 4612 (46 U.S.C. 713, Tables A 
and B).
    (b) The Coast Guard Officer in Charge, Marine Inspection will, as a 
matter of convenience, supply form CG-705A (shipping articles) upon 
request. Form CG-705A is considered to comply with the requirements of 
the statutes noted in paragraph (a) of this section. Any other form of 
shipping articles complying with the requirements of the statutes noted 
in paragraph (a) may be utilized.

    Note: Detailed instructions for the completion of form CG-705A are 
contained in Navigation and Vessel Inspection Circular 8-79, which may 
be obtained at any Coast Guard Marine Inspection or Safety Office.



Sec. 14.05-2  Posting copy of shipping articles.

    (a) At the commencement of a foreign or intercoastal voyage the 
master shall ensure a legible copy of the shipping articles, omitting 
signatures (Forecastle Card), is posted at a place accessible to the 
crew. Form CG-704 or equivalent may be utilized for this purpose.



Sec. 14.05-3  Preparation of shipping articles.

    (a) Shipping articles for foreign or intercoastal voyages shall be 
made out in duplicate. The original shall be retained by the master, who 
shall enter therein any changes made in the crew during the voyage.



Sec. 14.05-5  Production of documents by seamen signing shipping articles.

    (a) At the time of engagement, each seaman shall present to the 
master any certificate or license as may be required by law for the 
service to be performed.



Sec. 14.05-7  Paying off seamen during foreign or intercoastal voyage.

    (a) In case of the paying off of any members of the crew during a 
foreign or intercoastal voyage, each seaman shall sign the release on 
the original of the shipping articles. In a foreign port, where a United 
States consul is available, the release shall be executed by the master 
and seaman before the consul or his representative. In a foreign port 
where a United States consul is not available, the release need be 
executed only by the master and seaman.



Sec. 14.05-10  Reporting shipment and discharge of seamen.

    (a) The master of each merchant vessel of one hundred gross tons or 
upward, shall report the employment, discharge or termination of the 
service of every seaman in the manner provided in this section. Reports 
need not be submitted by masters' of the following vessels:
    (1) Vessels employed exclusively in trade on the navigable rivers of 
the United States.
    (2) Fishing and whaling vessels.
    (3) Yachts.
    (4) Ferries and tugs used in ferry operations if such ferries and 
tugs are employed exclusively in trade on the Great Lakes, lakes (other 
than the Great Lakes), bays, sounds, bayous, canals, and harbors, and 
are not engaged on international voyages.
    (5) Unrigged vessels other than seagoing barges.
    (b) When a vessel is engaged on a foreign or intercoastal voyage, 
the master shall submit a Form CG-735-T to the Commandant prior to 
sailing and upon completion of the voyage. At the option of the master, 
a copy of the vessel's shipping articles may be submitted to the 
Commandant in lieu of Form CG-735-T. When utilized, Form CG-735-T shall 
contain the names, as well as the other information required by the 
form, of the master and each member of the crew shipped or discharged. 
During the term of the voyage the master shall submit supplementary 
reports on Form CG-735-T listing the names, as well as the other 
information required by the form, of each seaman engaged, discharged, or 
whose services have been otherwise terminated.

[[Page 206]]

    (c) When a vessel is engaged on a coastwise voyage not specifically 
covered by paragraph (d) or (e) of this section, the master shall, prior 
to sailing, submit to the Commandant a Form CG-735-T listing the names, 
as well as other information required by the form, with the exception of 
the date and place of discharge, of the master and of each member of the 
crew shipped. Thereafter, at the end of each calendar month, the master 
shall submit a supplementary report on Form CG-735-T listing the name, 
as well as the other information required by the form, of each seaman 
engaged, discharged, or whose services were otherwise terminated since 
the previous submission of the form. When the voyage is completed the 
master shall submit a final report to the Commandant on Form CG-735-T.
    (d) When a vessel is employed exclusively on bays or sounds, the 
master shall submit a Form CG-735-T, on the last day of each calendar 
month, listing the name, as well as the other information required by 
the form, of each seaman employed, discharged, or whose services were 
otherwise terminated during the month.
    (e) When a vessel is employed exclusively on the Great Lakes, the 
master shall submit a Form CG-735-T at the commencement of the season, 
or when the vessel is put into service, lising the names, as well as the 
other information required by the form, with the exception of date and 
place of discharge, of each member of the crew. Thereafter, at the end 
of each calendar month, the master shall submit a supplementary report 
on Form CG-735-T listing the names, as well as the other information 
required by the form, of each seaman whose employment was terminated 
during the month and who was not reengaged on the vessel's next trip, 
and each seaman engaged during the month who was not also employed on 
the vessel in the same capacity on her last trip preceding the 
engagement. At the close of the season, or when the vessel is withdrawn 
from service, the master shall submit a final report to the Commandant 
on Form CG-735-T containing the information required by the form, 
concerning each seaman who has not been previously reported as 
discharged.
    (f) Every discharge entry made on a Form CG-735-T shall agree 
exactly with the corresponding entry made in a Continuous Discharge Book 
(Form CG-719), the Record of Entry in Continuous Discharge Book (Form 
CG-718E), or on the certificate of Discharge to Merchant Seaman (Form 
CG-718A) issued to a seaman. Each record of entry or copy of the 
discharge shall be attached to Form CG-735-T on which discharges are 
reported.
    (g) Any master who fails to comply with the requirements of this 
section is subject to a penalty of $500.



Sec. 14.05-15  Completing entries in shipping articles at completion of voyage.

    (a) At the completion of a foreign or intercoastal voyage, when the 
crew is paid off, the release on the shipping articles shall be signed 
by all members of the crew.
    (b) All entries made in continuous discharge books during the 
voyage, and all entries made in certificates of discharge issued during 
the voyage to seamen holding merchant mariner's documents shall be 
duplicated on the shipping articles.



                    Subpart 14.10--Discharging Seamen



Sec. 14.10-1  Entries in continuous discharge book.

    (a) Upon the discharge of any seaman who holds a Continuous 
Discharge Book (Form CG-719), and the payment of wages, the master shall 
complete the required entries in the book.
    (b) The master making the entries in the Continuous Discharge Book 
shall also prepare a Record of Entry in Continuous Discharge Book (Form 
CG-718E).
    (c) The completed Form CG-718E shall be signed by the seaman in 
whose Continuous Discharge Book the original entry was made and by the 
master.
    (d) All entries in a Continuous Discharge Book (Form CG-719) shall 
be made in black ink. All entries on Form CG-718E shall be made with a 
typewriter or an indelible pencil.

[[Page 207]]

    (e) The original copy of completed Form CG-718E shall be submitted 
to the Commandant. The duplicate copy of completed Form CG-718E may be 
retained by the master issuing such record of entry.



Sec. 14.10-5  Entries in certificate of discharge to merchant seaman.

    (a) Upon the discharge of any seaman who holds a merchant mariner's 
document issued by the Coast Guard, and payment of wages, the master 
shall issue to the seaman a Certificate of Discharge to Merchant Seaman 
(Form CG-718A).
    (b) The completed Form CG-718A shall be signed by the seaman to who 
it is issued and by the master of the vessel. The signatures shall be 
made with an indelible pencil before the issuance of the original copy 
to the seaman.
    (c) All entries on Certificates of Discharge to Merchant Seaman 
(Form CG-718A) shall be made with a typewriter or an indelible pencil.
    (d) The original completed Form CG-718A shall be issued to the 
seaman who signs the certificate. The yellow copy of the completed Form 
CG-718A may be retained by the master issuing such discharge. The white 
copy of completed Form CG-718A shall be submitted to the Commandant.



Sec. 14.10-7  Issuance of certificate of character upon discharge of seaman.

    (a) Upon the discharge of each seaman from a vessel engaged on a 
voyage listed in Sec. 14.01-5(b), the master shall make and sign in the 
official logbook, and on the articles should such an entry be called 
for, a report of the conduct, character and qualifications of the person 
discharged; or may state as the report that he declines to give any 
opinion.



Sec. 14.10-10  Discharging a seaman in a foreign port.

    (a) Upon the discharge of any seaman in a foreign port the master 
shall make the required entries on the ship's articles and Form CG-718A 
or Form CG-718E, as appropriate. All entries shall be attested to by a 
U.S. Consular Officer in ports where such an officer is available.



Sec. 14.10-15  Certificate of discharge issued pending issuance of duplicate continuous discharge book.

    (a) When a seaman's continuous discharge book has been lost, pending 
the issuance of a duplicate, the master shall furnish the seaman with a 
Certificate of Discharge to Merchant Seaman (Form CG-718A) at the 
completion of a voyage, and this fact shall be noted on the articles. 
The white copy of the certificate of discharge shall be forwarded to the 
Commandant.



Sec. 14.10-20  Discharge of seamen in special cases.

    (a) Section 16 of the Act of December 21, 1898 (30 Stat. 759), 
amended in part R.S. 4581 (46 U.S.C. 683), relating to the discharge of 
seamen by consuls, to read:

    If a seaman is discharged on account of injury or illness, 
incapacitating him for service, the expenses of his maintenance and 
return to the United States shall be paid from the fund for the 
maintenance and transportation of destitute American seamen.

    (b) Section 19 of the Seamen's Act of March 4, 1915 (38 Stat. 1185; 
46 U.S.C. 683), adds to these words the following:

    Provided: That at the discretion of the Commandant of the Coast 
Guard and under such regulations as he may prescribe, if any seaman 
incapacitated from service by injury or illness is on board a vessel so 
situated that a prompt discharge requiring the personal appearance of 
the master of the vessel before a United States consul or consular agent 
is impracticable, such seaman may be sent to a consul or consular agent, 
who shall care for him and defray the cost of his maintenance and 
transportation, as provided in this paragraph.

    (c) The personal appearance of the master of the vessel before a 
United States consul or consular agent to consent to the discharge of a 
seaman who has been incapacitated by injury or illness may be waived by 
the consul under the following conditions:
    (1) When the condition of the injured or ill seaman is such that 
prompt medical attention is necessary and cannot be furnished on 
shipboard, and
    (2) When the master cannot proceed with the seaman to the consul 
without risk to the crew, the vessel, or the cargo.

[[Page 208]]

    (d) When the master cannot appear before the consul in person the 
master shall address to the consul in writing a full statement of the 
facts which render necessary the discharge of the seaman, together with 
a statement of the reasons why the master is unable to appear before the 
consul. The statement should cover the usual particulars set forth in a 
discharge and should be accompanied with an account of the wages due 
with the necessary funds to meet such wages, or (if the cash is not 
available) with an order to the owner for the amount due.
    (e) If the consul shall deem the statement satisfactory, the seaman 
may be discharged as directed in R.S. 4581, as amended by section 16 of 
the Act of December 21, 1898, and section 19 of the Act of March 4, 
1915, as if the master were present, attaching to the discharge and to 
the consul's relief account a copy of the statement submitted by the 
master.
    (f) If the consul shall deem the statement unsatisfactory, and the 
condition of the seaman permits, the consul may decline to grant the 
discharge and direct that the seaman be returned to the vessel at its 
expense.
    (g) When the condition of the injured or ill seaman is such that the 
seaman is incapable of completing the release for discharge at the time 
of removal from the vessel, the master shall complete the master's 
portion of the Mutual Release (Form CG-713A) and place the form with the 
seaman.
    (1) If the seaman possesses a continuous discharge book, the master 
shall make the proper entries in the book and on the ship's articles and 
complete Form CG-718E. Form CG-718E shall be retained by the master 
until the termination of the voyage, at which time it shall be delivered 
to the vessel's owner or agent along with the shipping articles. Upon 
completion and presentation of the Mutual Release (Form CG-713A) to the 
vessel's owner or agent, the seaman shall receive all wages due. Form 
CG-718E shall then be signed by the seaman and the original copy 
forwarded to the Commandant. At this time a notation of the completion 
of the release should be made on the shipping articles and Form CG-713A 
attached thereto.
    (2) If the seaman possesses a merchant mariner's document, the 
master shall complete a certificate of discharge on Form CG-718A, and 
make the proper entries on the ship's articles. Form CG-718A shall be 
retained by the master until the termination of the voyage, at which 
time it shall be delivered to the vessel's owner or agent along with the 
shipping articles. Upon completion and presentation of the Mutual 
Release (Form CG-713A) to the vessel's owner or agent, the seaman shall 
receive all wages due. Form CG-718A shall then be signed by the seaman 
and the original given to him. The white copy of Form CG-718A shall be 
forwarded to the Commandant. At this time a notation of the completion 
of the release should be made on the shipping articles and Form CG-713A 
attached thereto.



    Subpart 14.15--Disclosure of Information Regarding Shipments and 
                     Discharges of Merchant Mariners



Sec. 14.15-1  Availability of information to the public.

    The Coast Guard makes information available to the public in 
accordance with 49 CFR part 7.



  Subpart 14.20--Special Provisions for Oceanographic Research Vessels

    Source: CGD 77-081, 46 FR 56203, Nov. 16, 1981, unless otherwise 
noted.



Sec. 14.20-1  General.

    Unless otherwise provided in this subpart, the provisions of title 
53 of the Revised Statutes governing the employment of merchant seamen, 
and any acts amending or supplementing it, remain applicable to 
oceanographic research vessels.



Sec. 14.20-5  Procedures.

    (a) Oceanographic research vessels, designated in accordance with 
Sec. 3.10-1 of this title may be exempted from certain provisions of 
title 53 of the Revised Statutes governing the employment of merchant 
seamen upon written request by the master, owner or agent

[[Page 209]]

of the vessel to the Officer in Charge, Marine Inspection, in whose zone 
the vessel is located.
    (b) The request should contain:
    (1) A list of the exemptions set forth in Sec. 14.20-10(b) which the 
applicant wishes to invoke.
    (2) An outline of business practices relating to the shipment, 
discharge, payment, and outfitting of personnel that would justify the 
granting of those exemptions.
    (c) The Officer in Charge, Marine Inspection, shall forward the 
exemption request, along with a recommendation, to the Commandant, who 
will determine whether it shall be granted. Any exemptions granted shall 
be indicated by letter issued by the Officer in Charge, Marine 
Inspection. The letter shall be maintained on board the vessel.
    (d) In the event of a change in operating conditions, the owner, 
master, or agent of the vessel shall advise the local Officer in Charge, 
Marine Inspection. The Officer in Charge, Marine Inspection, shall 
forward pertinent information concerning the operational changes, along 
with a recommendation, to the Commandant, who shall determine if the 
vessel is still eligible to retain its exemptions.



Sec. 14.20-10  Exemptions.

    (a) Certain requirements contained in title 53 of the Revised 
Statutes are not relevant to the employment of seamen on oceanographic 
research vessels. These requirements are those concerned with the 
shipment and discharge of seamen, pay and allotment, and the furnishing 
of adequate clothing. Section 445 of title 46 U.S.C., provides the 
authority for exempting oceanographic research vessels from certain 
provisions of title 53, upon such terms and conditions as may be deemed 
necessary. The exemptions listed in this subpart are subject to the 
terms and conditions that are specified below:
    (1) The use of any exemption does not in any manner relieve the 
owner, charterer or master of other statutory responsibilities for the 
protection of seamen.
    (2) The master agrees to receive, consider, and accord appropriate 
action to the legitimate complaint of any seaman which is presented in a 
reasonable manner and at a reasonable time.
    (3) If an exemption is contingent upon the use of alternate 
procedures, the crew shall be informed of the alternate procedures.
    (4) If an exemption is contingent upon the use of alternate 
procedures, it may be terminated if the alternate procedures are not 
followed.
    (b) Exemptions from the following provisions of title 53 may be made 
for oceanographic research vessels that have marine crews employed by a 
firm, association, corporation, educational or research institution, or 
governmental body or agency, which operates such vessels as a normal 
part of its educational or oceanographic activities. Employment on these 
vessels must be of a permanent nature, rather than for a particular 
voyage or voyages, and must be subject to the same practices, including 
method of payment, tenure and employee benefits, as generally applied to 
other employees of the employer.
    (1) 46 U.S.C. 564 Shipping Articles.
    (2) 46 U.S.C. 565 Rules for Shipping Articles.
    (3) 46 U.S.C. 570 Shipping Seamen in Foreign Ports.
    (4) 46 U.S.C. 574 Shipping Articles for Vessels in the Coasting 
Trade.
    (5) 46 U.S.C. 575 Penalty for Shipping without Articles.
    (6) 46 U.S.C. 576 Penalty for Omitting to Begin Voyage.
    (7) 46 U.S.C. 577 Posting Copies of Agreement.
    (8) 46 U.S.C. 596 Time for Payment. (Provided the owner or charterer 
of the vessel, in the use of a pay system, follows a normal and 
generally accepted business or governmental practice.)
    (9) 46 U.S.C. 597 Payment at Ports.
    (10) 46 U.S.C. 599 Advance and allotments.
    (11) 46 U.S.C. 641 Mode.
    (12) 46 U.S.C. 642 Accounting as to wages.
    (13) 46 U.S.C. 643(d) Entry in continuous discharge book and 
certificate of identification--Entries.
    (14) 46 U.S.C. 643(e) Certificate of Discharge; issuance; form and 
contents. (Provided that upon request, a seaman shall be furnished a 
certified record of

[[Page 210]]

his or her sea service by the owner, charterer or master of the vessel.)
    (15) 46 U.S.C. 643(1) Report by master of employment or discharge of 
seaman not shipped or discharged before Coast Guard official. (Provided 
the master submits a report under Sec. 14.20-15.)
    (16) 46 U.S.C. 644 Rules for settlement.
    (17) 46 U.S.C. 669 Clothing and heat. (May be exempted with respect 
to clothing. However, the master of the vessel shall ensure that each 
seaman is adequately outfitted for the voyage, particularly those seamen 
whose duties require them to be exposed to inclement weather.)
    (18) 46 U.S.C. 670 Slop chests. (Provided the master of the vessel 
determines that each seaman is adequately outfitted and has sufficient 
personal supplies for the voyage.)
    (19) 46 U.S.C. 682 Wages on discharge. (Provided that the owner, 
charterer or master of the vessel, in the use of a pay system, follows a 
normal and generally accepted business or governmental practice.)



Sec. 14.20-15  Reports required.

    (a) The master of every oceanographic research vessel of 100 gross 
tons or more required to execute a shipping agreement shall submit a 
completed ``Master's Report of Seamen Shipped or Discharged'' (form CG-
735T) reporting the employment, discharge, or termination of services of 
every seaman serving in the crew at least every six months. These 
reports will provide for orderly central record keeping by the Coast 
Guard of sea service and other matters for seamen attached to 
oceanographic research vessels.
    (b) At the option of the master, a copy of the vessel's shipping 
articles, if utilized, may be submitted to the Commandant in lieu of 
Form CG-735T.
    (c) Every discharge entry made on a Form CG-735T or shipping 
articles must agree exactly with the corresponding entry made in a 
continuous discharge book or on a certificate of discharge, or other 
proof of sea service furnished a seaman.
    (d) Copies of records or reports that are required to be furnished 
to the Coast Guard shall be mailed or delivered to the Director, 
National Maritime Center (NMC).

[44 FR 70155, Dec. 6, 1979, as amended by CGD 95-072, 60 FR 50460, Sept. 
29, 1995]



PART 15--MANNING REQUIREMENTS--Table of Contents




                  Subpart A--Purpose and Applicability

Sec.
15.101  Purpose of regulations.
15.103  General.

                     Subpart B--Definition of Terms

15.301  Definitions of terms used in this part.

              Subpart C--Manning Requirements; All Vessels

15.401  Employment and service within restrictions of license or 
          document.
15.405  Familiarity with vessel characteristics.
15.410  Licensed individuals for assistance towing vessels.

           Subpart D--Manning Requirements; Inspected Vessels

15.501  Certificate of inspection.
15.505  Changes in the certificate of inspection.
15.510  Right of appeal.
15.515  Compliance with certificate of inspection.
15.520  Mobile offshore drilling units.
15.525  Reference to other parts.

          Subpart E--Manning Requirements; Uninspected Vessels

15.601  General.
15.605  Licensed operators for uninspected passenger vessels.
15.610  Licensed operators for uninspected towing vessels.

              Subpart F--Limitations and Qualifying Factors

15.701  Officers' Competency Certificates Convention, 1936.
15.705  Watches.
15.710  Working hours.
15.715  Automated vessels.
15.720  Use of non-U.S. licensed and/or documented personnel.
15.725  Sailing short.
15.730  Language requirements.

                         Subpart G--Computations

15.801  General.
15.805  Master.

[[Page 211]]

15.810  Mates.
15.812  Pilots.
15.815  Radar observers.
15.820  Chief engineer.
15.825  Engineers.
15.830  Radio officers.
15.835  Staff officers.
15.840  Able seamen.
15.845  Lifeboatmen.
15.850  Lookouts.
15.855  Cabin watchmen and fire patrolmen.
15.860  Tankerman.

                         Subpart H--Equivalents

15.901  Inspected vessels of less than 100 gross tons.
15.905  Uninspected passenger vessels.
15.910  Uninspected towing vessels.
15.915  Engineer licenses.

                   Subpart I--Vessels in Foreign Trade

15.1001  General.
15.1010  California.
15.1020  Hawaii.
15.1030  New York and New Jersey.
15.1040  Massachusetts.

    Authority: 46 U.S.C. 2103, 3703, 8101, 8102, 8104, 8301, 8304, 8502, 
8503, 8701, 8702, 8901, 8902, 8903, 8904, 8905(b), 9102; 49 CFR 1.45 and 
1.46.

    Source: CGD 81-059, 52 FR 38652, Oct. 16, 1987, unless otherwise 
noted.



                  Subpart A--Purpose and Applicability



Sec. 15.101  Purpose of regulations.

    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.



Sec. 15.103  General.

    (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.



                     Subpart B--Definition of Terms



Sec. 15.301   Definitions of terms used in this part.

    (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:
    Assistance Towing means towing a disabled vessel for consideration.
    Coastwise seagoing vessel means a vessel that is authorized by its 
Certificate of Inspection to proceed beyond the Boundary Line 
established in part 7 of this chapter.
    Deck crew (excluding licensed individuals) means, as used in 46 
U.S.C. 8702, only the following members of the deck department below the 
grade of licensed individual: Able seamen and ordinary seamen.
    Designated areas means those areas within pilotage waters for which 
first class pilot's licenses or endorsements are issued under part 10, 
subpart G, of this Chapter, by the Officer in Charge, Marine Inspection 
(OCMI). The areas for which first class pilot's licenses or endorsements 
are issued within a particular Marine Inspection Zone and the specific 
requirements to obtain them may be obtained from the OCMI concerned.
    Officer in Charge, Marine Inspection (OCMI) for the purposes of part 
15

[[Page 212]]

means any person designated as such by the Commandant and who under the 
Coast Guard District Commander is in charge of an inspection zone.
    Pilotage waters means the navigable waters of the United States, 
including all inland waters and offshore waters to a distance of three 
nautical miles from the baseline from which the Territorial Sea is 
measured.
    Staff officer means a person who holds a certificate of registry in 
the staff department such as a purser, a medical doctor or professional 
nurse, which is issued by the Coast Guard.
    Self-Propelled has the same meaning as the terms propelled by 
machinery and mechanically propelled. This term would also include 
vessels fitted with both sails and mechanical propulsion.
    Tank barge means a non-self-propelled tank vessel.
    Tank vessel means a vessel that is constructed or adapted to carry, 
or that carries, oil or hazardous material in bulk as cargo or cargo 
residue.
    Tankship means any tank vessel constructed or adapted primarily to 
carry oil or hazardous material in bulk as cargo or cargo residue and 
propelled by power or sail.
    Transfer means any movement of dangerous liquid or liquefied gas as 
cargo in bulk or as cargo residue to, from, or within a vessel by means 
of pumping, gravitation, or displacement. Section 13.127 of this chapter 
describes what qualifies as participation in a creditable transfer.
    (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 towing vessels;
    (7) Operator of uninspected passenger vessels.
    (8) Offshore installation manager (OIM);
    (9) Barge supervisor (BS);
    (10) Ballast control operator (BCO).
    (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.).
    (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.

[CGD 81-059 and CGD 81-059a, 52 FR 38623 and 38670, Oct. 16, 1987, as 
amended by CGD 87-017, 53 FR 18562, May 24, 1988; CGD 81-059, 54 FR 149, 
Jan. 4, 1989; CGD 81-059a, 55 FR 14805, Apr. 18, 1990; CGD 84-060, 59 FR 
4841, Feb. 2, 1994; CGD 79-116, 60 FR 17154, Apr. 4, 1995; CGD 84-060, 
60 FR 20652, Apr. 27, 1995]



              Subpart C--Manning Requirements; All Vessels



Sec. 15.401  Employment and service within restrictions of license or document.

    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 on 
the license, certificate of registry, or merchant mariner's document.

[CGD 81-059, 54 FR 149, Jan. 4, 1989]

[[Page 213]]



Sec. 15.405  Familiarity with vessel characteristics.

    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.



Sec. 15.410  Licensed individuals for assistance towing vessels.

    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.

[CGD 87-017, 53 FR 18562, May 24, 1988]



           Subpart D--Manning Requirements; Inspected Vessels



Sec. 15.501  Certificate of inspection.

    (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.

[CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended at CGD 81-059, 54 FR 
149, Jan. 4, 1989]



Sec. 15.505  Changes in the certificate of inspection.

    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.



Sec. 15.510  Right of appeal.

    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.

[CGD 88-033, 54 FR 50380, Dec. 6, 1989]



Sec. 15.515  Compliance with certificate of inspection.

    (a) Except as provided by Sec. 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.



Sec. 15.520  Mobile offshore drilling units.

    (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),

[[Page 214]]

or ballast control operator (BCO) authorizes service only on MODUs. A 
license or endorsement as OIM is restricted to the MODU type and mode of 
operation specified on the license.
    (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.

[CGD 81-059a, 55 FR 14805, Apr. 18, 1990]



Sec. 15.525  Reference to other parts.

    Parts 31 and 35 of this chapter contain additional manning 
requirements applicable to tank vessels.



          Subpart E--Manning Requirements; Uninspected Vessels



Sec. 15.601  General.

    The following sections of subparts F, G, and H of this part contain 
provisions concerning manning of uninspected vessels; Secs. 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.



Sec. 15.605  Licensed operators for uninspected passenger vessels.

    Each self-propelled, uninspected vessel carrying not more than six 
passengers, as defined by 46 U.S.C. 2101(21)(D), must be under the 
direction and control of an individual licensed by the Coast Guard.



Sec. 15.610  Licensed operators for uninspected towing vessels.

    Every uninspected towing vessel which is at least 26 feet in length 
measured from end to end over the deck (excluding sheer) must be under 
the direction and control of an individual licensed by the Coast Guard. 
This does not apply to a vessel of less than 200 gross tons engaged in 
the offshore mineral and oil industry if the vessel has offshore mineral 
and oil industry sites or equipment as its ultimate destination or place 
of departure.



              Subpart F--Limitations and Qualifying Factors



Sec. 15.701  Officers Competency Certificates Convention, 1936.

    (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;

[[Page 215]]

    (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. Designated official includes Coast Guard 
officers, Coast Guard petty officers and officers or employees of the 
Customs Service.
    (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 Sec. 2.01-70 of this 
chapter.



Sec. 15.705  Watches.

    (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 watch to be the direct performance of vessel 
operations, whether deck or engine, where such operations would 
routinely be controlled and performed in a scheduled and fixed rotation. 
The performance of maintenance or work necessary to the vessel's safe 
operation on a daily basis does not in itself constitute the 
establishment of a watch. The minimal safe manning levels specified in a 
vessel's certificate of inspection takes into consideration routine 
maintenance requirements and ability of the crew to perform all 
operational evolutions, including emergencies, as well as those 
functions which may be assigned to persons in watches.
    (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 divided, when at sea, 
into at least three watches and shall be kept on duty successively to 
perform ordinary work incident to the operation and management of the 
vessel. The Coast Guard interprets sailors to mean those members of the 
deck department other than licensed officers, whose duties involve the 
mechanics of conducting the ship on its voyage, such as helmsman 
(wheelsman), lookout, etc., and which are necessary to the maintenance 
of a continuous watch. Sailors is not interpreted to include able seamen 
and ordinary seamen not performing these duties.
    (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 
individual operating an uninspected 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 individuals serving as 
operators of uninspected 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,

[[Page 216]]

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.



Sec. 15.710  Working hours.

    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.



Sec. 15.715  Automated vessels.

    (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.



Sec. 15.720  Use of non-U.S. licensed and/or documented personnel.

    (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 
Sec. 15.730.

[CGD 89-061, 55 FR 1212, Jan. 12, 1990]



Sec. 15.725  Sailing short.

    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

[[Page 217]]

proceed on the voyage, having determined the vessel is sufficiently 
manned for the voyage. A report of sailing short must be filed in 
writing with the Officer in Charge, Marine Inspection (OCMI) having 
cognizance for inspection in the area in which the vessel is operating, 
or the OCMI within whose jurisdiction the voyage is completed. The 
report must explain the cause of each deficiency and be submitted within 
twelve hours after arrival at the next port. The actions of the master 
or person in charge in such instances are subject to review and it must 
be shown the vacancy was not due to the consent, fault or collusion of 
the master or other individuals specified in 46 U.S.C. 8101(e). A civil 
penalty may be assessed against the master or person in charge for 
failure to submit the report.



Sec. 15.730  Language requirements.

    (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 75 percent of the crew in each department on board is able to 
understand any order spoken by the officers.
    (c) The words able to understand any order spoken by the officers 
relates to any order to a member of the crew when directing the 
performance of that person's duties and orders relating to emergency 
situations such as used for response to a fire or in using lifesaving 
equipment. It is not expected that a member of the deck department 
understand terminology normally used only in the engineroom or vice 
versa.
    (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.



                         Subpart G--Computations



Sec. 15.801  General.

    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.

[CGD 81-059, 54 FR 149, Jan. 4, 1989]



Sec. 15.805   Master.

    (a) There must be an individual holding an appropriate license as 
master in command of each of the following vessels:

[[Page 218]]

    (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.
    (b) Every vessel documented under the laws of the United States must 
be under the command of a U.S. citizen.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
149, Jan. 4, 1989]



Sec. 15.810  Mates.

    (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) 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.
    (e) 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.

[CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
149, Jan. 4, 1989; CGD 81-059a, 55 FR 14805, Apr. 18, 1990]



Sec. 15.812  Pilots

    (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.

[[Page 219]]

    (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 
Sec. 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 
Sec. 10.713 of this chapter;
    (iii) Has a current physical examination in accordance with the 
provisions of Sec. 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 
Sec. 10.713 of this chapter; and
    (3) Has a current physical examination in accordance with the 
provisions of Sec. 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.

     Table 15.812(e)(1).--Quick Reference Table for Federal Pilotage    
 Requirements for U.S. Inspected Self-Propelled Vessels, Not Sailing on 
                                Register                                
------------------------------------------------------------------------
                                                         Nondesignated  
                                   Designated areas    areas of pilotage
                                  of pilotage waters    waters (between 
                                   (routes for which    the three mile  
                                      First Class     line and the start
                                   Pilot's licenses     of traditional  
                                      are issued)      pilotage routes) 
------------------------------------------------------------------------
Inspected self-propelled vessels  First Class Pilot.  Master or Mate may
 greater than 1,600 GT,                                serve as pilot if
 authorized by their Certificate                       the individual:  
 of Inspection (COI) to proceed                       1. Is at least 21 
 beyond the Boundary Line, or                          years old.       
 operating on the Great Lakes.                        2. Has an annual  
                                                       physical exam.   
                                                      3. Maintains      
                                                       current knowledge
                                                       of the waters to 
                                                       be navigated.\1\ 

[[Page 220]]

                                                                        
Inspected self-propelled vessels  First Class Pilot,  Master or Mate may
 not more than 1,600 GT,           or Master or Mate   serve as pilot if
 authorized by their Certificate   may serve as        the individual:  
 of Inspection to proceed beyond   pilot if the       1. Is at least 21 
 the Boundary Line, or operating   individual:         years old.       
 on the Great Lakes.              1. Is at least 21   2. Maintains      
                                   years old..         current knowledge
                                  2. Maintains         of the waters to 
                                   current knowledge   be navigated.\1\ 
                                   of the waters to                     
                                   be navigated.\1\                     
                                  3. Has 4 round                        
                                   trips over the                       
                                   route.\2\                            
Inspected self-propelled vessels  First Class Pilot.  Master or Mate may
 greater than 1,600 GT, not                            serve as pilot if
 authorized by their COI to                            the individual:  
 proceed beyond the Boundary                          1. Is at least 21 
 Line (Inland route vessels);                          years old.       
 other than vessels operating on                      2. Has an annual  
 the Great Lakes.                                      physical exam.   
                                                      3. Maintains      
                                                       current knowledge
                                                       of the waters to 
                                                       be navigated.\1\ 
Inspected self-propelled vessels  No pilotage         No pilotage       
 not more than 1,600 GT, not       requirement.        requirement.     
 authorized by their COI to                                             
 proceed beyond the Boundary                                            
 Line (Inland route vessels);                                           
 other than vessels operating on                                        
 the Great Lakes.                                                       
------------------------------------------------------------------------
\1\ One round trip within the past 60 months.                           
\2\ If the route is to be traversed during darkness, 1 of the 4 round   
  trips must be made during darkness.                                   

    (2) Table 15.812(e)(2) provides a guide to the pilotage requirements 
for tank barges.

     Table 15.812(e)(2).--Quick Reference Table for Federal Pilotage    
  Requirements for U.S. Inspected Tank Barges, not Sailing on Register  
------------------------------------------------------------------------
                                                         Nondesignated  
                                   Designated areas    areas of pilotage
                                  of pilotage waters    waters (between 
                                   (routes for which    the three mile  
                                      First Class     line and the start
                                   Pilot's licenses     of traditional  
                                      are issued)      pilotage routes) 
------------------------------------------------------------------------
Tank Barges greater than 10,000   First Class Pilot.  Master, Mate, or  
 GT, authorized by their                               Operator may     
 Certificate of Inspection to                          serve as pilot if
 proceed beyond the Boundary                           the individual:  
 Line, or operating on the Great                      1. Is at least 21 
 Lakes.                                                years old.       
                                                      2. Has an annual  
                                                       physical exam.\1\
                                                      3. Maintains      
                                                       current knowledge
                                                       of the waters to 
                                                       be navigated.\2\ 
                                                      4. Has at least 6 
                                                       months' service  
                                                       in the deck      
                                                       department on    
                                                       towing vessels   
                                                       engaged in       
                                                       towing.          
Tank Barges 10,000 GT or less,    First Class Pilot,  Master, Mate, or  
 authorized by their Certificate   or Master, Mate,    Operator may     
 of Inspection to proceed beyond   or Operator may     serve as pilot if
 the Boundary Line, or operating   serve as pilot if   the individual:  
 on the Great Lakes.               the individual:    1. Is at least 21 
                                  1. Is at least 21    years old.       
                                   years old.         2. Has an annual  
                                  2. Has an annual     physical exam.\1\
                                   physical exam.\1\  3. Maintains      
                                  3. Maintains         current knowledge
                                   current knowledge   of the waters to 
                                   of the waters to    be navigated.\2\ 
                                   be navigated.\2\   4. Has at least 6 
                                  4. Has at least 6    months' service  
                                   months' service     in the deck      
                                   in the deck         department on    
                                   department on       towing vessels   
                                   towing vessels      engaged in towing
                                   engaged in towing   operations.      
                                   operations.                          
                                  5. Has 12 round                       
                                   trips over the                       
                                   route.\3\                            
Tank Barges authorized by their   No pilotage         No pilotage       
 Certificate of Inspection for     requirement.        requirement.     
 Inland routes only (Lakes,                                             
 Bays, and Sounds/Rivers); other                                        
 than vessels operating on the                                          
 Great Lakes.                                                           
------------------------------------------------------------------------
\1\ Annual physical exam does not apply to an individual who will serve 
  as a pilot of a Tank Barge of less than 1,600 gross tons.             
\2\ One round trip within the past 60 months.                           
\3\ If the route is to be traversed during darkness, 3 of the 12 round  
  trips must be made during darkness.                                   

    (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:

[[Page 221]]

    (1) When operating from 60 deg.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 deg.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 deg.00' West longitude;
    (iii) On the North by 60 deg.49' North latitude; and
    (iv) On the South by that area of Hinchinbrook Entrance within the 
territorial sea bounded by 60 deg. 07' North latitude and 146 deg.31.5' 
West longitude.

[CGD 84-060, 59 FR 4842, Feb. 2, 1994, as amended by CGD 84-060, 60 FR 
20652, 20653, Apr. 27, 1995]



Sec. 15.815  Radar observers.

    (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) On or after June 1, 1995, 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.

[CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended by CGD 94-041, 60 FR 
8309, Feb. 14, 1995]



Sec. 15.820  Chief engineer.

    (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.



Sec. 15.825   Engineers.

    (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 Sec. 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.



Sec. 15.830  Radio officers.

    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.



Sec. 15.835   Staff officers.

    Staff officers, when carried, must be registered as specified in 
part 10 of this chapter.

[[Page 222]]



Sec. 15.840  Able seamen.

    (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.



Sec. 15.845  Lifeboatmen.

    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.



Sec. 15.850  Lookouts.

    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.



Sec. 15.855  Cabin watchmen and fire patrolmen.

    (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.



Sec. 15.860  Tankerman.

    (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 Sec. 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.

[[Page 223]]

    (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.

               Table 15.860(a)(1).--Minimal Requirements for Tankermen Aboard Manned Tank Vessels               
----------------------------------------------------------------------------------------------------------------
                                                                                                      Tankerman 
                                                               Tankerman    Tankerman    Tankerman      PIC or  
                        Tank vessels                              PIC       assistant     engineer    tankerman 
                                                                                                     PIC (barge)
----------------------------------------------------------------------------------------------------------------
Tankship Certified for Voyages Beyond Boundary Line:                                                            
    Over 5000 GT............................................            2            3            2  ...........
    5000 GT or less.........................................            2  ...........           *2  ...........
Tankship Not Certified for Voyages Beyond Boundary Line.....          **2  ...........  ...........  ...........
Tank Barge Certified for Voyages Beyond Boundary Line.......  ...........  ...........  ...........         ***2
----------------------------------------------------------------------------------------------------------------
* If only one engineer is required, then only one Tankerman Engineer is required.                               
** If the total crew complement is one or two persons, then only one Tankerman PIC is required.                 
*** If the total crew complement is one or two persons, then only one Tankerman PIC or Tankerman PIC (Barge) is 
  required.                                                                                                     


               Table 15.860(a)(2).--Tankermen Endorsements Required for Personnel Aboard Tankships              
                [Endorsement for the Classification of the Bulk Liquid Cargo or Residues Carried]               
----------------------------------------------------------------------------------------------------------------
                                                                  Tankerman             Tankerman     Tankerman 
      Tankship certified for voyages beyond boundary line            PIC                engineer      assistant 
----------------------------------------------------------------------------------------------------------------
Master........................................................                                           
Chief Mate....................................................                                           
Chief Engineer................................................            or                      
First Assistant Engineer......................................            or                      
Cargo Engineer................................................            or                      
Licensed Person Acting as PIC of Transfer of Liquid Cargo in                                                    
 Bulk.........................................................                                           
Licensed or Unlicensed Person Not Directly Supervised by PIC..  ............  ......  ............       
----------------------------------------------------------------------------------------------------------------


[CGD 79-116, 60 FR 17154, Apr. 4, 1995]



                         Subpart H--Equivalents



Sec. 15.901  Inspected vessels of less than 100 gross tons.

    (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.

[[Page 224]]

    (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.

[CGD 81-059, 54 FR 150, Jan. 4, 1989]



Sec. 15.905  Uninspected passenger vessels.

    (a) An individual holding a license as master or pilot of inspected, 
self-propelled vessels is authorized to serve as operator of uninspected 
passenger vessels within any restrictions, other than gross tonnage 
limitations, on the individual's license.
    (b) 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, within any restrictions, other than gross 
tonnage limitations, on the individual's license.

[CGD 81-059, 54 FR 150, Jan. 4, 1989]



Sec. 15.910  Uninspected towing vessels.

    (a) An individual of 21 years or more of age holding a license as 
master of inspected, self-propelled vessels, or a license as mate or 
pilot of inspected, self-propelled vessels of more than 200 gross tons, 
is authorized to serve as operator of uninspected towing vessels within 
any restrictions on the indivdual's license. A licensed mate or pilot 
authorized by this section to serve as operator of uninspected towing 
vessels may only be in command of the vessel on domestic routes.
    (b) Whenever an uninspected towing vessel is under the direction and 
control of a person holding a license for service only as second-class 
operator of uninspected towing vessels, a person holding a license 
authorizing service as operator of uninspected towing vessels must be on 
board as a member of the crew.
    (c) An individual of 19 years or more of age holding a license which 
authorizes service as mate of vessels of not more than 200 gross tons 
authorizes the holder to serve as second-class operator of uninspected 
towing vessels within any restrictions on the individual's license.

[CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
150, Jan. 4, 1989]



Sec. 15.915  Engineer licenses.

    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.

[CGD 81-059, 54 FR 150, Jan. 4, 1989]



                   Subpart I--Vessels in Foreign Trade

    Source: CGD 92-061, 60 FR 24796, May 10, 1995, unless otherwise 
noted.



Sec. 15.1001  General.

    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.

[[Page 225]]





Sec. 15.1010  California.
    The following offshore marine oil terminals located within U.S. 
navigable waters of the State of California:
    (a) Carlsbad, CA. The waters including the San Diego Gas and 
Electric, Encina Power Plant, lying within an area bounded by a line 
beginning at latitude 33 deg.10'06''N, longitude 117 deg.21'42''W, 
thence southwesterly to latitude 33 deg.08'54''N, longitude 
117 deg.24'36''W, thence southwesterly to latitude 33 deg.04'30''N, 
longitude 117 deg.21'42''W, thence northeasterly to latitude 
33 deg.05'36''N, longitude 117 deg.18'54''W, thence northwesterly along 
the shoreline to latitude 33 deg.10'06''N, longitude 117 deg.21'42''W.
    (b) Huntington Beach, CA. The waters including the Golden West 
Refining Company, Huntington Beach Marine Terminal, lying within an area 
bounded by a line beginning at latitude 33 deg.39'06''N, longitude 
118 deg.00'0''W, thence westerly to latitude 33 deg.39'18''N, longitude 
118 deg.05'12''W, thence southeasterly along a line drawn three nautical 
miles from the baseline to latitude 33 deg.35'30''N, longitude 
118 deg.00'00''W, thence easterly to latitude 33 deg.35'30''N, longitude 
117 deg.52'30''W, thence northwesterly along the shoreline to latitude 
33 deg.39'06''N, longitude 118 deg.00'00''W.
    (c) El Segundo, CA. The waters including the Chevron USA, El Segundo 
Marine Terminal, lying within an area bounded by a line beginning at 
latitude 33 deg.56'18''N, longitude 118 deg.26'18''W, thence westerly to 
latitude 33 deg.56'18''N, longitude 118 deg.30'48W, thence 
southeasterly along a line drawn three nautical miles from the baseline 
to latitude 33 deg.51'48''N, longitude 118 deg.27'54''W, thence easterly 
to latitude 33 deg.51'48''N, longitude 118 deg.24'00''W, thence 
northwesterly along the shoreline to latitude 33 deg.56'18''N, longitude 
118 deg.26'18''W.
    (d) Oxnard, CA. The waters including the Southern California Edison 
Company, Mandalay Generating Station, lying within an area bounded by a 
line beginning at latitude 34 deg.14'12''N, longitude 119 deg.16'00''W, 
thence westerly to latitude 34 deg.14'12''N, longitude 119 deg.19'36''W, 
thence southeasterly along a line drawn three nautical miles from the 
baseline to latitude 34 deg.09'24''N, longitude 119 deg.17'20''W, thence 
easterly to latitude 34 deg.09'24''N, longitude 119 deg.13'24''W, thence 
northwesterly along the shoreline to latitude 34 deg.14'24''N, longitude 
119 deg.16'00''W.
    (e) Goleta, CA. The waters including the ARCO, Ellwood Marine 
Terminal, lying within an area bounded by a line beginning at latitude 
34 deg.26'12''N, longitude 119 deg.57'00''W, thence southerly to 
latitude 34 deg.22'48''N, longitude 119 deg.57'00''W, thence 
southeasterly along a line drawn three nautical miles from the baseline 
to latitude 34 deg.21'06''N, longitude 119 deg.50'30.5''W, thence 
northerly to latitude 34 deg.24'18''N, longitude 119 deg.50'30''W, 
thence northwesterly along the shoreline to latitude 34 deg.26'12''N, 
longitude 119 deg.57'00''W.
     (f) Gaviota, CA. The waters including the Texaco Trading and 
Transportation, Gaviota Marine Terminal, lying within an area bounded by 
a line beginning at latitude 34 deg.28'06''N, longitude 
120 deg.16'00''W, thence southerly to latitude 34 deg.25'06''N, 
longitude 120 deg.16'00''W, thence easterly along a line drawn three 
nautical miles from the baseline to latitude 34 deg.25'24''N, longitude 
120 deg.08'30''W, thence northerly to latitude 34 deg.28'24''N, 
longitude 120 deg.08'30''W, thence westerly along the shoreline to 
latitude 34 deg.28'06''N, longitude 120 deg.16'00''W.
    (g) Moss Landing, CA. The waters including the Pacific Gas and 
Electric Company Power Plant, lying within an area bounded by a line 
beginning at latitude 36 deg.49'00''N, longitude 121 deg.47'42''W, 
thence westerly to latitude 36 deg.49'00''N, longitude 121 deg.51'00''W, 
thence southerly to latitude 36 deg.47'00''N, longitude 121 deg.51'00''W 
thence easterly to latitude 36 deg.47'00''N, longitude 121 deg.47'54''W, 
thence northerly along the shoreline to latitude 36 deg.49'00''N, 
longitude 121 deg.47'42''W.
    (h) Estero Bay, CA. The waters including various moorings, including 
the Pacific Gas and Electric Company mooring and the two Chevron Oil 
Company Terminals lying within an area bounded by a line beginning at 
latitude 36 deg.25'00''N, longitude 120 deg.52'30''W, thence westerly to 
latitude 36 deg.25'00''N, longitude 120 deg.56'00''W, thence southerly 
to latitude 36 deg.22'00''N, longitude 120 deg.56'00''W, thence easterly 
to latitude 36 deg.22'00''N, longitude 120 deg.52'12''W, thence 
northerly along the shoreline to latitude 36 deg.25'00''N, longitude 
120 deg.52'30''W.

[[Page 226]]

    (i) San Luis Obispo Bay, CA. The waters including the Unocal 
Corporation Avila Terminal and the approaches thereto, lying in an area 
bounded by a line beginning at latitude 35 deg.09'42''N, longitude 
120 deg.46'00''W, thence southerly to latitude 35 deg.07'00''N, 
longitude 120 deg.46'00''W, thence easterly to latitude 35 deg.07'00''N, 
longitude 120 deg.43'00''W, thence northerly to latitude 
35 deg.10'24''N, longitude 120 deg.43'00''W, thence westerly along the 
shoreline to latitude 35 deg.09'42''N, longitude 120 deg.46'00''W.



Sec. 15.1020  Hawaii.

    The following offshore marine oil terminals located within U.S. 
navigable waters of the State of Hawaii: Barbers Point, Island of Oahu. 
The waters including the Hawaiian Independent Refinery, Inc. and the 
Chevron moorings lying within an area bounded by a line bearing 180 
degrees true from Barbers Point Light to latitude 21 deg.14.8'N, 
longitude 158 deg.06.4'W, thence easterly to latitude 21 deg.14.8'N, 
longitude 158 deg.03.3'W, thence northeasterly to latitude 
21 deg.15.6'N, longitude 158 deg.01.1'W, thence northwesterly to 
latitude 21 deg.18.5'N, longitude 158 deg.02.0'W, thence westerly along 
the shoreline to latitude 21 deg.17.8'N, longitude 158 deg.06.4'W.



Sec. 15.1030  New York and New Jersey.

    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.



Sec. 15.1040  Massachusetts.

    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 deg.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 deg.34'55''N longitude 
70 deg.51'15W) to the easternmost point of Pasque Island (latitude 
41 deg.26'55''N longitude 70 deg.50'30''W).



PART 16--CHEMICAL TESTING--Table of Contents




                           Subpart A--General

Sec.
16.101  Purpose of regulations.
16.105  Definitions of terms used in this part.

                  Subpart B--Required Chemical Testing

16.201  Application.
16.205  Implementation of chemical testing programs.
16.207  Conflict with foreign laws.
16.210  Pre-employment testing requirements.
16.220  Periodic testing requirements.
16.230  Random testing requirements.
16.240  Serious marine incident testing requirements.
16.250  Reasonable cause testing requirements.
16.260  Records.

      Subpart C--Standards for Chemical Testing for Dangerous Drugs

16.301  Procedures for Transportation Workplace Drug Testing Programs.
16.310  General.
16.320  Chain of custody.
16.330  Specimen handling and shipping.
16.340  Test laboratory requirements.
16.350  Specimen analyses.
16.360  Specimen analysis reports.
16.370  Medical Review Officer.
16.380  Release of information.

                 Subpart D--Employee Assistance Programs

16.401  Employee Assistance Program (EAP).

[[Page 227]]

                Subpart E--Management Information System

16.500  Management Information System requirements.

Appendix A  [Reserved]
Appendix B  Drug and Alcohol Testing Management Information System (MIS) 
          Data Collection Form

    Authority: 46 U.S.C. 2103, 3306, 7101, 7301, and 7701; 49 CFR 1.46.

    Source: CGD 86-067, 53 FR 47079, Nov. 21, 1988, unless otherwise 
noted.



                           Subpart A--General



Sec. 16.101  Purpose of regulations.

    (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.



Sec. 16.105  Definitions of terms used in this part.

    Chemical test means a scientifically recognized test which analyzes 
an individual's breath, blood, urine, saliva, bodily fluids, or tissues 
for evidence of dangerous drug or alcohol use.
    Crewmember means an individual who is:
    (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.
    Dangerous drug means a narcotic drug, a controlled substance, or a 
controlled-substance analog (as defined in section 102 of the 
Comprehensive Drug Abuse and Control Act of 1970 (21 U.S.C. 802)).
    Dangerous drug level means the amount of traces of dangerous drugs 
or drug metabolites in an individual's breath, blood, urine, saliva, or 
body fluids or tissues.
    Drug test means a chemical test of an individual's urine for 
evidence of dangerous drug use.
    Employer means a marine employer or sponsoring organization.
    Fails a chemical test for dangerous drugs means that the result of a 
chemical test conducted in accordance with 49 CFR part 40 is reported as 
``positive'' for the presence of dangerous drugs or drug metabolites in 
an individual's system by a Medical Review Officer in accordance with 
that part.
    Intoxicant means any form of alcohol, dangerous drug, or combination 
thereof.
    Marine employer means the owner, managing operator, charterer, 
agent, master, or person in charge of a vessel, other than a 
recreational vessel.
    Medical Review Officer means an individual designated by the 
employer to carry out the duties specified in Sec. 16.370 of this part.
    Operation means to navigate, steer, direct, manage, or sail a 
vessel, or to control, monitor, or maintain the vessel's main or 
auxiliary equipment or systems. Operation includes:
    (a) Determining the vessel's position, piloting, directing the 
vessel along a

[[Page 228]]

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.
    Passes a chemical test for dangerous drugs means the result of a 
chemical test conducted in accordance with 49 CFR part 40 is reported as 
``negative'' by a Medical Review Officer in accordance with that part.
    Positive rate means the number of positive results for random drug 
tests conducted under this part plus the number of refusals to take 
random tests required by this part, divided by the total number of 
random drug tests conducted under this part plus the number of refusals 
to take random tests required by this part.
    Refuse to submit means that a crewmember fails to provide a urine 
sample as required by 49 CFR part 40, without a genuine inability to 
provide a specimen (as determined by a medical evaluation), after he or 
she has received notice of the requirement to be tested in accordance 
with the provisions of this part, or engages in conduct that clearly 
obstructs the testing process.
    Serious marine incident means an event defined in 46 CFR 4.03-2.
    Sponsoring organization is any company, consortium, corporation, 
association, union, or other organization with which individuals serving 
in the marine industry, or their employers, are associated.
    Vessel owned in the United States means any vessel documented or 
numbered under the laws of the United States; and any vessel owned by a 
citizen of the United States that is not documented or numbered by any 
nation.

[CGD 86-067, 53 FR 47079, Nov. 21, 1988; 53 FR 48367, Nov. 30, 1988, as 
amended by CGD 90-014, 56 FR 31033, July 8, 1991; CGD 90-053, 58 FR 
31107, May 28, 1993; CGD 93-051, 59 FR 28792, June 3, 1994; 59 FR 62226, 
Dec. 2, 1994; CGD 91-223, 60 FR 4525, Jan. 23, 1995]



                  Subpart B--Required Chemical Testing



Sec. 16.201  Application.

    (a) Chemical testing of personnel must be conducted as required by 
this subpart.
    (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 or prospective employer shall report the test 
results in writing to the nearest Coast Guard Officer in Charge, Marine 
Inspection (OCMI). 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 practicable and shall be 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 reemployed aboard a vessel until the 
requirements of Sec. 16.370(d) of this part and 46 CFR part 5, if 
applicable, have been satisfied.

[CGD 86-607, 53 FR 47049, November 11, 1988, as amended by CGD 90-014, 
56 FR 31034, July 8, 1991]



Sec. 16.205  Implementation of chemical testing programs.

    (a) Each employer who employs more than 50 employees required to be 
tested

[[Page 229]]

under this part was required to implement the pre-employment testing 
program required by this part not later than July 21, 1989, and the 
serious marine incident and reasonable cause testing programs required 
by this part not later than December 21, 1989. The random testing 
program required by this part shall be implemented not later than 
October 1, 1991.
    (b) Each employer who employs from 11 to 50 employees required to be 
tested under this part was required to implement the pre-employment, 
serious marine incident and reasonable cause testing programs required 
by this part not later than December 21, 1989. The random testing 
program required by this part shall be implemented not later than 
October 1, 1991.
    (c) Each employer who employs 10 or fewer employees required to be 
tested under this part was required to implement the pre-employment, 
serious marine incident and reasonable cause testing programs required 
by this part not later than December 21, 1990. The random testing 
program required by this part shall be implemented not later than 
October 1, 1991.
    (d) [Reserved]
    (e) The periodic testing requirements of Sec. 16.220 apply to 
physical examinations performed after December 21, 1990.
    (f) 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 Secs. 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.
    (g) 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.

[CGD 90-014, 56 FR 60930, Nov. 30, 1991, as amended by 59 FR 62226, Dec. 
2, 1994; CGD 95-072, 60 FR 50461, Sept. 29, 1995; CGD 96-041, 61 FR 
50726, Sept. 27, 1996]



Sec. 16.207  Conflict with foreign laws.

    (a) This part shall not apply to any person for whom compliance with 
this part would violate the domestic laws or policies of another 
country.
    (b) This part is not effective until January 2, 1997, with respect 
to any person onboard U.S. vessels in waters that are subject to the 
jurisdiction of a foreign government. On or before December 1, 1996, the 
Commandant shall issue any necessary amendment resolving the 
applicability of this part to such person on and after January 2, 1997.

[CGD 86-067, 53 FR 47079, Nov. 21, 1988, as amended by CGD 86-067e, 56 
FR 18983, Apr. 24, 1991; CGD 86-067f, 57 FR 31275, July 14, 1992; CGD 
94-106, 59 FR 65501, Dec. 20, 1994; CGD 95-090, 60 FR 67063, Dec. 28, 
1995]



Sec. 16.210  Pre-employment testing requirements.

    (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 Sec. 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.

[CGD 90-053, 58 FR 31107, May 28, 1993, as amended by CGD 93-051, 59 FR 
28792, June 3, 1994]



Sec. 16.220  Periodic testing requirements.

    (a) Except as provided by paragraph (c) of this section, and 
Secs. 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

[[Page 230]]

test for dangerous drugs. The applicant shall provide the results of the 
test to the Coast Guard Regional Examination Center (REC) at the time of 
submitting an application. The test results must be completed and dated 
not more than 185 days prior to submission of the application.
    (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 Sec. 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.

[CGD 91-223, 60 FR 4525, Jan. 23, 1995]



Sec. 16.230  Random testing requirements.

    (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.

[[Page 231]]

    (1) The Commandant's decision to increase or decrease the minimum 
annual percentage rate for random drug testing is based on the reported 
random positive rate for the entire industry. All information used for 
this determination is drawn from the drug MIS reports required by this 
part. In order to ensure reliability of the data, the Commandant 
considers the quality and completeness of the reported data, may obtain 
additional information or reports from marine employers, and may make 
appropriate modifications in calculating the industry random positive 
rate. Each year, the Commandant will publish in the Federal Register the 
minimum annual percentage rate for random drug testing of covered 
crewmembers. The new minimum annual percentage rate for random drug 
testing will be applicable starting January 1 of the calendar year 
following publication.
    (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.

[CGD 90-014, 56 FR 31034, July 8, 1991, as amended by 59 FR 62227, Dec. 
2, 1994]



Sec. 16.240  Serious marine incident testing requirements.

    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.

[[Page 232]]



Sec. 16.250  Reasonable cause testing requirements.

    (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.



Sec. 16.260  Records.

    (a) Employers shall maintain records of chemical tests which the 
Medical Review Officer reports as positive for a period of at least 5 
years and shall make these records available to Coast Guard officials 
upon request. Records of tests reported as negative shall be retained 
for one year.
    (b) The records shall be sufficient to:
    (1) Satisfy the requirements of Secs. 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.

[CGD 86-067, 53 FR 47079, Nov. 21, 1988, as amended by CGD 91-223, 60 FR 
4526, Jan. 23, 1995]



      Subpart C--Standards for Chemical Testing for Dangerous Drugs



Sec. 16.301  Procedures for Transportation Workplace Drug Testing Programs.

    Drug testing programs subject to this part shall be conducted in 
accordance with 49 CFR part 40, Procedures for Transportation Workplace 
Drug Testing Programs. This subpart summarizes requirements for drug 
testing programs contained in those regulations. Those regulations 
should be consulted to determine the specific procedures which must be 
established and utilized. Drug testing programs required by this part 
shall use only drug testing laboratories certified by the Department of 
Health and Human Services (DHHS).



Sec. 16.310  General.

    (a) Collection site. The employer shall ensure that the collection 
site is adequate to provide for the collection, security, temporary 
storage, and shipping of specimens to a certified drug testing 
laboratory.
    (b) Security. Procedures shall provide for the collection site to be 
secure. Collection sites dedicated solely for specimen collection must 
be secure at all times. Collection sites which are not dedicated solely 
for specimen collection must be secured during specimen collection.
    (c) Access to authorized personnel only. No unauthorized personnel 
shall be permitted in any part of a collection site when specimens are 
collected nor shall unauthorized personnel be allowed access to stored 
specimens.
    (d) Privacy. Procedures for collecting urine specimens shall allow 
for individual privacy unless there is reason to believe that a 
particular individual may alter or substitute the specimen to be 
provided.
    (e) Integrity of specimens. Collection site personnel shall take 
precautions to

[[Page 233]]

ensure that each specimen is not adulterated or diluted during the 
collection process.



Sec. 16.320  Chain of custody.

    (a) A chain of custody for each specimen to be chemically tested 
shall be established and maintained from the time of specimen collection 
through the testing of the specimen.
    (b) If a specimen is not immediately prepared for shipment, it shall 
be safeguarded during temporary storage.
    (c) Every effort shall be made to minimize the number of persons 
handling specimens.



Sec. 16.330  Specimen handling and shipping.

    (a) The employer shall obtain a specimen collection and shipping kit 
to be used to collect specimens and ship them to the certified drug 
testing laboratory.
    (b) The specimen collection and shipping kit, as required by 49 CFR 
part 40, shall contain:
    (1) Plastic urine specimen bottles in a sufficient quantity to 
accommodate the people to be tested;
    (2) Means for sealing and identifying specimen bottles;
    (3) Chain of custody forms;
    (4) A set of step-by-step instructions which describe the proper 
procedures to be followed during specimen collection, handling, and 
shipping; and
    (5) Shipping materials.
    (c) The marine employer shall ensure that specimens are promptly 
shipped to a certified testing laboratory meeting the requirements of 
Sec. 16.340. Chain of custody documents must accompany each specimen 
from the time of specimen collection through shipment to and testing by 
the laboratory.
    (d) Specimens shall be shipped by an expeditious means.



Sec. 16.340  Test laboratory requirements.

    (a) The employer shall ensure that all chemical testing for 
dangerous drugs required by this part is conducted by a DHHS certified 
laboratory.
    (b) The laboratory shall meet the requirements of 49 CFR part 40.



Sec. 16.350  Specimen analysis.

    (a) Each specimen shall be analyzed in accordance with 49 CFR 40.29, 
which requires testing for--
    (1) Marijuana;
    (2) Cocaine;
    (3) Opiates;
    (4) Phencyclidine (PCP); and
    (5) Amphetamines.
    (b) A specimen which indicates the presence of a dangerous drug at a 
level equal to or exceeding the levels established in 49 CFR 40.29 is 
reported to the Medical Review Officer as positive.

[CGD 90-053, 58 FR 31107, May 28, 1993]



Sec. 16.360  Specimen analysis reports.

    (a) The laboratory shall report all test results as required by 49 
CFR 40.29(g). Reports are made within an average of five days after 
receipt of a specimen by the laboratory.
    (b) The laboratory reports as negative all specimens which are 
negative on the initial test or negative on the confirmatory test. Only 
specimens confirmed positive are reported positive to the Medical Review 
Officer for a specific drug or drug metabolite.

[CGD 86-067, 53 FR 47079, Nov. 21, 1988, as amended by CGD 90-053, 58 FR 
31107, May 28, 1993]



Sec. 16.370  Medical Review Officer.

    (a) The employer shall designate or appoint a Medical Review Officer 
(MRO) meeting the qualifications of 49 CFR 40.33. If the employer does 
not have a qualified individual on staff to serve as MRO, the employer 
may contract for the provision of MRO services as part of its drug 
testing program.
    (b) The MRO shall review and interpret each confirmed positive test 
result in accordance with 49 CFR 40.33.
    (c) If the MRO verifies a laboratory confirmed positive report, the 
MRO shall report the positive test result to the employer or the 
employer's designated agent.
    (d) Before an individual who has failed a required chemical test for 
dangerous drugs may return to work aboard a vessel, the MRO shall 
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

[[Page 234]]

to work. In addition, the individual shall agree to be subject to 
increased, unannounced testing for a period as determined by the MRO of 
up to 60 months.

[CGD 86-067, 53 FR 47079, Nov. 21, 1988; 53 FR 48367, Nov. 30, 1988, as 
amended by CGD 90-053, 58 FR 31107, May 28, 1993]



Sec. 16.380  Release of information.

    (a) Except as provided for in this part and in Sec. 4.06-60 of this 
chapter, an employer shall not release individual test results or other 
personal information for anti-drug program records.
    (b) Individual results from drug tests required by this part may be 
released if the individual tested signs a specific authorization for the 
release of the results to an identified person.
    (c) Nothing in this section shall prevent an individual tested under 
this part from obtaining the results of that test.



                 Subpart D--Employee Assistance Programs



Sec. 16.401  Employee Assistance Program (EAP).

    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) EAP education program: Each EAP education program must include 
at least the following elements: display and distribution of 
informational material; display and distribution of a community service 
hot-line telephone number for crewmember assistance, and display and 
distribution of the employer's policy regarding drug and alcohol use in 
the workplace.
    (b) EAP training program: An EAP training program must be conducted 
for the employer's crewmembers and supervisory personnel. The training 
program must include at least the following elements: the effects and 
consequences of drug and alcohol use on personal health, safety, and 
work environment; the manifestations and behavioral cues that may 
indicate drug and alcohol use and abuse; and documentation of training 
given to crewmembers and the employer's supervisory personnel. 
Supervisory personnel must receive at least 60 minutes of training.



                Subpart E--Management Information System



Sec. 16.500  Management Information System requirements.

    (a) All marine employers shall collect the drug and alcohol testing 
program data identified in this section for each calendar year, January 
1 to December 31. Marine employers shall submit this data to the Coast 
Guard by March 15 of the following year. The data shall be submitted to 
Commandant (G-MOA), 2100 Second Street, SW, Washington, DC, 20593-0001.
    (b) All marine employers shall collect the following drug and 
alcohol testing program data:
    (1) Number of covered employees.
    (2) Number of covered employees subject to testing under the anti-
drug rules of more than one DOT agency because of the nature of their 
assigned duties, identified by each agency.
    (3) Number of drug and alcohol tests by test type. The drug test 
types are pre-employment, random, post-accident and reasonable cause. 
The 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 type of drug(s). Number of alcohol 
tests resulting in a blood alcohol concentration of .04 percent by 
weight or more by test type.
    (5) Number of negatives reported by a MRO by type of test.
    (6) Number of applicants denied employment based on a positive drug 
test result verified by an MRO.
    (7) Number of marine employees with a positive drug test result 
verified by an MRO, who were returned to duty in a covered position, 
having met the requirements of Sec. 16.370(d) and part 5 of this 
chapter.
    (8) Number of marine employee drug test results that MROs verify 
positive

[[Page 235]]

for more than one drug or combination of drugs.
    (9) Number of covered employees who refused to submit to a drug test 
required under this part.
    (10) Marine employee training and education information.
    (c) The data listed in paragraph (b) of this section must be 
submitted on Form CG-5573, which is reproduced in appendix B to this 
part and may be obtained at any Officer in Charge, Marine Inspection. 
All items on the form must be completed. Data may be submitted by 
consortia or other employer representatives on behalf of a marine 
employer. Reports submitted in this manner may be on one form, but must 
also be accompanied by a list of marine employers for whom the report is 
submitted. Unless submitting the report on their own behalf, each marine 
employer must notify the Coast Guard (Commandant (G-MOA)) in writing of 
the consortium or representative that will submit the employer's data, 
and remains responsible for ensuring that the data is submitted and is 
accurate.
    (d) Marine employers that conduct operations regulated by another 
Department of Transportation Operating Administration must submit 
appropriate data to that Operating Administration for those employees 
covered by that Operating Administration's regulations.

[CGD 91-019, 58 FR 68277, Dec. 23, 1993, as amended by CGD 95-072, 60 FR 
50461, Sept. 29, 1995; CGD 96-041, 61 FR 50726, Sept. 27, 1996]



Appendix A--[Reserved]




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[GRAPHIC] [TIFF OMITTED] TC01FE91.060



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[[Page 239]]

[GRAPHIC] [TIFF OMITTED] TC01FE91.062



[[Page 240]]

[GRAPHIC] [TIFF OMITTED] TC01FE91.063



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[GRAPHIC] [TIFF OMITTED] TC01FE91.064



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[GRAPHIC] [TIFF OMITTED] TC01FE91.065


[CGD 91-019, 58 FR 68279, Dec. 23, 1993]

[[Page 243]]

                                  INDEX

              SUBCHAPTER B--MERCHANT MARINE OFFICERS AND SEAMEN

  Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept current by the Coast Guard, Department of 
Transportation.
                                                      Section or Subpart

                                 A

Able seaman:
Age requirement..................................................12.05-3
Certification required...........................................12.05-1
Color sense test..............................................12.05-5(a)
Demonstration of ability.........................................12.05-9
Discharge of.......................................................14.10
Examination......................................................12.05-9
Eye test.........................................................12.05-5
General requirements for.........................................12.05-3
Hearing test.....................................................12.05-5
Medical examination..............................................12.05-5
Number required...................................................15.840
Physical requirements............................................12.05-5
Presentation of certificate......................................12.05-1
Ratings for which qualified.....................................12.05-11
Service in other ratings........................................12.05-11
Service or training requirements.................................12.05-7
Shipment of......................................................Part 14
Training requirements............................................12.05-7
Tugs and towboats.............................................12.05-7(d)
Vision test......................................................12.05-5
Acknowledgment of service for MODU
                                                                  10.476
Affidavits, loss of seaman's documents
                                                             12.02-23(e)
Age requirements for:
Certification as able seaman.....................................12.05-3
Licenses.......................................................10.201(f)
Aliens, proving nationality
                                                                12.02-14
Appeal:
License denial....................................................10.204
Manning...........................................................15.510
Seaman's certificate............................................12.02-25
Applications:
Aliens..........................................................12.02-10
Duplicate seamen's documents....................................12.02-23
False or incomplete information.............................10.205(f)(4)
Original license...............................................10.202(a)
Raise of grade of license......................................10.207(a)
Renewal of license.............................................10.209(a)
Seamen's documents...............................................12.02-9
Apprentice engineers
                                                                12.25-35
Apprentice mate
                                                                12.25-40
Approved courses
                                                                  10.302
Assistance towing:
Definition................................................10.103, 15.301
License endorsement authorizing...................................10.482

[[Page 244]]

Vessel manning requirement........................................15.410
Assistant electrician, ranking rating defined
                                                              12.15-3(b)
Assistant engineer (See also subpart B--General Requirements):
Definition........................................................10.103
Limited-oceans, service requirements..............................10.522
Uninspected fishing industry vessel...............................10.530
Automated vessels
                                                                  15.715
Auxiliary-sail vessels over 200 tons, service required for license 
endorsement
                                                               10.401(f)

                                 B

Ballast Control Operator:
Definition........................................................10.103
License requirements..............................................10.474
Barge supervisor:
Definition........................................................10.103
License requirements..............................................10.472
Basis and purpose of regulations
                                10.101, 12.01-1, 14.01-1, 15.101, 16.101
Boatswain, definition
                                                                  10.103

                                 C

Cabin watchmen
                                                                  15.855
Cadet rating on merchant mariner's document
                                                                12.25-25
Cardiopulmonary resuscitation (CPR) course certificate
                                                               10.205(h)
Certificate of discharge, issuing duplicates
                                                                12.02-23
Certificate of identification
                                                             12.02-11(g)
Certificate of inspection
                                                          15.505, 15.515
Certificate of registry (See also subpart B--General Requirements)
                                                                  10.801
Certificates of service:
Application......................................................12.02-9
Entry ratings...................................................12.25-10
Fees............................................................12.02-18
Ratings other than able seaman and QMED.........................12.25-10
Service under................................................12.02-11(c)
When required...........................................12.02-7, 12.25-1
Where issued.....................................................12.02-3
Certificates of service for ratings other than able seaman and QMED:
General requirements............................................12.25-10
When required....................................................12.25-1
Certificates, report loss or recovery of
                                                                12.02-24
Certification as QMED, when required
                                                                 12.15-1
Certification of seamen:
Application for documents........................................12.02-9
Basis and purpose of regulations.................................12.01-1
Cadet...........................................................12.25-25
Citizenship requirements........................................12.02-13
Commitment of employment, entry ratings..........................12.25-5
Documents required for shipment..................................12.02-7
Fees............................................................12.02-18
Form in which documents issued.........................12.02-5, 12.02-11
Oath requirement................................................12.02-15
Other than able seaman and QMED, when required...................12.25-1
Preparation and issuance of documents...........................12.02-17
QMED physical requirements.......................................12.15-5
Student observers...............................................12.25-30

[[Page 245]]

Character check and references for original license
                                                               10.205(f)
Chemical testing for dangerous drugs:
Analyses of specimens.............................................16.350
Applicability.....................................................16.201
Chain of custody..................................................16.320
Conflict with foreign laws........................................16.207
Definitions...............................................10.103, 16.105
Employee assistance program.......................................16.401
General procedures................................................16.310
Laboratory requirements...........................................16.340
Medical Review Officer............................................16.370
Periodic testing..................................................16.220
Pre-employment testing............................................16.210
Purpose...........................................................16.101
Random testing....................................................16.230
Reasonable cause testing..........................................16.250
Records...........................................................16.260
Release of information............................................16.380
Report of specimen analyses.......................................16.360
Serious marine incident testing...................................16.240
Specimen handling and shipping....................................16.330
Standards.........................................................16.301
Chief engineer: (See also subpart B--General Requirements)
Definition........................................................10.103
Limited-oceans, service requirements..............................10.518
Limited-near coastal, service requirements........................10.520
Requirement for...................................................15.820
Uninspected fishing industry vessel, service requirements.........10.530
Unlimited, service requirements...................................10.510
Chief Mate:
Definition........................................................10.103
Required service (See also subpart B--General Requirements).......10.405
Chief purser
(See also subpart B--General Requirements)................10.803, 10.807
Citizenship:
Acceptable evidence............................................10.205(c)
Requirements for license.......................................10.201(e)
Requirements for seamen's documents.............................12.02-13
Color sense test, original license
                                                            10.205(d)(2)
Commandant evaluation of service for equivalency
                                                               10.211(e)
Commitment of employment:
Definition........................................................16.105
For endorsement in entry rating..................................12.25-5
Continuous discharge book:
Application......................................................12.02-9
Duplicate, issuance.............................................12.02-23
Convictions for drug violations
                                                               10.201(b)
Course approvals:
General standards.................................................10.303
Period of approval.............................................10.302(c)
Radar observer courses....................................10.305, 10.307
Records retention..............................................10.303(d)
Renewal of approval............................................10.302(d)
Request for approval...........................................10.302(a)
Substitution of training for required service.....................10.304
Crewmember, definition
                                                                  16.105

[[Page 246]]

                                 D

Day, definition
                                                                  10.103
Decision of Officer in Charge, right of appeal
                                                                  10.204
Deck crew, definition
                                                                  15.301
Deck engine mechanic
                                                                12.15-13
Definitions:
Assistance towing.........................................10.103, 15.301
Assistant engineer................................................10.103
Ballast control operator..........................................10.103
Barge supervisor..................................................10.103
Boatswain.........................................................10.103
Chemical test.....................................................16.105
Chief engineer....................................................10.103
Chief mate........................................................10.103
Commitment of employment..........................................16.105
Crewmember........................................................16.105
Dangerous drug....................................................16.105
Dangerous drug level..............................................16.105
Day...............................................................10.103
Deck crew.........................................................15.301
Designated duty engineer..........................................10.103
Drug test.........................................................16.105
Employer..........................................................16.105
Employment assigned to............................................10.103
Endorsement.......................................................10.103
Evaluation...............................................10.103, 12.01-6
Fails a test for dangerous drugs..................................16.105
First assistant engineer..........................................10.103
Great Lakes.......................................................10.103
Horsepower........................................................10.103
Inland waters.....................................................10.103
Intoxicant........................................................16.105
Lower level license...............................................10.103
Marine employer...................................................16.105
Master............................................................10.103
Mate..............................................................10.103
Medical review officer............................................16.105
Mobile offshore drilling unit.....................................10.103
Month.............................................................10.103
Near coastal......................................................10.103
Oceans............................................................10.103
Officer in Charge, Marine Inspection.......................10.103, 5.301
Offshore installation manager.....................................10.103
On location.......................................................10.103
Operation (of a vessel)...........................................16.105
Operator..........................................................10.103
Orally assisted examination.......................................10.103
Original document................................................12.01-6
Original license..................................................10.103
Qualified rating.................................................12.01-6
Raise of grade....................................................10.103
Rivers............................................................10.103
Self-propelled....................................................15.301
Senior company official...........................................10.103
Serious marine incident...........................................16.105
Sponsoring organization...........................................16.105
Staff officer.....................................................15.301

[[Page 247]]

Underway..........................................................10.103
Undocumented vessel...............................................10.103
Upper level license...............................................10.103
Vessel owned in the United States.................................16.105
Western Rivers....................................................10.103
Year..............................................................10.103
Denial of license
                                                               10.202(g)
Denial of seaman's certificate
                                                                 12.02-4
Designated duty engineer (See also subpart B--General 
Requirements)
Definition........................................................10.103
License requirements..............................................10.524
Service authority.........................................10.501, 15.915
Detention of a vessel
                                                               15.701(c)
Discharge certificate, duplicate, issuance
                                                                12.02-23
Discharging seamen:
Certificate of discharge issued pending issuance of
Duplicate continuous discharge book.............................14.10-15
Conduct, character and qualifications, report of.................14.10-7
Foreign port....................................................14.10-10
Special cases...................................................14.10-20
Disclosure of information regarding................................14.15
Certificate of discharge to merchant seamen......................14.10-5
Continuous discharge book entries................................14.10-1
Discharge of seamen, procedure
                                                           Subpart 14.10
Discharge of seamen, rules and regulations
                                                    Subpart 14.10, 14.15
Documentary evidence of service
                                                               10.211(a)
Documents, seamen's:
Application......................................................12.02-9
Application from aliens.........................................12.02-10
Basis for denial of documents....................................12.02-4
Fees............................................................12.02-18
Form in which issued...................................12.02-5, 12.02-11
Production of required...........................................14.05-5
When required....................................................12.02-7
Where issued.....................................................12.02-3
Drugs, disqualifying for license or COR
                                                               10.201(b)
Drug testing:
Analyses of specimens.............................................16.350
Applicability.....................................................16.201
Chain of custody..................................................16.320
Conflict with foreign laws........................................16.207
Definitions...............................................10.103, 16.105
Employee assistance program.......................................16.401
General procedures................................................16.310
Laboratory requirements...........................................16.340
Medical Review Officer............................................16.370
Periodic testing..................................................16.220
Pre-employment testing............................................16.210
Purpose...........................................................16.101
Random testing....................................................16.230
Reasonable cause testing..........................................16.250
Records...........................................................16.260
Release of information............................................16.380
Report of specimen analyses.......................................16.360
Serious marine incident testing...................................16.240
Specimen handling and shipping....................................16.330
Standards.........................................................16.301

[[Page 248]]

Dual mode ITB
                                                               10.211(d)
Duplicate license:
Fee............................................................10.109(e)
Issuance..........................................................10.219
Duplicate seamen's documents:
Application.....................................................12.02-23
Fee.......................................................12.02-18(a)(5)
Issuance........................................................12.02-23

                                 E

Electrician:
Assistant, rating defined........................................12.15-3
Examination......................................................12.15-9
Employer, definition
                                                                  16.105
Endorsement:
Able seamen......................................................12.05-7
Definition........................................................10.103
Food handler..........................................12.25-10, 12.25-20
License fee.......................................................10.109
Merchant mariner's document:
Able seamen.....................................................12.05-11
Apprentice engineer.............................................12.25-35
Fees.........................................................12.02-18(a)
General provisions..............................................12.02-11
Licensed officers............................................12.02-11(d)
QMED............................................................12.15-11
Staff officer................................................12.02-11(e)
Pilot's endorsement to master's, mate's or
OUTV's license....................................................10.703
Engineer:
Apprentice engineer.............................................12.25-35
Requirement for...................................................15.825
Engineer's Licenses: (See also subpart B--General Requirements)
Horsepower limitation.............................................10.503
Service authorization.....................................10.501, 15.915
Uninspected fishing industry vessel...............................10.530
Engineman
                                                                12.15-15
Engine mechanic, deck
                                                                12.15-13
English language proficiency
                                                               10.201(c)
Equivalents, manning
                                                                  15.901
Equivalent, service
                                                               10.211(f)
Evaluation:
Definition...............................................10.103, 12.01-6
Experience not listed..........................................10.211(e)
Sea service as member of armed forces of U.S......................10.213
Sea service on vessels owned by U.S...............................10.213
Examination for license:
Fees..............................................................10.109
List of subjects:
Deck..............................................................10.910
Engineer..........................................................10.950
Procedures........................................................10.217
Examination for seaman's documents:
Able seaman......................................................12.05-9
Fees............................................................12.02-18
Lifeboatman......................................................12.10-5
Qualified member engine department...............................12.15-9

[[Page 249]]

Ratings other than able seaman or QMED..........................12.25-10
Reexamination...................................................12.02-17
Tankerman........................................................12.20-5
To be given as soon as practicable..............................12.02-17
Expired license, reissue
                                                               10.209(f)
Extension of pilot's route
                                                               10.705(c)
Eye sight requirements
                                                               10.205(d)

                                 F

Failure on examination for license
                                                                  10.217
False or incomplete application
                                                            10.205(f)(4)
Familiarity with vessel
                                                       10.101(b), 15.405
Fees:
Exemptions........................................................10.112
License...........................................................10.112
Merchant mariner's documents....................................12.02-18
Penalties............................................10.111, 12.02-18(d)
Fingerprint records, original license
                                                            10.205(f)(2)
Fire patrolmen
                                                                  15.855
Firefighting training certificate
                                                    10.205(g), 10.207(f)
First aid certificate, for original license
                                                               10.205(h)
First assistant engineer:
Definition........................................................10.103
Required service (See also subpart B--General Requirements).......10.512
First class pilot
(See also subpart B--General Requirements)........................10.701
Fishing industry vessel licenses
(See also subpart B--General Requirements)
Deck..............................................................10.462
Engineer..........................................................10.530
Food handler:
Endorsement on merchant mariner's document......................12.25-10
Medical examination.............................................12.25-20
Foreign nationals:
License eligibility............................................10.201(e)
Seaman's certificate eligibility................................12.02-14
Serving on U.S. vessels...........................................15.720
Foreign service
                                                    10.205(e)(3), (e)(4)
Form in which seamen's documents are issued
                                                       12.02-5, 12.02-11

                                 G

General provisions:
Merchant mariner's documents....................................12.02-11
Endorsed as able seaman.........................................12.05-11
Endorsed as QMED................................................12.15-11
General requirements:
Able seaman......................................................12.05-3
Deck engine mechanic............................................12.15-13
Engineman.......................................................12.15-15
Issuance of merchant mariner's documents for ratings other than 
able seaman or QMED.............................................12.25-10
Licenses.......................................................Subpart B
Tankerman........................................................12.20-1
Glasses, required wearing
                                                               10.202(f)
Grace period for renewal of expired license
                                                            10.209(e)(1)
Great Lakes, definition
                                                                  10.103

[[Page 250]]

                                 H

Horsepower:
Definition........................................................10.103
Limitations on engineer's license.................................10.503
Hospital corpsman
                                                               10.809(b)

                                 I

Inland waters, definition
                                                                  10.103
Integrated tug and barge, dual mode
                                                               10-211(d)
Issuance:
Duplicate license.................................................10.219
Duplicate seamen's documents....................................12.02-23
Fees:
Licenses..........................................................10.109
Merchant mariner's documents..............................12.02-18(a)(4)
Licenses..........................................................10.202
Merchant mariner's documents....................................12.02-11
Seamen's documents after revocation.............................12.02-21

                                 J

Junior assistant purser
                                                          10.803, 10.807
Junior engineer, examination
                                                                 12.15-9

                                 L

Language requirements:
Able seaman examination.......................................12.05-9(b)
Crew..............................................................15.730
License applicants.............................................10.201(c)
Puerto Rican waters, OUPV......................................10.466(h)
Puerto Rican waters, OUTV......................................10.464(i)
Lifeboatman examination.......................................12.10-5(b)
QMED examination..............................................12.15-9(a)
Tankerman examination............................................12.20-5
Letter of commitment of employment:
Definition........................................................16.105
For endorsement in entry rating..................................12.25-5
License:
Application for original.......................................10.202(a)
Application for renewal........................................10.209(a)
Citizenship requirement.............................10.201(e), 10.205(c)
Denial.........................................................10.202(g)
Duplicate license.................................................10.219
Examination subjects:
Deck..............................................................10.910
Engineer..........................................................10.950
Fees..............................................................10.109
Issuance..........................................................10.202
Lifting of limitations............................................10.215
Limitations, authority to impose...............................10.202(h)
Loss..............................................................10.219
Officer in Charge, Marine Inspection's authority to reduce license 
requirements and issue limited license.........................10.202(h)
Parting with......................................................10.221
Restrictions, serving within......................................15.401
Lifeboatman:

[[Page 251]]

Certification required...........................................12.10-1
Demonstration of ability.........................................12.10-5
Examination......................................................12.10-5
Endorsement on merchant mariner's document.......................12.10-7
Members of Merchant Marine Cadet Corps.................12.10-3, 12.25-25
Number required...................................................15.845
Service requirements.............................................12.10-3
Training requirements............................................12.10-3
When certificate required........................................12.10-1
Limitation on license, lifting
                                                       10.202(h), 10.215
Lookouts
                                                                  15.850
Loss of license
                                                                  10.219
Lost document, affidavit
                                                             12.02-23(e)
Lower level license, definition
                                                                  10.103

                                 M

Manning equivalents
                                                      Part 15, Subpart H
Manning, required:
Able seaman.......................................................15.840
Chief engineer....................................................15.820
Engineer..........................................................15.825
Lifeboatmen.......................................................15.845
Master............................................................15.805
Mate..............................................................15.810
OCMI will determine...............................................15.801
Pilot.............................................................15.812
Radio officer.....................................................15.830
Substitution of non-U.S. licensed or documented personnel.........15.720
Marine employer, definition
                                                                  16.105
Marine physician assistant
                                                               10.809(a)
Master: (See also subpart B--General Requirements)
Definition........................................................10.103
Great lakes and inland:
Any gross tons....................................................10.433
Not more than 1600 gross tons.....................................10.442
Not more than 500 gross tons......................................10.446
Not more than 200 gross tons......................................10.452
Not more than 100 gross tons......................................10.455
Limited master....................................................10.456
Inland:
Any gross tons....................................................10.435
Not more than 100 gross tons......................................10.457
Near coastal:
Any gross tons....................................................10.404
Not more than 1600 gross tons.....................................10.412
Not more than 500 gross tons......................................10.418
Not more than 200 gross tons......................................10.426
Not more than 100 gross tons......................................10.428
Limited master....................................................10.429
Oceans:
Any gross tons....................................................10.404
Not more than 1600 gross tons.....................................10.412
Not more than 500 gross tons......................................10.418
Not more than 200 gross tons......................................10.424
Requirement for...................................................15.805
Rivers............................................................10.459

[[Page 252]]

Uninspected fishing industry vessels..............................10.462
Mate: (See also subpart B--General Requirements)
Definition........................................................10.103
Great lakes and inland:
Any gross tons....................................................10.437
Not more than 1600 gross tons.....................................10.444
Not more than 500 gross tons......................................10.448
Not more than 200 gross tons......................................10.454
Near coastal:
Not more than 1600 gross tons.....................................10.416
Not more than 500 gross tons......................................10.421
Not more than 200 gross tons......................................10.427
Oceans:
Not more than 1600 gross tons.....................................10.414
Not more than 500 gross tons......................................10.420
Requirement for...................................................15.810
Rivers............................................................10.459
Uninspected fishing industry vessels..............................10.462
Mechanic, deck engine
                                                                12.15-13
Medical Doctor
                                                          10.803, 10.807
Medical examination:
Able Seaman......................................................12.05-5
Food Handler....................................................12.25-20
Original license...............................................10.205(d)
Pilot, annual.....................................................10.709
QMED.............................................................12.15-5
Raise of grade of license......................................10.207(e)
Renewal of license.............................................10.209(d)
Tankerman........................................................12.20-3
Medical review officer, definition
                                                                  16.105
Merchant Marine Cadet Corps, issuance of merchant mariner's 
documents
                                                                12.25-25
Merchant mariner's document:
Able seaman endorsement considered
Lifeboat certificate..........12.02-11(f), 12.05-11(b), 12.10-1, 12.10-7
Application......................................................12.02-9
Cadet...........................................................12.25-25
Citizenship requirements........................................12.02-13
Commitment of employment required for entry ratings..............12.25-5
Considered a certificate of identification...................12.02-11(g)
Duplicate, issuance.............................................12.02-23
Endorsement as able seaman, authorities of......................12.05-11
Endorsement as lifeboatman, able seaman as.......................12.10-7
Endorsement for ratings other than able seaman
or QMED................................................12.25-1, 12.25-10
Endorsements, general provisions................................12.02-11
Entry ratings...................................................12.25-10
Fees............................................................12.02-18
Food handler endorsement..............................12.25-10, 12.25-20
Form in which issued.............................................12.02-5
Issuance after revocation.......................................12.02-21
Issuance of duplicate...........................................12.02-23
Issuance to members of Merchant Marine Cadet Corps..............12.25-25
Issuance to ratings other than able seaman or QMED..............12.25-10
Issuance to student observers...................................12.25-30
Lifeboatman endorsement..........................................12.10-7
Loss, report of.......................................12.02-23, 12.02-24
Oath requirement................................................12.02-15

[[Page 253]]

Preparation and issuance........................................12.02-17
Qualified member engine department (QMED):
Endorsement.....................................................12.15-11
Examinations.....................................................12.15-9
Service or training requirements.................................12.15-7
Seaman producing document, when required.........................14.05-5
Signature and thumb-print....................................12.02-17(c)
Social security number.......................................12.02-17(d)
Stolen, report of..................................12.02-23(d), 12.02-24
Student observer rating.........................................12.25-30
Suspension or revocation........................................12.02-19
Tankerman endorsement..............................................12.20
When required....................................................12.02-7
Where issued.....................................................12.02-3
Military service
                                                                  10.213
Mobile offshore drilling units:
Definition........................................................10.103
Licenses for......................................................10.468
Manning of........................................................15.520
Month, definition
                                                                  10.103

                                 N

Near coastal, definition
                                                                  10.103

                                 O

Oath:
License........................................................10.202(d)
Seaman's documents..............................................12.02-15
Oceans, definition
                                                                  10.103
Officer in Charge, Marine Inspection, definition
                                                           10.103, 5.301
Officers' Competency Certificates Convention, 1936
                                                                  15.701
Offshore installation manager:
Definition........................................................10.103
Required service (See also subpart B--General Requirements).......10.470
On location, definition
                                                                  10.103
Operation (of a vessel), definition
                                                                  16.105
Operator, definition
                                                                  10.103
Operator of uninspected passenger vessels:
Equivalents.......................................................15.905
Required service (See also subpart B--General Requirements).......10.466
Operator of uninspected towing vessels:
Equivalents.......................................................15.910
Required service (See also subpart B--General Requirements).......10.464
Oral examinations:
Able seaman...................................................12.05-9(a)
Definition........................................................10.103
License.....................................................10.205(i)(1)
Lifeboatman...................................................12.10-5(a)
QMED.............................................................12.15-9
Tankerman........................................................12.20-5
Original document, definition
                                                                 12.01-6
Original license:
Age requirement................................................10.201(f)
Cardiopulmonary resuscitation (CPR) course certificate.........10.205(h)
Character check and references.................................10.205(f)
Citizenship....................................................10.205(c)

[[Page 254]]

Definition........................................................10.103
Experience requirements........................................10.205(e)
Fees..............................................................10.109
Fingerprint records.........................................10.205(f)(2)
Firefighting certificate required...................10.205(g), 10.402(g)
First aid certificate required.................................10.205(h)
Issuance to applicant on probation..........................10.205(f)(3)
Issuance to naturalized citizen.............................10.205(e)(4)
Not issued to naturalized citizens on less
experience than required of a citizen by birth..............10.205(e)(2)
Physical examination...........................................10.205(d)
Professional examination.......................................10.205(i)
Recommendations of master and other officers required.......10.205(f)(1)

                                 P

Parting with license
                                                                  10.221
Payment for duplicate seaman's documents
                                                          12.02-18(a)(5)
Period of grace, expired license renewal
                                                            10.209(e)(1)
Photographs
                                                              12.02-9(b)
Physical examination:
Able seaman......................................................12.05-3
Food handler....................................................12.25-20
Original license...............................................10.205(d)
Pilot, annual.....................................................10.709
Raise of grade of license......................................10.207(e)
Renewal of license.............................................10.209(d)
Tankerman........................................................12.20-3
QMED.............................................................12.15-5
Physical requirements:
Able seaman......................................................12.05-5
Original license...............................................10.205(d)
Pilot, annual.....................................................10.709
QMED.............................................................12.15-5
Raise of grade of license......................................10.207(e)
Renewal of license.............................................10.209(d)
Tankerman........................................................12.20-3
Physical waiver
                                                            10.205(d)(4)
Pilot: (See also subpart B--General Requirements)
Current knowledge requirement.....................................10.713
Endorsement of master's or mate's license......................10.703(d)
Examination for license...........................................10.707
Extension of route.............................................10.705(c)
Minimum number trips for license...............................10.705(b)
Minimum number of trips for extension of route.................10.705(c)
Requirement for...................................................15.812
Service required..................................................10.703
Probation, applicant on:
Original license............................................10.205(f)(3)
Raise of grade..............................................10.207(c)(6)
Professional examination for license:
Expired over 12 months.........................................10.209(f)
Fees..............................................................10.109
Original license...............................................10.205(i)
Raise of grade of license......................................10.207(d)
Renewal........................................................10.209(c)
Professional nurse
                                                          10.803, 10.807
Purser
                                                          10.803, 10.807

[[Page 255]]

                                 Q

Qualified member engine department:
Certification required...........................................12.15-1
Definition.......................................................12.15-3
Examination, list of subjects....................................12.15-9
Examination requirements.........................................12.15-9
General requirements.............................................12.15-3
Endorsement on merchant mariner's document......................12.15-11
Physical requirements............................................12.15-5
Ratings.........................................................12.15-11
Service or training requirements.................................12.15-7
Qualified rating, definition
                                                                 12.01-6
Qualifying experience for license:
Sea service as member of armed forces of U.S......................10.213
Sea service on vessels owned by U.S...............................10.213

                                 R

Radar observer:
Qualification courses.............................................10.305
Qualifications for................................................10.480
Requirement for...................................................15.815
Radio officers: (See also subpart B--General Requirements)
License...........................................................10.601
Requirement for...................................................15.830
Raise of grade of license:
Age requirement.............................................10.207(c)(1)
Applicant on probation......................................10.207(c)(6)
Applicant who has lost sight in one eye.....................10.207(e)(3)
Definition........................................................10.103
Documentary evidence of service.............................10.207(c)(2)
Not issued to naturalized citizen on less experience than required 
of a citizen by birth.......................................10.207(c)(4)
Physical requirements..........................................10.207(e)
Professional examination.......................................10.207(d)
Recency of sea service.........................................10.202(e)
Sea service acquired prior to issuance of license held not 
acceptable..................................................10.207(c)(3)
Surrendering old license.......................................10.207(b)
Recency of experience or sea service
                                                               10.202(e)
Reexamination for:
License........................................................10.217(a)
Seaman's document............................................12.02-17(f)
References, character for license
                                                               10.205(f)
Registration of staff officers
                                                                  10.803
Reissue of expired license
                                                               10.209(f)
Reissue of duplicate seamen's documents
                                                                12.02-23
Related service
                                                            10.209(c)(1)
Renewal of licenses:
After expiration............................................10.209(e)(1)
Applicant who has lost the sight of one eye.................10.209(d)(3)
Applicant......................................................10.209(a)
Before expiration...........................................10.209(e)(2)
Expired license................................................10.209(f)
Fees..............................................................10.109
Inactive license renewal for continuity purposes...............10.209(g)
Mailing of..................................................10.209(e)(3)

[[Page 256]]

Period of grace.............................................10.209(e)(1)
Physical requirements..........................................10.209(d)
Pilot...............................................10.209(c)(3), 10.713
Professional requirements......................................10.209(c)
Radio officer...............................................10.209(c)(4)
Suspended license..............................................10.209(b)
Revocation of seamen's documents
                                                      12.02-19, 12.02-21
Right of appeal from decision of Officer in Charge
                                                        10.204, 12.02-25
Rivers, definition
                                                                  10.103

                                 S

Sail vessels, license endorsement
                                                               10.401(f)
Sailing short
                                                                  15.725
Seamen:
Application for documents........................................12.02-9
Cadet-midshipmen................................................12.25-25
Certificate of identification, where issued......................12.02-3
Certificates of service, where issued............................12.02-3
Citizenship requirements........................................12.02-13
Continuous discharge books, where issued.........................12.02-3
Discharge:
Certificate of discharge to merchant seamen......................14.10-5
Conduct, character and qualifications, report of.................14.10-7
Continuous discharge book........................................14.10-1
Disclosure of information regarding................................14.15
Foreign port....................................................14.10-10
Pending issuance of duplicate continuous discharge book.........14.10-15
Procedure........................................................Part 14
Shipping articles................................................14.05-1
Special cases...................................................14.10-20
Not shipped or discharged before shipping commissioner..........14.05-10
Paying off during voyage.........................................14.05-7
Suspension or revocation of documents...........................12.02-19
Temporary permit in lieu of regular certificates.................12.02-3
Seamen's documents:
Aliens.................................................12.02-3, 12.02-14
Application......................................................12.02-9
Citizenship requirements........................................12.02-13
Commitment of employment required for entry ratings..............12.25-5
Duplicates, procedure for obtaining.............................12.02-23
General provisions..............................................12.02-11
Endorsements....................................................12.02-11
Entry ratings, commitment of employment required.................12.25-5
Fees............................................................12.02-18
Form in which issued...................................12.02-5, 12.02-11
Loss............................................................12.02-23
Oath requirement................................................12.02-15
Other than able seaman or QMED, when required....................12.25-1
Preparation and issuance........................................12.02-17
QMED, service or training requirements...........................12.15-7
Revocation, issuance after......................................12.02-21
Stolen, lost, or destroyed, report of...........................12.02-23
Student observers...............................................12.25-30
Suspension or revocation........................................12.02-19
Temporary permit in lieu of regular certificates..............12.02-3(b)
When required....................................................12.02-7
Second assistant engineer

[[Page 257]]

(See also subpart B--General Requirements)........................10.514
Second class operator of uninspected towing vessels
(See also subpart B--General Requirements).....................10.464(d)
Second mate (See also subpart B--General Requirements)
                                                                  10.406
Self-propelled, definition
                                                                  15.301
Senior assistant purser
                                                          10.803, 10.807
Senior company official, definition
                                                                  10.103
Serious marine incident, definition
                                                                  16.105
Service requirements for licenses:
Creditable service................................................10.211
Documentation for original license..........................10.205(e)(1)
Documentation for raise of grade of license.................10.207(c)(2)
Equivalent service................................................10.211
Experience on foreign vessels.................10.205(e)(3), 10.207(c)(5)
Experience on motor vessels were licenses not required.........10.422(c)
Recency........................................................10.202(e)
Self certification.............................................10.211(a)
Training substitution for required service........................10.304
Service within restrictions of license
                                                                  15.401
Shipping articles:
Completing at voyage end........................................14.05-15
Form.............................................................14.05-1
Posting..........................................................14.05-2
Paying off during voyage.........................................14.05-7
Preparation......................................................14.05-3
Reporting shipment and discharge of seamen......................14.05-10
Signaling examination for deck officer's
                                                               10.401(h)
Signature
                                                               10.202(c)
Simulator training
                                                               10.304(d)
Social security number
                                                             12.02-17(d)
Sponsoring organization
                                                                  16.105
Staff officers:
Definition........................................................15.301
Required service (See also subpart B--General Requirements).......10.803
Requirement for...................................................15.835
Student observers, issuance of merchant mariner's document
                                                                12.25-30
Surrender of old license upon issuance of a new license
                                                               10.207(b)
Suspension or revocation:
Licenses..........................................................10.223
Seamen's documents..............................................12.02-19

                                 T

Tankerman:
Examination requirements.........................................12.20-5
General requirements.............................................12.20-1
Officer's license considered certification....................12.20-1(c)
Physical requirements............................................12.20-3
Temporary MODU license
                                                                  10.476
Third assistant engineer (See also subpart B--General 
Requirements)
                                                                  10.516
Third mate (See also subpart B--General Requirements)
                                                                  10.407
Tonnage limitations:
Computation for license........................................10.402(b)
Computations for vessels not more than 200 gross tons..........10.422(a)
Raises for vessels over 1600 gross tons........................10.402(c)
Raises for vessels not more than 200 gross tons................10.422(b)
Training course approvals:

[[Page 258]]

General standards.................................................10.303
Period of approval..................................10-302(c), 10-302(c)
Radar observer courses....................................10.305, 10.307
Records retention..............................................10.303(d)
Renewal of approval............................................10.302(d)
Request for approval...........................................10.302(a)
Substitution of training for required service.....................10.304

                                 U

Underway, definition
                                                                  10.103
Undocumented vessel, definition
                                                                  10.103
Uninspected passenger vessels:
Equivalent licenses...............................................15.905
License (See also subpart B--General Requirements)................10.466
Manning...........................................................15.905
Uninspected towing vessels:
Equivalent licenses...............................................15.910
License (See also subpart B--General Requirements)................10.464
Manning...........................................................15.610
Upper level license, definition
                                                                  10.103

                                 V

Vessel familiarity
                                                       10.101(b), 15.405
Vessel owned in the United States, definition
                                                                  16.105
Vision:
Glasses........................................................10.202(f)
Loss in one eye...............................10.207(e)(3), 10.209(d)(3)
Requirements:
Deck officers (master, mate, pilot, operator)...............10.205(d)(2)
Engineer officers...........................................10.205(d)(3)
Mobile offshore units.......................................10.205(d)(3)
Radio officers..............................................10.205(d)(3)
Waiver......................................................10.205(d)(4)

                                 W

Waiver of physical standards
                                                            10.205(d)(4)
Watches
                                                                  15.705
Watchmen
                                                                  15.855
Waters, restrictions on authority of engineer's licenses
                                                          15.501, 15.519
Western Rivers, definition
                                                                  10.103
Working hours
                                                                  15.710

                                 Y

Year, definition
                                                                  10.103

[[Page 259]]



                    SUBCHAPTER C--UNINSPECTED VESSELS





PART 24--GENERAL PROVISIONS--Table of Contents




                  Subpart 24.01--Authority and Purpose

Sec.
24.01-1  Purpose of regulations.
24.01-5  Assignment of functions.
24.01-7  Right of appeal.

                       Subpart 24.05--Application

24.05-1  Vessels subject to the requirements of this subchapter.
24.05-5  Specific application noted in text.

       Subpart 24.10--Definition of Terms Used in This subchapter

24.10-1  Approved.
24.10-2  Barge.
24.10-3  Carrying passengers for hire.
24.10-5  Carrying freight for hire.
24.10-7  Commandant.
24.10-9  Coast Guard District Commander.
24.10-11  Headquarters.
24.10-13  International voyage.
24.10-15  Marine inspector or inspector.
24.10-17  Motorboat.
24.10-19  Motor vessel.
24.10-20  Oceanographic research vessel.
24.10-21  Officer in Charge, Marine Inspection.
24.10-23  Passenger.
24.10-27  Vessel.

                       Subpart 24.15--Equivalents

24.15-1  Conditions under which equivalents may be used.
24.15-5  Canadian pleasure craft temporarily using navigable waters of 
          the United States.

         Subpart 24.20--General Marine Engineering Requirements

24.20-1  Marine engineering details.

    Authority: 46 U.S.C. 2113, 3306, 4104, 4302; E.O. 12234, 45 FR 
58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

    Source: CGFR 65-50, 30 FR 16650, Dec. 30, 1965, unless otherwise 
noted.



                  Subpart 24.01--Authority and Purpose



Sec. 24.01-1  Purpose of regulations.

    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 said carrying passenger for hire, 
and barges carrying passengers for hire in accordance with the intent of 
the Motorboat Act of 1940, as amended (54 Stat. 163; 46 U.S.C. 526-526t) 
and the Federal Boat Safety Act of 1971 (85 Stat. 213; 46 U.S.C. 1451-
1489). The regulations are necessary to carry out the provisions of the 
Motorboat Act of 1940, and the Federal Boat Safety Act of 1971 and such 
regulations have the force of law.

[CGD 72-172R, 38 FR 8116, Mar. 28, 1973]



Sec. 24.01-5  Assignment of functions.

    (a) The Department of Transportation Act (Pub. L. 89-670, 80 Stat. 
931- 950, 49 U.S.C. 1651-1659), transferred to and vested in the 
Secretary of Transportation ``* * * all functions, powers, and duties, 
relating to the Coast Guard, of the Secretary of the Treasury and of 
other officers and offices of the Department of the Treasury'' 
(subsection 6(b) (1), 49 U.S.C. 1655(b)). This transfer is subject to 
certain conditions, modifications, and exceptions as set forth in such 
act. By rule in 49 CFR 1.4(a), the Secretary of Transportation delegated 
to the Commandant, U.S. Coast Guard, authority to exercise certain 
functions, powers, and duties as set forth in subsections 6(a) (4), 6(b) 
(1), and 6(g) of such act (49 U.S.C. 1655), subject to conditions, 
exceptions and modifications as described in 49 CFR part 1. By a rule in 
49 CFR 1.9 the Secretary of Transportation continued in effect actions 
taken prior to April 1, 1967.
    (b) The Commandant, U.S. Coast Guard, in a notice dated March 31, 
1967, and effective April 1, 1967 (32 FR 5611), approved the 
continuation of orders, rules, regulations, policies, procedures, 
privileges, waivers, and other actions, which had been made, allowed, 
granted, or issued prior to April 1, 1967, and provided that they shall 
continue in effect according to their terms until modified, terminated, 
repealed, superseded, or set aside by appropriate authority.

[CGFR 68-32, 33 FR 5711, Apr. 12, 1968]

[[Page 260]]



Sec. 24.01-7  Right of appeal.

    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.

[CGD 88-033, 54 FR 50380, Dec. 6, 1989]



                       Subpart 24.05--Application



Sec. 24.05-1  Vessels subject to the requirements of this subchapter.

    (a) This subchapter shall be applicable to all vessels indicated in 
Column 6 of Table 24.05-1 (a), and shall apply to all such United States 
flag vessels, and to all such foreign 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.

[[Page 261]]



                                                                                        Table 24.05-1(a)                                                                                        
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Classes of vessels (including motorboats) examined or inspected under various Coast Guard regulations\1\                 
                                                    --------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Vessels inspected and                                                                                                 
                                                                           certificated under     Vessels inspected                                                           Vessels subject to
                                    Size or other     Vessels inspected   either subchapter H--   and certificated        Vessels subject to           Vessels subject to      the provisions of
      Method of propulsion         limitations\1\     and certificated          Passenger         under subchapter   provisions of subchapter C--   provisions of subchapter    subchapter O--  
                                                      under subchapter   Vessels\2\\3\\4\\5\ or     I--Cargo and              Uninspected               U--Oceanographic         Certain Bulk   
                                                     D--Tank Vessels\2\    subchapter T--Small      Miscellaneous      Vessels\2\\3\\5\\6\\7\\8\     Vessels\3\\5\\6\\7\\9\        Dangerous    
                                                                                Passenger           Vessels\2\\3\                                                                 Cargoes\10\   
                                                                            Vessels\2\\3\\4\                                                                                                    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Column 1                         Column 2..........  Column 3..........  Column 4..............  Column 5..........  Column 6....................  Column 7.................  Column 8          
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Steam..........................  Vessels not over    All vessels         All vessels carrying    All tugboats and    All vessels except those      None.....................  All vessels       
                                  65 feet in length.  carrying            more than 6             towboats.           covered by columns 3, 4, 5,                              carrying in bulk 
                                                      combustible or      passengers.\7\                              and 7.                                                   the cargoes      
                                                      flammable liquid                                                                                                         listed in Table I
                                                      cargo in bulk.                                                                                                           of Pt. 153 and   
                                                                                                                                                                               Table 4 of Pt.   
                                                                                                                                                                               154.\12\         
                                ----------------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Vessels over 65     All vessels         1. All vessels          All vessels except  None........................  All vessels engaged in         Do.           
                                  feet in length.     carrying            carrying more than 12   those covered by                                  oceanographic research.                     
                                                      combustible or      passengers on an        columns 3 and 4.                                                                              
                                                      flammable liquid    international voyage,                                                                                                 
                                                      cargo in bulk.\5\   except yachts.                                                                                                        
                                                                         2. All vessels of not                                                                                                  
                                                                          over 15 gross tons                                                                                                    
                                                                          which carry more than                                                                                                 
                                                                          6 passengers.\7\                                                                                                      
                                                                         3. All other vessels                                                                                                   
                                                                          carrying                                                                                                              
                                                                          passengers,\7\                                                                                                        
                                                                          except:.                                                                                                              
                                                                           a. Yachts.                                                                                                           
                                                                           b. Documented cargo                                                                                                  
                                                                          or tank vessels                                                                                                       
                                                                          issued a permit to                                                                                                    
                                                                          carry not more than                                                                                                   
                                                                          16 persons in                                                                                                         
                                                                          addition to the crew.                                                                                                 

[[Page 262]]

                                                                                                                                                                                                
                                                                           c. Towing and                                                                                                        
                                                                          fishing vessels, in                                                                                                   
                                                                          other than ocean and                                                                                                  
                                                                          coastwise service,                                                                                                    
                                                                          may carry persons on                                                                                                  
                                                                          the legitimate                                                                                                        
                                                                          business of the                                                                                                       
                                                                          vessel, in addition                                                                                                   
                                                                          to crew, but not to                                                                                                   
                                                                          exceed one for each                                                                                                   
                                                                          net ton of the vessel.                                                                                                
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Motor..........................  Vessels not over    All vessels         All vessels carrying    Those vessels       All vessels except those      None.....................      Do.           
                                  15 gross tons.      carrying            more than 6             carrying            covered by columns 3, 4, 5,                                               
                                                      combustible or      passengers.\7\          dangerous cargoes   and 7.                                                                    
                                                      flammable liquid                            when required by                                                                              
                                                      cargo in bulk                               46 CFR part 98 or                                                                             
                                                                                                  49 CFR parts 171-                                                                             
                                                                                                  179.                                                                                          
                                ----------------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Vessels over 15     All vessels         1. All vessels          All vessels         All vessels except those      None.....................      Do.           
                                  gross tons except   carrying            carrying more than 12   carrying freight    covered by columns 3, 4, 5,                                               
                                  seagoing motor      combustible or      passengers on an        for hire except     and 7.                                                                    
                                  vessels of 300      flammable liquid    international voyage,   those covered by                                                                              
                                  gross tons and      cargo in bulk.\5\   except yachts.          columns 3 and 4.                                                                              
                                  over.                                                                                                                                                         
                                                                         2. All vessels not                                                                                                     
                                                                          over 65 feet in                                                                                                       
                                                                          length which carry                                                                                                    
                                                                          more than 6                                                                                                           
                                                                          passengers.\7\                                                                                                        
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 263]]

                                                                                                                                                                                                
                                                                         3. All other vessels                                                                                                   
                                                                          of over 65 feet in                                                                                                    
                                                                          length carrying                                                                                                       
                                                                          passengers for hire                                                                                                   
                                                                          except docu-mented                                                                                                    
                                                                          cargo or tank vessels                                                                                                 
                                                                          issued a permit to                                                                                                    
                                                                          carry not more than                                                                                                   
                                                                          16 persons in                                                                                                         
                                                                          addition to the crew.                                                                                                 
                                ----------------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Seagoing motor      All vessels         1. All vessels          All vessels except  All vessels except those      All vessels engaged in     None.             
                                  vessels of 300      carrying            carrying more than 12   those covered by    covered by columns 3, 4, 5,   oceanographic research.                     
                                  gross tons and      combustible or      passengers on an        columns 3 and 4,    and 7.                                                                    
                                  over                flammable liquid    international voyage,   and those engaged                                                                             
                                                      cargo in bulk.\5\   except yachts           in the fishing,                                                                               
                                                                         2. All other vessels     oystering,                                                                                    
                                                                          carrying                clamming,                                                                                     
                                                                          passengers,\7\          crabbing, or any                                                                              
                                                                          except:.                other branch of                                                                               
                                                                                                  the fishery,                                                                                  
                                                                                                  kelp, or sponge                                                                               
                                                                                                  industry.                                                                                     
                                                                           a. Yachts.                                                                                                           
                                                                           b. Documented cargo                                                                                                  
                                                                          or tank vessels                                                                                                       
                                                                          issued a permit to                                                                                                    
                                                                          carry not more than                                                                                                   
                                                                          16 persons in                                                                                                         
                                                                          addition to the crew.                                                                                                 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sail...........................  Vessels not over    All vessels         All vessels carrying    Those vessels       All vessels carrying 6 or     None.....................  All vessels       
                                  700 gross tons.     carrying            more than 6             carrying            less passengers for                                      carrying in bulk 
                                                      combustible or      passengers.\7\          dangerous cargoes   hire.\12\                                                the cargoes      
                                                      flammable liquid                            when required by                                                             listed in Table I
                                                      cargo in bulk.                              46 CFR part 98 or                                                            of Pt. 153 and   
                                                                                                  49 CFR parts 171-                                                            Table 4 of Pt.   
                                                                                                  179.                                                                         154.\12\         
                                ----------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 264]]

                                                                                                                                                                                                
                                 Vessels over 700    All vessels         All vessels carrying    Those vessels       None........................  None.....................      Do.           
                                  gross tons.         carrying            passengers for hire.    carrying                                                                                      
                                                      combustible or                              dangerous cargoes                                                                             
                                                      flammable liquid                            when required by                                                                              
                                                      cargo in bulk.                              46 CFR part 98 or                                                                             
                                                                                                  49 CFR parts 171-                                                                             
                                                                                                  179.                                                                                          
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Non-self-propelled.............  Vessels less than   All vessels         All vessels carrying    Those vessels       All barges carrying           None.....................  All tank barges   
                                  100 gross tons.     carrying            more than 6             carrying            passengers except those                                  carrying in bulk 
                                                      combustible or      passengers.\7\          dangerous cargoes   covered by column 4.                                     the cargoes      
                                                      liquid cargo in                             when required by                                                             listed in Table  
                                                      bulk.                                       49 CFR parts 171-                                                            151.05 of this   
                                                                                                  179.                                                                         chapter.\11\\12\ 
                                ----------------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Vessels 100 gross   All vessels         All vessels carrying    All seagoing        All barges carrying           All seagoing barges                          
                                  tons or over.       carrying            passengers for hire.    barges except       passengers except those       engaged in oceanographic                    
                                                      combustible or                              those covered by    covered by columns 4 and 7.   research.                                   
                                                      flammable liquid                            columns 3 and 4;                                                                              
                                                      cargo in bulk.                              and those inland                                                                              
                                                                                                  barges carrying                                                                               
                                                                                                  dangerous cargoes                                                                             
                                                                                                  when required by                                                                              
                                                                                                  49 CFR parts 171-                                                                             
                                                                                                  179.                                                                                          
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Where length is used in this table it means the length measured from end to end over the deck, excluding sheer. This expression 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.                                                                                     
\2\ Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), and N (Dangerous Cargoes) of this chapter may also be applicable under certain conditions. The provisions of
  49 CFR parts 171-179 apply whenever hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.                                                
\3\ Public nautical schoolships, other than vessels of the Navy and Coast Guard, shall meet the requirements of part 167 of subchapter R (Nautical Schools) of this chapter. Civilian nautical  
  schoolships, as defined by 46 U.S.C. 1331, shall meet the requirements of subchapter H (Passenger Vessels) and part 168 of subchapter R (Nautical Schools) of this chapter.                   
\4\ Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more. Subchapter T (Small Passenger Vessels) of this chapter covers only those vessels of   
  less than 100 gross tons.                                                                                                                                                                     
\5\ Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of the vessel is not for the carriage of     
  liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in bulk. The portion of the vessel used for the carriage of the flammable or         
  combustible liquid cargo shall meet the requirements of subchapter D (Tank Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels)
  of this chapter.                                                                                                                                                                              
\6\ Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974.                                                       
\7\ The meaning of the term passenger is as defined in the Act of May 10, 1956 (Sec. 1, 70, Stat. 151; 46 U.S.C. 300). On oceanographic vessels scientific personnel on board shall not be      
  deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., shall be counted as persons.                                                                          

[[Page 265]]

                                                                                                                                                                                                
\8\ Boilers and machinery are subject to examination on vessels over 40 feet in length.                                                                                                         
\9\ Under 46 U.S.C. 441 an oceanographic research vessel is a vessel ``* * * being employed exclusively in instruction in oceanography or limnology, or both, or exclusively in oceanographic   
  research, * * *.'' Under 46 U.S.C. 443, ``an oceanographic research vessel shall not be deemed to be engaged in trade or commerce.'' If or when an oceanographic vessel engages in trade or   
  commerce, such vessel cannot operate under its certificate of inspection as an oceanographic vessel, but shall be inspected and certificated for the service in which engaged, and the        
  scientific personnel aboard then become persons employed in the business of the vessel.                                                                                                       
\10\ Bulk dangerous cargoes are cargoes specified in table 151.01-10(b), in table I of part 153, and in table 4 of part 154 of this chapter.                                                    
\11\ For manned tank barges see Sec.  151.01-10(e) of this chapter.                                                                                                                             
\12\ Lifesaving device requirements of subpart 25.25 only.                                                                                                                                      
                                                                                                                                                                                                
 [CGFR 65-50, 30 FR 16650, Dec. 30, 1965, as amended by CGFR 67-33, 33 FR 1104, Jan. 27, 1968; CGFR 70-10, 35 FR 3707, Feb. 25, 1970; CGD 72-172R, 38 FR 3116, Mar. 28, 1973; CGD 73-96, 42 FR  
  49023, Sept. 26, 1977; CGD 86-033, 53 FR 36023, Sept. 16, 1988; 53 FR 46871, Nov. 21, 1988; CGD 90-008, 55 FR 30659, July 26, 1990]                                                           


[[Page 266]]



Sec. 24.05-5  Specific application noted in text.

    (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 vessels contracted 
for includes not only the contracting for the construction of a vessel, 
but also the contracting for a material alteration to a vessel, the 
contracting for the conversion of a vessel to a passenger vessel, and 
the changing of service or route of a vessel if such change increases or 
modifies the general requirements for the vessel or increases the 
hazards to which it might be subjected.



       Subpart 24.10--Definition of Terms Used in This subchapter



Sec. 24.10-1  Approved.

    This term means approved by the Commandant unless otherwise stated.



Sec. 24.10-2  Barge.

    This term means any vessel not equipped with means of self-
propulsion.

[CGFR 68-32, 33 FR 5711, Apr. 12, 1968]



Sec. 24.10-3  Carrying passengers for hire.

    The carriage of any person or persons by a vessel for a valuable 
consideration, whether directly or indirectly flowing to the owner, 
charterer, operator, agent or any other person interested in the vessel.



Sec. 24.10-5  Carrying freight for hire.

    The carriage of any goods, wares, or merchandise or any other 
freight for a valuable consideration, whether directly or indirectly 
flowing to the owner, charterer, operator, agent, or any other person 
interested in the vessel.



Sec. 24.10-7  Commandant.

    This term means the Commandant of the Coast Guard.



Sec. 24.10-9  Coast Guard District Commander.

    This term means an officer of the Coast Guard designated as such by 
the Commandant to command all Coast Guard activities within his 
district, which include the inspection, enforcement, and administration 
of title 52, Revised Statutes, and acts amendatory thereof or 
supplemental thereto, and rules and regulations thereunder.



Sec. 24.10-11  Headquarters.

    This term means the Office of the Commandant, Washington, DC.



Sec. 24.10-13  International voyage.

    (a) This section describes those voyages which are considered to be 
``international voyages'' for the purposes of this subchapter.
    (b) Except as provided in paragraph (c) of this section, the term 
international voyage as used in this subchapter shall have the same 
meaning as that contained in Regulation 2(d), chapter I of the 
International Convention for Safety of Life at Sea, 1974, i.e., 
``International voyage means a voyage from a country to which the 
present convention applies to a port outside such country, or 
conversely.''
    (c) The International Convention for Safety of Life at Sea, 1974, 
does not apply to vessels ``solely navigating the Great Lakes of North 
America and the River St. Lawrence as far east as a straight line drawn 
from Cap de Rosiers to West Point, Anticosti Island and, on the north 
side of Anticosti Island, the 63d Meridian.'' Accordingly, such vessels 
shall not be considered as being on an international voyage for the 
purpose of this subchapter.
    (d) In addition, although voyages between the continental United 
States and Hawaii or Alaska, and voyages between Hawaii and Alaska are 
not international voyages under the provisions of the International 
Convention for Safety of Life at Sea, 1974, such voyages are similar in 
nature and shall be considered as international voyages for the purposes 
of this subchapter.

[CGD 90-008, 55 FR 30659, July 26, 1990]

[[Page 267]]



Sec. 24.10-15  Marine inspector or inspector.

    These terms mean any person from the civilian or military branch of 
the Coast Guard assigned under the superintendence and direction of an 
Officer in Charge, Marine Inspection, or any other person as may be 
designated for the performance of duties with respect to the inspection, 
enforcement, and administration of title 52, Revised Statutes, and acts 
amendatory thereof or supplemental thereto, and rules and regulations 
thereunder.



Sec. 24.10-17  Motorboat.

    (a) This term means any vessel indicated in column 6 of Table 24.05-
1(a), 65 feet in length or less which is equipped with propulsion 
machinery (including steam). The length shall be measured from end to 
end over the deck excluding sheer. This term includes a boat temporarily 
or permanently equipped with a detachable motor, since such a boat is 
also subject to the Act of April 25, 1940, as amended (46 U.S.C. 526-
526u), and the regulations promulgated thereunder. For the purpose of 
this subchapter, motorboats are included under the term vessel unless 
specifically noted otherwise. The various classes of motorboats are as 
follows:

    Class A--Any motorboat less than 16 feet in length.
    Class 1--Any motorboat 16 feet or over and less than 26 feet in 
length.
    Class 2--Any motorboat 26 feet or over and less than 40 feet in 
length.
    Class 3--Any motorboat 40 feet or over and not more than 65 feet in 
length.

    (b) The expression ``length shall 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. Bow sprits, 
bumpkins, rudders, outboard motor brackets, and similar fittings or 
attachments, are not to be included in the measurement. Length shall be 
stated in feet and inches.

[CGFR 65-50, 30 FR 16650, Dec. 30, 1965, as amended by CGFR 69-18, 34 FR 
5723, Mar. 27, 1969]



Sec. 24.10-19  Motor vessel.

    This term means any vessel more than 65 feet in length, which is 
propelled by machinery other than steam.



Sec. 24.10-20  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.

[CGD 77-0811, 46 FR 56204, Nov. 16, 1981]



Sec. 24.10-21  Officer in Charge, Marine Inspection.

    This term means any person from the civilian or military branch of 
the Coast Guard designated as such by the Commandant and who, under the 
superintendence and direction of the Coast Guard District Commander, is 
in charge of an inspection zone for the performance of duties with 
respect to the inspections, enforcement, and administration of title 52, 
Revised Statutes, and acts amendatory thereof or supplemental thereto, 
and rules and regulations thereunder.



Sec. 24.10-23  Passenger.

    A passenger is every person, other than the master and the members 
of the crew or other persons employed or engaged in any capacity on 
board a vessel in the business of that vessel. In the case of a vessel 
on an international voyage a child under one year of age is not counted 
as a passenger.



Sec. 24.10-27  Vessel.

    Where the word vessel is used in this subchapter, it shall be 
considered to include all vessels indicated in Column 6 of Table 24.05-
1(a), except as otherwise noted in this subpart.



                       Subpart 24.15--Equivalents



Sec. 24.15-1  Conditions under which equivalents may be used.

    (a) Where in this subchapter it is provided that a particular 
fitting, material, appliance, apparatus, or equipment, or type thereof, 
shall be fitted or

[[Page 268]]

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: Provided, That he shall have been 
satisfied by suitable trials that the fitting, material, appliance, 
apparatus, or equipment, or type thereof, or the provision or 
arrangement is at least as effective as that specified in this 
subchapter.
    (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.


Sec. 24.15-5  Canadian pleasure craft temporarily using navigable waters of the United States.

    (a) Uninspected Canadian pleasure craft (uninspected vessels) 
temporarily using navigable waters of the United States may carry in 
lieu of the equipment required by the Motorboat Act of 1940 (46 U.S.C. 
526-526u) and the regulations in this subchapter, the equipment as 
required by the laws of the Dominion of Canada and the regulations of 
the Department of Transport, Ottawa, Canada.


         Subpart 24.20--General Marine Engineering Requirements


Sec. 24.20-1  Marine engineering details.

    (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.



PART 25--REQUIREMENTS--Table of Contents



                       Subpart 25.01--Application
Sec.
25.01-1  Applicable to all vessels.
25.01-3  Incorporation by reference.
25.01-5  OMB control numbers assigned pursuant to the Paperwork 
          Reduction Act.

      Subpart 25.25--Life Preservers and Other Lifesaving Equipment

25.25-1  Application.
25.25-3  Definitions.
25.25-5  Life preservers and other lifesaving equipment required.
25.25-7  Marking.
25.25-9  Storage.
25.25-11  Condition.
25.25-13  Personal flotation device lights.
25.25-15  Retroreflective material for personal flotation devices.

   Subpart 25.26--Emergency Position Indicating Radio Beacons (EPIRB)

25.26-1  Definitions.
25.26-5  Commercial fishing industry vessels.
25.26-10  Uninspected passenger vessels.
25.26-20  Other manned uninspected commercial vessels.
25.26-30  121.5/243.0 MHz EPIRBs.
25.26-50  Servicing of EPIRBs.
25.26-60  Exemptions.

               Subpart 25.30--Fire Extinguishing Equipment

25.30-1  Application.
25.30-5  General provisions.
25.30-10  Hand portable fire extinguishers and semiportable fire 
          extinguishing systems.
25.30-15  Fixed fire extinguishing systems.
25.30-20  Fire extinguishing equipment required.
25.30-90  Vessels contracted for prior to November 19, 1952.

                  Subpart 25.35--Backfire Flame Control

25.35-1  Requirements.

                       Subpart 25.40--Ventilation

25.40-1  Tanks and engine spaces.

          Subpart 25.45--Cooking, Heating, and Lighting Systems

25.45-1  Heating and lighting systems on vessels carrying passengers for 
          hire.
25.45-2  Cooking systems on vessels carrying passengers for hire.

                    Subpart 25.50--Garbage Retention

25.50-1  Criteria.

    Authority: 33 U.S.C. 1903(b); 46 U.S.C. 3306, 4302; 49 CFR 1.46.


[[Page 269]]


    Source: CGFR 65-50, 30 FR 16653, Dec. 30, 1965, unless otherwise 
noted.



                       Subpart 25.01--Application



Sec. 25.01-1   Applicable to all vessels.

    (a) The provisions of this part shall apply to all vessels except as 
specifically noted.



Sec. 25.01-3  Incorporation by reference.

    (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 Federal Register and make the material available to the 
public. All approved material is on file at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC and 
at the U.S. Coast Guard, Office of Compliance (G-MOC), 2100 Second 
Street SW., Washington, DC 20593-0001 and is available from the sources 
indicated in paragraph (b) of this section.
    (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
Standard A-1-78, Marine LPG-Liquefied Petroleum Gas Systems, December 
15, 1978.........................................................25.45-2
Standard A-22-78, Marine CNG-Compressed Natural Gas Systems, December 
15, 1978.........................................................25.45-2

               National Fire Protection Association (NFPA)

1 Batterymarch Park, Quincy, MA 02269
NFPA 302, Fire Protection Standard for Pleasure and Commercial Motor 
Craft, 1989......................................................25.45-2

                  Society of Automotive Engineers (SAE)

400 Commonwealth Drive, Warrendale, PA 15096
SAE J-1928, Devices Providing Backfire Flame Control for Gasoline 
Engines in Marine Applications, June 1989........................25.35-1

                     Underwriter's Laboratories (UL)

12 Laboratory Drive, Research Triangle Park, NC 27709
UL 1111, Marine Carburetor Flame Arrestors, June 1988............25.35-1

[CGD 88-032, 56 FR 35820, July 29, 1991, as amended by CGD 95-072, 60 FR 
50461, Sept. 29, 1995; CGD 95-072, 60 FR 54106, Oct. 19, 1995; CGD 96-
041, 61 FR 50726, Sept. 27, 1996]



Sec. 25.01-5   OMB control numbers assigned pursuant to the Paperwork Reduction Act.

    (a) Purpose. This section collects and displays the control numbers 
assigned to information collection and recordkeeping requirements in 
this subchapter by the Office of Management and Budget (OMB) pursuant to 
the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). The Coast 
Guard intends that this section comply with the requirements of 44 
U.S.C. 3507(f), which requires that agencies display a current control 
number assigned by the Director of the OMB for each approved agency 
information collection requirement.
    (b) Display.

------------------------------------------------------------------------
                                                             Current OMB
    46 CFR part or section where identified or described     control No.
------------------------------------------------------------------------
Sec.  25.45-2..............................................    2115.0549
------------------------------------------------------------------------

[CGD 83-013, 54 FR 6401, Feb. 10, 1989 and CGD 83-013, 55 FR 3959, Feb. 
6, 1990]



      Subpart 25.25--Life Preservers and Other Lifesaving Equipment

    Source: CGD 72-172R, 38 FR 8117, Mar. 28, 1973, unless otherwise 
noted.



Sec. 25.25-1   Application.

    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.



Sec. 25.25-3   Definitions.

    As used in this subpart:
    (a) Approved means approved under subchapter Q of this chapter.
    (b) Use means operate, navigate, or employ.

[[Page 270]]



Sec. 25.25-5   Life preservers and other lifesaving equipment required.

    (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 board. Kapok and fibrous glass life preservers that do not have 
plastic-covered pad inserts as required by subparts 160.062 and 160.005 
of this chapter are not acceptable as equipment required by this 
paragraph.
    (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) or (c) of 
this section, each vessel 26 feet in length or longer must have at least 
one approved ring life buoy, constructed in accordance with subpart 
160.050 of this chapter; except a ring life buoy that was approved under 
former subpart 160.009 of this chapter may be used as long as it is in 
good and serviceable condition.
    (e) Each vessel not carrying passengers for hire may substitute an 
exposure suit for a life preserver, buoyant vest, or marine buoyant 
device required under paragraphs (b) or (c) of this section. Each 
exposure suit carried in accordance with this paragraph must be of a 
type approved under subpart 160.071 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.

[CGD 72-172R, 38 FR 8117, Mar. 28, 1973, as amended by CGD 77-081, 47 FR 
10558, Mar. 11, 1982; CGD 82-075a, 49 FR 4483, Feb. 7, 1984; CGD 78-
174A, 51 FR 4350, Feb. 4, 1986; CGD 78-174, 60 FR 2485, Jan. 9, 1995]



Sec. 25.25-7  Marking.

    The lifesaving equipment required by this subpart must be legibly 
marked as specified in subchapter Q of this chapter.



Sec. 25.25-9   Storage.

    (a) The lifesaving equipment designed to be worn required in 
Sec. 25.25-5 (b), (c) and (e) must be readily accessible.
    (b) Lifesaving equipment designed to be thrown required in 
Sec. 25.25-5(d) must be immediately available.

[CGD 72-172R, 38 FR 8117, Mar. 28, 1973, as amended by CGD 82-075a, 49 
FR 4483, Feb. 7, 1984]



Sec. 25.25-11   Condition.

    The lifesaving equipment required by this subpart must be in 
serviceable condition.



Sec. 25.25-13  Personal flotation device lights.

    (a) This section applies to vessels described in Sec. 25.25-1 that 
engage in ocean, coastwise, or Great Lakes voyages.
    (b) Each exposure suit carried in accordance with Sec. 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 exposure 
suit, life preserver, or other personal flotation device.
    (d) If a personal flotation device light has a non-replaceable power 
source, the

[[Page 271]]

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 and the light must be 
replaced when it is no longer serviceable.

[44 FR 38783, July 2, 1979, as amended by CGD 82-075a, 49 FR 4483, Feb. 
7, 1984]



Sec. 25.25-15  Retroreflective material for personal flotation devices.

    (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 retroreflective 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.

[CGD 76-028, 44 FR 38783, July 2, 1979, as amended by CGD 82-075a, 49 FR 
4483, Feb. 7, 1984]



   Subpart 25.26--Emergency Position Indicating Radio Beacons (EPIRB)

    Source: CGD 87-016a, 58 FR 13367, Mar. 10, 1993 unless otherwise 
noted.



Sec. 25.26-1  Definitions.

    As used in this subpart:
    Berthing space means a space that is intended to be used for 
sleeping and is provided with installed bunks and mattresses.
    EPIRB means an Emergency Position Indicating Radiobeacon which is 
Type Accepted by the Federal Communications Commission under 
requirements in 47 CFR parts 2 and 80.
    Galley means a space that provides for the preparation and extended 
storage of food. This does not include small alcohol or propane stoves 
with limited cooking capability, or ice chests or similar devices that 
are intended for keeping small quantities of food for short durations.
    High seas means the waters beyond a line three nautical miles 
seaward of the Territorial Sea Baseline as defined in 33 CFR 2.05-10.
    Length means the length listed on a vessel's Certificate of 
Documentation or Certificate of Number.
    Uninspected passenger vessel means a vessel which, when used for 
commercial service, is used solely to carry passengers for hire or to 
provide non-emergency assistance to boaters (assistance towing), and 
which is not inspected by the Coast Guard under any other 46 CFR 
subchapter.

    Note: 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.



Sec. 25.26-5  Commercial fishing industry vessels.

    (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) After March 10, 1994, 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

[[Page 272]]

    (2) A float-free, automatically activated Category 1 406 MHz EPIRB; 
or
    (3) Until February 1, 1998, a 121.5/243.0 MHz EPIRB meeting 
Sec. 25.26-30.
    (c) After March 10, 1994, 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--
    (1) A float-free, automatically activated Category 1 406 MHz EPIRB 
stowed in a manner so that it will float free if the vessel sinks; or
    (2) Until February 1, 1998, a 121.5/243.0 MHz EPIRB meeting 
Sec. 25.26-30(a).

[CGD 87-016a, 58 FR 13367, Mar. 10, 1993; 58 FR 27658, May 11, 1993]



Sec. 25.26-10  Uninspected passenger vessels.

    An uninspected passenger vessel is not required to carry an EPIRB.



Sec. 25.26-20  Other manned uninspected commercial vessels.

    (a) After March 10, 1994, the owner of a manned uninspected 
commercial vessel 11 meters (36 feet) or more in length, other than a 
vessel under Sec. 25.26-5 or Sec. 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--
    (1) A float-free, automatically activated Category 1 406 MHz EPIRB 
stowed in a manner so that it will float free if the vessel sinks; or
    (2) Until February 1, 1998, a 121.5/243.0 MHz EPIRB meeting 
Sec. 25.26-30.
    (b) After March 10, 1994, 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; 
or
    (3) Until February 1, 1998, a 121.5/243.0 MHz EPIRB meeting 
Sec. 25.26-30.

[CGD 87-016a, 58 FR 13367, Mar. 10, 1993; 58 FR 27658, May 11, 1993]



Sec. 25.26-30  121.5/243.0 MHz EPIRBs.

    A 121.5/243.0 MHz EPIRB manufactured after October 1, 1988, may be 
used to meet certain requirements of Sec. 25.26-5 and Sec. 25.26-20, if 
the EPIRB is operable and was installed on the vessel on or before April 
26, 1993. The EPIRB must be a Class A EPIRB, or a Class B EPIRB which is 
watertight, self-buoyant, and stable in a floating position to properly 
transmit a distress signal.



Sec. 25.26-50  Servicing of EPIRBs.

    (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.

[CGD 87-016a, 58 FR 13367, Mar. 10, 1993; 58 FR 27658, May 11, 1993]



Sec. 25.26-60  Exemptions.

    (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

[[Page 273]]

    (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.



               Subpart 25.30--Fire Extinguishing Equipment



Sec. 25.30-1   Application.

    (a) The provisions of this subpart, with the exception of 
Sec. 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 Sec. 25.30-90.



Sec. 25.30-5   General provisions.

    (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 Federal Register, and in addition, 
are contained in Coast Guard publication COMDTINST M16714.3 (Series), 
Equipment Lists.
    (b) All hand portable fire extinguishers, semiportable fire 
extinguishing systems, and fixed fire extinguishing systems shall be of 
an approved type.

[CGFR 65-50, 30 FR 16653, Dec. 30, 1965, as amended by CGD 96-041, 61 FR 
50726, Sept. 27, 1996]



Sec. 25.30-10   Hand portable fire extinguishers and semiportable fire extinguishing systems.

    (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 will start with ``I'' for the 
smallest to ``V'' for the largest. For the purpose of this subchapter, 
only sizes I through III will be considered. Sizes I and II are 
considered hand portable fire extinguishers and sizes III, IV, and V are 
considered semiportable fire extinguishing systems which shall be fitted 
with suitable hose and nozzle or other practicable means so that all 
portions of the space concerned may be covered. Examples of size 
graduations for some of the typical hand portable fire extinguishers and 
semiportable fire extinguishing systems are set forth in Table 25.30-
10(c).

                                                Table 25.30-10(c)                                               
----------------------------------------------------------------------------------------------------------------
                               Classification                                               Carbon        Dry   
-----------------------------------------------------------------------------    Foam,     Dioxide,    chemical,
                    Type                                   Size                 gallons     pounds      pounds  
----------------------------------------------------------------------------------------------------------------
B...........................................  I.............................      1\3/4\           4           2
B...........................................  II............................      2\1/2\          15          10
B...........................................  III...........................        12            35          20
----------------------------------------------------------------------------------------------------------------

    (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,

[[Page 274]]

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 \1/4\ ounce less than that 
stamped on container, it shall be serviced.
    (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 
Sec. 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.

[CGFR 65-50, 30 FR 16653, Dec. 30, 1965, as amended by CGFR 68-32, 33 FR 
5711, Apr. 12, 1968; CGFR 69-18, 34 FR 5723, Mar. 27, 1969]



Sec. 25.30-15   Fixed fire extinguishing systems.

    (a) When a fixed fire extinguishing system is installed, it shall be 
of an approved carbon dioxide type, designed and installed in agreement 
with the applicable provisions of subpart 76.15 of subchapter H 
(Passenger Vessels) of this chapter.



Sec. 25.30-20   Fire extinguishing equipment required.

    (a) Motorboats. (1) All motorboats shall carry at least the minimum 
number of hand portable fire extinguishers set forth in Table 25.30-
20(a)(1), except that motorboats less than 26 feet in length, propelled 
by outboard motors and not carrying passengers for hire, need not carry 
such portable fire extinguishers if the construction of such motorboats 
will not permit the entrapment of explosive or flammable gases or 
vapors.

                          Table 25.30-20(a)(1)                          
------------------------------------------------------------------------
                                             Minimum number of B-I hand 
                                             portable fire extinguishers
                                                     required\1\        
                                           -----------------------------
 Class of            Length, feet           No fixed fire    Fixed fire 
motor boat                                  extinguishing  extinguishing
                                              system in      system in  
                                              machinery      machinery  
                                                space          space    
------------------------------------------------------------------------
A           Under 16......................           1              0   
1           16 and over, but under 26.....           1              0   
2           26 and over, but under 40.....           2              1   
3           40 and over, but not over 65..           3              2   
------------------------------------------------------------------------
\1\ One B-II hand portable fire extinguisher may be substituted for two 
  B-I hand portable fire extinguishers.                                 

    (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.
[GRAPHIC] [TIFF OMITTED] TC01FE91.066

                           Figure 25.30-20(a1)
    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.

[[Page 275]]

    4. Closed stowage compartments in which combustible or flammable 
materials are stowed.
    5. Permanently installed fuel tanks.
    [GRAPHIC] [TIFF OMITTED] TC01FE91.067
    
                          Figure 25.30-20(a2).
    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) Motor vessels. (1) All motor vessels shall carry at least the 
minimum number of hand portable fire extinguishers set forth in Table 
25.30-20(b) (1).

                          Table 25.30-20(b)(1)                          
------------------------------------------------------------------------
            Gross tonnage--                                             
----------------------------------------   Minimum number of B-II hand  
            Over               Not over    portable fire extinguishers  
------------------------------------------------------------------------
                                     50                 1               
50..........................        100                 2               
100.........................        500                 3               
500.........................      1,000                 6               
1,000.......................  .........                 8               
------------------------------------------------------------------------

    (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.
    (c) Barges carrying passengers. (1) Every barge of 65 feet in length 
or less 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(a)(1), depending upon the 
length of the barge.
    (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.

[CGFR 65-50, 30 FR 16653, Dec. 30, 1965, as amended by CGD 77-039, 44 FR 
34132, June 14, 1979]



Sec. 25.30-90   Vessels contracted for prior to November 19, 1952.

    (a) Vessels contracted for prior to November 19, 1952, shall meet 
the applicable provisions of Secs. 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 Secs. 25.30-5 through 25.30-
20.



                  Subpart 25.35--Backfire Flame Control



Sec. 25.35-1   Requirements.

    (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

[[Page 276]]

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.

[CGFR 65-50, 30 FR 16653, Dec. 30, 1965, as amended by CGD 88-032, 56 FR 
35820, July 29, 1991]



                       Subpart 25.40--Ventilation



Sec. 25.40-1   Tanks and engine spaces.

    (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 deg. 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 open boats means those 
motorboats or motor vessels with all engine and fuel tank compartments, 
and other spaces to which explosive or flammable gases and vapors from 
these compartments may flow, open to the atmosphere and so arranged as 
to prevent the entrapment of such gases and vapors within the vessel.
    (c) Boats as defined in the Federal Boat Safety Act of 1971 built 
after July 31, 1980 or which are in compliance with 33 CFR part 183 are 
excepted from these requirements.
    (d) Boats, as defined in the Federal Boat Safety Act of 1971, built 
after July 31, 1978 are excepted from the requirements of paragraph (a) 
for fuel tank compartments that:
    (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.

[CGFR 65-50, 30 FR 16653, Dec. 30, 1965, as amended by CGD 76-082A, 44 
FR 73047, Dec. 17, 1979; CGD 76-082A, 45 FR 7551, Feb. 4, 1980; CGD 95-
012, 60 FR 48048, Sept. 18, 1995]



          Subpart 25.45--Cooking, Heating, and Lighting Systems



Sec. 25.45-1   Heating and lighting systems on vessels carrying passengers for hire.

    (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 \3/4\'' depth secured inside the 
frame of the stove; or
    (ii) The metal protection under the stove flanged up at least \3/
4\'' to form a pan.
    (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 \3/4\'' depth secured inside the 
frame of the stove; or
    (ii) The metal protection under the stove flanged up at least \3/
4\'' to form a pan.
    (2) Fuel tanks must be--
    (i) Separated from the stove that they serve;

[[Page 277]]

    (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.

[CGD 83-013, 54 FR 6402, Feb. 10, 1989 and CGD 83-013, 55 FR 3959, Feb. 
6, 1990; CGD 95-072, 60 FR 50461, Sept. 29, 1995; CGD 96-041, 61 FR 
50726, Sept. 27, 1996]



Sec. 25.45-2  Cooking systems on vessels carrying passengers for hire.

    (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 Sec. 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.

[CGD 83-013, 54 FR 6402, Feb. 10, 1989, as amended by CGD 83-013, 55 FR 
3960, Feb. 6, 1990; CGD 95-072, 60 FR 50461, Sept. 29, 1995; CGD 96-041, 
61 FR 50726, Sept. 27, 1996]



                    Subpart 25.50--Garbage Retention



Sec. 25.50-1  Criteria.

    Each uninspected vessel must meet the garbage discharge, waste 
management plan, and placard requirements of 33 CFR part 151 applicable 
to the vessel.

    Note: 33 CFR 151.67 prohibits the discharge of plastic or garbage 
mixed with plastic into the sea or the navigable waters of the United

[[Page 278]]

States. ``Plastic'' and ``garbage'' are defined in 33 CFR 151.05.

[CGD 88-002A, 56 FR 8880, Mar. 1, 1991]



PART 26--OPERATIONS--Table of Contents




                       Subpart 26.01--Application

Sec.
26.01-1  Applicable to all vessels.

              Subpart 26.03--Special Operating Requirements

26.03-1  Safety orientation.
26.03-2  Emergency instructions.
26.03-5  Action required after accident.
26.03-10  Signaling light.

   Subpart 26.08--Notice and Reporting of Casualty and Voyage Records

26.08-1  Notice and reporting of casualty and voyage records.

Subpart 26.10--Assessment, Collection, Mitigation, Remission of Fines or 
                                Penalties

26.10-1  General.
26.10-5  Procedures.

                         Subpart 26.15--Boarding

26.15-1  May board at any time.

        Subpart 26.20--Exhibition of Motorboat Operator's License

26.20-1  Must be available.

                        Subpart 26.25--[Reserved]

                        Subpart 26.30--Work Vest

26.30-1  Approved unicellular plastic foam work vests.
26.30-5  Use.
26.30-10  Stowage.

    Authority: 46 U.S.C. 3306, 4104, 6101, 8105; E.O. 12234, 45 FR 
58801, 3 CFR, 1980 Comp., p. 277.; 49 CFR 1.46.

    Source: CGFR 65-50, 30 FR 16656, Dec. 30, 1965, unless otherwise 
noted.



                       Subpart 26.01--Application



Sec. 26.01-1   Applicable to all vessels.

    (a) The provisions of this part shall apply to all vessels except as 
specifically noted.



              Subpart 26.03--Special Operating Requirements



Sec. 26.03-1  Safety orientation.

    (a) Before getting underway in any vessel carrying 6 or fewer 
passengers for hire, the operator in charge shall ensure that suitable 
public announcements, instructive placards or both are provided in a 
manner which 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 Emergency Checkoff List 
required by Sec. 26.03-2.
    (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 
Sec. 26.03-1 and Sec. 26.03-2.

[CGD 78-009, 45 FR 11109, Feb. 19, 1980]



Sec. 26.03-2  Emergency instructions.

    (a) The operator in charge of each vessel carrying 6 or fewer 
passengers for hire shall ensure than an emergency checkoff list is 
posted in a conspicuous, continuously accessible place to serve as a 
notice to the passengers and a reminder to the crew of precautionary 
measures which may be necessary in the event of an emergency situation.
    (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:

                     Sample Emergency Checkoff List

    Measures to be considered in the event of:
    (a) Rough weather at sea or crossing hazardous bars.
{time}  All weathertight and watertight doors, hatches and airports 
          closed to prevent taking water aboard.
{time}  Bilges kept dry to prevent loss of stability.

[[Page 279]]

{time}  Passengers seated and evenly distributed.
{time}  All passengers wearing life preservers in conditions of very 
          rough seas or if about to cross a bar under hazardous 
          conditions.
{time}  An international distress call and a call to the Coast Guard 
          over radiotelephone made if assistance is needed (if 
          radiotelephone equipped).
    (b) Man overboard.
{time}  Ring buoy thrown overboard as close to the victim as possible.
{time}  Lookout posted to keep the victim in sight.
{time}  Crewmember, wearing a life preserver and lifeline, standing by 
          ready to jump into the water to assist the victim back aboard.
{time}  Coast Guard and all vessels in the vicinity notified by 
          radiotelephone (if radiotelephone equipped).
{time}  Search continued until after radiotelephone consultation with 
          the Coast Guard, if at all possible.
    (c) Fire at Sea.
{time}  Air supply to the fire cut off by closing hatches, ports, doors, 
          and ventilators, etc.
{time}  Portable extinguishers discharged at the base of the flames of 
          flammable liquid or grease fires or water applied to fires in 
          combustible solids.
{time}  If fire is in machinery spaces, fuel supply and ventilation shut 
          off and any installed fixed firefighting system discharged.
{time}  Vessel maneuvered to minimize the effect of wind on the fire.
{time}  Coast Guard and all vessels in the vicinity notified by 
          radiotelephone of the fire and vessel location (if 
          radiotelephone equipped).
{time}  Passengers moved away from fire and wearing life preservers.

    (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 suitable mounting surface, an exclusion from the 
requirements of Sec. 26.03-2(a) and (b) is granted by letter.

[CGD 78-009, 45 FR 11109, Feb. 19, 1980]



Sec. 26.03-5   Action required after accident.

    (a) Whenever an undocumented vessel is involved in a collision, 
accident, or other casualty, the operator shall:
    (1) Comply with requirements in subsection 13(b) of the Act of April 
25, 1940, as amended (46 U.S.C. 526l), which reads as follows:

    In the case of collision, accident, or other casualty involving a 
motorboat or other vessel subject to this Act, it shall be the duty of 
the operator, if and so far as he can do so without serious danger to 
his own vessel, or persons aboard, to render such assistance as may be 
practicable and necessary to other persons affected by the collision, 
accident, or other casualty in order to save them from danger caused by 
the collision, accident, or casualty. He shall also give his name, 
address, and identification of his vessel to any person injured and to 
the owner of any property damaged. The duties imposed by this subsection 
shall be in addition to any duties otherwise provided by law.

    (b) See subpart 173.01 of part 173 of subchapter S (Numbering of 
Undocumented Vessels, Statistics on Numbering, and Boating Accident 
Reports and Accident Statistics) of this chapter for requirements 
governing boating accident reports.



Sec. 26.03-10   Signaling light.

    (a) 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.

[CGFR 68-32, 33 FR 5711, Apr. 12, 1968]



   Subpart 26.08--Notice and Reporting of Casualty and Voyage Records

    Authority: 46 U.S.C. 6101; 46 CFR 1.46.



Sec. 26.08-1  Notice and reporting of casualty and voyage records.

    The requirements for providing notice and reporting of marine 
casualties and for retaining voyage records are contained in part 4 of 
this chapter.

[CGD 84-099, 52 FR 47535, Dec. 14, 1987; 53 FR 13117, Apr. 21, 1988]

[[Page 280]]



Subpart 26.10--Assessment, Collection, Mitigation, Remission of Fines or 
                                Penalties



Sec. 26.10-1   General.

    (a) The assessment, collection, mitigation, and remission of any 
fine, penalty, or forfeiture incurred under the Act of April 25, 1940, 
as amended, are authorized by section 17 (46 U.S.C. 526p), which reads 
in part as follows:

    * * * The Commandant of the Coast Guard or any officer of the Coast 
Guard authorized by the Commandant may, upon application therefor, remit 
or mitigate any fine, penalty or forfeiture incurred under this Act or 
any regulations thereunder relating to motorboats or vessels, except the 
penalties provided in section 14 hereunder. * * *

    (b) The assessment, collection, mitigation, and remission of 
penalties incurred under the Federal Boating Act of 1958 are authorized 
by subsection 8(b) (46 U.S.C. 527e), which reads as follows:

    The Secretary may assess and collect any penalty incurred under this 
Act or any regulations prescribed pursuant to section 7 of this Act. The 
Secretary may, in his discretion, remit or mitigate any penalty imposed 
under this section, or discontinue prosecution therefor on such terms as 
he may deem proper.



Sec. 26.10-5   Procedures.

    (a) Violations of maritime safety, navigation and vessel inspection 
laws, as well as rules and regulations prescribed thereunder, 
administered and enforced by the Coast Guard are reported by Coast Guard 
personnel detecting such violations to the Commander of the Coast Guard 
district in which the alleged violations occurred. The alleged offender 
will be informed of the nature of the violation.
    (b) The procedures for the assessment, collection, remission, or 
mitigation are set forth in 33 CFR part 1.

[CGFR 65-50, 30 FR 16656, Dec. 30, 1965, as amended by CGD 74-68, 39 FR 
19481, June 3, 1974]



                         Subpart 26.15--Boarding



Sec. 26.15-1   May board at any time.

    (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.

[CGFR 65-50, 30 FR 16656, Dec. 30, 1965, as amended by CGD 72-132R, 38 
FR 5750, Mar. 2, 1973; CGD 95-027, 61 FR 25997, May 23, 1996]



        Subpart 26.20--Exhibition of Motorboat Operator's License



Sec. 26.20-1   Must be available.

    (a) Any person to whom a license as a motorboat operator has been 
issued shall have such license in his possession and available for 
immediate production to any Coast Guard boarding officer at all times 
during which any vessel which he is operating is carrying passengers for 
hire.



                        Subpart 26.25--[Reserved]



                        Subpart 26.30--Work Vest

    Source: CGFR 68-65, 33 FR 19982, Dec. 28, 1968, unless otherwise 
noted.



Sec. 26.30-1   Approved unicellular plastic foam work vests.

    (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.

[[Page 281]]



Sec. 26.30-5   Use.

    (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 Sec. 25.25-10 of this subchapter.



Sec. 26.30-10   Stowage.

    (a) The approved buoyant work vests shall be stowed separately from 
the regular stowage of required lifesaving equipment.



PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS--Table of Contents




                      Subpart A--General Provisions

Sec.
28.10  Authority.
28.20  OMB control numbers.
28.30  Applicability.
28.40  Incorporation by reference.
28.50  Definition of terms used in this part.
28.70  Approved equipment and material.
28.73  Accepted organizations.
28.76  Similarly qualified organizations.
28.80  Report of casualty.
28.90  Report of injury.
28.95  Right of appeal.

                 Subpart B--Requirements for All Vessels

28.100  Applicability.
28.105  Lifesaving equipment--general requirements.
28.110  Life preservers or other personal flotation devices.
28.115  Ring life buoys.
28.120  Survival craft.
28.125  Stowage of survival craft.
28.130  Survival craft equipment.
28.135  Lifesaving equipment markings.
28.140  Operational readiness, maintenance, and inspection of lifesaving 
          equipment.
28.145  Distress signals.
28.150  Emergency Position Indicating Radio Beacons (EPIRBs).
28.155  Excess fire detection and protection equipment.
28.160  Portable fire extinguishers.
28.165  Injury placard.

 Subpart C--Requirements for Documented Vessels That Operate Beyond the 
 Boundary Lines or With More Than 16 Individuals On Board, or for Fish 
              Tender Vessels Engaged in the Aleutian Trade

28.200  Applicability.
28.205  Fireman's outfit and self-contained breathing apparatus.
28.210  First aid equipment and training.
28.215  Guards for exposed hazards.
28.225  Navigational information.
28.230  Compasses.
28.235  Anchors and radar reflectors.
28.240  General alarm system.
28.245  Communication equipment.
28.250  High water alarms.
28.255  Bilge pumps, bilge piping, and dewatering systems.
28.260  Electronic position fixing devices.
28.265  Emergency instructions.
28.270  Instruction, drills, and safety orientation.

Subpart D--Requirements for Vessels Which Have Their Keel Laid or Are at 
  a Similar Stage of Construction on or After or Which Undergo a Major 
 Conversion Completed on or After September 15, 1991, and That Operate 
                 With More Than 16 Individuals on Board

28.300  Applicability and general requirements.
28.305  Lifesaving and signaling equipment.
28.310  Launching of survival craft.
28.315  Fire pumps, fire mains, fire hydrants, and fire hoses.
28.320  Fixed gas fire extinguishing systems.
28.325  Fire detection systems.
28.330  Galley hood and other fire protection equipment.
28.335  Fuel systems.
28.340  Ventilation of enclosed engine and fuel tank spaces.
28.345  Electrical standards for vessels less than 79 feet (24 meters) 
          in length.
28.350  General requirements for electrical systems.
28.355  Main source of electrical power.
28.360  Electrical distribution systems.
28.365  Overcurrent protection and switched circuits.
28.370  Wiring methods and materials.
28.375  Emergency source of electrical power.
28.380  General structural fire protection.
28.385  Structural fire protection for vessels that operate with more 
          than 49 individuals on board.
28.390  Means of escape.
28.395  Embarkation stations.
28.400  Radar and depth sounding devices.
28.405  Hydraulic equipment.
28.410  Deck rails, lifelines, storm rails, and hand grabs.

[[Page 282]]

                          Subpart E--Stability

28.500  Applicability.
28.501  Substantial alterations.
28.505  Vessel owner's responsibility.
28.510  Definitions of stability terms.
28.515  Submergence test as an alternative to stability calculations.
28.520  [Reserved]
28.525  [Reserved]
28.530  Stability instructions.
28.535  Inclining test.
28.540  Free surface.
28.545  Intact stability when using lifting gear.
28.550  Icing.
28.555  Freeing ports.
28.560  Watertight and weathertight integrity.
28.565  Water on deck.
28.570  Intact righting energy.
28.575  Severe wind and roll.
28.580  Unintentional flooding.
28.590  [Reserved]
28.600  [Reserved]
28.610  [Reserved]
28.620  [Reserved]
28.630  [Reserved]

                   Subpart F--Fish Processing Vessels

28.700  Applicability.
28.710  Examination and certification of compliance.
28.720  Survey and classification.

                  Subpart G--Aleutian Trade Act Vessels

28.800  Applicability and general requirements.
28.805  Launching of survival craft.
28.810  Deck rails, lifelines, storm rails and hand grabs.
28.815  Bilge pumps, bilge piping, and dewatering systems.
28.820  Fire pumps, fire mains, fire hydrants, and fire hoses.
28.825  Excess fire detection and protection equipment.
28.830  Fire detection system.
28.835  Fuel systems.
28.840  Means for stopping pumps, ventilation, and machinery.
28.845  General requirements for electrical systems.
28.850  Main source of electrical power.
28.855  Electrical distribution systems.
28.860  Overcurrent protection and switched circuits.
28.865  Wiring methods and materials.
28.870  Emergency source of electrical power.
28.875  Radar, depth sounding, and auto-pilot.
28.880  Hydraulic equipment.
28.885  Cargo gear.
28.890  Examination and certification of compliance.
28.895  Loadlines.
28.900  Post accident inspection.
28.905  Repairs and alterations.

    Authority: 46 U.S.C. 3316, 4502, 4506, 6104, 10603; 49 U.S.C. 5103, 
5106; 49 CFR 1.46.

    Source: CGD 88-079, 56 FR 40393, Aug. 14, 1991, unless otherwise 
noted.



                      Subpart A--General Provisions



Sec. 28.10  Authority.

    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.



Sec. 28.20  OMB control numbers.

    (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 et seq.). This section complies 
with the requirements of 44 U.S.C. 3507(f) which requires that agencies 
display a current control number assigned by the Director of the OMB for 
each approved agency information collection requirement.
    (b) Display.

------------------------------------------------------------------------
                                                             Current OMB
   46 CFR part or section where identified or described      control No.
------------------------------------------------------------------------
Sec.  28.80...............................................     2115-0582
Sec.  28.90...............................................     2115-0582
Sec.  28.135..............................................     2115-0582
Sec.  28.165..............................................     2115-0582

[[Page 283]]

                                                                        
Sec.  28.530..............................................     2115-0582
Sec.  28.710..............................................     2115-0582
Sec.  28.720..............................................     2115-0582
------------------------------------------------------------------------



Sec. 28.30  Applicability.

    (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.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 49822, Oct. 1, 1991]



Sec. 28.40  Incorporation by reference.

    (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 Federal Register and make the material available to the 
public. All approved material is on file at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC and 
at the U.S. Coast Guard, Office of Design and Engineering Standards (G-
MSE), 2100 Second Street SW., Washington, DC 20593-0001 and is available 
from the sources indicated in paragraph (b) of this section.
    (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                                                             
    E-1-1972--Bonding of Direct Current   28.345                        
     Systems.                                                           
    E-8-1985--Alternating Current (AC)    28.345                        
     Electrical Systems on Boats.                                       
    E-9-1981--Recommended Practices and   28.345                        
     Standards Covering Direct Current                                  
     (DC) Electrical Systems on Boats.                                  
    H-2-1989--Ventilation of Boats Using  28.340                        
     Gasoline.                                                          
    H-25-1986--Portable Fuel Systems for  28.335                        
     Flammable Liquids.                                                 
    H-33-1989--Diesel Fuel Systems......  28.335                        
    P-1-1986--Installation of Exhaust     28.380                        
     Systems for Propulsion and                                         
     Auxiliary Engines.                                                 
International Maritime Organization                                     
 (IMO),                                                                 
  Publications Section, 4 Albert                                        
   Embankment, London SE1 7SR, England:                                 
    Resolution A.658(16) ``Use and        28.135                        
     Fitting of Retro-Reflective                                        
     Materials on Life-Saving                                           
     Appliances'', dated November 1989.                                 
National Fire Protection Association                                    
 (NFPA),                                                                
  1 Batterymarch Park, Quincy, MA 02269:                                
    70-1990--National Electrical Code     28.350; 28.370; 28.865        
     (also known as ANSI/NFPA 70-1990).                                 
    302-1989--Pleasure and Commercial     28.335; 28.340; 28.345        
     Motor Craft.                                                       
    17-1985--Dry Chemical Extinguishing   28.330                        
     Systems.                                                           
    17A-1986--Wet Chemical Extinguishing  28.330                        
     Systems.                                                           
Society of Automotive Engineers (SAE),                                  
  400 Commonwealth Drive, Warrendale, PA                                
   15096;                                                               
    SAE J 1475-1984--Hydraulic Hose       28.880                        
     Fitting for Marine Applications.                                   
    SAE J 1942-1989--Hose and Hose        28.405                        
     Assemblies for Marine Applications.                                
Underwriters Laboratories, Inc. (UL),                                   
  333 Pfingsten Rd., Northbrook, IL                                     
   60062:                                                               
    UL 217-1985--Single and Multiple      28.325; 28.830                
     Station Smoke Detectors.                                           

[[Page 284]]

                                                                        
    UL 710-1990--Exhaust Hoods for        28.330                        
     Commercial Cooking Equipment.                                      
                                                                        


[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 95-072, 60 FR 
50461, Sept. 29, 1995; CGD 94-025, 60 FR 54444, Oct. 24, 1995; CGD 96-
041, 61 FR 50726, Sept. 27, 1996]



Sec. 28.50  Definition of terms used in this part.

    Accepted organization means an organization which has been 
designated by the Commandant for the purpose of examining commercial 
fishing industry vessels under the provisions of Sec. 28.073.
    Accommodations include:
    (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.
    Aleutian trade means the transportation of cargo, including fishery 
related products, for hire on board a fish tender vessel to or from a 
place in Alaska west of 153 degrees West longitude and east of 172 
degrees East longitude if that place receives weekly common carrier 
service by water, to or from a place in the United States, except a 
place in Alaska.
    Approved means approved by the Commandant unless otherwise stated.
    Boundary lines means the lines set forth in 46 CFR part 7. In 
general, they follow the trend of the seaward high water shorelines and 
cross entrances to small bays, inlets and rivers. In some areas, they 
are along the 12 mile line which marks the seaward limits of the 
contiguous zone and in other areas they come ashore.
    Coast Guard Representative means a person employed at the cognizant 
U.S. Coast Guard Marine Safety Office or Marine Inspection Office, or an 
accepted organization, or a similarly qualified organization approved in 
examining commercial fishing industry vessels. Contact Chief, Vessel and 
Facility Operating Standards Division, Commandant (G-MSO-2), U.S. Coast 
Guard, 2100 Second Street S.W., Washington, DC 20593-0001 for a current 
list of accepted organizations or similarly qualified organizations.
    Coastal waters means coastal waters as defined in 33 CFR 175.105.
    Cold water means water where the monthly mean low water temperature 
is normally 59  deg.F (15  deg.C) or less.
    Commandant means the Commandant of the Coast Guard or an authorized 
representative of the Commandant of the Coast Guard.
    Commercial fishing industry vessel means a fishing vessel, fish 
tender vessel, or a fish processing vessel.
    Currently corrected means corrected with changes contained in all 
Notice to Mariners published by the Defense Mapping Agency Hydrographic/
Topographic Center.
    Custom engineered means, when referring to a fixed gas fire 
extinguishing system, a system that is designed for a specific space 
requiring individual calculations for the extinguishing agent volume, 
flow rate, and piping, among other factors, for the space.
    Documented vessel means a vessel for which a Certificate of 
Documentation has been issued under the provisions of 46 CFR part 67.
    Fish means finfish, mollusks, crustaceans, and all other forms of 
marine animal and plant life, except marine mammals and birds.
    Fish processing vessel means a vessel that commercially prepares 
fish or fish products other than by gutting, decapitating, gilling, 
skinning, shucking, icing, freezing, or brine chilling.
    Fish tender vessel means a vessel that commercially supplies, 
stores, refrigerates, or transports fish, fish products, or materials 
directly related to fishing or the preparation of fish to or from a 
fishing, fish processing or fish tender vessel or a fish processing 
facility.
    Fishing vessel means a vessel that commercially engages in the 
catching, taking, or harvesting of fish or an activity that can 
reasonably be expected to result in the catching, taking, or harvesting 
of fish.
    Gasoline as used in this part includes gasoline-alcohol blends and 
any other

[[Page 285]]

fuel having a flash point of 110  deg.F (43.3  deg.C) or lower.
    Length means the length listed on the vessel's Certificate of 
Documentation or Certificate of Number.
    Major conversion means a conversion of a vessel that--
    (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.
    Mile means a nautical mile.
    North Pacific Area means all waters of the North Pacific Ocean and 
Bering Sea north of 48 deg.30' north latitude including waters in 
contiguous bays, inlets, rivers, and sounds.
    Officer in Charge, Marine Inspection (OCMI) means an officer of the 
Coast Guard who commands a Marine Inspection Zone described in 33 CFR 
part 3 or an authorized representative of that officer.
    Open to the atmosphere means a space that has at least 15 square 
inches (9680 square millimeters) of open area directly exposed to the 
atmosphere for each cubic foot (0.0283 cubic meters) of net volume of 
the space.
    Operating station means the principal steering station on the vessel 
from which the vessel is normally navigated.
    Pre-engineered means, when referring to a fixed gas fire 
extinguishing system, a system that is designed and tested to be 
suitable for installation as a complete unit in a space of a set volume, 
without modification, regardless of the vessel on which installed.
    Similarly qualified organization means an organization which has 
been designated by the Commandant for the purpose of classing or 
examining commercial fishing industry vessels under the provisions of 
Sec. 28.76.
    Switchboard means an electrical panel which receives power from a 
generator, battery, or other electrical power source and distributes 
power directly or indirectly to all equipment supplied by the power 
source.
    Warm water means water where the monthly mean low water temperature 
is normally more than 59 deg. F. (15 deg. C.).
    Watertight means designed and constructed to withstand a static head 
of water without any leakage, except that ``watertight'' for the 
purposes of electrical equipment means enclosed so that equipment does 
not leak when a stream of water from a hose with a nozzle one inch (25.4 
millimeters) in diameter that delivers at least 65 gallons (246 liters) 
per minute is played on the enclosure from any direction from a distance 
of 10 feet (3 meters) for five minutes.
    Weather deck means the uppermost deck exposed to the weather to 
which a weathertight sideshell extends.
    Weathertight means that water will not penetrate into the unit in 
any sea condition.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 94-025, 60 FR 
54444, Oct. 24, 1995; CGD 96-041, 61 FR 50726, Sept. 27, 1996]



Sec. 28.70  Approved equipment and material.

    (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 Federal 
Register. Coast Guard publication COMDTINST M16714.3, ``Equipment Lists, 
Items Approved, Certificated or Accepted under Marine Inspection and 
Navigation Laws,'' lists approved equipment by type and manufacturer. 
COMDTINST M16714.3 may be obtained from the Superintendent of Documents, 
U.S. Government Printing Office, Washington, DC 20402. Each OCMI may be 
contacted for information concerning approved equipment.



Sec. 28.73  Accepted organizations.

    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;

[[Page 286]]

    (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.



Sec. 28.76  Similarly qualified organizations.

    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.



Sec. 28.80  Report of casualty.

    (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 to an individual that causes that individual to remain 
incapacitated for a period in excess of 72 hours.
    (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;

[[Page 287]]

    (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., P.O. Box 1964, New York, NY 10156-
0612.
    (2) [Reserved]

    Note: 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.



Sec. 28.90  Report of injury.

    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.



Sec. 28.95  Right of appeal.

    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.



                 Subpart B--Requirements For All Vessels



Sec. 28.100  Applicability.

    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.



Sec. 28.105  Lifesaving equipment--general requirements.

    (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 Sec. 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.



Sec. 28.110  Life preservers or other personal flotation devices.

    (a) Except as provided by Sec. 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 Sec. 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.

[[Page 288]]



                          Table 28.110.--Personal Flotation Devices and Immersion Suits                         
----------------------------------------------------------------------------------------------------------------
          Applicable waters                  Vessel type            Devices required        Other regulations   
----------------------------------------------------------------------------------------------------------------
Seaward of the Boundary Line and       Documented Vessel......  Immersion suit or        28.135; 25.25-9(a);    
 North of 32 deg.N or South of 32                                exposure suit.\1\        25.25-13; 25.25-15.   
 deg.S; and Lake Superior.                                                                                      
Coastal Waters on the West Coast of    All vessels............  ......do\1\............      Do.                
 the United States north of Point                                                                               
 Reyes, CA; Beyond Coastal Waters,                                                                              
 cold water; and Lake Superior.                                                                                 
All other waters (Includes all Great   40 feet (12.2 meters)    Type I, Type V           28.135; 25.25-5(e);    
 Lakes except Lake Superior).           or more in length.       commercial hybrid,       25.25-5(f); 25.25-    
                                                                 immersion suit, or       9(a); 25.25-13; 25.25-
                                                                 exposure suit.\2\        15.                   
                                       Less than 40 feet (12.2  Type I, Type II, Type        Do.                
                                        meters) in length.       III, Type V commercial                         
                                                                 hybrid, immersion                              
                                                                 suit, or exposure                              
                                                                 suit.\2\                                       
----------------------------------------------------------------------------------------------------------------
\1\ Until September 1, 1995, individuals weighing less than 44 pounds (196 Newtons) may substitute an approved  
  personal flotation device of the appropriate size for a required immersion suit or exposure suit.             
\2\ Certain Type V personal flotation devices are approved for substitution for Type I, II, or III personal     
  flotation devices when used in accordance with the conditions stated in the Coast Guard approval table.       


[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 88-079b, 57 
FR 34189, Aug. 3, 1992; CGD 95-012, 60 FR 48048, Sept. 18, 1995]



Sec. 28.115  Ring life buoys.

    (a) Except as provided in paragraph (b) of this section and 
Sec. 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.

               Table 28.115.--Throwable Flotation Devices               
------------------------------------------------------------------------
               Vessel length                      Devices required      
------------------------------------------------------------------------
Less than 16 feet (4.9 meters)............  None.                       
16 feet (4.9 meters) or more, but less      1 buoyant cushion, or ring  
 than 26 feet (7.9 meters).                  life buoy (Type IV PFD).   
26 feet (7.9 meters) or more, but less      1 ring life buoy approval   
 than 65 feet (19.8 meters).                 number starting with       
                                             160.009 or 160.050; orange;
                                             at least 24 inch (0.61     
                                             meters) size.              
65 feet (19.8 meters) or more.............  3 ring life buoys, approval 
                                             number 160.050; orange; at 
                                             least 24 inch (0.61 meters)
                                             size.                      
------------------------------------------------------------------------

    Note: 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.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 47679, Sept. 20, 1991; 56 
FR 49822, Oct. 1, 1991; CGD 95-012, 60 FR 48048, Sept. 18, 1995]



Sec. 28.120  Survival craft.

    (a) Except as provided in paragraphs (b) and (d) through (h) of this 
section, 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 a vessel with 
less than 4 individuals on board which operates within 12 miles of the 
coastline.
    (c) Except as provided by Sec. 28.305, compliance dates for the 
requirements for the number and type of survival craft in tables 
28.120(a), 28.120(b), and 28.120(c) are:
    (1) For a documented vessel that operates in the North Pacific Area, 
September 1, 1992;
    (2) For a documented vessel that operates in the Great Lakes or in 
the Atlantic Ocean north and east of a line drawn at a bearing 150 deg. 
true from

[[Page 289]]

Watch Hill Light, Rhode Island, September 1, 1993;
    (3) For each other documented vessel, September 1, 1994; and
    (4) For each other vessel, September 1, 1995.
    (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 
maintained in good and serviceable condition as required by table 
28.140, and it is 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 required.
    (f) An approved lifeboat may be substituted for any survival craft 
required by this section, provided it is arranged and equipped in 
accordance with part 94 of this chapter.
    (g) The capacity of an auxiliary craft carried on board a vessel 
which 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 36 feet in length which meets the positive 
flotation provisions of 33 CFR part 183 is exempt from the requirement 
for survival craft in paragraph (a) of this section for operation on the 
following waters:
    (1) Within 12 miles of the coastline, any waters; and
    (2) Rivers.

        Table 28.120 (a).--Survival Craft for Documented Vessels        
------------------------------------------------------------------------
                                                        Survival craft  
              Area                    Vessel type          required     
------------------------------------------------------------------------
Beyond 50 miles of coastline....  All...............  Inflatable        
                                                       liferaft with    
                                                       SOLAS A pack.    
Between 20-50 miles of            All...............  Inflatable        
 coastline, cold waters.                               liferaft with    
                                                       SOLAS B pack.    
Between 20-50 miles of            All...............  Inflatable        
 coastline, warm waters.                               liferaft.        
Beyond Boundary Line, within 20   All...............  Inflatable        
 miles of coastline, cold waters.                      liferaft.        
Beyond Boundary Line, within 20   All...............  Life float.       
 miles of coastline, warm waters.                                       
Inside Boundary Line, cold        36 feet (11         Inflatable buoyant
 waters; or Lakes, bays, sounds,   meters) or more     apparatus.       
 cold waters; or Rivers, cold      in length.                           
 waters.                                                                
    Do..........................  Less than 36 feet   None.             
                                   (11 meters) in                       
                                   length.                              
Inside Boundary Line, warm        All...............  None.             
 waters; or Lakes, bays, sounds,                                        
 warm waters; or Rivers, warm                                           
 waters.                                                                
Great Lakes, cold waters........  36 feet (11         Inflatable buoyant
                                   meters) or more     apparatus.       
                                   in length.                           
    Do..........................  Less than 36 feet   Buoyant apparatus.
                                   (11 meters) in                       
                                   length.                              
Great Lakes, beyond 3 miles of    All...............  Buoyant apparatus.
 coastline, warm waters.                                                
Great Lakes, within 3 miles of    All...............  None.             
 coastline, warm waters.                                                
------------------------------------------------------------------------

    Note: The hierarchy of survival craft in descending order is 
lifeboat, inflatable liferaft with SOLAS A pack, inflatable liferaft 
with SOLAS B pack, inflatable liferaft with coastal service pack, 
inflatable buoyant apparatus, life float, buoyant apparatus. A survival 
craft higher in the hierarchy may be substituted for any survival craft 
required in this table.

[[Page 290]]



 Table 28.120(b).--Survival Craft For Undocumented Vessels With Not More
                      Than 16 Individuals on Board                      
------------------------------------------------------------------------
                                                        Survival craft  
              Area                    Vessel type          required     
------------------------------------------------------------------------
Beyond 20 miles of coastline....  All...............  Inflatable buoyant
                                                       apparatus.       
Beyond Boundary Line, within 20   All...............  Inflatable buoyant
 miles of coastline, cold waters.                      apparatus.       
Beyond Boundary Line, within 20   All...............  Life float.       
 miles of coastline, warm waters.                                       
Inside Boundary Line, cold        36 feet (11         Buoyant apparatus.
 waters; or Lakes, bays, sounds,   meters) or more                      
 cold waters; or Rivers, cold      in length.                           
 waters.                                                                
  Do............................  Less than 36 feet   None.             
                                   (11 meters) in                       
                                   length.                              
Inside Boundary Line, warm        All...............  None.             
 waters; or Lakes, bays, sounds,                                        
 warm waters; or Rivers, warm                                           
 waters.                                                                
Great Lakes, cold waters........  All...............  Buoyant apparatus.
Great Lakes, beyond 3 miles of    All...............  Buoyant apparatus.
 coastline, warm waters.                                                
Great Lakes, within 3 miles of    All...............  None.             
 coastline, warm waters.                                                
------------------------------------------------------------------------

    Note: The hierarchy of survival craft in descending order is 
lifeboat, inflatable liferaft with SOLAS A pack, inflatable liferaft 
with SOLAS B pack, inflatable liferaft with coastal service pack, 
inflatable buoyant apparatus, life float, buoyant apparatus. A survival 
craft higher in the hierarchy may be substituted for any survival craft 
required in this table.

Table 28.120(c).--Survival Craft For Undocumented Vessels With More Than
                         16 Individuals on Board                        
------------------------------------------------------------------------
                                                        Survival craft  
              Area                    Vessel type          required     
------------------------------------------------------------------------
Beyond 50 miles of coastline....  All...............  Inflatable        
                                                       liferaft with    
                                                       SOLAS A pack.    
Between 20-50 miles of            All...............  Inflatable        
 coastline, cold waters.                               liferaft with    
                                                       SOLAS B pack.    
Between 20-50 miles of            All...............  Inflatable        
 coastline, warm waters.                               liferaft.        
Beyond Boundary Line, within 20   All...............  Inflatable        
 miles of coastline, cold water.                       liferaft.        
Beyond Boundary Line within 20    All...............  Life float.       
 miles of coastline, warm waters.                                       
Inside Boundary Line, cold        36 feet (11         Inflatable buoyant
 waters; or Lakes, bays, sounds,   meters) or more     apparatus.       
 cold waters; or Rivers, cold      in length.                           
 waters.                                                                
    Do..........................  Less than 36 feet   None.             
                                   (11 meters) in                       
                                   length.                              
Inside Boundary Line, warm        All...............  None.             
 waters; or Lakes, bays, sounds,                                        
 warm waters; or Rivers, warm                                           
 waters.                                                                
Great Lakes, cold waters........  36 feet (11         Inflatable buoyant
                                   meters) or more     apparatus.       
                                   in length.                           
    Do..........................  Less than 36 feet   Buoyant apparatus.
                                   (11 meters) in                       
                                   length.                              
Great Lakes, beyond 3 miles of    All...............  Buoyant apparatus.
 coastline, warm waters.                                                
Great Lakes, within 3 miles of    All...............  None.             
 coastline, warm waters.                                                
------------------------------------------------------------------------

    Note: The hierarchy of survival craft in descending order is 
lifeboat, inflatable liferaft with SOLAS A pack, inflatable liferaft 
with SOLAS B pack, inflatable liferaft with coastal service pack, 
inflatable buoyant apparatus, life float, buoyant apparatus. A survival 
craft higher in the hierarchy may be substituted for any survival craft 
required in this table.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 47679, Sept. 20, 1991; 56 
FR 49822, Oct 1, 1991]



Sec. 28.125  Stowage of survival craft.

    (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.

[[Page 291]]

    (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.



Sec. 28.130  Survival craft equipment.

    (a) General. Each item of survival craft equipment must be of good 
quality, effective for the purpose it is intended to serve, and secured 
to the craft.
    (b) Inflatable liferafts. Each inflatable liferaft must have one of 
the following equipment packs as shown by the markings on its container:
    (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) Other survival craft. A vessel must not carry survival craft 
other than inflatable liferafts, life floats, inflatable buoyant 
apparatus, or buoyant apparatus, such as lifeboats or rigid liferafts, 
unless the survival craft and launching equipment comply with the 
requirements for installation, arrangement, equipment, and maintenance 
contained in 46 CFR part 94.



Sec. 28.135  Lifesaving equipment markings.

    (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.

              Table 28.135.--Lifesaving Equipment Markings              
------------------------------------------------------------------------
                                             Markings Required          
                                 ---------------------------------------
              Item                                       Retroflective  
                                    Name of vessel         material     
------------------------------------------------------------------------
Wearable personal flotation       See Sec.            Type I or Type II.
 device (Type I, II, III, or       28.135(d).                           
 wearable Type V); Immersion                                            
 suit or exposure suit.                                                 
Ring life buoy..................  X.................  Type II.          
Inflatable liferaft.............  See note..........  See note.         
Inflatable buoyant apparatus....  See note..........  See note.         
Life float......................  X.................  Type II.          
Buoyant apparatus...............  X.................  Type II.          
Auxiliary craft.................  X.................  Type II.          
EPIRB...........................  X.................  Type II.          
------------------------------------------------------------------------

    Note: No marking other than that provided by the manufacturer and 
the servicing facility is required.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 49822, Oct. 1, 1991, as 
amended by CGD 95-012, 60 FR 48048, Sept. 18, 1995]



Sec. 28.140  Operational readiness, maintenance, and inspection of lifesaving equipment.

    (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) Except for an inflatable liferaft or an inflatable buoyant 
apparatus less than two years of age, each item of lifesaving equipment, 
including unapproved equipment, must be maintained and inspected in 
accordance with:
    (1) Table 28.140;

[[Page 292]]

    (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 at a facility specifically approved by the Commandant.
    (d) An escape route from a space where an individual may be employed 
or an accommodation space must not be obstructed.

                   Table 28.140.--Scheduled Maintenance and Inspection of Lifesaving Equipment                  
----------------------------------------------------------------------------------------------------------------
                                                        Interval                                                
                Item                ------------------------------------------------          Regulation        
                                             Monthly                Annually                                    
----------------------------------------------------------------------------------------------------------------
Inflatable wearable personal         ......................  Servicing.............  28.140                     
 flotation device (Type V                                                                                       
 commercial hybrid).                                                                                            
Personal flotation devices,          ......................  Inspect, clean and      28.140                     
 exposure suits and immersion suits.                          repair as necessary.                              
Buoyant apparatus and life floats..  ......................  Inspect, clean and      28.140                     
                                                              repair as necessary.                              
Inflatable liferaft................  ......................  Servicing.............  28.140                     
Inflatable buoyant apparatus.......  ......................  Servicing.............  28.140                     
Hydrostatic release................  ......................  Servicing.............  28.140                     
Disposable hydrostatic release.....  ......................  Replace on or before    28.140                     
                                                              expiration date.                                  
Undated batteries..................  ......................  Replace...............  28.140                     
Dated batteries \1\ and other items  ......................  Replace on or before    25.26-5, 28.140            
                                                              expiration date.                                  
EPIRB..............................  Test..................  ......................  25.26-5                    
----------------------------------------------------------------------------------------------------------------
\1\ Water activated batteries must be replaced whenever they are used.                                          


[CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 49822, Oct. 1, 1991]



Sec. 28.145  Distress signals.

    Except as provided by 28.305, each vessel must be equipped with the 
distress signals specified in table 28.145.

                     Table 28.145.--Distress Signals                    
------------------------------------------------------------------------
                   Area                           Devices required      
------------------------------------------------------------------------
Ocean, more than 50 miles from coastline..  3 parachute flares, approval
                                             series 46 CFR 160.136; plus
                                             6 hand flares, approval    
                                             series 46 CFR 160.121; plus
                                             3 smoke signals, approval  
                                             series 46 CFR 160.122.     
Ocean, 3-50 miles from the coastline; or    3 parachute flares, approval
 more than 3 miles from the coastline on     series 46 CFR 160.136, or  
 the Great Lakes.                            160.036; plus 6 hand       
                                             flares, approval series 46 
                                             CFR 160.121 or 160.021;    
                                             plus 3 smoke signals,      
                                             approval series 46 CFR     
                                             160.122, 160.022, or       
                                             160.037.                   
Coastal waters, excluding the Great Lakes;  Night visual distress       
 or within 3 miles of the coastline on the   signals consisting of one  
 Great Lakes.                                electric distress light,   
                                             approval series 46 CFR     
                                             161.013 or 3 approved      
                                             flares; plus Day visual    
                                             distress signals consisting
                                             of one distress flag,      
                                             approval series 46 CFR     
                                             160.072, or 3 approved     
                                             flares, or 3 approved smoke
                                             signals.\1\                
------------------------------------------------------------------------
\1\ If flares are carried, the same 3 flares may be counted toward      
  meeting both the day and night requirement.                           


[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended at 60 FR 48048, 
Sept. 18, 1995]



Sec. 28.150  Emergency Position Indicating Radio Beacons (EPIRBs).

    Each vessel must be equipped with an emergency position indicating 
radio beacon (EPIRB) as required by 46 CFR part 25, subpart 25.26.

    Note: 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.



Sec. 28.155  Excess fire detection and protection equipment.

    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.

[[Page 293]]



Sec. 28.160  Portable fire extinguishers.

    (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.

   Table 28.160.--Portable Fire Extinguishers for Vessels 65 Feet (19.8 
                        Meters) or More in Length                       
------------------------------------------------------------------------
             Space                Classification   Quantity and location
------------------------------------------------------------------------
Safety areas, communicating     A-II.............  1 in each main       
 corridors.                                         corridor not more   
                                                    than 150 feet (49.2 
                                                    meters) apart. (May 
                                                    be located in       
                                                    stairways.)         
Pilothouse....................  C-I..............  2 in vicinity of     
                                                    exit.               
Service spaces, galleys.......  B-II or C-II.....  1 for each 2,500     
                                                    square feet (269.1  
                                                    sq. meters) or      
                                                    fraction thereof    
                                                    suitable for hazards
                                                    involved.           
Paint lockers.................  B-II.............  1 outside space in   
                                                    vicinity of exit.   
Accessible baggage and          A-II.............  1 for each 2,500     
 storerooms.                                        square feet (269.1  
                                                    sq. meters) or      
                                                    fraction thereof    
                                                    located in the      
                                                    vicinity of exits,  
                                                    either inside or    
                                                    outside the spaces. 
Work shops and similar spaces.  A-II.............  1 outside the space  
                                                    in vicinity of exit.
Machinery spaces; Internal      B-II.............  1 for each 1,000     
 combustion propelling                              brake horsepower or 
 machinery.                                         fraction thereof but
                                                    not less than 2 nor 
                                                    more than 6.        
Electric propulsion motors or   C-II.............  1 for each propulsion
 generator unit of open type.                       motor generator     
                                                    unit.               
Auxiliary spaces..............  B-II.............  1 outside the space  
                                                    in the vicinity of  
                                                    exit.               
Internal combustion machinery.  B-II.............  1 outside the space  
                                                    in the vicinity of  
                                                    exit.               
Electric emergency motors or    C-II.............  1 outside the space  
 generators.                                        in the vicinity of  
                                                    exit.               
------------------------------------------------------------------------


[CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 47679, Sept. 20, 1991]



Sec. 28.165  Injury placard.

    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:

                                 Notice

                           Report All Injuries

    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.



 Subpart C--Requirements for Documented Vessels That Operate Beyond the 
 Boundary Lines or With More Than 16 Individuals On Board, or for Fish 
              Tender Vessels Engaged in the Aleutian Trade



Sec. 28.200  Applicability.

    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.

[CGD 94-025, 60 FR 54444, Oct. 24, 1995]



Sec. 28.205  Fireman's outfits and self-contained breathing apparatus.

    (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.

[[Page 294]]

    (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.



Sec. 28.210  First aid equipment and training.

    (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) First aid and cardiopulmonary resuscitation (CPR) course 
certification. Certification in first aid and CPR must be as described 
in this paragraph.
    (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 
Sec. 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 
Sec. 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 in both first aid 
and CPR may be counted for both requirements.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 95-012, 60 FR 
48048, Sept. 18, 1995]



Sec. 28.215  Guards for exposed hazards.

    (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.



Sec. 28.225  Navigational information.

    (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, Defense Mapping Agency Hydrographic/Topographic 
Center, 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 published by the National Ocean Service; and
    (ii) Tidal current tables published by the National Ocean Service, 
or river current publication issued by the U.S.

[[Page 295]]

Army 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.



Sec. 28.230  Compasses.

    Each vessel must be equipped with an operable magnetic steering 
compass with a compass deviation table at the operating station.



Sec. 28.235  Anchors and radar reflectors.

    (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.



Sec. 28.240  General alarm system.

    (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 \1/2\ inch (13 millimeters) high 
as follows:

                                Attention

    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 section 
and can be activated from the operating station.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 95-012, 60 FR 
48048, Sept. 18, 1995]



Sec. 28.245  Communication equipment.

    (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

[[Page 296]]

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.

    Note: 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 Sec. 28.375.



Sec. 28.250  High water alarms.

    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.



Sec. 28.255  Bilge pumps, bilge piping, and dewatering systems.

    (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

[[Page 297]]

2 inches (51 millimeters) of water depth per minute.
    (e) Except for a fire pump required by Sec. 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.



Sec. 28.260  Electronic position fixing devices.

    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.



Sec. 28.265  Emergency instruction.

    (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:

``Mayday--Mayday--Mayday''

    (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

[[Page 298]]

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 Guard and other vessels in the vicinity; and
    (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.



Sec. 28.270  Instruction, drills, and safety orientation.

    (a) Drills and instruction. The master or individual in charge of 
each vessel must ensure that drills are conducted and instruction is 
given to each individual on board at least once each month. Instruction 
may be provided in conjunction with drills or at other times and places 
provided it ensures that each individual is familiar with their duties 
and their responses to at least the following contingencies:
    (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 affects of unintentional flooding;
    (5) Launching survival craft and recovering lifeboats and rescue 
boats;

[[Page 299]]

    (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) Participation in drills. Drills must be conducted on board the 
vessel as if there were an actual emergency and must include 
participation by all individuals on board, breaking out and using 
emergency equipment, testing of all alarm and detection systems, donning 
protective clothing, and donning immersion suits, if the vessel is so 
equipped.
    (c) Training. No individual may conduct the drills or provide the 
instructions required by this section unless that individual has been 
trained in the proper procedures for conducting the activity. An 
individual licensed for operation of inspected vessels of 100 gross tons 
or more need not have additional training to comply with this 
requirement.
    (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) Safety orientation. The master or individual in charge of a 
vessel must ensure that a safety orientation is given to each individual 
on board that has not received the instruction and has not participated 
in the drills required by paragraph (a) of this section before the 
vessel may be operated.
    (f) The safety orientation must explain the emergency instructions 
required by Sec. 28.265 and cover the specific evolutions listed in 
paragraph (a) of this section.

    Note: The individual conducting the drills and instruction need not 
be the master, individual in charge of the vessel, or a member of the 
crew.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 95-012, 60 FR 
48048, Sept. 18, 1995]



Subpart D--Requirements for Vessels Which Have Their Keel Laid or Are at 
  a Similar Stage of Construction on or After or Which Undergo a Major 
 Conversion Completed on or After September 15, 1991, and That Operate 
                 With More Than 16 Individuals on Board



Sec. 28.300  Applicability and general requirements.

    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.



Sec. 28.305  Lifesaving and signaling equipment.

    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 Secs. 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.



Sec. 28.310  Launching of survival craft.

    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.



Sec. 28.315  Fire pumps, fire mains, fire hydrants, and fire hoses.

    (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.

[[Page 300]]

    (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) Fire main, hydrants, hoses and nozzles.
    (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 \5/8\ inch (16 millimeters) nominal diameter, be of 
good commercial grade and be fitted with a nozzle of corrosion resistant 
material capable of providing a solid stream and a spray pattern.
    (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.



Sec. 28.320  Fixed gas fire extinguishing systems.

    (a) Requirements for vessels 79 feet (24 meters) or more in length. 
A vessel 79 feet (24 meters) or more in length must be fitted with a 
fixed gas fire extinguishing system in the following enclosed spaces:
    (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) System types and alternatives.
    (1) A pre-engineered fixed gas fire extinguishing system may only be 
installed in a normally unoccupied machinery space, a paint locker, or a 
space containing flammable liquid stores, which has a gross volume of 
not more than 1200 cubic feet (42.4 cubic meters).
    (2) A fixed gas fire extinguishing system, which is capable of 
automatic discharge upon heat detection, may only be installed in a 
normally unoccupied space with a gross volume of not more than 6000 
cubic feet (21.2 cubic meters).
    (3) A space with a gross volume exceeding 6000 cubic feet (21.2 
cubic meters) must be fitted with a manually actuated and alarmed, fixed 
gas fire extinguishing system.
    (c) General requirements.
    (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) Pre-engineered fixed gas fire extinguishing systems.
    (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;

[[Page 301]]

    (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.



Sec. 28.325  Fire detection systems.

    (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.''



Sec. 28.330  Galley hood and other fire protection equipment.

    (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.



Sec. 28.335  Fuel systems.

    (a) Applicability. Except for the components of an outboard engine 
or portable bilge pump, each vessel must meet the requirements of this 
section.
    (b) Portable fuel systems. Portable fuel systems including portable 
tanks and related fuel lines and accessories are prohibited except where 
used for outboard engines or portable bilge pumps. The design, 
construction, and stowage of portable tanks and related fuel lines and 
accessories must meet the requirements of ABYC H-25.
    (c) Fuel restrictions. Except for outboard engines, the use of fuel 
other than bunker C or diesel is prohibited. An installation using 
bunker C must comply with the requirements of subchapter F of this 
chapter.
    (d) Vent pipes for integral fuel tanks. Each integral fuel tank must 
meet the requirements of this paragraph.
    (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) Fuel piping. Except as permitted in paragraph (e)(1) and (e)(2) 
of this section, each fuel line must be seamless and must be of steel, 
annealed copper, nickel-copper, or copper-nickel. Each fuel line must 
have a wall thickness of not less than that of 0.035 inch (0.9 
millimeters) except that:
    (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 serrations of the 
mating spud, pipe, or hose fitting.
    (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

[[Page 302]]

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).



Sec. 28.340  Ventilation of enclosed engine and fuel tank spaces.

    (a) Applicability. Each vessel with a gasoline outboard engine or 
gasoline storage tank must comply with the requirements of this section.
    (b) Ventilation of spaces containing gasoline. Each space that 
contains a gasoline engine, a gasoline storage tank, or gasoline piping 
connected to an integral gasoline tank must be open to the atmosphere 
and so arranged as to prevent the entrapment of vapors or be ventilated 
by a mechanical exhaust system with a nonsparking fan. The fan motor 
must comply with 46 CFR 111.105-23.
    (c) Alternative standards. A vessel less than 65 feet in length with 
ventilation installations in accordance with NFPA 302, chapter 2, 
section 2-2, or ABYC H-2 and 33 CFR part 183, subpart K, will be 
considered as meeting the requirements of this section.



Sec. 28.345  Electrical standards for vessels less than 79 feet (24 meters) in length.

    (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 
Secs. 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 Secs. 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 
Sec. 28.370.



Sec. 28.350  General requirements for electrical systems.

    (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.



Sec. 28.355   Main source of electrical power.

    (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 these loads:
    (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.

[[Page 303]]



Sec. 28.360   Electrical distribution systems.

    (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.



Sec. 28.365   Overcurrent protection and switched circuits.

    (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.



Sec. 28.370   Wiring methods and materials.

    (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.



Sec. 28.375   Emergency source of electrical power.

    (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;

[[Page 304]]

    (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.

[CGD 88-079; 56 FR 40393, Aug. 14, 1991; 56 FR 49822, Oct. 1, 1991]



Sec. 28.380  General structural fire protection.

    (a) Fire hazards to be minimized. Each vessel must be constructed so 
as to minimize fire hazards insofar as is reasonable and practicable.
    (b) Combustibles insulated from heated surfaces. An internal 
combustion engine exhaust, galley uptake, or similar source of ignition 
must be kept clear of and suitably insulated from combustible material. 
A dry exhaust system for an internal combustion engine on a wooden or 
fiber reinforced plastic vessel must be installed in accordance with 
ABYC P-1.
    (c) Separation of machinery and fuel tank spaces from accommodation 
spaces.
    (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) Paint and flammable liquid lockers. Each vessel carrying paint 
and flammable liquids must be equipped with a steel or a steel lined 
storage locker.
    (e) Insulation. Except as provided in paragraphs (e)(1) and (e)(2) 
of this section, insulation must be noncombustible.
    (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) Vapor barrier. Where insulation of any type is used in spaces 
where flammable and combustible liquids or vapors are present, e.g., 
machinery spaces and paint lockers, a vapor barrier which covers the 
insulation must be provided.
    (g) Paint. Nitrocellulose or other highly flammable or noxious fume 
producing paints or lacquers must not be used on the vessel.
    (h) Mattresses. Polyurethane foam mattresses are prohibited.

    Note: 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) Fiber reinforced plastic. When the hull, a deck, deckhouse, or 
superstructure of a vessel is partially or completely constructed of 
fiber reinforced plastic, the resin used must be fire retardant.
    (j) Cooking areas. Vertical or horizontal surfaces within 3 feet 
(0.91 meters) of cooking appliances must be composed of noncombustible 
material or covered by noncombustible material. Curtains, draperies, or 
free hanging fabrics are not permitted within 3 feet (1 meter) of 
cooking appliances.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 49822, Oct. 1, 1991]



Sec. 28.385  Structural fire protection for vessels that operate with more than 49 individuals on board.

    (a) Applicability. Each vessel that operates with more than 49 
individuals on board must comply with the requirements of this section 
in addition to the requirements of Sec. 28.380.
    (b) Construction. The hull, structural bulkheads, columns and 
stanchions must be composed of steel. Superstructures and deckhouses 
must be constructed of noncombustible material.

[[Page 305]]

    (c) Protection of accommodation spaces. A bulkhead or deck 
separating an accommodation space from a control station, machinery 
space, cargo space, or service space must be constructed of 
noncombustible material.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 49822, Oct. 1, 1991]



Sec. 28.390  Means of escape.

    (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.



Sec. 28.395  Embarkation stations.

    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.



Sec. 28.400  Radar and depth sounding devices.

    (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.



Sec. 28.405  Hydraulic equipment.

    (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.

[[Page 306]]



Sec. 28.410  Deck rails, lifelines, storm rails, and hand grabs.

    (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\1/2\ inches (1 meter) from the deck, except, where this height would 
interfere with the normal operation of the vessel, a lesser height may 
be substituted.
    (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\1/2\ inches (1 meter), whichever is less.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 49822, Oct. 1, 1991]



                          Subpart E--Stability



Sec. 28.500  Applicability.

    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 Sec. 28.501 of this subpart; or
    (c) Has been substantially altered on or after September 15, 1991.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 47679, Sept. 20, 1991, as 
amended by CGD 88-079, 57 FR 364, Jan. 6, 1992]



Sec. 28.501  Substantial alterations.

    (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 Sec. 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 inches (51 millimeters) compared to the original lightweight 
value.
    (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:

[[Page 307]]

    (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.



Sec. 28.505  Vessel owner's responsibility.

    (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.



Sec. 28.510  Definition of stability terms.

    Downflooding means the entry of seawater through any opening into 
the hull or superstructure of an undamaged vessel due to heel, trim, or 
submergence of the vessel.
    Downflooding angle means the static angle from the intersection of 
the vessel's centerline and the waterline in calm water to the first 
opening that cannot be closed weathertight and through which 
downflooding can occur.
    Flush deck means a continuous weather deck located at the uppermost 
sheer line of the hull.
    Forward perpendicular means a vertical line corresponding to the 
intersection of the forward side of the vessel's stem and the vessel's 
waterline at the vessel's deepest operating draft.
    Open boat means a vessel not protected from entry of water by means 
of a complete deck, or by a combination of partial weather deck and 
superstructure which is seaworthy for the waters upon which the vessel 
operates.
    Protected waters means sheltered waters presenting no special 
hazards such as most rivers, harbors, lakes, and similar waters as 
determined by the OCMI.
    Qualified individual means an individual or an organization with 
formal training in and experience in matters dealing with naval 
architecture calculations.
    Substantially altered means the vessel is physically altered in a 
manner that affects the vessel's stability and includes:
    (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.
    Well deck means a weather deck fitted with solid bulwarks that 
impede the drainage of water over the sides or an exposed recess in the 
weather deck extending one-half or more of the length of the vessel.



Sec. 28.515  Submergence test as an alternative to stability calculations.

    (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

[[Page 308]]

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 deg.;
    (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 deg. 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 paragraph (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.
Sec. 28.520  [Reserved]
Sec. 28.525  [Reserved]



Sec. 28.530  Stability instructions.

    (a) Intent. The intent of this section is to ensure that vessel 
masters and individuals in charge of vessels are provided with enough 
stability information to allow them to maintain their vessel in a 
satisfactory stability condition. The rules provide maximum flexibility 
for owners and qualified individuals to determine how this information 
is conveyed, taking into consideration decisions by operating personnel 
must be made quickly and that few operating personnel in the commercial 
fishing industry have had specialized training in stability. Therefore, 
stability instructions should take into account the conditions a vessel 
may reasonably be expected to encounter and provide simple guidance for 
the operating personnel to deal with these situations.
    (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:

[[Page 309]]

    (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.



Sec. 28.535   Inclining test.

    (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 Standard F 1321-90, with the exception of Annexes A and B, 
may be used as guidance for any inclining test or deadweight survey 
conducted under this section.



Sec. 28.540   Free surface.

    (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.



Sec. 28.545   Intact stability when using lifting gear.

    (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);

[[Page 310]]

    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 Sec. 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 deg. (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 deg. (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 
Sec. 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).



Sec. 28.550   Icing.

    (a) Applicability. Each vessel that operates north of 42 deg. North 
latitude between November 15 and April 15 or south of 42 deg. South 
latitude between April 15 and November 15 must meet the requirements of 
this section.
    (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 deg.30' North latitude or south of 66 deg. 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 deg. North but 
south of 66 deg.30' North latitude or south of 42 deg. South but north 
of 66 deg. 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.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 47679, Sept. 20, 1991]



Sec. 28.555   Freeing ports.

    (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 7.6 plus 0.115 times the length of bulwark, 
in feet, for area in square feet (0.7 plus 0.035 times the length of the

[[Page 311]]

bulwark, in meters, for area in square meters).
    (d) Except as provided in paragraphs (e) through (h) of this 
section, for bulwarks which exceed 66 feet (20 meters) in length, the 
aggregate clear area of freeing ports on each side of the vessel must 
not be less than 0.23 times the length of the bulwark in feet (0.07 
times the length of the bulwark in meters, for area in square meters).
    (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.



Sec. 28.560  Watertight and weathertight integrity.

    (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 be fitted with a means to ensure the opening can be 
closed weathertight. This means of closing must be operable from a 
location which is outside the space containing the opening.



Sec. 28.565  Water on deck.

    (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;

[[Page 312]]

    (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 deg. (0.70 radians) of heel or the 
downflooding angle.

[[Page 313]]

[GRAPHIC] [TIFF OMITTED] TC01FE91.068



[[Page 314]]



Sec. 28.570  Intact righting energy.

    (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 deg. (0.52 radians);
    (3) A maximum righting arm that occurs at an angle of heel not less 
than 25 deg. (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 deg. (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 deg. (0.52 
radians);
    (6) An area under each righting arm curve of at least 5.6 foot-
degrees (0.030 meter-radians) between 30 deg. (0.52 radians) and the 
lesser of 40 deg. (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 deg. (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 deg. (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 Sec. 170.173(c) of 
this chapter, provided that righting arms are positive to an angle of 
heel of not less than 50 deg. (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.



Sec. 28.575  Severe wind and roll.

    (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, Lw in figure 28.575 of this 
chapter, must be calculated by the following formula:

0.00216En(Vn2AnZn)/W,

where:
En=series summation notation where n varies from 1 to the number of 
          elements in the series;
Vn=S[0.124LN(0.3048hn)+0.772], in feet per second 
          S[0.127LN(hn)+0.772], in meters per second and is the 
          wind speed for profile element ``n'' on a vessel;
    S=64 (19.5, if metric units are used) for a vessel that operates on 
protected waters; or 85.3 (26, if metric units are used) for a vessel 
that operates on waters other than protected waters;
    LN=natural logarithm;
    hn=the vertical distance from the centroid of area An to 
the waterline for profile element n, in feet (meters);
An=projected lateral area for profile element n, in square feet 
          (square meters);
Zn=the vertical distance between the centroid of An and a 
          point at the center of the underwater lateral area or a point 
          at approximately one-half of the draft, for profile element n, 
          in feet; and
W=displacement of the loaded vessel, in pounds (Newtons).

    (c) The angle of roll to windward, A1, is measured from the 
equilibrium angle, Ael, and is calculated by the following formula:

A1=109kXY[Square root of (rs)], in degrees,

where:
    s,X,Y=factors from table 28.575;
    r=0.73+0.6 Zg/d;
    Zg=distance between the center of gravity and the waterline (+ 
above, - below), in feet (meters);
    k=1.0 for round bilged vessels with no bilge keels or bar keels; 0.7 
for vessels with sharp bilges, or the value from table 28.575 for 
vessels with a bar keel, bilge keels, or both;
    B=molded breadth of the vessel, in feet (meters);

[[Page 315]]

    d=mean molded draft of the vessel, in feet (meters);
    Cb=block coefficient;
    Ak=aggregate area of bilge keels, the area of the lateral 
projection of a bar keel, or the sum of these areas, in square feet 
(square meters);
    L=length, in feet (meters);
    T=1.108 BC/square root of GM, in seconds; 2.0 BC/square root of GM, 
if metric units are used;
    GM=metacentric height corrected for free surface effects, as 
explained in Sec. 28.540, in feet (meters);
    C=0.373+0.023(B/d)-0.000131L or 0.373+0.023(B/D)-0.00043L, if metric 
units are used.

    (d) The angle of equilibrium, Ael in figure 28.575, is 
calculated by determining the lowest angle at which the gust wind 
heeling arm, Lw, is equal to the righting arm.
    (e) The area ``b'' in figure 28.575 must be measured to the least of 
the following:
    (1) The angle of downflooding, (Af);
    (2) The angle of the second intercept, Ae2 in figure 28.575, of 
the wind heeling arm curve, Lw in figure 28.575, and the righting 
arm curve; or
    (3) A heel angle of 50 deg. (0.87 radians).
    (f) The angle of equilibrium, Ael in figure 28.575, must not 
exceed 14 deg. (0.24 radians).
    (g) Area ``b'' in figure 28.575 must not be less than area ``a'' in 
figure 28.575.

                      Tables 28.575.--Roll Factors                      
------------------------------------------------------------------------
                B/d                                   X                 
------------------------------------------------------------------------
                2.4                                  1.0                
                2.5                                  0.98               
                2.6                                  0.96               
                2.7                                  0.95               
                2.8                                  0.93               
                2.9                                  0.91               
                3.0                                  0.90               
                3.1                                  0.88               
                3.2                                  0.86               
                3.3                                  0.84               
                3.4                                  0.82               
                3.5                                  0.80               
------------------------------------------------------------------------
Note. Intermediate values must be obtained by interpolation.            


------------------------------------------------------------------------
                 Cb                                   Y                 
------------------------------------------------------------------------
                0.45                                 0.75               
                0.50                                 0.82               
                0.55                                 0.89               
                0.60                                 0.95               
                0.93                                 0.97               
                0.70                                 1.0                
------------------------------------------------------------------------
Note. Intermediate values must be obtained by interpolation.            


------------------------------------------------------------------------
             100Ak/(LB)                               k                 
------------------------------------------------------------------------
                0                                    1.0                
                1.0                                  0.98               
                1.5                                  0.95               
                2.0                                  0.88               
                2.5                                  0.79               
                3.0                                  0.74               
                3.5                                  0.72               
                4.0                                  0.70               
------------------------------------------------------------------------
Note. Intermediate values must be obtained by interpolation.            


------------------------------------------------------------------------
                 T                                    S                 
------------------------------------------------------------------------
                  6                                 0.100               
                  7                                 0.098               
                  8                                 0.093               
                 12                                 0.065               
                 14                                 0.053               
                 16                                 0.044               
                 18                                 0.038               
                 20                                 0.035               
------------------------------------------------------------------------
Note: Intermediate values must be obtained by interpolation.            


[[Page 316]]

[GRAPHIC] [TIFF OMITTED] TC01FE91.069

[56 FR 40393, Aug. 14, 1991, CGD 88-079; 56 FR 47679, Sept. 20, 1991, 
CGD 88-079, as amended by CGD 95-072, 60 FR 50461, Sept. 29, 1995]



Sec. 28.580  Unintentional flooding.

    (a) Applicability. Except for an open boat that operates on 
protected waters and as provided by paragraph (i) of this section, each 
vessel built on or after September 15, 1991 must comply with the 
requirements of this section.
    (b) Collision bulkhead. A watertight collision bulkhead must be 
fitted and must meet the following:
    (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) Extent and character of damage. Except where a lesser extent of 
damage or a smaller penetration would be more disabling, in evaluating 
the damage

[[Page 317]]

stability of a vessel the following penetration must be assumed:
    (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) Survival conditions. A vessel is presumed to survive the assumed 
damage and unintentional flooding described in paragraphs (d) and (e) of 
this section if:
    (1) The angle of equilibrium after flooding does not exceed 25 deg. 
(0.44 radians); and
    (2) Through an angle of 20 deg. (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) Permeability. The permeability of each space must not be less 
than the following:
    (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) Buoyancy of superstructure. A deckhouse or a superstructure may 
be included in the buoyant volume of a vessel provided it is:
    (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.

[[Page 318]]

[GRAPHIC] [TIFF OMITTED] TC01FE91.070



[CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 47679, Sept. 20, 1991, as 
amended by CGD 88-079, 57 FR 364, Jan. 6, 1992]

[[Page 319]]

Sec. 28.590  [Reserved]
Sec. 28.600  [Reserved]
Sec. 28.610  [Reserved]
Sec. 28.620  [Reserved]
Sec. 28.630  [Reserved]



                    Subpart F--Fish Processing Vessel



Sec. 28.700  Applicability.

    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.



Sec. 28.710  Examination and certification of compliance.

    (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.



Sec. 28.720  Survey and classification.

    (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.



                  Subpart G--Aleutian Trade Act Vessels

    Source: CGD 94-025, 60 FR 54444, Oct. 24, 1995, unless otherwise 
noted.



Sec. 28.800  Applicability and general requirements.

    (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.



Sec. 28.805  Launching of survival craft.

    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

[[Page 320]]

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.



Sec. 28.810  Deck rails, lifelines, storm rails and hand grabs.

    (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\1/2\ inches) from the deck, except where this height 
will interfere with the normal operation of the vessel, a lesser height 
may be substituted.
    (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.



Sec. 28.815  Bilge pumps, bilge piping, and dewatering systems.

    Instead of meeting the requirements of Sec. 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.

[[Page 321]]



Sec. 28.820  Fire pumps, fire mains, fire hydrants, and fire hoses.

    (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 available for use on the 
fire system at all times.
    (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 Sec. 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\1/2\'') diameter 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.



Sec. 28.825  Excess fire detection and protection equipment.

    Instead of meeting the requirements of Sec. 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:

``HALON FIRE SYSTEM''
``CARBON DIOXIDE FIRE SYSTEM'' or

[[Page 322]]

``FOAM FIRE SYSTEM'', as the case may be;

    (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.



Sec. 28.830  Fire detection system.

    (a) Each accommodation space must be equipped with an independent 
modular smoke detector or a smoke actuated fire detecting unit installed 
in accordance with Sec. 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''.



Sec. 28.835  Fuel systems.

    (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

[[Page 323]]

lines having an open flame or having parts operating above 260 deg. C 
(500 deg. 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.



Sec. 28.840  Means for stopping pumps, ventilation, and machinery.

    All electrically driven fuel oil transfer pumps, fuel oil unit and 
service pumps, and ventilation fans shall be fitted with remote controls 
from a readily accessible position outside of the space concerned so 
that they may be stopped in the event of fire occurring in the 
compartment in which they are located. These controls shall be suitably 
protected against accidental operation or tampering and shall be 
suitably marked.



Sec. 28.845  General requirements for electrical systems.

    (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 Sec. 111.105 of this chapter.
    (e) Metallic enclosures and frames of electrical equipment must be 
grounded.



Sec. 28.850  Main source of electrical power.

    (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.



Sec. 28.855  Electrical distribution systems.

    (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.



Sec. 28.860  Overcurrent protection and switched circuits.

    (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.

[[Page 324]]

    (g) A separate circuit with overcurrent protection at the main 
distribution panel or switchboard must be provided for each radio 
installation.



Sec. 28.865  Wiring methods and materials.

    (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 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. Existing cables and wires 
may remain as routed; however, any replacement wiring, new cabling and/
or alterations must be routed as specified above.
    (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 Sec. 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.



Sec. 28.870  Emergency source of electrical power.

    (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.



Sec. 28.875  Radar, depth sounding, and auto-pilot.

    (a) Each vessel must be fitted with a general marine radar system 
for surface navigation with a radar screen

[[Page 325]]

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 Sec. 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 made by, or under the supervision of, the officer of the watch.



Sec. 28.880  Hydraulic equipment.

    (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.



Sec. 28.885  Cargo gear.

    (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,

[[Page 326]]

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.



Sec. 28.890  Examination and certification of compliance.

    (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.



Sec. 28.895  Loadlines.

    (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.



Sec. 28.900  Post accident inspection.

    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.



Sec. 28.905  Repairs and alterations.

    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.

[[Page 327]]

                                  INDEX

                      SUBCHAPTER C--UNINSPECTED VESSELS

  Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept current by the Coast Guard, Department of 
Transportation.
                                                      Section or Subpart

                                 A

Accidents, action required after
                                                                 26.03-5
Alarms:
High water........................................................28.250
General...........................................................28.240
Anchors
                                                                  28.235
Application of regulations
                           28.30, 28.100, 28.200, 28.300, 28.500, 28.700
Approved, definition
                                                                 24.10-1
Approved equipment & material
                                                                   28.70
Assignment of functions
                                                                 24.01-5
Authority for regulations
                                                         24.01-10, 28.10

                                 B

Backfire flame control
                                                                   25.35
Barge, definition
                                                                 24.10-2
Bilge pumps
                                                                  28.255
Boarding
                                                                   26.15
Boiler inspection
                                                                 24.20-1

                                 C

Canadian pleasure craft temporarily using navigable waters of the 
United States
                                                                 24.15-5
Carburetor backfire flame arrester (See Flame arrester)
Carrying freight for hire, definition
                                                                 24.10-5
Carrying passengers for hire, definition
                                                                 24.10-3
Coast Guard District Commander, definition
                                                                 24.10-9
Commandant, definition
                                                                 24.10-7
Communication equipment
                                                          28.245, 28.375
Compasses
                                                                  28.230
Cushion, buoyant (see Life preserver)

                                 D

Deck rails
                                                                  28.410
Definition of terms
                                                            24.10, 28.50
Depth-sounding device
                                                                  28.400
Distress Signals
                                                                  28.145
Drills and instruction
                                                                  28.270

                                 E

Electrical power:
Distribution system...............................................28.360
Emergency source..................................................28.375
General requirements..............................................28.350
Main source.......................................................28.355

[[Page 328]]

Overcurrent protection............................................28.365
Standards for vessels less than 79 ft.............................28.345
Wiring methods and materials......................................28.370
Electronic position fixing devices
                                                                  28.260
Embarkation station
                                                                  28.395
Emergency checkoff list
                                                                 26.03-2
Emergency instructions
                                                                  28.265
EPIRBs
                                                           25.26, 28.150
Equivalents
                                                                   24.15
Escape, means of
                                                                  28.390

                                 F

Fire detection systems
                                                                  28.325
Fines and penalties
                                                                   26.10
Fireman's outfit
                                                                  28.205
Fire protection equipment:
Application......................................................25.30-1
Galley hood.......................................................28.330
General provisions.......................................25.30-5, 28.160
Excess equipment..................................................28.155
Portable fire extinguishers.............................25.30-10, 28.160
Fire pumps
                                                                  28.315
First aid equipment and training
                                                                  28.210
Fixed fire extinguishing system:
Approved type required...........................................25.30-5
Details.................................................25.30-15, 28.320
Special provisions when installed...............................25.30-20
Flame arrester:
Required...........................................................25.35
Freight, carrying for hire, definition
                                                                 24.10-5
Fuel systems
                                                                  28.335

                                 G

General alarm
                                                                  28.240
Guards for exposed hazards
                                                                  28.215

                                 H

Hand portable fire extinguisher:
Approved type required....................................25.30-5, 28.70
Classification..................................................25.30-10
Number required.........................................25.30-20, 28.160
Headquarters, definition
                                                                24.10-11
Hydraulic equipment
                                                                  28.405

                                 I

International voyage:
Requirement for vessels on.........................................24.05
Definition......................................................24.10-13
Instructions and drills
                                                                  28.270
Immersion suits
                                                           25.25, 28.110
Injury placard
                                                                  28.165

                                 L

Lifelines
                                                                  28.410
Life preserver:

[[Page 329]]

Approved type required...................................25.25-5. 28.105
Condition.......................................................25.25-11
Marking..................................................25.25-7, 28.135
Number required..........................................25.25-5, 28.110
Storage...............................................25.25-9, 28.110(b)
Lifesaving equipment:
General requirements...............................25.25, 28.105, 28.305
Maintenance.......................................................28.140
Markings...................................................25.25, 28.135

                                 M

Machinery space, ventilation of
                                                           25.40, 28.340
Marine engineering requirements
                                                                 24.20-1
Marine inspector, definition
                                                                24.10-15
Motorboat:
Definition......................................................24.10-17
Included under term vessel......................................24.10-17
Motor vessel, definition
                                                                24.10-19

                                 N

Navigation information
                                                                  28.225

                                 O

Oceanographic vessel, definition
                                                                24.10-20
Officer in Charge, Marine Inspection, definition
                                                                24.10-21
Operator's license, exhibition of
                                                                   26.20

                                 P

Passenger:
Carrying for hire, definition....................................24.10-3
Definition......................................................24.10-23

                                 R

Radar equipment
                                                                  28.400
Radar reflectors
                                                                  28.235
Regulations:
Authority for and purpose...................................24.01, 28.10
Ring Life Buoys
                                                      25.25-5(d), 28.115

                                 S

Safety orientation
                                                         26.03-1, 28.270
Self contained breathing apparatus
                                                                  28.205
Semiportable fire extinguishing system:
Approved type required...........................................25.30-5
Classification..................................................25.30-10
Number required.........................................25.30-20, 28.160
Signaling equipment
                                                                  28.305
Signaling lights
                                                                26.03-10
Special operating requirements
                                                                   26.03
Stability instructions
                                                                  28.530
Storm rails
                                                                  28.410
Structural fire protection:
General...........................................................28.380
Vessels with more than 49 persons.................................28.385

[[Page 330]]

Survival Craft
Equipment.........................................................28.130
Launching.........................................................28.310
Stowage...........................................................28.125
Type and number required..........................................28.120

                                 T

Tank space, ventilation of
                                                         25.40-1, 28.340

                                 V

Ventilation of tanks and engine space
                                                         25.40-1, 28.340
Vessel, definition
                                                                24.10-27
Vest, work
                                                                   26.30
Approved unicellular plastic foam................................26.30-1
Stowage.........................................................26.30-10
Use..............................................................26.30-5
Violations, procedures for
                                                                 26.10-5

[[Page 331]]

      



                       SUBCHAPTER D--TANK VESSELS





PART 30--GENERAL PROVISIONS--Table of Contents




    Note: 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.

                      Subpart 30.01--Administration

Sec.
30.01-1  Purpose of regulations.
30.01-2  OMB control numbers assigned pursuant to the Paperwork 
          Reduction Act.
30.01-3  Assignment of functions--TB/ALL.
30.01-5  Application of regulations--TB/ALL.
30.01-6  Application to vessels on an international voyage.
30.01-7  Ocean or unlimited coastwise vessels on inland and Great Lakes 
          Routes--TB/OC.
30.01-10  Application of regulations governing alterations or repairs--
          TB/ALL.
30.01-15  Effective date of regulations--TB/ALL.
30.01-20  Portable tanks--interpretive rulings--TB/ALL.

                       Subpart 30.10--Definitions

30.10-1  Definition of terms--TB/ALL.
30.10-2  Accommodation space--TB/ALL.
30.10-3  Approved--TB/ALL.
30.10-5  Cargo--TB/ALL.
30.10-5a  Cargo area--TB/ALL.
30.10-5b  Cargo control station--TB/ALL.
30.10-6  Cargo handling room--TB/ALL.
30.10-6a  Category A machinery space--TB/ALL.
30.10-7  Certificated--TB/ALL.
30.10-9  Classification requirements--TB/ALL.
30.10-11  Coastwise--TB/C.
30.10-13  Cofferdam--TB/ALL.
30.10-14  Combination carrier--TB/ALL.
30.10-15  Combustible liquid--TB/ALL.
30.10-17  Commandant--TB/ALL.
30.10-19  Coast Guard District Commander--TB/ALL.
30.10-19a  Control space--TB/ALL.
30.10-20  Deadweight or DWT--TB/ALL.
30.10-21  Flammable or inflammable--TB/ALL.
30.10-22  Flammable liquid--TB/ALL.
30.10-23  Flame arrester--TB/ALL.
30.10-25  Flame screen--TB/ALL.
30.10-27  Flashpoint--TB/ALL.
30.10-29  Gas free--TB/ALL.
30.10-31  General rules and regulations--TB/ALL.
30.10-33  Great Lakes--TB/L.
30.10-35  Headquarters--TB/ALL.
30.10-37  Keel laying date--TB/ALL.
30.10-38  Lightweight--TB/ALL.
30.10-39  Liquefied flammable gas--TB/ALL.
30.10-41  Lakes, bays, and sounds--TB/B.
30.10-42  Machinery space--TB/ALL.
30.10-43  Marine inspector or inspector--TB/ALL.
30.10-45  Ocean--TB/O.
30.10-47  Officer in Charge, Marine Inspection--TB/ALL.
30.10-48  Oil fuel--TB/ALL.
30.10-48a  Oil fuel unit--TB/ALL.
30.10-49  Permit--TB/ALL.
30.10-50  Pilot boarding equipment and point of access.
30.10-55  Pressure vacuum relief valve--TB/ALL.
30.10-57  Recognized classification society--TB/ALL.
30.10-59  Reid vapor pressure--TB/ALL.
30.10-61  Rivers--TB/R.
30.10-62a  Service spaces--TB/ALL.
30.10-63  Spark arrester--TB/ALL.
30.10-65  Tank barge--B/ALL.
30.10-67  Tankship--T/ALL.
30.10-69  Tank vessel--TB/ALL.
30.10-71  Tankerman--TB/ALL.

                       Subpart 30.15--Equivalents

30.15-1  Conditions under which equivalents may be used--TB/ALL.

             Subpart 30.20--Enforcement and Rights of Appeal

30.20-1  Enforcement--TB/ALL.
30.20-10  Penalties for violations of tank vessel regulations--TB/ALL.
30.20-50  Right of appeal.

                  Subpart 30.25--Commodities Regulated

30.25-1  Cargoes carried in vessels certificated under the rules of this 
          subchapter.
30.25-3  Benzene.

   Subpart 30.30--Interim Procedures for Evaluating Vessel Personnel 
        Licensing and Certification Programs of Foreign Countries

30.30-1  Scope and purpose.
30.30-3  Evaluation materials.
30.30-5  Submission of evaluation materials.
30.30-7  Availability of materials.
30.30-9  Evaluation.
30.30-11  Determinations.


[[Page 332]]


    Authority: 46 U.S.C. 2103, 3306, 3703; 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 30.01-5 also issued under the authority of Sec. 4109, Pub. 
L. 101-380, 104 Stat. 515.

    Source: CGFR 65-50, 30 FR 16657, Dec. 30, 1965, unless otherwise 
noted.



                      Subpart 30.01--Administration



Sec. 30.01-1   Purpose of regulations.

    (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.

[CGFR 68-32, 33 FR 5712, Apr. 12, 1968]



Sec. 30.01-2  OMB control numbers assigned pursuant to the Paperwork Reduction Act.

    (a) Purpose. This section collects and displays the control numbers 
assigned to information collection and recordkeeping requirements in 
this subchapter by the Office of Management and Budget (OMB) pursuant to 
the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). The Coast 
Guard intends that this section comply with the requirements of 44 
U.S.C. 3507(f) which requires that agencies display a current control 
number assigned by the Director of the OMB for each approved agency 
information collection requirement.
    (b) Display.

------------------------------------------------------------------------
                                                             Current OMB
    46 CFR part or section where identified or described     control No.
------------------------------------------------------------------------
Sec.  31.10-5(a)...........................................    2115-0131
Sec.  31.10-21.............................................    2115-0554
Sec.  31.10-22.............................................    2115-0554
Sec.  31.10-32.............................................    2115-0131
Sec.  31.10-33.............................................    2115-0131
Sec.  31.37-15.............................................    2115-0131
Sec.  31.40-35.............................................    2115-0131
Sec.  32.53-85.............................................    2115-0505
Sec.  35.20-7..............................................    2115-0589
Sec.  35.35-30.............................................    2115-0506
Sec.  39.10-13.............................................    2115-0505
------------------------------------------------------------------------


[49 FR 38120, Sept. 27, 1984, as amended by CGD 89-037, 57 FR 41821, 
Sept. 11, 1992]



Sec. 30.01-3   Assignment of functions--TB/ALL.

    (a) The Department of Transportation Act (Pub. L. 89-670, 80 Stat. 
931-950, 49 U.S.C. 1651-1659), transferred to and vested in the 
Secretary of Transportation ``* * * all functions, powers, and duties, 
relating to the Coast Guard, of the Secretary of the Treasury and of 
other officers and offices of the Department of the Treasury'' 
(subsection 6(b)(1), 49 U.S.C. 1655(b)). This transfer is subject to 
certain conditions, modifications, and exceptions as set forth in such 
act. By a rule in 49 CFR 1.4(a) the Secretary of Transportation 
delegated to the Commandant, U.S. Coast Guard, authority to exercise 
certain functions, powers, and duties as set forth in subsections 
6(a)(4), 6(b)(1), and 6(g) of such act (49 U.S.C. 1655), subject to 
conditions, exceptions and modifications as described in 49 CFR part 1. 
By a rule in 49 CFR 1.9 the Secretary of Transportation continued in 
effect actions taken prior to April 1, 1967.
    (b) The Commandant, U.S. Coast Guard, in a notice dated March 31, 
1967, and effective April 1, 1967 (32 FR 5611), approved the 
continuation of orders, rules, regulations, policies, procedures, 
privileges, waivers, and other actions, which had been made, allowed, 
granted, or issued prior to April 1, 1967, and provided that they shall 
continue in effect according to their terms until modified, terminated, 
repealed, superseded, or set aside by appropriate authority.

[CGFR 68-32, 33 FR 5712, Apr. 12, 1968]



Sec. 30.01-5   Application of regulations--TB/ALL.

    Note: 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

[[Page 333]]

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 with subpart 98.30 or 
98.33 of this chapter.
    (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 shall be applicable to all United States flag 
vessels indicated in Column 3 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.

[[Page 334]]



                                                                                        Table 30.01-5(d)                                                                                        
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Classes of vessels (including motorboats) examined or inspected under various Coast Guard regulations\1\                  
                                                  ----------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Vessels inspected and                                                                                                   
                                                                         certificated under     Vessels inspected                                                               Vessels subject 
                                  Size or other    Vessels inspected    either subchapter H--    and certificated       Vessels subject to            Vessels subject to       to the provisions
     Method of propulsion         limitations\1\    and certificated  Passenger Vessels\2\ \3\   under subchapter  provisions of subchapter C--  provisions of subchapter U--  of subchapter O--
                                                    under subchapter  \4\ \5\ or subchapter T--    I--Cargo and     Uninspected Vessels\2\ \3\   Oceanographic Vessels\2\ \5\     Certain Bulk  
                                                        D--Tank            Small Passenger        Miscellaneous             \6\ \7\ \8\                   \6\ \7\ \9\              Dangerous    
                                                       Vessels\2\        Vessels\2\ \3\ \4\       Vessels\2\ \5\                                                                  Cargoes\10\   
                                                                                                                                                                                                
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Column 1                        Column 2.........  Column 3.........  Column 4................  Column 5.........  Column 6....................  Column 7....................  Column 8         
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Steam.........................  Vessels not over   All vessels        All vessels carrying      All tugboats and   All vessels except those      None........................  All vessels      
                                 65 feet in         carrying           more than 6               towboats.          covered by columns 3, 4, 5,                                 carrying in bulk
                                 length.            combustible or     passengers.\7\                               and 7.                                                      the cargoes     
                                                    flammable liquid                                                                                                            listed in Table 
                                                    cargo in bulk.                                                                                                              I of Pt. 153 and
                                                                                                                                                                                Table 4 of Pt.  
                                                                                                                                                                                154.            
                               -----------------------------------------------------------------------------------------------------------------------------------------------------------------
                                Vessels over 65    All vessels        1. All vessels carrying   All vessels        None........................  All vessels engaged in            Do.          
                                 feet in length.    carrying           more than 12 passengers   except those                                     oceanographic research.                       
                                                    combustible or     on an international       covered by                                                                                     
                                                    flammable liquid   voyage, except yachts.    columns 3 and 4.                                                                               
                                                    cargo in bulk.                                                                                                                              
                                                                      2. All vessels of not                                                                                                     
                                                                       over 15 gross tons                                                                                                       
                                                                       which carry more than 6                                                                                                  
                                                                       passengers.\7\                                                                                                           
                                                                      3. All other vessels                                                                                                      
                                                                       carrying passengers,\7\                                                                                                  
                                                                       except:                                                                                                                  
                                                                          a. Yachts.                                                                                                            
                                                                          b. Documented cargo                                                                                                   
                                                                       or tank vessels issued                                                                                                   
                                                                       a permit to carry not                                                                                                    
                                                                       more than 16 persons in                                                                                                  
                                                                       addition to the crew.                                                                                                    

[[Page 335]]

                                                                                                                                                                                                
                                                                          c. Towing and                                                                                                         
                                                                       fishing vessels, in                                                                                                      
                                                                       other than ocean and                                                                                                     
                                                                       coastwise service, may                                                                                                   
                                                                       carry persons on the                                                                                                     
                                                                       legitimate business of                                                                                                   
                                                                       the vessel, in addition                                                                                                  
                                                                       to crew, but not to                                                                                                      
                                                                       exceed one for each net                                                                                                  
                                                                       ton of the vessel.                                                                                                       
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Motor.........................  Vessels not over   All vessels        All vessels carrying      Those vessels      All vessels except those      None........................      Do.          
                                 15 gross tons.     carrying           more than 6               carrying           covered by columns 3, 4, 5,                                                 
                                                    combustible or     passengers.\7\            dangerous          and 7.                                                                      
                                                    flammable liquid                             cargoes when                                                                                   
                                                    cargo in bulk.                               required by 46                                                                                 
                                                                                                 CFR part 98 or                                                                                 
                                                                                                 49 CFR parts 171-                                                                              
                                                                                                 179.                                                                                           
                                Vessels over 15    All vessels        1. All vessels carrying   All vessels        All vessels except those      None........................  All vessels      
                                 gross tons         carrying           more than 12 passengers   carrying freight   covered by columns 3, 4, 5,                                 carrying in bulk
                                 except seagoing    combustible or     on an international       for hire except    and 7.                                                      the cargoes     
                                 motor vessels of   flammable liquid   voyage, except yachts.    those covered by                                                               listed in Table 
                                 300 gross tons     cargo in                                     columns 3 and 4.                                                               I of Pt. 153 and
                                 and over.          bulk.\5\                                                                                                                    Table 4 of Pt.  
                                                                                                                                                                                154.            
                                                                      2. All vessels not over                                                                                                   
                                                                       65 feet in length which                                                                                                  
                                                                       carry more than 6                                                                                                        
                                                                       passengers.\7\                                                                                                           
                                                                      3. All other vessels of                                                                                                   
                                                                       over 65 feet in length                                                                                                   
                                                                       carrying passengers for                                                                                                  
                                                                       hire except documented                                                                                                   
                                                                       cargo or tank vessels                                                                                                    
                                                                       issued a permit to                                                                                                       
                                                                       carry not more than 16                                                                                                   
                                                                       persons in addition to                                                                                                   
                                                                       the crew.                                                                                                                
                               -----------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 336]]

                                                                                                                                                                                                
                                Seagoing motor     All vessels        1. All vessels carrying   All vessels        All vessels except those      All vessels engaged in            Do.          
                                 vessels of 300     carrying           more than 12 passengers   except those       covered by columns 3, 4, 5,   oceanographic research.                       
                                 gross tons and     combustible or     on an international       covered by         and 7.                                                                      
                                 over.              flammable liquid   voyage, except yachts.    columns 3 and 4,                                                                               
                                                    cargo in          2. All other vessels       and those                                                                                      
                                                    bulk.\5\           carrying passengers,\7\   engaged in the                                                                                 
                                                                       except:                   fishing,                                                                                       
                                                                                                 oystering,                                                                                     
                                                                                                 clamming,                                                                                      
                                                                                                 crabbing, or any                                                                               
                                                                                                 other branch of                                                                                
                                                                                                 the fishery,                                                                                   
                                                                                                 kelp, or sponge                                                                                
                                                                                                 industry.                                                                                      
                                                                      a. Yachts.                                                                                                                
                                                                      b. Documented cargo or                                                                                                    
                                                                       tank vessels issued a                                                                                                    
                                                                       permit to carry not                                                                                                      
                                                                       more than 16 persons in                                                                                                  
                                                                       addition to the crew.                                                                                                    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 337]]

                                                                                                                                                                                                
Sail                            Vessels not over   All vessels        All vessels carrying      Those vessels      None........................  None........................      Do.          
                                 700 gross tons.    carrying           more than 6               carrying                                                                                       
                                                    combustible or     passengers.\7\            dangerous                                                                                      
                                                    flammable liquid                             cargoes when                                                                                   
                                                    cargo in bulk.                               required by 46                                                                                 
                                                                                                 CFR part 98 or                                                                                 
                                                                                                 49 CFR parts 171-                                                                              
                                                                                                 179.                                                                                           
                               -----------------------------------------------------------------------------------------------------------------------------------------------------------------
                                Vessels over 700   All vessels        All vessels carrying      Those vessels      None........................  None........................      Do.          
                                 gross tons.        carrying           passengers for hire.      carrying                                                                                       
                                                    combustible or                               dangerous                                                                                      
                                                    flammable liquid                             cargoes when                                                                                   
                                                    cargo in bulk.                               required by 46                                                                                 
                                                                                                 CFR part 98 or                                                                                 
                                                                                                 146.                                                                                           
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Non-self-propelled............  Vessels less than  All vessels        Those vessels carrying    Those vessels      All barges carrying           None........................  All tank barges  
                                 100 gross tons.    carrying           dangerous cargoes when    carrying           passengers except those                                     carrying in bulk
                                                    combustible or     required by 49 CFR        dangerous          covered by column 4.                                        the cargoes     
                                                    liquid cargo in    parts 171-179.            cargoes when                                                                   listed in Table 
                                                    bulk.                                        required by 46                                                                 151.05 of this  
                                                                                                 CFR part 98 or                                                                 chapter.\11\    
                                                                                                 49 CFR parts 171-                                                                              
                                                                                                 179.                                                                                           
                               -----------------------------------------------------------------------------------------------------------------------------------------------------------------
                                Vessels 100 gross  All vessels        All seagoing barges       All seagoing       All barges carrying           All seagoing barges engaged   All vessels      
                                 tons or over.      carrying           except those covered by   barges except      passengers except columns 4   in oceanographic research.    carrying in bulk
                                                    combustible or     columns 3 and 4; and      those covered by   and 7.                                                      the cargoes     
                                                    flammable liquid   those inland barges       columns 3 and 4;                                                               listed in Table 
                                                    cargo in bulk.     carrying dangerous        and those inland                                                               I of Pt. 153 and
                                                                       cargoes when required     barges carrying                                                                Table 4 of Pt.  
                                                                       by 49 CFR parts 171-179.  dangerous                                                                      154.            
                                                                                                 cargoes when                                                                                   
                                                                                                 required by 46                                                                                 
                                                                                                 CFR part 98 or                                                                                 
                                                                                                 49 CFR parts 171-                                                                              
                                                                                                 179.                                                                                           
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Where length is used in this table it means the length measured from end to end over the deck, excluding sheer. This expression 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.                                                                                     
\2\Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), and N (Dangerous Cargoes) of this chapter may also be applicable under certain conditions. The provisions of 
  49 CFR parts 171-179 apply whenever hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.                                                
\3\Public nautical schoolships, other than vessels of the Navy and Coast Guard, shall meet the requirements of part 167 of subchapter R (Nautical Schools) of this chapter. Civilian nautical   
  schoolships, as defined by 46 U.S.C. 1331, shall meet the requirements of subchapter H (Passenger Vessels) and part 168 of subchapter R (Nautical Schools) of this chapter.                   
\4\Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more. Subchapter T (Small Passenger Vessels) of this chapter covers only those vessels of    
  less than 100 gross tons.                                                                                                                                                                     
\5\Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of the vessel is not for the carriage of      
  liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in bulk. The portion of the vessel used for the carriage of the flammable or         
  combustible liquid cargo shall meet the requirements of subchapter D (Tank Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels)
  of this chapter.                                                                                                                                                                              
\6\Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974.                                                        
\7\The meaning of the term passenger is as defined in the Act of May 10, 1956 (Sec. 1, 70 Stat. 151; 46 U.S.C. 390). On oceanographic vessels scientific personnel on board shall not be deemed 
  to be passengers or seamen, but for calculations of lifesaving equipment, etc., shall be counted as persons.                                                                                  
\8\Boilers and machinery are subject to examination on vessels over 40 feet in length.                                                                                                          
\9\Under 46 U.S.C. 441 an oceanographic research vessel is a vessel ``* * * being employed exclusively in instruction in oceanography or limnology, or both, or exclusively in oceanographic    
  research, * * *.'' Under 46 U.S.C. 443, ``an oceanographic research vessel shall not be deemed to be engaged in trade or commerce.'' If or when an oceanographic vessel engages in trade or   
  commerce, such vessel cannot operate under its certificate of inspection as an oceanographic vessel, but shall be inspected and certificated for the service in which engaged, and the        
  scientific personnel aboard then become persons employed in the business of the vessel.                                                                                                       
\10\Bulk dangerous cargoes are cargoes specified in Table 151.01-10(b) in Table I of part 153 of this chapter.                                                                                  
\11\For manned tank barges see Sec.  151.01-10(e) of this chapter.                                                                                                                              


[[Page 338]]

    (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 approximating those of the United States, 
together with reciprocal inspection arrangements with the United States 
and which has on board a current valid certificate of inspection issued 
by its government under such arrangements, in either case, shall be 
subject only to the requirements of Sec. 35.01-1 and the safety and 
cargo handling requirements in subparts 35.30 and 35.35 of this 
subchapter. In addition, these vessels shall report marine casualties 
occurring while they are in the navigable waters of the United States as 
required by subpart 35.15.
    (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 Sec. 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 Sec. 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-
5 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.

    Editorial Note: For Federal Register citations affecting Sec. 30.01-
5, see the List of CFR Sections Affected in the Finding Aids section of 
this volume.



Sec. 30.01-6   Application to vessels on an international voyage.

    (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 
international voyage apply to a vessel that:
    (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
    (b) The regulations that apply to a vessel on an international 
voyage in this subchapter do not apply to ships engaged on a voyage 
solely on the Great Lakes and the St. Lawrence River as far east as a 
straight line drawn from Cap des Rosiers to West Point, Anticosti Island 
and, on the north side of Anticosti Island, the 63rd Meridian;
    (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

[[Page 339]]

miles from the nearest land in the course of its voyage.

[CGD 72-131R, 38 FR 29320, Oct. 24, 1973, as amended by CGD 80-123, 45 
FR 64586, Sept. 30, 1980; CGD 90-008, 55 FR 30660, July 26, 1990; CGD 
84-069, 61 FR 25286, May 20, 1996]



Sec. 30.01-7   Ocean or unlimited coastwise vessels on inland and Great Lakes Routes--TB/OC.

    (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.



Sec. 30.01-10   Application of regulations governing alterations or repairs--TB/ALL.

    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.



Sec. 30.01-15   Effective date of regulations--TB/ALL.

    (a) The regulations in this subchapter are effective on and after 
November 10, 1936: Provided, That amendments, revisions, or additions 
shall become effective ninety (90) days after the date of publication in 
the Federal Register unless the Commandant shall fix a different time.
    (b) 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.



Sec. 30.01-20   Portable tanks--interpretive rulings--TB/ALL.

    (a) The phrase drums, barrels, or other packages, as used in R.S. 
4417a, as amended (46 U.S.C. 391a), and in R.S. 4472, as amended (46 
U.S.C. 170), is interpreted to mean portable tanks having a maximum 
capacity of 110 U.S. gallons and Department of Transportation 
specification cylinders having a water capacity of not more than 1,000 
pounds, which are actually loaded and discharged from vessels with their 
contents intact.
    (b) The phrase inflammable or combustible liquid cargo in bulk as 
used in R.S. 4417a, as amended (46 U.S.C. 391a), and in R.S. 4472, as 
amended (46 U.S.C. 170), is interpreted to include such cargo in 
portable tanks of a capacity of more than 110 U.S. gallons.
    (c) The phrase liquid cargo as used in R.S. 4417a, as amended (46 
U.S.C. 391a), is interpreted to mean flammable or combustible liquids.

[CGFR 69-72, 34 FR 17480, Oct. 29, 1969]



                       Subpart 30.10--Definitions



Sec. 30.10-1   Definition of terms--TB/ALL.

    Certain terms used in the regulations in this subchapter are defined 
in this subpart.



Sec. 30.10-2   Accommodation space--TB/ALL.

    The term accommodation space means any public space such as a hall, 
dining room, mess room, lounge, corridor, lavatory, cabin, office, 
hospital, cinema, game and hobby room, pantry that contains no cooking 
appliances, and a similar space open to the passengers and crew.

[CGD 74-127, 41 FR 3842, Jan. 26, 1976]



Sec. 30.10-3   Approved--TB/ALL.

    The term approved means approved by the Commandant unless otherwise 
stated.

[[Page 340]]



Sec. 30.10-5   Cargo--TB/ALL.

    The term cargo means combustible liquid, flammable liquid, or 
liquefied flammable gas unless otherwise stated.



Sec. 30.10-5a   Cargo area--TB/ALL.

    The term cargo area means that part of a vessel that includes the 
cargo tanks and other tanks into which cargo or cargo vapors are 
intentionally introduced, holds containing these tanks, all intervening 
space within, between, below, or outboard of these tanks or holds, and 
the deck area over the length and beam of the vessel above these tanks, 
holds, or spaces.

[CGD 74-127, 41 FR 3842, Jan. 26, 1976]



Sec. 30.10-5b   Cargo control station--TB/ALL.

    The term cargo control station means a location that is manned 
during cargo transfer operations for the purpose of directing or 
controlling the loading or unloading of cargo.

 [CGD 74-127, 41 FR 3842, Jan. 26, 1976]



Sec. 30.10-6   Cargo handling room--TB/ALL.

    The term cargo handling room means any enclosed space where cargo is 
pumped, compressed, or processed. Examples of cargo handling rooms are 
pump rooms, compressor rooms, and cargo valve rooms.

[CGFR 68-65, 33 FR 19983, Dec. 28, 1968]



Sec. 30.10-6a   Category A machinery space--TB/ALL.

    The term Category A machinery space means any space and trunks and 
ducts to such a space that contains:
    (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 deg.C (110 deg.F); or
    (d) One or more oil fired boilers or oil fuel units.

[CGD 74-127, 41 FR 3842, Jan. 26, 1976]



Sec. 30.10-7   Certificated--TB/ALL.

    The term certificated when applied to tank vessels refers to a 
vessel covered by a certificate of inspection issued by the Coast Guard; 
when applied to men employed on tank vessels, the term refers to a 
certificate of ability issued by the Coast Guard.



Sec. 30.10-9   Classification requirements--TB/ALL.

    The term classification requirements means applicable rules and 
supplementary requirements of the American Bureau of Shipping, or other 
recognized classification society.



Sec. 30.10-11   Coastwise--TB/C.

    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.



Sec. 30.10-13   Cofferdam--TB/ALL.

    The term cofferdam means a void or empty space separating two or 
more compartments for the purpose of isolation or to prevent the 
contents of one compartment from entering another in the event of the 
failure of the walls of one to retain their tightness.



Sec. 30.10-14   Combination carrier--TB/ALL.

    The term combination carrier means a tank vessel designed to carry 
alternatively liquid and solid cargoes in bulk.

 [CGD 74-127, 41 FR 3843, Jan. 26, 1976]



Sec. 30.10-15   Combustible liquid--TB/ALL.

    The term combustible liquid means any liquid having a flashpoint 
above 80 deg. F. (as determined from an open-cup tester, as used for 
test of burning oils). In the regulations of this subchapter, 
combustible liquids are referred to by grades, as follows:
    (a) Grade D. Any combustible liquid having a flashpoint below 
150 deg. F. and above 80 deg. F.
    (b) Grade E. Any combustible liquid having a flashpoint of 150 deg. 
F. or above.

[CGFR 65-50, 30 FR 16657, Dec. 30, 1965, as amended by CGD 73-96, 42 FR 
49023, Sept. 26, 1977]

[[Page 341]]



Sec. 30.10-17  Commandant--TB/ALL.

    The term Commandant means the Commandant of the Coast Guard.



Sec. 30.10-19   Coast Guard District Commander--TB/ALL.

    The term Coast Guard District Commander means an officer of the 
Coast Guard designated as such by the Commandant to command all Coast 
Guard activities within his district which include the enforcement and 
administration of title 52, R.S., acts amendatory thereof or 
supplemental thereto, rules and regulations thereunder and the 
inspections required thereby.



Sec. 30.10-19a   Control space--TB/ALL.

    The term control space means an enclosed space in which is located a 
ship's radio, main navigating equipment, or emergency source of power or 
in which is located centralized fire recording or fire control 
equipment, but not including firefighting apparatus that must be located 
in the cargo area or individual pieces of firefighting equipment.

[CGD 74-127, 41 FR 3843, Jan. 26, 1976]



Sec. 30.10-20   Deadweight or DWT--TB/ALL.

    The term deadweight or DWT means the difference in metric tons 
between the lightweight displacement and the total displacement of a 
vessel measured in water of specific gravity 1.025 at the load waterline 
corresponding to the summer freeboard assigned according to 46 CFR, 
subchapter E.

[CGD 74-127, 41 FR 3843, Jan. 26, 1976]



Sec. 30.10-21   Flammable or inflammable--TB/ALL.

    The words flammable and inflammable are interchangeable or 
synonymous terms for the purpose of the regulations in this subchapter.



Sec. 30.10-22   Flammable liquid--TB/ALL.

    The term flammable liquid means any liquid which gives off flammable 
vapors (as determined by flashpoint from an open-cup tester, as used for 
test of burning oils) at or below a temperature of 80 deg. F. Flammable 
liquids are referred to by grades as follows:
    (a) Grade A. Any flammable liquid having a Reid1 vapor pressure 
of 14 pounds or more.
---------------------------------------------------------------------------

    1American Society for Testing Materials Standard D-323 (most 
recent revision), Method of Test for Vapor Pressure of Petroleum 
Products (Reid Method).
---------------------------------------------------------------------------

    (b) Grade B. Any flammable liquid having a Reid1 vapor pressure 
under 14 pounds and over 8\1/2\ pounds.
    (c) Grade C. Any flammable liquid having a Reid1 vapor pressure 
of 8\1/2\ pounds or less and a flashpoint of 80 deg. F. or below.

[CGFR 65-50, 30 FR 16657, Dec. 30, 1965, as amended by CGD 73-96, 42 FR 
49023, Sept. 26, 1977]



Sec. 30.10-23   Flame arrester--TB/ALL.

    The term flame arrester means any device or assembly of a cellular, 
tubular, pressure, or other type used for preventing the passage of 
flames into enclosed spaces.



Sec. 30.10-25   Flame screen--TB/ALL.

    The term flame screen means a fitted single screen of corrosion-
resistant wire of at least 30 by 30 mesh, or two fitted screens, both of 
corrosion-resistant wire, of at least 20 by 20 mesh, spaced not less 
than \1/2\ inch or more than 1\1/2\ inches apart.



Sec. 30.10-27   Flashpoint--TB/ALL.

    The term flashpoint indicates the temperature in degrees Fahrenheit 
at which a liquid gives off a flammable vapor when heated in an open-cup 
tester. For the purpose of the regulations in this subchapter, 
flashpoints determined by other testing methods will be equivalent to 
those determined with an open-cup tester, as follows:

                 Table 30.10-27--Equivalent Flashpoints                 
                         [In degrees Farenheit]                         
------------------------------------------------------------------------
                                                               Pensky-  
                                                Tag closed-    Martens  
                Open-cup tester                  cup tester     closed  
                                                 (A.S.T.M.)     tester  
                                                              (A.S.T.M.)
------------------------------------------------------------------------
80............................................           75  ...........
150...........................................  ...........          140
------------------------------------------------------------------------


[[Page 342]]



Sec. 30.10-29   Gas free--TB/ALL.

    The term gas free means free from dangerous concentrations of 
flammable or toxic gases.



Sec. 30.10-31   General rules and regulations--TB/ALL.

    The term general rules and regulations means the requirements 
contained in this chapter.



Sec. 30.10-33   Great Lakes--TB/L.

    Under this designation shall be included all tank vessels navigating 
the Great Lakes.



Sec. 30.10-35   Headquarters--TB/ALL.

    The term Headquarters means the Office of the Commandant, U.S. Coast 
Guard, Washington, DC 20593-0001.

[CGFR 65-50, 30 FR 16657, Dec. 30, 1965, as amended by CGFR 68-32, 33 FR 
5712, Apr. 12, 1968; CGD 88-070, 53 FR 34533, Sept. 7, 1988]



Sec. 30.10-37   Keel laying date--TB/ALL.

    The term keel laying date means the date upon which progressive 
construction identifiable with a specific vessel begins, including 
construction of the first module or prefabricated section of the hull 
that is identifiable with that vessel.

[CGD 74-127, 41 FR 3843, Jan. 26, 1976]



Sec. 30.10-38   Lightweight--TB/ALL.

    The term lightweight means the displacement of a vessel in metric 
tons without cargo, oil fuel, lubricating oil, ballast water, fresh 
water, feedwater in tanks, consumable stores, and persons and their 
effects.

[CGD 74-127, 41 FR 3843, Jan. 26, 1976]



Sec. 30.10-39   Liquefied flammable gas--TB/ALL.

    The term liquefied flammable gas means any flammable gas having a 
Reid vapor pressure exceeding 40 pounds, which has been liquefied.

[CGFR 66-33, 31 FR 15267, Dec. 6, 1966]



Sec. 30.10-41   Lakes, bays, and sounds--TB/B.

    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.



Sec. 30.10-42   Machinery space--TB/ALL.

    The term machinery space means any space that contains machinery and 
related equipment including Category A machinery spaces, propelling 
machinery, boilers, oil fuel units, steam and internal combustion 
engines, generators and centralized electrical machinery, oil filling 
stations, refrigeration, stabilizing, ventilation, and air conditioning 
machinery, and similar spaces and trunks to such spaces.

[CGD 74-127, 41 FR 3843, Jan. 26, 1976]



Sec. 30.10-43   Marine inspector or inspector--TB/ALL.

    The terms marine inspector or inspector mean any person from the 
civilian or military branch of the Coast Guard assigned under the 
superintendence and direction of an Officer in Charge, Marine 
Inspection, or any other person as may be designated for the performance 
of duties with respect to the enforcement and administration of title 
52, R.S., acts amendatory thereof or supplemental thereto, rules and 
regulations thereunder, and the inspections required thereby.



Sec. 30.10-45   Ocean--TB/O.

    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.



Sec. 30.10-47   Officer in Charge, Marine Inspection--TB/ALL.

    The term Officer in Charge, Marine Inspection, means any person from 
the civilian or military branch of the Coast Guard designated as such by 
the Commandant and who under the superintendence and direction of the 
Coast Guard District Commander is in charge of an inspection zone for 
the performance of duties with respect to the enforcement and 
administration of title 52, R.S., acts amendatory thereof or 
supplemental thereto, rules and regulations thereunder and the 
inspections required thereby.

[[Page 343]]



Sec. 30.10-48   Oil fuel--TB/ALL.

    The term oil fuel means oil used as fuel for machinery in the vessel 
in which it is carried.

[CGD 74-127, 41 FR 3843, Jan. 26, 1976]



Sec. 30.10-48a   Oil fuel unit--TB/ALL.

    The term oil fuel unit means the equipment used for the preparation 
of oil fuel for delivery to an oil fired boiler, the equipment used for 
the preparation of heated oil fuel for delivery to an internal 
combustion engine, and any oil fuel pressure pump, filter, and heater 
that deals with oil at a pressure of more than 1.8 kilograms per square 
centimeter (25 p.s.i.) gauge.

[CGD 74-127, 41 FR 3843, Jan. 26, 1976]



Sec. 30.10-49   Permit--TB/ALL.

    The term permit refers to endorsement on the certificate of 
inspection, authorizing the presence on board of liquid flammable or 
combustible cargoes in bulk, issued by an Officer in Charge, Marine 
Inspection, for a tank vessel which is found to be in substantial 
compliance with the regulations in this subchapter.



Sec. 30.10-50  Pilot boarding equipment and point of access.

    (a) Pilot boarding equipment means a pilot ladder, accommodation 
ladder, pilot hoist, or combination of them as required by this 
subchapter.
    (b) Point of access means the place on deck of a vessel where a 
person steps onto or off of pilot boarding equipment.

[CGD 79-032, 49 FR 25455, June 21, 1984]



Sec. 30.10-55   Pressure vacuum relief valve--TB/ALL.

    The term pressure vacuum relief valve means any device or assembly 
of a mechanical, liquid, weight, or other type used for the automatic 
regulation of pressure or vacuum in enclosed places.



Sec. 30.10-57   Recognized classification society--TB/ALL.

    The term recognized classification society means the American Bureau 
of Shipping or other classification society recognized by the 
Commandant.



Sec. 30.10-59   Reid vapor pressure--TB/ALL.

    The term Reid vapor pressure means the vapor pressure of a liquid at 
a temperature of 100 deg. F., expressed in pounds per square inch 
absolute, as determined by the Reid Method as described in the American 
Society for Testing Materials Standard D-323 (most recent revision), 
Method of Test for Vapor Pressure of Petroleum Products. This Standard 
is available at Headquarters for reading purposes or it may be purchased 
from the Society at 1916 Race Street, Philadelphia, PA 19103.



Sec. 30.10-61   Rivers--TB/R.

    Under this designation shall be included all tank vessels whose 
navigation is restricted to rivers and/or to canals, exclusively.



Sec. 30.10-62a   Service spaces--TB/ALL.

    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.

[CGD 74-127, 41 FR 3843, Jan. 26, 1976]



Sec. 30.10-63   Spark arrester--TB/ALL.

    The term spark arrester means any device, assembly, or method of a 
mechanical, centrifugal, cooling, or other type and of a size suitable 
for the retention or quenching of sparks in exhaust pipes from internal 
combustion engines.



Sec. 30.10-65   Tank barge--B/ALL.

    The term tank barge means any tank vessel not equipped with means of 
self-propulsion.



Sec. 30.10-67   Tankship--T/ALL.

    The term tankship means any tank vessel propelled by power or sail.



Sec. 30.10-69   Tank vessel--TB/ALL.

    The term tank vessel means any vessel especially constructed or 
converted to carry liquid bulk cargo in tanks.

[[Page 344]]



Sec. 30.10-71  Tankerman--TB/ALL.

    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.

[CGD 79-116, 60 FR 17155, Apr. 4, 1995]



                       Subpart 30.15--Equivalents



Sec. 30.15-1   Conditions under which equivalents may be used--TB/ALL.

    (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: Provided, That he 
shall have been satisfied by suitable trials that the fitting, material, 
appliance, apparatus, or equipment, or type thereof, or the provision or 
arrangement is at least as effective as that specified in this 
subchapter.
    (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.



             Subpart 30.20--Enforcement and Rights of Appeal



Sec. 30.20-1   Enforcement--TB/ALL.

    The Officer in Charge, Marine Inspection, under the superintendence 
of the Coast Guard District Commander, is responsible for the 
performance of duties within his jurisdiction with respect to the 
enforcement and administration of title 52, R.S., acts amendatory 
thereof or supplemental thereto, rules and regulations thereunder, and 
the inspections required thereby.



Sec. 30.20-10  Penalties for violations of tank vessel regulations--TB/ALL.

    (a) The provisions of R.S. 4417a, as amended (46 U.S.C. 391a) 
provide the following penalty:

    (7) The owner, master, or person in charge of any vessel subject to 
the provisions in this section, or any or all of them, who shall violate 
the provisions of this section, or of the rules and regulations 
established hereunder, shall be subject to a fine of not more than 
$1,000 or imprisonment for not more than one year, or both such fine and 
penalty.

    (b) Certificates of inspection for tank vessels may also 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.



Sec. 30.20-50  Right of appeal.

    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.

[CGD 88-033, 54 FR 50380, Dec. 6, 1989]



                  Subpart 30.25--Commodities Regulated



Sec. 30.25-1  Cargoes carried in vessels certificated under the rules of 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 Sec. 153.2 of this chapter, that is listed in Table 30.25-
1 and

[[Page 345]]

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 Sec. 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.

  Table 30.25-1--List of Flammable and Combustible Bulk Liquid Cargoes  
------------------------------------------------------------------------
                                                              Pollution 
                          Cargoes                              category 
------------------------------------------------------------------------
Acetone....................................................       III   
Acetophenone...............................................       @D    
Acrylonitrile-Styrene copolymer dispersion in                   
 Polyether polyol..........................................        D    
Alcohols (C13 and above), see Alcohols (C13+)......  ...........
Alcohols (C13+)............................................      III    
Alcoholic beverages, n.o.s.................................       III   
Alcohol(C6-C17)(secondary) poly(3-6)ethoxylates............        A    
Alcohol(C6-C17)(secondary) poly(7-12)ethoxylates...........        B    
Alcohol(C12-C15) poly(1-3)ethoxylates, see                      
 Alcohol(C12-C15) poly(1-6)ethoxylates.....................        A    
Alcohol(C12-C15) poly(3-11)ethoxylates, see                     
 Alcohol(C12-C15) poly(1-6), or poly(7-19)ethoxylates......        A    
Alcohol(C12-C15) poly(1-6)ethoxylates......................       A     
Alcohol(C12-C15) poly(7-19)ethoxylates.....................       B     
Alcohol(C12-C15) poly(20+)ethoxylates......................       C     
n-Alkanes (C10+)...........................................      III    
iso- & cyclo-Alkanes (C10-C11).............................       D     
iso- & cyclo-Alkanes (C12+)................................      III    
Alkaryl polyether (C9-C20).................................       B     
Alkenyl(C11+) amine........................................       D     
Alkenylsuccinic anhydride..................................        #    
Alkyl(C8+)amine, Alkenyl (C12+) acid ester mixture.........       D     
Alkyl(C9-C17) benzenes, see Alkyl(C9+)benzenes.....       III   
Alkyl(C9+)benzenes.........................................      III    
Alkylbenzenesulfonic acid (4% or less).....................        #    
Alkyl dithiothiadiazole (C6-C24)...........................       D     
Alkyl ester copolymer (C6-C18).............................      [D]    
Alkyl phenol sulfide (C8-C40)..............................      [D]    
Alkyl phthalates (n-), see individual phthalates...  ...........
Aminoethyldiethanolamine, Aminoethylethanolamine solution..       III   
Amyl acetate (iso-, n-), see Amyl acetate (all                  
 isomers)..................................................        C    
Amyl acetate (all isomers).................................       C     
Amyl alcohol (iso-, n-, sec-, primary).....................        D    
Amyl alcohol (tert-).......................................       III   
Amylene, see Pentene (all isomers).........................        C    
Amyl methyl ketone, see Methyl amyl ketone.................        D    
Animal and Fish oils, n.o.s. (see also Oil, edible, or Oil,             
 misc.)....................................................       D     
  Including:                                                            
  Cod liver oil                                                         
  Lanolin                                                               
  Neatsfoot oil                                                         
  Pilchard oil                                                          
  Sperm oil                                                             
Animal and Fish acid oils and distillates, n.o.s...........       D     
  Including:                                                            
  Animal acid oil                                                       
  Fish acid oil                                                         
  Lard acid oil                                                         
  Mixed acid oil                                                        
  Mixed general acid oil                                                
  Mixed hard acid oil                                                   
  Mixed soft acid oil                                                   
Aryl polyolefin (C11-C50)..................................       D     
Asphalt....................................................        I    
Asphalt blending stocks:                                                
  Roofers flux.............................................        I    
  Straight run residue.....................................        I    
+Barium long chain alkaryl sulfonate (C11-C50).............      [B]    
+Barium long chain alkyl(C8-C14)phenate sulfide............      [A]    
Behenyl alcohol............................................       III   
Benzene tricarboxylic acid trioctyl ester..................       III   
Benzyl alcohol.............................................        C    
Brake fluid base mixtures                                               
  (containing Poly(2-8)alkylene(C2-C3) glycols,                         
 Polyalkylene(C2-C10) glycol monoalkyl(C1-C4) ethers, and               
 their borate esters)                                              D    
Butane.....................................................       LFG   
Butene, see Butylene.......................................             
Butene oligomer............................................        B    
(iso-, n-) Butyl acetate see Butyl acetate (all                 
 isomers)..................................................        C    
sec-Butyl acetate see Butyl acetate (all isomers)..        C    
Butyl acetate (all isomers)................................       C     
Butyl alcohol (iso-, n-, sec-, tert-)......................       III   
Butyl benzyl phthalate.....................................        A    
Butylene...................................................       LFG   
Butylene glycol............................................        D    
1,3-Butylene glycol, see Butylene glycol...........  ...........
Butylene polyglycol, see Butylene glycol...................       @D    
iso-Butyl formate..........................................        D    
n-Butyl formate............................................       @D    
Butyl heptyl ketone........................................       [C]   
Butyl methyl ketone, see Methyl butyl ketone.......  ...........
Butyl stearate.............................................       III   
Butyl toluene..............................................       @A    
gamma-Butyrolactone................................        D    
 Calcium alkyl(C9)phenol sulfide, polyolefin                            
 phosphorosulfide mixture..................................       A     
Calcium alkyl salicylate, see Calcium long chain                
 alkyl salicylate (C13+)...................................        C    
Calcium long chain alkaryl sulfonate (C11-C50).............       D     
Calcium long chain alkyl phenate (C8-C40)..................      [D]    
Calcium long chain alkyl phenate sulfide (C8-C40)..........       D     
Calcium long chain alkyl salicylate (C13+).................       C     
Calcium long chain alkyl phenolic amine (C8-C40)...      III    
Caprolactam solutions......................................        D    
Cetyl alcohol (hexadecanol), see Alcohols (C13+)...  ...........
Cetyl-Stearyl alcohol......................................       III   
Coal tar...........................................        A    

[[Page 346]]

                                                                        
Cumene (isopropylbenzene), see Propylbenzene (all               
 isomers)..................................................        A    
Cyclohexane................................................        C    
Cyclohexanol.......................................        D    
1,3-Cyclopentadiene dimer (molten).........................        B    
Cyclopentadiene polymers, see 1,3-Cyclopentadiene               
 dimer (molten)............................................  ...........
p-Cymene...........................................        C    
Decahydronaphthalene.......................................        D    
iso-Decaldehyde....................................       @C    
n-Decaldehyde......................................       @B    
Decane, see n-Alkanes (C10+).......................       III   
Decene.....................................................        B    
Decyl acetate..............................................       B     
Decyl alcohol (all isomers)................................        B    
Decylbenzene (n-)..........................................        D    
Detergent alkylate.........................................        D    
Diacetone alcohol..........................................        D    
Dialkyl(C10-C14) benzenes..................................        D    
Dialkyl(C7-C13) phthalates                                         D    
  Including:...............................................             
  Diisodecyl phthalate.....................................             
  Diisononyl phthalate.....................................             
  Dinonyl phthalate........................................             
  Ditridecyl phthalate.....................................             
  Diundecyl phthalate......................................             
Dibutyl carbinol, see Nonyl alcohol (all isomers)..        C    
ortho-Dibutyl phthalate............................        A    
Dicyclopentadiene, see 1,3-Cyclopentadiene dimer (molten)..        B    
Diethylbenzene.............................................        A    
Diethylene glycol..........................................        D    
Diethylene glycol butyl ether, see Poly(2-8)alkylene glycol             
 monoalkyl(C1-C6) ether....................................        D    
Diethylene glycol butyl ether acetate, see Poly(2-                      
 8)alkylene glycol monoalkyl(C1-C6) ether acetate..........        D    
Diethylene glycol dibutyl ether............................        D    
Diethylene glycol diethyl ether............................       III   
Diethylene glycol ethyl ether, see Poly(2-8)alkylene glycol             
 monoalkyl(C1-C6) ether....................................        D    
Diethylene glycol ethyl ether acetate, see Poly(2-              
 8)alkylene glycol monoalkyl(C1-C6) ether acetate..........        D    
Diethylene glycol n-hexyl ether, see Poly(2-8)alkylene                  
 glycol monoalkyl(C1-C6) ether.............................       D     
Diethylene glycol methyl ether, see Poly(2-                     
 8)alkylene glycol monoalkyl(C1-C6) ether..................        D    
Diethylene glycol methyl ether acetate, see Poly(2-             
 8)alkylene glycol monoalkyl(C1-C6) ether acetate..........        D    
Diethylene glycol phenyl ether.............................        #    
Diethylene glycol phthalate........................        D    
Diethylene glycol propyl ether, see Poly(2-8)alkylene                   
 glycol monoalkyl(C1-C6) ether.............................       D     
Di-(2-ethylhexyl)adipate...................................        D    
Di-(2-ethylhexyl)phthalate, see Dialkyl(C7-C13)                 
 phthalates................................................        D    
Diethyl phthalate..........................................        C    
Diglycidyl ether of Bisphenol A............................        B    
Diheptyl phthalate.........................................       III   
Dihexyl phthalate..........................................       III   
Diisobutylcarbinol, see Nonyl alcohol (all isomers)        C    
Diisobutylene..............................................        B    
Diisobutyl ketone..........................................        D    
Diisobutyl phthalate.......................................        B    
Diisodecyl phthalate, see Dialkyl(C7-C13)                       
 phthalates................................................        D    
Diisononyl adipate.........................................        D    
Diisononyl phthalate, see Dialkyl(C7-C13)                       
 phthalates................................................        D    
Diisooctyl phthalate.......................................       III   
Diisopropylbenzene (all isomers)...........................        A    
Diisopropyl naphthalene....................................        D    
Dimethyl adipate...........................................        B    
Dimethylbenzene, see Xylenes.......................  ...........
Dimethyl glutarate.........................................        C    
Dimethyl phthalate.........................................        C    
Dimethylpolysiloxane, see Polydimethylsiloxane.....       III   
2,2-Dimethylpropane-1,3-diol...............................        D    
Dimethyl succinate.........................................        C    
Dinonyl phthalate, see Dialkyl(C7-C13) phthalates..        D    
Dioctyl phthalate..........................................       III   
Dipentene..................................................        C    
Diphenyl...................................................        A    
Diphenyl, Diphenyl ether mixture...........................        A    
Diphenyl ether.............................................        A    
Diphenyl ether, Biphenyl phenyl ether mixture..............        A    
Dipropylene glycol.........................................       III   
Dipropylene glycol butyl ether, see Poly(2-8)alkylene                   
 glycol monoalkyl(C1-C6) ether.............................       D     
Dipropylene glycol dibenzoate..............................       [D]   
Dipropylene glycol methyl ether, see Poly(2-                    
 8)alkylene glycol monoalkyl(C1-C6) ether..................        D    
Distillates:                                                            
  Flashed feed stocks......................................        I    
  Straight run.............................................        I    
Ditridecyl phthalate, see Dialkyl(C7-C13)                       
 phthalates................................................        D    
Diundecyl phthalate, see Dialkyl(C7-C13) phthalates        D    
Dodecane (all isomers).....................................       III   
Dodecanol..................................................        B    
Dodecene (all isomers).....................................        B    
Dodecyl alcohol, see Dodecanol.............................       B     
Dodecylbenzene.............................................       III   
Dodecyl phenol.............................................        A    
Dodecyl xylene.............................................      III    
Drilling mud (low toxicity) (if flammable or combustible)..      [III]  
Ethane.....................................................       LFG   
2-Ethoxyethyl acetate......................................        C    
Ethoxylated alcohols, C11-C15, see the alcohol                  
 polyethoxylates...........................................  ...........
Ethoxy triglycol (crude)...................................        D    
Ethyl acetate..............................................        D    
Ethyl acetoacetate.........................................        D    
Ethyl alcohol..............................................       III   
Ethyl amyl ketone..........................................        C    
Ethylbenzene...............................................        B    
Ethyl butanol..............................................       @D    
Ethyl butyrate.............................................        C    
Ethyl cyclohexane..........................................        C    
2-Ethyl-2-(hydroxymethyl) propane-1,3-diol, C8-C10 ester...       D     
Ethylene...................................................       LFG   
Ethylene carbonate.........................................       III   
Ethylene glycol............................................        D    
Ethylene glycol acetate....................................        D    
Ethylene glycol butyl ether acetate........................        C    
Ethylene glycol diacetate..................................        C    
Ethylene glycol dibutyl ether..............................       [D]   
Ethylene glycol ethyl ether acetate, see 2-Ethoxyethyl                  
 acetate...................................................        C    
Ethylene glycol methyl butyl ether.........................        D    
Ethylene glycol methyl ether acetate.......................        C    

[[Page 347]]

                                                                        
Ethylene glycol phenyl ether...............................        D    
Ethylene glycol phenyl ether, Diethylene glycol phenyl                  
 ether mixture.............................................        D    
Ethylene-Propylene copolymer (in liquid mixtures)..........      [III]  
Ethyl-3-ethoxypropionate...................................        C    
2-Ethylhexaldehyde, see Octyl aldehydes............  ...........
2-Ethylhexanoic acid, see Octanoic acid (all                    
 isomers)..................................................        D    
2-Ethylhexanol, see Octanol (all isomers)..................       @C    
Ethylhexoic acid, see 2-Ethylhexanoic acid.........  ...........
Ethyl hexyl phthalate......................................        C    
Ethyl propionate...........................................        D    
Ethyl toluene..............................................        B    
Fatty acid (saturated, C13 and above), see Fatty                
 acid (saturated, C13+)....................................       III   
Fatty acid (saturated, C13+)...............................      III    
Formamide..................................................        D    
Furfuryl alcohol...........................................        C    
Gas oil, cracked...................................        I    
Gasoline blending stocks:                                               
  Alkylates................................................        I    
  Reformates.......................................        I    
Gasolines:                                                              
  Automotive (containing not over 4.23 grams lead               
   per gallon).............................................        I    
  Aviation (containing not over 4.86 grams lead per             
   gallon).................................................        I    
  Casinghead (natural).....................................        I    
  Polymer..................................................        I    
  Straight run.....................................        I    
Glycerine..................................................       III   
Glycerine (83%), Dioxanedimethanol (17%) mixture...........       D     
Glycerol, see Glycerine............................  ...........
Glycerol monooleate........................................       D     
Glycerol polyalkoxylate....................................       III   
Glyceryl triacetate........................................       III   
Glycidyl ester of tertiary carboxylic acid, see                 
 Glycidyl ester of tridecyl acetic acid....................  ...........
Glycidyl ester of C10 trialkylacetic acid, see Glycidyl                 
 ester of tridecyl acetic acid.............................       B     
Glycidyl ester of tridecyl acetic acid.....................        B    
Glycidyl ester of versatic acid, see Glycidyl ester             
 of tridecyl acetic acid...................................  ...........
Glycol diacetate, see Ethylene glycol diacetate....  ...........
Glycol triacetate, see Glyceryl triacetate.........  ...........
Glyoxal solution (40% or less).............................        D    
Heptadecane, see n-Alkanes (C10+)..................       III   
Heptane (all isomers)......................................        C    
Heptanoic acid.............................................        D    
Heptanol (all isomers).....................................        C    
Heptene (all isomers)......................................        C    
Heptyl acetate.............................................        B    
Herbicide (C15 -H22 -NO2 -Cl), see Metolachlor.....  ...........
Hexaethylene glycol, see Polyethylene glycol.......       III   
Hexamethylene glycol.......................................       III   
Hexamethylenetetramine solutions...........................        D    
Hexane (all isomers).......................................        C    
Hexanoic acid..............................................        D    
Hexanol....................................................        D    
Hexene (all isomers).......................................        C    
Hexyl acetate..............................................        B    
Hexylene glycol............................................       III   
Hog grease, see Lard...............................  ...........
2-Hydroxy-4-(methylthio)butanoic acid......................        C    
Hydroxy terminated polybutadiene,  see Polybutadiene,                   
 hydroxyl terminated.......................................             
Isophorone.................................................        D    
Jet fuels:                                                              
  JP-4.............................................        I    
  JP-5 (kerosene, heavy)...................................        I    
  JP-8.....................................................       @I    
Kerosene...................................................        I    
Lactic acid................................................        D    
Lard.......................................................       III   
Latex (ammonia (1% or less) inhibited).....................       D     
Latex, liquid synthetic....................................       III   
   including:                                                           
    Styrene-butadiene rubber...............................       III   
    Carboxylated styrene-butadiene copolymer...............       III   
Lecithin (soyabean)........................................      [D]    
Long chain alkaryl polyether (C11-C20).....................       C     
Long chain alkaryl sulfonic acid (C16-C60).................       D     
Long chain alkylphenate/Phenol sulfide mixture.....      III    
Magnesium long chain alkaryl sulfonate (C11-C50)...........       D     
Magnesium long chain alkyl phenate sulfide (C8-C20)........      [D]    
Magnesium long chain alkyl salicylate (C11+)...............       C     
Magnesium nonyl phenol sulfide, see Magnesium long              
 chain alkyl phenate sulfide (C8-C20)......................       [D]   
Magnesium sulfonate, see Magnesium long chain                   
 alkaryl sulfonate (C11-C50)...............................        D    
2-Mercaptobenzothiazol (in liquid mixtures)................        #    
Methane....................................................       LFG   
3-Methoxy-1-butanol........................................       III   
3-Methoxybutyl acetate.....................................        D    
1-Methoxy-2-propyl acetate.................................        #    
Methoxy triglycol (triethylene glycol methyl                    
 ether), see Poly(2-8)alkylene glycol monoalkyl(C1-C6)                  
 ether.....................................................  ...........
Methyl acetate.............................................       III   
Methyl acetoacetate........................................        D    
Methyl alcohol.............................................        D    
Methyl amyl acetate........................................        C    
Methyl amyl alcohol........................................        C    
Methyl amyl ketone.................................        D    
Methyl butanol, see the amyl alcohols..............  ...........
Methyl butenol.............................................        D    
Methyl butyl ketone........................................        D    
Methyl butynol.............................................        D    
Methyl butyrate............................................        C    
Methyl ethyl ketone........................................       III   
Methyl heptyl ketone.......................................        B    
Methyl isobutyl carbinol, see Methyl amyl alcohol..........        C    
Methyl isobutyl ketone.....................................        D    
3-Methyl-3-methoxybutanol..................................       III   
3-Methyl-3-methoxybutyl acetate............................       III   
Methyl naphthalene.........................................        A    
Methyl pentene, see Hexene (all isomers)...........  ...........
+Methyl propyl ketone......................................       D     
N-Methyl-2-pyrrolidone.............................        D    
Methyl tert-butyl ether....................................        D    
Metolachlor................................................        B    
Mineral spirits............................................        I    
Myrcene............................................        D    
Naphtha:                                                                
  Aromatic (having less than 10% Benzene)..       @I    
  Heavy....................................................       @I    
  Paraffinic...............................................       @I    
  Petroleum........................................        I    
  Solvent..........................................       @I    

[[Page 348]]

                                                                        
  Stoddard Solvent.........................................       @I    
  Varnish makers' and painters' (75%)..............       @I    
N-Methylglucamine solution (70% or less)...................          III
n-Pentyl propionate........................................            C
Naphthalene sulfonic acid-formaldehyde copolymer, sodium                
 salt solution.............................................        D    
Naphthenic acid............................................        A    
Nonane (all isomers).......................................        C    
Nonanoic acid (all isomers)................................        D    
Nonanoic, Tridecanoic acid mixture.........................       @D    
Nonene (all isomers)...............................        B    
Nonyl acetate..............................................       C     
Nonyl alcohol (all isomers)........................        C    
Nonyl methacrylate monomer.................................        D    
Nonyl phenol...............................................        A    
Nonyl phenol poly(4-12)ethoxylates.........................        B    
Nonyl phenol sulfide (90% or less), see Alkyl                   
 phenol sulfide (C8-C40)...................................  ...........
Noxious liquid, N.F., (1) n.o.s. (``trade name'' contains               
 ``principle components'') ST 1, Cat A (if combustible)....       A     
Noxious liquid, F., (2) n.o.s. (``trade name'' contains                 
 ``principle components'') ST 1, Cat A.....................       A     
Noxious liquid, N.F., (3) n.o.s. (``trade name'' contains               
 ``principle components'') ST 2, Cat A (if combustible)....       A     
Noxious liquid, F., (4) n.o.s. (``trade name'' contains                 
 ``principle components'') ST 2, Cat A.....................       A     
Noxious liquid, N.F., (5) n.o.s. (``trade name'' contains               
 ``principle components'') ST 2, Cat B (if combustible)....       B     
Noxious liquid, N.F., (6) n.o.s. (``trade name'' contains               
 ``principle components'') ST 2, Cat B, mp. equal to or                 
 greater than 15 deg. C (if combustible)...................       B     
Noxious liquid, F., (7) n.o.s. (``trade name'' contains                 
 ``principle components'') ST 2, Cat B.....................       B     
Noxious liquid, F., (8) n.o.s. (``trade name'' contains                 
 ``principle components'') ST 2, Cat B, mp. equal to or                 
 greater than 15 deg. C....................................       B     
Noxious liquid, N.F., (9) n.o.s. (``trade name'' contains               
 ``principle components'') ST 3, Cat A (if combustible)....       A     
Noxious liquid, F., (10) n.o.s. (``trade name'' contains                
 ``principle components'') ST 3, Cat A.....................       A     
Noxious liquid, N.F., (11) n.o.s. (``trade name'' contains              
 ``principle components'') ST 3, Cat B (if combustible)....       B     
Noxious liquid, N.F., (12) n.o.s. (``trade name'' contains              
 ``principle components'') ST 3, Cat B, mp. equal to or                 
 greater than 15 deg. C (if combustible)...................       B     
Noxious liquid, F., (13) n.o.s. (``trade name'' contains                
 ``principle components'') ST 3, Cat B.....................       B     
Noxious liquid, F., (14) n.o.s. (``trade name'' contains                
 ``principle components'') ST 3, Cat B, mp. equal to or                 
 greater than 15 deg. C....................................       B     
Noxious liquid, N.F., (15) n.o.s. (``trade name'' contains              
 ``principle components'') ST 3, Cat C (if combustible)....       C     
Noxious liquid, F., (16) n.o.s. (``trade name'' contains                
 ``principle components'') ST 3, Cat C.....................       C     
Noxious liquid, n.o.s. (17) (``trade name,'' contains                   
 ``principal components''), Category D (if flammable or                 
 combustible)..............................................        D    
Non-noxious liquid, n.o.s. (18) (``trade name,'' contains               
 ``principal components''), Appendix III (if flammable or               
 combustible)..............................................       III   
Octadecene, see the olefin or alpha-olefin entries.  ...........
Octadecenoamide solution (oleamide)........................       [D]   
Octane (all isomers).......................................        C    
Octanoic acid (all isomers)................................        D    
Octanol (all isomers)......................................        C    
Octene (all isomers).......................................        B    
Octyl acetate..............................................        C    
Octyl alcohol (iso-, n-), see Octanol (all isomers)  ...........
Octyl aldehydes............................................        B    
Octyl decyl adipate........................................       III   
Octyl phthalate (Di-(2-ethylhexyl)phthalate), see               
 Dialkyl(C7-C13) phthalates................................  ...........
Oil, edible:                                                            
  Beechnut.................................................        D    
  Castor...................................................        D    
  Cocoa butter.............................................        D    
  Coconut..................................................        D    
  Cod liver................................................        D    
  Corn.....................................................        D    
  Cottonseed...............................................        D    
  Fish, n.o.s..............................................        D    
  Groundnut................................................        D    
  Hazelnut.................................................        D    
  Lard.....................................................      @III   
  Maize, see Corn oil......................................        D    
  Nutmeg butter............................................        D    
  Olive....................................................        D    
  Palm.....................................................        D    
  Palm kernel..............................................        D    
  Peanut...................................................        D    
  Poppy....................................................        D    
  Raisin seed..............................................        D    
  Rapeseed.................................................        D    
  Rice bran................................................        D    
  Safflower................................................        D    
  Salad....................................................        D    
  Sesame...................................................        D    
  Soya bean................................................        D    
  Sunflower, see Sunflower seed............................        D    
  Sunflower seed...........................................        D    
  Tucum....................................................        D    
  Vegetable, n.o.s.........................................        D    
  Walnut...................................................        D    
Oil, fuel:                                                              
  No. 1 (kerosene).........................................        I    
  No. 1-D..................................................        I    
  No. 2....................................................        I    
  No. 2-D..................................................        I    
  No. 4....................................................        I    
  No. 5....................................................        I    
  No. 6....................................................        I    
Oil, misc:                                                              
  Aliphatic................................................       @I    
  Animal, n.o.s............................................        D    
  Aromatic.................................................        I    
  Clarified................................................        I    
  Coal.....................................................        #    
  Coconut oil, esterified, see Coconut oil, fatty               
   acid methyl ester.......................................  ...........
  Coconut oil, fatty acid..................................        C    
  Coconut oil, fatty acid methyl ester.....................        D    
  Coconut oil, methyl ester, see Coconut oil, fatty             
   acid methyl ester.......................................  ...........

[[Page 349]]

                                                                        
  Cottonseed, fatty acid, see Cottonseed oil, fatty acid...        C    
  Crude............................................        I    
  Diesel...................................................        I    
  Gas, high pour...........................................       @I    
  Gas, low pour............................................       @I    
  Gas, low sulfur..........................................       @I    
  Heartcut distillate......................................        I    
  Lanolin..................................................        D    
  Linseed..................................................        D    
  Lubricating..............................................        I    
  Mineral..................................................        I    
  Mineral seal.............................................       @I    
  Motor....................................................        I    
  Neatsfoot................................................        D    
  Oiticica.................................................        D    
  Palm oil, fatty acid methyl ester........................        D    
  Palm oil, methyl ester, see Palm oil, fatty acid              
   methyl ester............................................  ...........
  Penetrating..............................................        I    
  Perilla..................................................        D    
  Pilchard.................................................        D    
  Pine.....................................................        C    
  Residual.................................................        I    
  Road.....................................................        I    
  Rosin....................................................        B    
  Seal.....................................................        I    
  Soapstock................................................        #    
  Soya bean (epoxidized)...................................       [D]   
  Sperm....................................................        D    
  Spindle..................................................        I    
  Tall.....................................................        B    
  Tall, fatty acid.........................................        C    
  Transformer..............................................        I    
  Tung.....................................................        D    
  Turbine..................................................        I    
  Whale....................................................        D    
alpha-Olefins (C6-C18).....................................        B    
alpha-Olefins (C13-C18)....................................       III   
Olefin mixtures (C5-C7)....................................        C    
Olefin mixtures (C5-C15)...................................        B    
Olefins (C13+, all isomers)........................       III   
Olefin/Alkyl ester copolymer (molecular weight 2000+)......       D     
Oleic acid.................................................        D    
Oleyl alcohol (octadecenol), see Alcohols (C13+)...  ...........
Organic amine 70, see Aminoethyldiethanolamine,                 
 Aminoethylethanolamine solution...........................  ...........
Palm kernel acid oil, methyl ester.........................      [D]    
Palm stearin...............................................        D    
n-Paraffins (C10-C20), see n-Alkanes (C10+)........       III   
Pentadecanol, see Alcohols (C13+)..................  ...........
Pentaethylene glycol, see Polyethylene glycols.....  ...........
Pentaethylenehexamine......................................        D    
Pentane (all isomers)......................................        C    
Pentanoic acid.............................................        D    
Pentene (all isomers)......................................        C    
Petrolatum.................................................       III   
1-Phenyl-1-xylyl ethane....................................        C    
Phosphosulfurized bicyclic terpene.........................        #    
Phthalate plasticizers, see individual phthalates..  ...........
Pinene, see the alpha- or beta- isomers....................  ...........
alpha-Pinene...............................................       A     
beta-Pinene................................................       B     
Polyalkylene glycols, Polyalkylene glycol monoalkyl ethers              
 mixtures..................................................       @D    
Polyalkylene glycol butyl ether, see Poly(2-8)alkylene                  
 glycol monoalkyl(C1-C6) ether.............................       D     
Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether                   D     
  Including:...............................................             
  Diethylene glycol butyl ether............................             
  Diethylene glycol ethyl ether............................             
  Diethylene glycol n-hexyl ether..........................             
  Diethylene glycol methyl ether...........................             
  Diethylene glycol n-propyl ether.........................             
  Dipropylene glycol butyl ether...........................             
  Dipropylene glycol methyl ether..........................             
  Polypropylene glycol methyl ether........................             
  Triethylene glycol butyl ether...........................             
  Triethylene glycol ethyl ether...........................             
  Triethylene glycol methyl ether..........................             
  Tripropylene glycol methyl ether.........................             
Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether acetate           D     
  Including:...............................................             
  Diethylene glycol butyl ether acetate....................             
  Diethylene glycol ethyl ether acetate....................             
  Diethylene glycol methyl ether acetate...................             
Polyalkylene oxide polyol..................................        C    
Polyalkyl methacrylate (C1-C20)............................      [D]    
Polybutadiene, hydroxyl terminated.........................      [III]  
Polybutene.................................................       III   
Polybutenyl succinimide....................................          [D]
Polydimethylsiloxane.......................................        #    
Polyether (molecular weight 2000+).........................       D     
Polyethylene glycol........................................       III   
Polyethylene glycol dimethyl ether.........................       III   
Polyethylene glycol monoalkyl ether, see Poly(2-8)alkylene              
 glycol monoalkyl(C1-C6) ether.............................       D     
Polyglycerine, Sodium salts solution (containing less than              
 3% Sodium hydroxide)......................................      III    
Polyglycerol.......................................       III   
Poly(4+)isobutylene................................       III   
Polymerized esters.........................................        #    
Polyolefin (molecular weight 300+).........................      III    
Polyolefin amide alkeneamine (C28+)........................       D     
Polyolefin amide alkeneamine borate (C28-C250).............       D     
Polyolefin amide alkeneamine/Molybdenum oxysulfide              
 mixture...................................................      III    
Polyolefin amide alkeneamine polyol........................       D     
Polyolefin anhydride.......................................       D     
Polyolefin ester (C28-C250)................................       D     
Polyolefin phenolic amine (C28-C250).......................       D     
Polyolefin phosphorosulfide, barium derivative (C28-C250)..       C     
Poly(20)oxyethylene sorbitan monooleate............       III   
Poly(5+)propylene..................................       III   
Polypropylene glycol.......................................        D    
Polypropylene glycol methyl ether, see Poly(2-8)alkylene                
 glycol monoalkyl(C1-C6) ether.............................        D    
Polysiloxane...............................................       III   
Potassium oleate...................................        C    
Propane....................................................       LFG   
n-Propoxypropanol (propylene glycol propyl ether),              
 see Propylene glycol monoalkyl ether......................        D    
iso-Propyl acetate.................................       III   
n-Propyl acetate...................................        D    
iso-Propyl alcohol.................................       III   
n-Propyl alcohol...................................       III   
iso-Propylbenzene (cumene), see Propylbenzene (all              
 isomers)..................................................        A    
n-Propylbenzene, see Propylbenzene (all isomers)...        A    

[[Page 350]]

                                                                        
Propylbenzene (all isomers)................................       A     
iso-Propylcyclohexane......................................        C    
Propylene..................................................       LFG   
Propylene-butylene copolymer...............................       III   
Propylene carbonate........................................     [III]   
Propylene dimer............................................        C    
Propylene glycol...........................................       III   
Propylene glycol n-butyl ether, see Propylene glycol                    
 monoalkyl ether...........................................       D     
Propylene glycol ethyl ether, see Propylene glycol              
 monoalkyl ether...........................................        D    
Propylene glycol methyl ether, see Propylene glycol             
 monoalkyl ether...........................................        D    
Propylene glycol methyl ether acetate......................       D     
Propylene glycol monoalkyl ether                                   D    
  Including:...............................................             
  n-Propoxypropanol........................................             
  Propylene glycol n-butyl ether...........................             
  Propylene glycol ethyl ether.............................             
  Propylene glycol methyl ether............................             
Propylene glycol phenyl ether..............................      [D]    
Propylene glycol propyl ether, see Propylene glycol                     
 monoalkyl ether...........................................       D     
Propylene polymer (in liquid mixtures).....................        #    
Propylene tetramer.........................................        B    
Propylene trimer...........................................        B    
Pseudocumene, see Trimethylbenzenes................  ...........
Rum, see Alcoholic beverages, n.o.s................  ...........
Sodium acetate, Glycol, Water mixture (containing               
 1% or less, Sodium hydroxide) (if flammable or                         
 combustible)..............................................        #    
Sodium acetate solution............................        D    
Sodium benzoate solution...........................        D    
Sodium long chain alkyl salicylate (C13+)..................      [C]    
Soyabean oil (epoxidized)..................................          [D]
Stearic acid, see Fatty acid (saturated, C13+).....       III   
Stearyl alcohol (octadecanol)..............................       III   
Sulfohydrocarbon (C3-C88)..................................       D     
Sulfohydrocarbon, long chain (C18+) alkylamine.............       B     
Sulfolane..................................................        D    
Tallow.....................................................        D    
Tallow alcohol, see Alcohols (C13+)................       III   
Tallow fatty acid..........................................        D    
Tallow alkyl nitrile.......................................        #    
Tetradecanol, see Alcohols (C13+)..................       III   
Tetradecene, see the olefin or alpha-olefin entries  ...........
Tetradecylbenzene..................................       [D]   
Tetraethylene glycol.......................................       III   
Tetrahydronaphthalene......................................        C    
Tetrapropylbenzene, see Alkyl(C9+)benzenes.........  ...........
Toluene....................................................        C    
Triarylphosphate, see Triisopropylated phenyl                   
 phosphates................................................        A    
Tributyl phosphate.........................................        B    
Tricresyl phosphate (less than 1% of the ortho isomer).....        A    
Tridecane, see n-Alkanes (C10+)....................       III   
Tridecanoic acid...........................................        B    
Tridecanol, see Alcohols (C13+)....................  ...........
Tridecene, see Olefins (C13+)......................       III   
Tridecyl acetate...........................................      III    
Tridecylbenzene....................................       [D]   
Triethylbenzene............................................        A    
Triethylene glycol.........................................       III   
Triethylene glycol butyl ether, see Poly(2-8)alkylene                   
 glycol monoalkyl(C1-C6) ether.............................        D    
Triethylene glycol butyl ether mixture.....................        #    
Triethylene glycol di-(2-ethylbutyrate)....................       [C]   
Triethylene glycol ether mixture...........................        #    
Triethylene glycol ethyl ether, see Poly(2-                     
 8)alkylene glycol monoalkyl(C1-C6) ether..................        D    
Triethylene glycol methyl ether, see Poly(2-                    
 8)alkylene glycol monoalkyl(C1-C6) ether..................        D    
Triethyl phosphate.........................................        D    
Triisooctyl trimellitate...................................        #    
Triisopropanolamine........................................       III   
Triisopropylated phenyl phosphates.........................       A     
Trimethylbenzene (all isomers).............................        A    
Trimethylol propane polyethoxylate.........................        D    
2,2,4-Trimethyl-1,3-pentanediol diisobutyrate......       III   
2,2,4-Trimethyl-3-pentanol-1-isobutyrate...................        #    
Tripropylene, see Propylene trimer.........................       @B    
Tripropylene glycol........................................       III   
Tripropylene glycol methyl ether, see Poly(2-                   
 8)alkylene glycol monoalkyl(C1-C6) ether..................        D    
Trixylenyl phosphate.......................................        A    
Trixylyl phosphate, see Trixylenyl phosphate...............       A     
Turpentine.................................................        B    
Turpentine substitute, see White spirit                 
 (low (15-20%) aromatic)...................................       @B    
Undecanol, see 1-Undecyl alcohol...................  ...........
Undecene...................................................        B    
1-Undecyl alcohol..................................        B    
Undecylbenzene.....................................       [D]   
Vegetable oils, n.o.s. (see also Oil, edible)..............       D     
    Including:                                                          
    Beechnut oil                                                        
    Castor oil                                                          
    Cocoa butter                                                        
    Coconut oil                                                         
    Corn oil                                                            
    Cottonseed oil                                                      
    Groundnut oil                                                       
    Hazelnut oil                                                        
    Linseed oil                                                         
    Nutmeg butter                                                       
    Oiticica oil                                                        
    Olive oil                                                           
    Palm kernel oil                                                     
    Palm oil                                                            
    Peel oil (oranges and lemons)                                       
    Perilla oil                                                         
    Poppy oil                                                           
    Raisin seed oil                                                     
    Rapeseed oil                                                        
    Rice bran oil                                                       
    Safflower oil                                                       
    Salad oil                                                           
    Sesame oil                                                          
    Soya bean oil                                                       
    Sunflower seed oil                                                  
    Tucum oil                                                           
    Tung oil                                                            
    Walnut oil                                                          
Vegetable acid oils and distillates, n.o.s.................       D     

[[Page 351]]

                                                                        
    Including:                                                          
    Corn acid oil                                                       
    Cottonseed acid oil                                                 
    Dark mixed acid oil                                                 
    Groundnut acid oil                                                  
    Mixed acid oil                                                      
    Mixed general acid oil                                              
    Mixed hard acid oil                                                 
    Mixed soft acid oil                                                 
    Rapeseed acid oil                                                   
    Safflower acid oil                                                  
    Soya acid oil                                                       
    Sunflower seed acid oil                                             
Waxes:                                                     D    
  Candelilla...............................................       @D    
  Carnauba.................................................       @D    
  Paraffin.................................................       III   
White spirit, see White spirit (low (15-                
 20%) aromatic)............................................  ...........
White spirit (low (15-20%) aromatic)...............        B    
Wine, see Alcoholic beverages, n.o.s...............  ...........
Xylenes (ortho-, meta-, para-).............................        C    
Zinc alkaryl dithiophosphate (C7-C16)......................       C     
Zinc alkenyl carboxamide...................................       D     
Zinc alkyl dithiophosphate (C3-C14)........................       B     
------------------------------------------------------------------------
                                                                        
denotes newly added products.                                           
Items with a bullet () or in boldface are changes since October 
  1, 1993.                                                              
                                                                        
Note: See table 2 of part 153 for additional cargoes permitted to be    
  carried by tank barge.                                                
                                                                        
Explanation of Symbols: As used in this table the following stands for: 
                                                                        
A, B, C, D--NLS Category of Annex II of MARPOL 73/78.                   
                                                                        
I--Considered an ``oil'' under Annex I of MARPOL 73/78.                 
                                                                        
III--Appendix III of Annex II (non-NLS cargoes) of MARPOL 73/78.        
                                                                        
LFG--Liquefied flammable gas.                                           
                                                                        
#--No determination of NLS status. For shipping on an oceangoing vessel,
  see 46 CFR 153.900(c).                                                
                                                                        
[ ]--A NLS category in brackets indicates that the product is           
  provisionally categorized and that further data are necessary to      
  complete the evaluation of its pollution hazards. Until the hazard    
  evaluation is completed, the pollution category assigned is used.     
                                                                        
@--The NLS category has been assigned by the U.S. Coast Guard, in       
  absence of one assigned by the IMO. The category is based upon a      
  GESAMP Hazard Profile or by analogy to a closely related product      
  having an NLS assigned.                                               
                                                                        
--The provisions contained in 46 CFR part 197, subpart C, may   
  apply to this cargo.                                                  
                                                                        
Abbreviations for Noxious liquid Cargoes:                               
                                                                        
 N.F.--non-flammable (flash point greater than 60 degrees C (140 degrees
  F) cc).                                                               
F.--flammable (flash point less than or equal to 60 degrees C (140      
  degrees F) cc).                                                       
n.o.s.--not otherwise specified.                                        
ST--Ship type.                                                          
Cat--Pollution category.                                                
                                                                        
Words in italics are not part of the the cargo name but may be used in  
  addition to the cargo name.                                           
                                                                        
When one entry references another entry by use of the word ``see'', and 
  both names are in roman type, either name may be used as the cargo    
  name (e.g., Diethyl ether, see Ethyl ether). However, the referenced  
  entry is preferred.                                                   


[CGD 81-101, 53 FR 28972, Aug. 1, 1988, as amended by CGD 88-100, 54 FR 
40009, Sept. 29, 1989; CGD 88-100, 55 FR 17276, Apr. 24, 1990; CGD 88-
040, 56 FR 52122, Oct. 17, 1991; CGD 92-100, 59 FR 17005, Apr. 11, 1994; 
CGD 94-900, 59 FR 45135, Aug. 31, 1994; CGD 94-902, 60 FR 34042, 34045, 
June 29, 1995; CGD 95-900, 60 FR 39267, Aug. 2, 1995]



Sec. 30.25-3  Benzene.

    The provisions contained in 46 CFR part 197, subpart C, apply to 
liquid cargoes containing 0.5% or more benzene by volume.

[CGD 88-040, 56 FR 65006, Dec. 13, 1991]



   Subpart 30.30--Interim Procedures for Evaluating Vessel Personnel 
        Licensing and Certification Programs of Foreign Countries

    Source: CGD 79-081a, 45 FR 23427, Apr. 7, 1980, unless otherwise 
noted.



Sec. 30.30-1  Scope and purpose.

    (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.



Sec. 30.30-3  Evaluation materials.

    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.

[[Page 352]]

    (b) A copy of each type of license and certificate issued by the 
country to tank vessel personnel.



Sec. 30.30-5  Submission of evaluation materials.

    (a) The evaluation materials listed in Sec. 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.

[CGD 79-081a, 45 FR 23427, Apr. 7, 1980, as amended by CGD 95-072, 60 FR 
50461, Sept. 29, 1995; CGD 96-041, 61 FR 50726, Sept. 27, 1996]



Sec. 30.30-7  Availability of materials.

    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, 2100 Second Street, SW., Washington, DC 20593. Telephone: 
(202) 267-2978.

[CGD 79-081a, 45 FR 23427, Apr. 7, 1980, as amended by CGD 95-072, 60 FR 
50461, Sept. 29, 1995]



Sec. 30.30-9  Evaluation.

    Materials submitted in accordance with this subpart will be 
evaluated by comparison to the regulations in parts 5, 10, and 12 of 
this chapter, and by comparison to the U.S. laws referenced in those 
regulations.



Sec. 30.30-11  Determinations.

    (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 Sec. 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 Federal Register. A copy of this notice will also be sent to the 
person whose name is provided in accordance with Sec. 30.30-5.
    (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 Sec. 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.



PART 31--INSPECTION AND CERTIFICATION--Table of Contents




                         Subpart 31.01--General

Sec.
31.01-1  Inspections required--TB/ALL.
31.01-5  Scope of initial inspection--TB/ALL.
31.01-10  Authority of marine inspectors--TB/ALL.
31.01-15  Application for inspection--TB/ALL.
31.01-20  Application for inspection of a new tank vessel or conversion 
          of a vessel to a tank vessel--TB/ALL.

                Subpart 31.05--Certificates of Inspection

31.05-1  Issuance of certificate of inspection--TB/ALL.
31.05-5  Posting the certificate of inspection--TB/ALL.
31.05-10  Period of validity of certificate of inspection--TB/ALL.
31.05-15  Certificate of inspection; terms; endorsements--TB/ALL.

                       Subpart 31.10--Inspections

31.10-1  Recognized classification society--TB/ALL.
31.10-5  Inspection of new tank vessels--TB/ALL.
31.10-10  Vessels converted to tank vessels--TB/ALL.
31.10-15  Inspection for certification--TB/ALL.
31.10-16  Inspection and certification of cargo gear--TB/ALL.
31.10-17  Reinspection--TB/ALL.
31.10-18  Firefighting equipment: General--TB/ALL.
31.10-18a  Liquefied gas vessels: additional firefighting equipment 
          inspections.
31.10-19  All firefighting equipment may be tested--TB/ALL.
31.10-20  Definitions relating to hull examinations--T/B ALL.
31.10-21  Drydock examination, internal structural examination, cargo 
          tank internal examination, and underwater survey intervals--
          TB/ALL.

[[Page 353]]

31.01-21a  Periodic gauging of tank vessel midbodies more than 30 years 
          old that carry certain oil cargoes--TB/ALL.
31.10-22  Notice and plans required.
31.10-24  Integral fuel oil tank examinations--T/ALL.
31.10-25  Inspection covering repairs and alterations involving safety--
          TB/ALL.
31.10-30  Stability requirements--TB/ALL.
31.10-32  Loading information--TB/ALL.
31.10-33  Bulk grain cargoes--TB/ALL.
31.10-35  Permit to proceed to another port for repair--TB/ALL.
31.10-40  Inspection during trial trip--T/ALL.
31.10-45  Inspection of crew accommodations--TB/ALL.
31.10-50  Inspection of bilges--TB/ALL.

                 Subpart 31.15--Manning of Tank Vessels

31.15-1  Licensed officers and crews--TB/ALL.
31.15-5  Tank barges--B/ALL.
31.15-10  Towing vessels may carry persons in addition to crew--B/LBR.

                   Subpart 31.20--Waters Operated Over

31.20-1  Waters--TB/ALL.

                        Subpart 31.25--Load Lines

31.25-1  Load lines required--TB/OCL.

                    Subpart 31.30--Marine Engineering

31.30-1  Marine engineering regulations and material specifications--TB/
          ALL.

                  Subpart 31.35--Electrical Engineering

31.35-1  Electrical installations, lighting and power equipment, 
          batteries, etc.--TB/ALL.
31.35-5  Communications; alarm systems, telephone and voice tube 
          systems, engine telegraph systems, etc.--TB/ALL.

          Subpart 31.36--Lifesaving Appliances and Arrangements

31.36-1  Lifesaving appliances and arrangements--TB/ALL.

                 Subpart 31.37--Inspection of Cargo Gear

31.37-1  When made--TB/ALL.
31.37-3  Definitions of terms and words used in this subpart--TB/ALL.
31.37-5  Tests and examinations of shipboard cargo gear--TB/ALL.
31.37-15  Cargo gear plans required when plans are not approved by a 
          classification society or recognized cargo gear organization--
          TB/ALL.
31.37-20  Cargo gear plans approved by a classification society--TB/ALL.
31.37-23  Cargo gear plans approved by a recognized cargo gear 
          organization--TB/ALL.
31.37-25  Factors of safety.
31.37-30  Loose gear certificates and tests--TB/ALL.
31.37-35  Test and certification of wire rope--TB/ALL.
31.37-40  Proof test of cargo gear as a unit--TB/ALL.
31.37-45  Marking of booms and cranes--TB/ALL.
31.37-50  Use of wire rope and chains--TB/ALL.
31.37-55  Annealing--TB/ALL.
31.37-60  Additions to gear--TB/ALL.
31.37-65  Alterations, renewals, or repairs of cargo gear--TB/ALL.
31.37-70  Responsibility of ship's officer for inspection of cargo 
          gear--TB/ALL.
31.37-75  Records regarding cargo gear--TB/ALL.
31.37-80  Advance notice that cargo gear testing is desired--TB/ALL.
31.37-85  Responsibility for conducting required tests and 
          examinations--TB/ALL.

Subpart 31.40--Certificates Under International Convention for Safety of 
                            Life at Sea, 1974

31.40-1  Application--T/ALL.
31.40-5  Cargo Ship Safety Construction Certificate--T/ALL.
31.40-10  Cargo Ship Safety Equipment Certificate--T/ALL.
31.40-15  Cargo Ship Safety Radiotelegraphy Certificate--T/ALL.
31.40-20  Cargo Ship Safety Radiotelephony Certificate--T/ALL.
31.40-25--Exemption Certificate--T/ALL.
31.40-35  Posting of Convention certificates--T/ALL.
31.40-40  Duration of Convention certificates--T/ALL.
31.40-45  American Bureau of Shipping--T/ALL.

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 3703; 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. Section 
31.10-21a also issued under the authority of Sect. 4109, Pub. L. 101-
380, 104 Stat. 515.

    Source: CGFR 65-50, 30 FR 16662, Dec. 30, 1965, unless otherwise 
noted.



                         Subpart 31.01--General



Sec. 31.01-1  Inspections required--TB/ALL.

    (a) Every tank vessel subject to the regulations in this subchapter 
shall be inspected biennially, annually, or

[[Page 354]]

oftener, 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.

[CGFR 65-50, 30 FR 16662, Dec. 30, 1965, as amended by CGFR 70-10, 35 FR 
3709, Feb. 25, 1970; CGD 80-009, 48 FR 36458, Aug. 11, 1983; CGD 79-023, 
48 FR 51006, Nov. 4, 1983; CGD 84-069, 61 FR 25286, May 20, 1996]



Sec. 31.01-5   Scope of initial inspection--TB/ALL.

    The initial inspection, which may consist of a series of inspections 
during the construction of a vessel, shall include a complete inspection 
of the structure, including the outside of the vessel's bottom, the 
machinery, unfired pressure vessels, equipment and the inside and 
outside of the boilers. The inspection shall be such as to insure that 
the arrangements, material, and scantlings of the structure, boilers and 
other pressure vessels and their appurtenances, piping, main and 
auxiliary machinery, electrical installations, lifesaving appliances, 
fire-detecting and extinguishing equipment, pilot boarding equipment and 
other equipment fully comply with the applicable regulations for such 
vessel and are in accordance with approved plans, and determine that the 
vessel is in possession of a valid certificate issued by the Federal 
Communications Commission, if any. The inspection shall be such as to 
ensure that the workmanship of all parts of the vessel and its equipment 
is in all respects satisfactory and that the vessel is provided with 
lights, means of making sound signals, and distress signals as required 
by applicable statutes and regulations.

[CGFR 65-50, 30 FR 16662, Dec. 30, 1965, as amended by CGFR 68-32, 33 FR 
5712, Apr. 12, 1968; CGFR 68-82, 33 FR 18804, Dec. 18, 1968; CGD 82-036, 
48 FR 654, Jan. 6, 1983; CGD 79-032, 49 FR 25455, June 21, 1984; CGD 95-
012, 60 FR 48049, Sept. 18, 1995]



Sec. 31.01-10   Authority of marine inspectors--TB/ALL.

    Inspectors may at any time lawfully inspect any tank vessel.



Sec. 31.01-15   Application for inspection--TB/ALL.

    (a) Application in writing for the inspection incident to the 
issuance or reissuance of a certificate of inspection to every tank 
vessel required to be inspected by law and the regulations in this 
subchapter shall be made by the master, owner, or agent to the Officer 
in Charge, Marine Inspection, at any local marine inspection office, 
U.S. Coast Guard, where the vessel may be operated.
    (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.



Sec. 31.01-20   Application for inspection of a new tank vessel or conversion of a vessel to a tank vessel--TB/ALL.

    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 Sec. 31.10-1.)

[[Page 355]]



                Subpart 31.05--Certificates of Inspection



Sec. 31.05-1  Issuance of certificate of inspection--TB/ALL.

    (a) When a tank vessel is found to comply with the regulations in 
this subchapter, and applicable provisions of subchapters E, F, J, O, Q, 
S, and W of this chapter and 33 CFR parts 155 and 157, a certificate of 
inspection will be issued to it, or to its owners, by the Officer in 
Charge, Marine Inspection.
    (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 Inspected and approved for the 
carriage of flammable or combustible liquids of Grade A, B, C, D, or E 
(as the case may be), and such endorsement shall serve as a permit for 
such vessel to operate. The endorsement for the carriage of liquefied 
flammable gases is set forth in Sec. 38.01-5 of this subchapter.
    (c) The certificate of inspection shall be delivered to the master 
or owner of the tank vessel to which it relates.

[CGFR 65-50, 30 FR 16662, Dec. 30, 1965, as amended by CGD 73-96, 42 FR 
49024, Sept. 26, 1977; CGD 79-023, 48 FR 51006, Nov. 4, 1983; CGD 84-
069, 61 FR 25286, May 20, 1996]



Sec. 31.05-5   Posting the certificate of inspection--TB/ALL.

    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.



Sec. 31.05-10   Period of validity of certificate of inspection--TB/ALL.

    (a) Certificates of inspection will be issued for periods of either 
1 or 2 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.

[CGFR 68-82, 33 FR 18804, Dec. 18, 1968, as amended by CGD 95-012, 60 FR 
48049, Sept. 18, 1995]



Sec. 31.05-15   Certificate of inspection; terms; endorsements--TB/ALL.

    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.



                       Subpart 31.10--Inspections



Sec. 31.10-1   Recognized classification society--TB/ALL.

    (a) In the inspection of hulls, boilers, and machinery, the current 
standards established by the American Bureau of Shipping and designated 
Rules for Building and Classing Steel Vessels respecting material and 
construction of hulls, boilers, and machinery, except as otherwise 
provided for by law and regulations in this chapter, shall be accepted 
as standard by the Coast Guard.
    (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 Rules for Building and 
Classing Steel Vessels is usually published annually and may be 
purchased from the American Bureau of Shipping, Two World Trade Center, 
106th Floor, New York, NY 10048. These standards may be also examined at 
the office of the Commandant (G-M), U.S. Coast Guard, Washington, DC 
20593-0001, or at the office of any Coast Guard District Commander or 
Officer in Charge, Marine Inspection.
    (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

[[Page 356]]

for by laws and regulations in this chapter.

[CGFR 65-50, 30 FR 16662, Dec. 30, 1965, as amended by CGFR 68-32, 33 FR 
5712, Apr. 12, 1968; CGD 88-070, 53 FR 34533, Sept. 7, 1988; 53 FR 
37570, Sept. 27, 1988; 53 FR 44011, Nov. 1, 1988; CGD 95-072, 60 FR 
50461, Sept. 29, 1995]



Sec. 31.10-5   Inspection of new tank vessels--TB/ALL.

    (a) Plans. Triplicate copies of contract plans and specifications 
shall be forwarded to the Officer in Charge, Marine Inspection, in whose 
district the construction will take place, for submission to 
Headquarters for approval, but if the tank vessel is to be classed, such 
plans and specifications shall first be approved by a recognized 
classification society. If the plans and specifications are found to be 
in substantial agreement with the regulations in this chapter, they 
shall be approved, properly stamped and dated and distributed as 
follows: One set to owner or builder; one set to Officer in Charge, 
Marine Inspection, of the district in which the vessel is to be built; 
and one set shall be retained at Headquarters. If such plans and 
specifications are not approved, Headquarters shall notify the owner or 
builder promptly wherein they fail to comply with the regulations in 
this chapter. For list of electrical plans see subchapter J (Electrical 
Engineering) of this chapter.
    (1) The plans and specifications shall include the arrangement of 
the cargo gear. The principal details of the gear and the safe working 
load for each component part shall be shown. (See Sec. 31.10-16 and 
subpart 31.37 for applicable requirements.)
    (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 Sec. 32.16-1 of this subchapter.
    (b) Inspection. During construction, and upon completion of each 
tank vessel, it shall be inspected by the Officer in Charge, Marine 
Inspection, to determine whether it has been built in accordance with 
the approved plans and specifications, and, if so, a certificate of 
inspection endorsed as a permit for the carriage of flammable or 
combustible liquids in bulk for the proper grade or grades of cargo 
shall be issued to the vessel or its owner.
    (c) Certificate of class may be accepted. In the event such tank 
vessel is classed by the American Bureau of Shipping or other recognized 
classification society, the approved plans and certificates of such 
society may be accepted by the Coast Guard as evidence of the structural 
efficiency of the hull and reliability of machinery, except as otherwise 
provided for by law and the rules and regulations in this subchapter.

[CGFR 65-50, 30 FR 16662, Dec. 30, 1965, as amended by CGD 74-125A, 47 
FR 15230, Apr. 8, 1982; CGD 85-099, 55 FR 32247, Aug. 8, 1990]



Sec. 31.10-10   Vessels converted to tank vessels--TB/ALL.

    The procedure for the inspection of vessels converted to tank 
vessels shall conform to the inspection for new tank vessels as called 
for in Sec. 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.



Sec. 31.10-15   Inspection for certification--TB/ALL.

    (a) The Officer in Charge, Marine Inspection, shall once in every 2 
years, at least, carefully inspect such tank vessel within his 
jurisdiction and shall satisfy himself that every such vessel so 
inspected is of a structure suitable for the carriage of flammable and/
or combustible liquids in bulk and for the proper grade or grades of 
such cargo in the service in which she is employed. If the Officer in 
Charge, Marine Inspection, deems it expedient, he may direct the vessel 
to be put in motion, and may adopt any other suitable means to test her 
sufficiency and that of her 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

[[Page 357]]

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.

[CGFR 65-50, 30 FR 16662, Dec. 30, 1965, as amended by CGFR 68-32, 33 FR 
5712, Apr. 12, 1968; CGFR 68-82, 33 FR 18804, Dec. 18, 1968; CGD 82-036, 
48 FR 655, Jan. 6, 1983; CGD 79-032, 49 FR 25455, June 21, 1984; CGD 95-
012, 60 FR 48049, Sept. 18, 1995; CGD 95-027, 61 FR 25997, May 23, 1996]



Sec. 31.10-16   Inspection and certification of cargo gear--TB/ALL.

    (a) An inspection of the cargo gear shall be required. The 
inspection may consist of tests and examinations to determine the 
condition and suitability of the cargo gear. Current valid certificates 
and registers of cargo gear, issued by recognized nonprofit 
organizations or associations approved by the Commandant may be accepted 
as prima facie evidence of the condition and suitability of the cargo 
gear. Cargo gear certificates and registers will not be issued by the 
Coast Guard.
    (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 therein described complies with 
standards equal to or exceeding those set forth in subpart 31.37.
    (c) Competent persons for the purposes of this section and subpart 
31.37 are:
    (1) Coast Guard marine inspectors;
    (2) Surveyors of the organizations or associations approved by the 
Commandant;
    (3) Such other persons as are authorized by the regulations in 
subpart 31.37 as may be required; and,
    (4) 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.
    (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) It is the responsibility of the master to have a ship's officer 
inspect cargo gear when required by subpart 31.37. For those inspected 
vessels which do not have valid cargo gear certificates and registers as 
provided by this section, such vessels will be required to have their 
shipboard cargo gear undergo tests and inspections in accordance with 
the provisions of subpart 31.37.



Sec. 31.10-17   Reinspection--TB/ALL.

    (a) At least one reinspection shall be made on each vessel holding a 
certificate of inspection valid for two years. This reinspection will be 
made, where possible, between the tenth and fourteenth month of the 
period for which the certificate is valid. No written application for 
reinspection will be required.

[[Page 358]]

    (b) The inspector shall examine all accessible parts of the vessel's 
hull, machinery, and equipment to be assured that it is in a 
satisfactory condition.
    (c) In general, the scope of the reinspection shall be the same as 
for the inspection for certification, but will be in less detail unless 
it is determined that a major change has occurred since the last 
inspection.
    (d) Nothing in this subpart shall be construed as limiting the 
inspector from making such tests or inspections as he deems necessary to 
be assured of the seaworthiness of the vessel.
    (e) If the reinspection reveals deficiencies in the maintenance as 
called for by the regulations in this subchapter, such necessary repairs 
or improvements shall be made as may be ordered.



Sec. 31.10-18   Firefighting equipment: General--TB/ALL.

    (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:

                            Table 31.10-18(b)                           
------------------------------------------------------------------------
                Type unit                               Test            
------------------------------------------------------------------------
Soda acid................................  Discharge. Clean hose and    
                                            inside of extinguisher      
                                            thoroughly. Recharge.       
Foam.....................................  Discharge. Clean hose and    
                                            inside of extinguisher      
                                            thoroughly. Recharge.       
Pump tank (water or antifreeze)..........  Discharge. Clean hose and    
                                            inside of extinguisher      
                                            thoroughly. Recharge with   
                                            clean water or antifreeze.  
Cartridge operated (water, antifreeze or   Examine pressure cartridge   
                     loaded stream).        and replace if end is       
                                            punctured or if cartridge is
                                            otherwise determined to have
                                            leaked or to be in          
                                            unsuitable condition. Remove
                                            liquid, clean hose and      
                                            inside of extinguisher      
                                            thoroughly. Recharge with   
                                            clean water, solution, or   
                                            antifreeze. Insert charged  
                                            cartridge.                  
Stored pressure (water, antifreeze or      See that pressure gage is in 
                     loaded stream).        operating range. If not, or 
                                            if seal is broken, weigh or 
                                            otherwise determine that    
                                            full charge is in           
                                            extinguisher. Recharge if   
                                            pressure is low or if       
                                            extinguishing agent is      
                                            needed.                     
Carbon dioxide...........................  Weigh cylinders. Recharge if 
                                            weight loss exceeds 10      
                                            percent of weight of charge.
                                            Inspect hose and nozzle to  
                                            be sure they are clear.\1\  
Dry chemical (cartridge-operated type)...  Examine pressure cartridge   
                                            and replace if end is       
                                            punctured or if cartridge is
                                            otherwise determined to have
                                            leaked or to be in          
                                            unsuitable condition.       
                                            Inspect hose and nozzle to  
                                            see if they are clear.      
                                            Insert charged cartridge. Be
                                            sure dry chemical is        
                                            freeflowing (not caked) and 
                                            chamber contains full       
                                            charge.                     
Dry chemical (stored pressure type)......  See that pressure gage is in 
                                            operating range. If not, or 
                                            if seal is broken, weigh or 
                                            otherwise determine that    
                                            full charge of dry chemical 
                                            is in extinguisher. Recharge
                                            if pressure is low or if dry
                                            chemical is needed.         
Vaporizing liquid \2\ (pump type)........  Pump a few strokes into clean
                                            pail and replace liquid.    
                                            Keep water out of           
                                            extinguisher or liquid. Keep
                                            extinguisher completely full
                                            of liquid.                  
Vaporizing liquid \2\ (stored pressure     See that pressure gage is in 
                              type).        operating range. Weigh or   
                                            check liquid level to       
                                            determine that full charge  
                                            of liquid is in             
                                            extinguisher. Recharge if   
                                            pressure is low or if liquid
                                            is needed.                  
------------------------------------------------------------------------
\1\ Cylinders must be tested and marked, and all flexible connections   
  and discharge hoses of semi-portable carbon dioxide and halon         
  extinguishers must be tested or renewed, as required by Secs.  147.60 
  and 147.65 of this chapter.                                           
\2\ Vaporizing-liquid type fire extinguishers containing carbon         
  tetrachloride or chlorobromomethane or other toxic vaporizing liquids 
  shall be removed from all vessels.                                    

    (c) The following tests and inspections of fixed fire extinguishing 
equipment shall be made:

[[Page 359]]



                            Table 31.10-18(c)                           
------------------------------------------------------------------------
               Type system                              Test            
------------------------------------------------------------------------
Foam.....................................  Systems utilizing a soda     
                                            solution shall have such    
                                            solution replaced. In all   
                                            cases, ascertain that powder
                                            is not caked.               
Carbon dioxide...........................  Weigh cylinders. Recharge if 
                                            weight loss exceeds 10      
                                            percent of weight of        
                                            charge.\1\                  
------------------------------------------------------------------------
\1\ Cylinders must be tested and marked, and all flexible connections on
  fixed carbon dioxide and halon extinguishers must be tested or        
  renewed, as required by Secs.  147.60 and 147.65 of this chapter.     

    (d) Deck foam systems shall be tested biennially 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. Prior to the biennial 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 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 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 using hammer test or such other means as may be necessary.

[CGFR 65-50, 30 FR 16662, Dec. 30, 1965, as amended by CGFR 68-32, 33 FR 
5712, Apr. 12, 1968; CGD 84-044, 53 FR 7748, Mar. 10, 1988]



Sec. 31.10-18a  Liquefied gas vessels: additional firefighting equipment inspections.

    (a) Once during each 12 month period after the month an original 
Certificate of Inspection is issued for a liquefied gas vessel under 
Sec. 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.

[CGD 74-289, 44 FR 26006, May 3, 1979]



Sec. 31.10-19   All firefighting equipment may be tested--TB/ALL.

    (a) During the inspection of fire-fighting equipment, the Officer in 
Charge, Marine Inspection, may require fire apparatus to be tested, and

[[Page 360]]

used, except as provided under Secs. 31.10-18(h) and 34.15-90(a) of this 
subchapter.



Sec. 31.10-20   Definitions relating to hull examinations--T/B ALL.

    As used in this part--
    (a) Drydock examination means hauling out a vessel or placing a 
vessel in a drydock or slipway for an examination of all accessible 
parts of the vessel's underwater body and all through-hull fittings, sea 
chests, sea valves, sea strainers, and valves for the emergency bilge 
suction.
    (b) Internal structural examination means an examination of the 
vessel while afloat or in drydock and consists of a complete examination 
of the vessel's main strength members, including the major internal 
framing, the hull plating, voids, and ballast tanks, but not including 
cargo or fuel oil tanks.
    (c) Cargo tank internal examination means an examination of the 
vessel while afloat or in drydock and consists of an examination of the 
internals of all cargo tanks; except, if the vessel is certificated to 
carry cargoes regulated under part 38 or subchapter O of this chapter, 
the cargo tank internal examination must be accomplished as specified in 
parts 38 and 151 of this chapter respectively.
    (d) Underwater survey means the examination, while the vessel is 
afloat, of all accessible parts of the vessel's underwater body and all 
through-hull fittings, sea chests, sea valves, sea strainers, and valves 
for the emergency bilge suction.

[CGD 84-024, 52 FR 39649, Oct. 23, 1987, as amended at 53 FR 32229, Aug. 
24, 1988]



Sec. 31.10-21   Drydock examination, internal structural examination, cargo tank internal examination, and underwater survey intervals--TB/ALL.

    (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.

[[Page 361]]

[GRAPHIC] [TIFF OMITTED] TR30JY96.000



[[Page 362]]

    (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 two examinations within any five year period. No 
more than three years may elapse between any two examinations.

[[Page 363]]

[GRAPHIC] [TIFF OMITTED] TR30JY96.001



[[Page 364]]

    (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 sea chests, sea 
valves, and other 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 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 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.

[CGD 84-024, 52 FR 39649, Oct. 23, 1987, as amended at 53 FR 32230, Aug. 
24, 1988; 53 FR 34872, Sept. 8, 1988; CGD 95-072, 60 FR 50461, Sept. 29, 
1995; CGD 91-045, 61 FR 39792, July 30, 1996; CGD 96-041, 61 FR 50726, 
Sept. 27, 1996]

    Effective Date Notes: 1. At 61 FR 39792, July 30, 1996, in 
Sec. 31.10-21, Table 31.10-21(a) was revised, effective November 27, 
1996. For the convenience of the user, the superseded text is set forth 
as follows:
Sec. 31.10-21  Drydock examination, internal structural examination, 
cargo tank internal examination, and underwater survey intervals--TB/
ALL.
    (a) * * *
    (1) * * *

[[Page 365]]



                                      Table 31.10-21(a)--Salt Water Service Vessels Examination Intervals in Years                                      
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                      Single hull                                       
                                                  Double hull  Double hull  Single hull                 ship and   Double hull                          
                                     Single hull   barge with   barge with   barge with   Wood hull   barge Grade  barge Grade  Single hull  Double hull
                                       ship and     internal     external   independent    ship and     D and E      D and E      asphalt      asphalt  
                                        barge     framing \1\  framing \2\   tanks \3\      barge       cargoes      cargoes     barge \6\    barge \7\ 
                                                                                                        only \4\     only \5\                           
--------------------------------------------------------------------------------------------------------------------------------------------------------
Drydock............................          2.5          5.0          5.0          5.0          2.5          2.5          5.0          2.5          5.0
Internal structural................          2.5          2.5          2.5          2.5          5.0          5.0          2.5         10.0          2.5
Cargo tank internal................      \8\ 2.5      \8\ 5.0     \8\ 10.0     \8\ 10.0      \8\ 2.5          5.0         10.0         10.0         15.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:                                                                                                                                                  
\1\ Applicable to double hull tank barges (double sides, ends, and bottoms) when the structural framing is on the internal tank surface.                
\2\ Applicable to double hull tank barges (double sides, ends, and bottoms) when the structural framing is on the external tank surface accessible for  
  examination from voids, double bottoms, and other similar spaces.                                                                                     
\3\ Applicable to single hull tank barges with independent cargo tanks where the cargo tanks are not a contiguous part of the hull structure and which  
  has adequate clearance between the tanks and between the tanks and the vessel's hull to provide access for examination of all tank surfaces and the   
  hull structure.                                                                                                                                       
\4\ Applicable to single hull tank ships and tank barges certificated for the carriage of Grade D and E cargos only.                                    
\5\ Applicable to double hull tank barges (double sides, ends, and bottoms) certificated for the carriage of Grade D and E cargos only.                 
\6\ Applicable to single hull tank barges certificated for the carriage of asphalt only.                                                                
\7\ Applicable to double hull tank barges (double sides, ends, and bottoms) certificated for the carriage of asphalt only.                              
\8\ Or as specified in part 38 or 151 as applicable.                                                                                                    


[[Page 366]]

                                * * * * *

    Effective Date Notes: 2. At 61 FR 39793, July 30, 1996, in 
Sec. 31.10-21, Table 31.10-21(b) was revised, effective November 27, 
1996. For the convenience of the user, the superseded text is set forth 
as follows:
Sec. 31.10-21  Drydock examination, internal structural examination, 
cargo tank internal examination, and underwater survey intervals--TB/
ALL.
    (a) * * *
    (2) * * *

[[Page 367]]



                                      Table 31.10-21(b)--Fresh Water Service Vessels Examination Intervals in Years                                     
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                      Single hull                                       
                                                  Double hull  Double hull  Single hull                 ship and   Double hull                          
                                     Single hull   barge with   barge with   barge with   Wood hull   barge grade  barge grade  Single hull  Double hull
                                       ship and     internal     external   independent    ship and     D and E      D and E      asphalt      asphalt  
                                        barge     framing \1\  framing \2\   tanks \3\      barge       cargoes      cargoes     barge \6\    barge \7\ 
                                                                                                        only \4\     only \5\                           
--------------------------------------------------------------------------------------------------------------------------------------------------------
Drydock............................          5.0         10.0         10.0         10.0          2.5          5.0         10.0          5.0         10.0
Internal structural................          5.0          5.0          5.0          5.0          5.0          5.0          5.0         10.0          5.0
Cargo tank internal................      \8\ 5.0      \8\ 5.0     \8\ 10.0     \8\ 10.0      \8\ 2.5          5.0         10.0         10.0         15.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:                                                                                                                                                  
\1\ Applicable to double hull tank barges (double sides, ends, and bottoms) when the structural framing is on the internal tank surface.                
\2\ Applicable to double hull tank barges (double sides, ends, and bottoms) when the structural framing is on the external tank surface accessible for  
  examination from voids, double bottoms, and other similar spaces.                                                                                     
\3\ Applicable to single hull tank barges with independent cargo tanks where the cargo tanks are not a contiguous part of the hull structure and which  
  has adequate clearance between the tanks and between the tanks and the vessel's hull to provide access for examination of all tank surfaces and the   
  hull structure.                                                                                                                                       
\4\ Applicable to single hull tank ships and tank barges certificated for the carriage of grade D and E cargos only.                                    
\5\ Applicable to double hull tank barges (double sides, ends, and bottoms) certificated for the carriage of grade D and E cargos only.                 
\6\ Applicable to single hull tank barges certificated for the carriage of asphalt only.                                                                
\7\ Applicable to double hull tank barges (double sides, ends, and bottoms) certificated for the carriage of asphalt only.                              
\8\ Or as specified in part 38 or 151 as applicable.                                                                                                    


[[Page 368]]

                                * * * * *



Sec. 31.10-21a  Periodic gauging of tank vessel midbodies more than 30 years old that carry certain oil cargoes--TB/ALL.

    (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.

[CGD 91-209, 58 FR 52602, Oct. 8, 1993]



Sec. 31.10-22  Notice and plans required.

    (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.

[CGD 84-024, 52 FR 39651, Oct. 23, 1987]



Sec. 31.10-24  Integral fuel oil tank examinations--T/ALL.

    (a) Each fuel oil tank with at least one side integral to the 
vessel's hull and located within the hull (integral fuel oil tank) is 
subject to inspection as provided in this section. The owner or

[[Page 369]]

operator of the vessel shall have the tanks cleaned out and gas freed as 
necessary to permit internal examination of the tank or tanks designated 
by the marine inspector. The owner or operator shall arrange for an 
examination of the fuel tanks of each vessel during an internal 
structural examination at intervals not to exceed five years.
    (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 that the general 
condition of the tanks is satisfactory.
    (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.

[CGD 84-024, 52 FR 39651, Oct. 23, 1987, as amended at 53 FR 32230, Aug. 
24, 1988]



Sec. 31.10-25   Inspection covering repairs and alterations involving safety--TB/ALL.

    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.



Sec. 31.10-30  Stability requirements--TB/ALL.

    Each tank vessel must meet the applicable requirements in subchapter 
S of this chapter.

[CGD 79-023, 48 FR 51006, Nov. 4, 1983]



Sec. 31.10-32  Loading information--TB/ALL.

    (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 Sec. 42.15-1(a) or Sec. 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

[[Page 370]]

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.

[CGD 75-041, 42 FR 28887, June 6, 1977; 42 FR 35650, July 11, 1977]



Sec. 31.10-33   Bulk grain cargoes--TB/ALL.

    (a) Tank vessels that are designed to carry bulk liquids and that 
have two or more longitudinal divisions may carry grain in bulk if each 
tank, other than one pair of wing tanks, is trimmed full; or
    (1) The owner submits calculations to either the Commandant or the 
National Cargo Bureau, Inc., 30 Vesey Street, New York, NY 10007-2914, 
showing that under the most unfavorable loading conditions, the vessel 
will not heel more than 5 degrees due to a grain shift having a 
resulting grain surface of 12 degrees to the horizontal; and
    (2) The master complies with part C of the Annex to International 
Maritime Organization (IMO, formerly Inter-Governmental Maritime 
Consultative Organization or IMCO) Resolution A.264(VIII), where 
applicable. As used in Resolution A.264 (VIII), the term Administration 
means U.S. Coast Guard. Copies of Resolution A.264(VIII) may be obtained 
from the National Cargo Bureau, Inc., 30 Vesey Street, New York, NY 
10007-2914, the Commandant (G-M), U.S. Coast Guard, Washington, DC 
20593-0001; or the office of any Coast Guard District Commander or 
Officer in Charge, Marine Inspection. The provisions of IMO Resolution 
A.264 (VIII) are published separately in U.S. Coast Guard Navigation and 
Inspection Circular No. 3-75 dated August 20, 1975.
    (b) Notwithstanding the provisions of 46 CFR 56.50-50, bilges must 
be properly prepared and sounding pipes in place, clear and operable. If 
bilges are not present, suctions must be boxed.
    (c) The vessel must comply with 46 CFR 93.20-15.
    (d) Tank vessels that carry grain in bulk, but that do not meet the 
requirements of paragraph (a) of this section, must meet the 
requirements of 46 CFR 93.20.

[CGD 74-182, 40 FR 36343, Aug. 20, 1975, as amended by CGD 80-123, 45 FR 
64586, Sept. 30, 1980; CGD 82-072, 47 FR 28677, July 1, 1982; CGD 82-
063b, 48 FR 4781, Feb. 3, 1983; CGD 88-070, 53 FR 34533, Sept. 7, 1988; 
CGD 95-072, 60 FR 50461, Sept. 29, 1995]



Sec. 31.10-35   Permit to proceed to another port for repair--TB/ALL.

    (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 Sec. 31.05-5 for a certificate of inspection.



Sec. 31.10-40   Inspection during trial trip--T/ALL.

    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.



Sec. 31.10-45   Inspection of crew accommodations--TB/ALL.

    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.


[[Page 371]]





Sec. 31.10-50   Inspection of bilges--TB/ALL.

    (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.



                 Subpart 31.15--Manning of Tank Vessels



Sec. 31.15-1  Licensed officers and crews--TB/ALL.

    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.

[CGD 79-116, 60 FR 17155, Apr. 4, 1995]



Sec. 31.15-5  Tank barges--B/ALL.

    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.

[CGD 81-059, 54 FR 151, Jan. 4, 1989]



Sec. 31.15-10   Towing vessels may carry persons in addition to crew--B/LBR.

    (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.



                   Subpart 31.20--Waters Operated Over



Sec. 31.20-1   Waters--TB/ALL.

    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.



                        Subpart 31.25--Load Lines



Sec. 31.25-1   Load lines required--TB/OCL.

    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.

[CGFR 69-72, 34 FR 17481, Oct. 29, 1969]



                    Subpart 31.30--Marine Engineering



Sec. 31.30-1   Marine engineering regulations and material specifications--TB/ALL.

    (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.

[CGFR 68-82, 33 FR 18804, Dec. 18, 1968]



                  Subpart 31.35--Electrical Engineering



Sec. 31.35-1   Electrical installations, lighting and power equipment, batteries, etc.--TB/ALL.

    All tank vessels are subject to the regulations contained in 
subchapter J (Electrical Engineering) of this chapter except as such 
regulations are modified

[[Page 372]]

by the regulations in this subchapter for tank vessels.



Sec. 31.35-5   Communications; alarm systems, telephone and voice tube systems, engine telegraph systems, etc.--TB/ALL.

    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.



          Subpart 31.36--Lifesaving Appliances and Arrangements



Sec. 31.36-1  Lifesaving appliances and arrangements--TB/ALL.

    All lifesaving appliances and arrangements on tank vessels must be 
in accordance with subchapter W (Lifesaving Appliances and Arrangements) 
of this chapter.

[CGD 84-069, 61 FR 25286, May 20, 1996]



                 Subpart 31.37--Inspection of Cargo Gear



Sec. 31.37-1   When made--TB/ALL.

    (a) The specific tests and examinations shall be made at the 
intervals stated in the regulations in this subpart.
    (b) A thorough examination of the assembled gear shall be made at 
least once in every year.
    (c) An inspection to determine the condition and suitability of 
shipboard cargo gear will be made by a marine inspector at each 
inspection for certification. Inspections may be made at such other 
times as considered necessary by the Officer in Charge, Marine 
Inspection.
    (d) For vessels fitted with cargo gear, an initial inspection of the 
assembled units under proof loads shall be conducted, followed by a 
complete dismantling or disassembling of such gear and a thorough 
examination of the parts to ascertain its condition. Subsequent tests of 
the assembled units under proof loads, followed by a dismantling or 
disassembling of such gear and a thorough examination shall be made once 
every five years, or oftener if necessary.

[CGFR 65-50, 30 FR 16662, Dec. 30, 1965, as amended by CGD 87-089, 55 FR 
21550, May 25, 1990]



Sec. 31.37-3   Definitions of terms and words used in this subpart--TB/ALL.

    (a) Cargo gear. The term cargo gear includes masts, stays, booms, 
winches, cranes, elevators, conveyors, standing and running gear forming 
that part of the shipboard cargo gear used in connection with the 
loading or unloading of dry cargo. This term does not include the gear 
used for handling cargo hoses or ship stores' only.
    (b) Dismantling or disassembling of gear. The dismantling or 
disassembling of gear contemplated is the taking apart of units of gear 
to the extent necessary to determine the suitability of such gear for 
continued service and as may be specifically required to carry out the 
intent of a particular provision in this subpart. After proof load 
tests, the disassembling need not include the sheaves and pins of the 
blocks included in the test unless there appears to be evidence of 
deformation or failure.
    (c) Thorough examination. The thorough examination contemplated is a 
visual examination, supplemented if necessary by other means such as by 
a hammer test or by a test with electronic or ultrasonic devices.
    (d) Ton. The word ton means a ton of 2,240 pounds.
    (e) Safe working load. The safe working load (SWL) contemplated is 
the load the gear is approved to lift, excluding the weight of the gear 
itself.



Sec. 31.37-5   Tests and examinations of shipboard cargo gear--TB/ALL.

    (a) For vessels fitted with cargo gear and without valid cargo gear 
certificates and registers issued by organizations or associations 
recognized by the Coast Guard, inspections shall be made by those 
competent persons described in paragraphs (c) (1) and (2) of Sec. 31.10-
16, to determine the condition and suitability of the shipboard cargo 
gear. For the initial and subsequent fifth year inspections, all the 
cranes, winches, hoists, derrick booms, derrick and

[[Page 373]]

mast bands, and all parts used in loading or unloading cargo shall be 
assembled in units and such assembled units shall then be tested under 
proof loads. The proof loads shall be handled for various types of units 
as required by specific regulations in this subpart. After the proof 
load tests of the assembled units of gear have been made, such gear 
shall be disassembled or dismantled so as to permit them to be 
thoroughly examined. The sheaves and pins of the blocks included in 
these proof load tests need not be removed unless there appears to be 
evidence of deformation or failure.
    (b) For vessels fitted with cargo gear and holding valid cargo gear 
certificates and registers issued by organizations or associations 
recognized by the Coast Guard, the marine inspectors may accept such 
certificates as prima facie evidence of compliance with the requirements 
in this subpart. If an Officer in Charge, Marine Inspection, is in doubt 
as to the condition and suitability of shipboard cargo gear for such a 
vessel, the tests and examinations, or such portions thereof as deemed 
necessary, provided for in this subpart will be required.
    (c) If any part or portion of the gear fails or becomes defective 
during such tests, such defective equipment shall be satisfactorily 
repaired or replaced.

[CGFR 65-50, 30 FR 16662, Dec. 30, 1965, as amended by CGD 87-089, 55 FR 
21550, May 25, 1990]



Sec. 31.37-15   Cargo gear plans required when plans are not approved by a classification society or recognized cargo gear organization--TB/ALL.

    (a) For a new vessel or vessel applying for initial inspection, the 
following plans of cargo gear are required to be submitted in triplicate 
to the Officer in Charge, Marine Inspection, for approval:
    (1) Plans showing a stress diagram with the principal details of the 
gear.
    (2) Plans containing a diagram showing the arrangement of the 
assembled gear and indicating the safe working load for each component 
part.
    (b) The safe working load on which the design of any component part 
of the cargo gear is to be based, shall be taken as the maximum 
resultant load upon the component part in the design conditions assumed. 
The safe working load of the assembly is the load the gear is approved 
to lift, excluding the weight of the gear itself.
    (c) One approved copy of each set of cargo gear plans shall be 
retained on the vessel.



Sec. 31.37-20   Cargo gear plans approved by a classification society--TB/ALL.

    (a) The plans required by Sec. 31.37-15 (a) need not be submitted to 
the Officer in Charge, Marine Inspection, for approval if such plans are 
or have been approved by the American Bureau of Shipping or similar 
classification society recognized by the Commandant.
    (b) One approved copy of each set of cargo gear plans shall be 
retained on the vessel.



Sec. 31.37-23   Cargo gear plans approved by a recognized cargo gear organization--TB/ALL.

    (a) The plans required by Sec. 31.37-15 (a) need not be submitted to 
the Officer in Charge, Marine Inspection, for approval if such plans are 
or have been approved by a recognized cargo gear organization listed in 
paragraph (b) of this section.
    (b) The following cargo gear organizations are recognized as having 
the technical competence to handle the required review of cargo gear 
plans, including stress and arrangement diagrams, and this recognition 
will continue in effect until suspended, canceled, or modified by proper 
authority:
    (1) International Cargo Gear Bureau, Inc., with home office at 17 
Battery Place, New York, NY 10004.
    (c) One approved copy of each set of cargo gear plans shall be 
retained on the vessel.

[33 FR 14703, Oct. 2, 1968]



Sec. 31.37-25   Factors of safety.

    (a) Except as provided in paragraph (b) of this section, in the 
design of cargo gear, the minimal safety factors in Table 31.37-25(a) 
must be used to meet the requirements of Sec. 31.37-15.
    (b) The Commandant may permit the use of safety factors different 
than those in Table 31.37-25(a) in the design of cargo gear that he 
considers special.

[[Page 374]]



                            Table 31.37-25(a)                           
------------------------------------------------------------------------
                                             Safety factors based on\1\--
                                                                        
                                            ----------------------------
   Safe working loads for component parts                       Breaking
                                             Ultimate   Yield     test  
                                             strength   point     load  
------------------------------------------------------------------------
All metal structural parts except steel                                 
 booms, stayed masts, pins and connections:                             
    5 tons or less working load of the                                  
     assembled gear........................      5.00  \2\2.75  ........
    15 tons working load of the assembled                               
     gear..................................      4.00  \2\2.20  ........
    60 tons or more working load of the                                 
     assembled gear........................      3.75  \2\2.05  ........
Steel booms:                                                            
    10 tons or less working load of the                                 
     assembled gear........................  ........     3.00  ........
    13 tons or more working load of the                                 
     assembled gear........................  ........     2.50  ........
Stayed masts:                                                           
    10 tons or less working load of                                     
     assembled gear........................      5.00  .......  ........
    13 tons or more working load of                                     
     assembled gear........................      4.00  .......  ........
Pins and connections:                                                   
    10 tons or less working load of                                     
     assembled gear........................  ........  \2\3.00  ........
    13 tons or more working load of                                     
     assembled gear........................  ........  \2\2.50  ........
Wire rope:                                                              
    10 tons or less working load...........  ........  .......      5.00
    13 tons or more working load...........  ........  .......      4.00
Fiber rope:                                                             
    For running rigging....................      7.00  .......  ........
    For fixed gear and vangs...............      5.00  .......  ........
Wooden structural parts....................      8.00  .......  ........
Chains.....................................      4.50  .......  ........
------------------------------------------------------------------------
\1\ Intermediate values of safety factors may be used.                  
\2\ The minimum yield point for design purposes shall not be considered 
  greater than 72 percent of the minimum ultimate strength of the steel.

[CGD 72-150R, 37 FR 20826, Oct. 5, 1972; 37 FR 21816, Oct. 14, 1972]



Sec. 31.37-30   Loose gear certificates and tests--TB/ALL.

    (a)(1) Evidence of compliance with the proof load test requirements 
in this section for all chains, rings, hooks, links, shackles, swivels, 
blocks, and any other loose gear whether accessory to a machine or not, 
but which is used as ship's cargo gear, shall be listed on an 
appropriate certificate.
    (2) This evidence of test and the recording thereof is required only 
once with respect to each article of gear so long as each article is 
identified and the certificates required are available on the vessel.
    (3) Proof loads applied to the articles of loose gear shall be as 
shown in Table 31.37-30(a)(3).
    (b) All chains, rings, hooks, links, shackles, swivels, blocks and 
any other loose gear, whether accessory to a machine or not, but which 
are used or intended for use as ship's cargo gear, shall bear a mark or 
number by which each piece can be identified when listed on a loose gear 
certificate. The safe working load ``SWL'' shall be marked on all 
blocks.
    (c) The loose gear certificate shall show the distinguishing number 
or mark applied to the article of gear; a description of the article of 
gear; the date when the test proof load was applied; and the safe 
working load. The forms for loose gear certificates shall be as 
prescribed by and acceptable to associations or organizations approved 
by the Commandant and shall be suitable for the purposes described in 
this section.
    (d) After being tested, all of the gear shall be examined to 
ascertain whether any part has been damaged, permanently deformed by the 
test, or has other visible defects. The pins and sheaves of all tested 
blocks shall be removed for this purpose. If damaged during these tests, 
such gear shall be satisfactorily repaired or replaced.
    (e) The required examinations as set forth in paragraph (d) of this 
section may be accomplished by mechanical, electrical or other means 
provided the method employed is equal in efficiency to the visual 
examination of disassembled gear.

                          Table 31.37-30(a)(3)                          
------------------------------------------------------------------------
             Articles of gear                        Proof load         
------------------------------------------------------------------------
Chains, rings, hooks, links, shackles,      Twice the safe working load.
                            swivels.                                    
Single sheave block.......................  Four times the safe working 
                                             load.\1\                   
Multiple sheave block with safe working     Twice the safe working load.
   load up to and including 20 tons.                                    
Multiple sheave block with safe working     20 tons in excess of the    
 load over 20 tons up to and including 40    safe working load.         
                               tons.                                    
Multiple sheave block over 40 tons........  One and a half times the    
                                             safe working load.         

[[Page 375]]

                                                                        
Chain fall blocks used with roller chains       Do.                     
 (pitched chains), and rings, hooks,                                    
 shackles, or swivels permanently attached                              
                            thereto.                                    
------------------------------------------------------------------------
\1\ The proof load applied to the block is equivalent to twice the      
  maximum resultant load on the eye or pin when lifting the safe working
  load attached to a rope which passes around the sheave of the block.  
  The proof load is, therefore, equal to four times the safe working    
  load or twice the safe working load when the load is attached directly
  to the block instead of a rope passing around the sheave.             



Sec. 31.37-35   Test and certification of wire rope--TB/ALL.

    (a) All wire rope used as shipboard cargo gear shall be able to 
withstand a breaking test load of at least five times the safe working 
load. In the case of gear with a lifting capacity of over 10 tons, the 
breaking test load of wire rope shall be at least four times the safe 
working load. All wire rope shall be identified and described in a wire 
rope certificate. Such certificate shall be furnished and attested to by 
the manufacturer or a testing agency and shall certify:
    (1) The breaking test load of a sample of the wire rope, which 
should be at least five times the safe working load or at least four 
times the safe working load if part of gear with a lifting capacity of 
over 10 tons;
    (2) The name and address of the manufacturer;
    (3) The diameter of the rope in inches and/or fractions thereof;
    (4) The number of strands and the number of wires in each strand;
    (5) The quality of the wire (e.g., improved plow steel);
    (6) The date of the test; and,
    (7) The load at which the sample broke.
    (b) The forms for the wire rope certificate shall be prescribed by 
and acceptable to associations or organizations approved by the 
Commandant and shall be suitable for the purposes described in this 
section.
    (c) In addition to the manufacturers' or testing agencies' 
attestations, a sample of the wire rope may be tested to destruction if 
required by the marine inspector when a visual inspection indicates an 
apparent defective condition.



Sec. 31.37-40   Proof test of cargo gear as a unit--TB/ALL.

    (a) Winches with their accessory gear, including the derricks and 
attachments, at least once in each five years, shall be tested as a unit 
with proof loads exceeding the safe working load as set forth in Table 
31.37-40(a).

                            Table 31.37-40(a)                           
------------------------------------------------------------------------
    Safe working load of assembled gear              Proof load         
------------------------------------------------------------------------
Not exceeding 20 tons.....................  25 percent in excess.       
Over 20 tons but not exceeding 50 tons....  5 tons in excess.           
Over 50 tons..............................  10 percent in excess.       
------------------------------------------------------------------------

    (b) The proof load applied to winches and their gear shall be lifted 
with the ship's normal tackle, including the winches, and with the boom 
at an angle which should not be greater than 15 degrees to the 
horizontal or to the lowest angle approved in association with the 
design, or when these angles are impracticable, to the lowest 
practicable angle. When the load has been lifted, it shall be swung as 
far as possible in both directions.
    (1) Where electrical winches are fitted with electromagnetic brakes, 
or where electrohydraulic winches are fitted with electromagnetic or 
hydraulic brakes at the winch, mechanical brakes for manual operation 
will not be required, but if so fitted shall be in satisfactory 
operating condition.
    (2) Current for electric winch operation during the test shall be 
taken from the ship's circuits. Shore current may be used if it passes 
through the ship's switchboard.
    (c) Cranes and other hoisting machines with their accessory gear at 
least once in each five years, shall be tested, with a proof load which 
shall exceed the safe working load as set forth in Table 31.37-40(a).
    (d) The proof load applied to cranes and hoists shall be lifted, 
topped, and swung (slewed) as far as possible in each direction. If the 
boom of the crane has a movable radius, it shall be tested with a proof 
load as set forth in this section at the maximum and minimum radii of 
the boom. In the case of hydraulic cranes whose capacity is limited by 
pressure, and with which it is not possible to lift a load 25 percent in 
excess of the safe working load, the

[[Page 376]]

greatest possible load in excess of the safe working load shall be used. 
These tests and the amounts of the loads shall be recorded.
    (e) After satisfactory completion of the proof load testing of the 
cargo gear in accordance with paragraphs (a) through (d) of this 
section, the cargo gear and all component parts shall be given a 
thorough visual examination, supplemented as necessary by other means 
such as a hammer test or with electronic or ultrasonic devices, to 
determine if any of the parts were damaged, deformed, or otherwise 
rendered unsafe for further use. If found defective, such gear shall be 
replaced.
    (1) When the test is being conducted for the first time on a vessel, 
accessory gear shall be dismantled or disassembled for examination after 
the test. The sheaves and pins of the blocks included in this test need 
not be removed unless there appears to be evidence of deformation or 
failure.
    (2) For subsequent tests such parts of the machinery and gear shall 
be dismantled and/or disassembled after the test as necessary to 
determine its suitability for continued service.
    (f) Appropriate means shall be provided to prevent the foot of the 
boom from being accidentally lifted from the socket during the test.
    (g) Vessels whose cargo gear has been in use but are without the 
valid registers and certificates described in Sec. 31.10-16 will be 
inspected for defective cargo gear. The gear shall then be tested and 
examined as prescribed in this section. If the movable weights for proof 
testing are not reasonably available, a spring or hydraulic scale 
certified for accuracy may be used. Whenever such scales are used, the 
proof load shall be applied with the boom swung out as far as possible 
in one direction and then in the other direction, and at such 
intermediate positions as may be indicated. At any position, the 
indicator of the scale must maintain a constant reading under the proof 
load for a period of five minutes.
    (h) On all types of winches and cranes efficient means shall be 
provided to stop and hold the proof load in any position, and the 
efficiency of such means shall be demonstrated.
    (1) Electric winches, electrohydraulic winches fitted with 
electromagnetic or hydraulic brakes at the winch, or cranes shall be 
equipped so that a failure of the electric power shall stop the motion 
and set the brakes without any action on the part of the operator.
    (2) Current for electric winches and cranes operation during the 
tests shall be taken from the ship's circuits. Shore current may be used 
if it passes through the ship's switchboard.

[CGFR 65-50, 30 FR 16662, Dec. 30, 1965, as amended by CGD 87-089, 55 FR 
21550, May 25, 1990]



Sec. 31.37-45   Marking of booms and cranes--TB/ALL.

    (a) The safe working load (abbreviated ``SWL'') for the assembled 
gear shall be marked on the heel of each boom, with the minimum angle to 
the horizontal for which the gear is designed. These letters and figures 
shall be in contrasting colors to the background and at least one inch 
in height.
    (b) Where booms are rated at varying capacities depending on the 
radii, tables indicating the maximum safe working loads for the various 
working angles of the boom and the maximum and minimum radii at which 
the boom may be safely used shall be conspicuously posted near the 
controls and visible to the operator when working the gear.



Sec. 31.37-50   Use of wire rope and chains--TB/ALL.

    (a) An eye splice made in any wire rope used as cargo gear, with or 
without a thimble, shall have at least three tucks with whole strands 
and two tucks with one half of the wire cut from the tucking strand: 
Provided, That this requirement shall not preclude the use of any other 
form of splice or connection if it is as efficient as the splice 
specified.
    (b) Single wire rope cargo falls, wire rope pendants, topping lifts 
and preventers shall consist of clear lengths without splices except at 
the working ends. Wire rope clips shall not be used to form eyes in the 
working ends of single wire rope cargo falls.
    (c) Wire rope shall not be used for shipboard cargo gear if in any 
length of

[[Page 377]]

8 diameters, the number of visible broken wires exceeds ten percent of 
the total number of wires in the rope, or if the rope shows other signs 
of excessive wear, corrosion, kinking, or defect.
    (d) Hoisting or sling chains used for shipboard cargo gear shall not 
be used if a length of chain has been stretched more than five percent 
of the original length, or the chain has become unsafe through 
overloading or faulty heat treatment, or whenever other external defects 
are evident.
    (e) Chains used for shipboard cargo gear shall not be shortened by 
knotting, bolting, or wiring the links. The use of chains having a knot 
or kink as shipboard cargo gear is prohibited.



Sec. 31.37-55   Annealing--TB/ALL.

    (a) Chains, hooks, rings, links, shackles, and swivels of wrought 
iron used as cargo gear shall be annealed at the following intervals:
    (1) Wrought iron chains and gear in general use and of one half inch 
or less, at least once in every six months.
    (2) All other wrought iron chains and gear, including topping lift 
chains, in general use, at least once in every twelve months.
    (b) The annealing shall be done in a suitable closed oven and not 
over an open fire. Wrought iron shall be annealed at a temperature of 
between 1100 deg. and 1200 deg. Fahrenheit for a period of between 30 
and 60 minutes. After being annealed, the article shall be allowed to 
cool slowly and shall be then tested completely for defects.
    (c) Heat treatment of the cargo gear shall be done only by reputable 
firms having suitable equipment and personnel trained for this purpose. 
A certificate attesting to the annealing shall be furnished for all gear 
so treated.
    (d) The heat treatment of chains, hooks, rings, links, shackles, and 
swivels of materials other than wrought iron used as cargo gear, if 
required, shall be effected in accordance with the manufacturer's 
instructions.



Sec. 31.37-60   Additions to gear--TB/ALL.

    (a) When articles of loose gear and/or wire rope conforming with the 
requirements in this subpart are added to installed gear, or used as 
replacements in such gear from time to time, a record shall be 
maintained on the vessel which shall identify each article and the 
certificate accompanying it.



Sec. 31.37-65   Alterations, renewals, or repairs of cargo gear--TB/ALL.

    (a) Whenever important repairs, renewals, or alterations are 
indicated or intended for the masts, booms, and permanent fittings of 
the cargo gear, such repairs, renewals, or alterations shall be 
undertaken only after compliance with Sec. 31.10-25.
    (b) Tests and examinations of the repairs, renewals, or alterations 
will be in accordance with Sec. 31.37-40.
    (c) When welding is used to lengthen, alter, or repair chains, 
rings, hooks, links, shackles, or swivels, they shall be properly heat 
treated and shall, before being again put into use, be tested and 
examined in accordance with the provisions of Sec. 31.37-30.



Sec. 31.37-70   Responsibility of ship's officer for inspection of cargo gear--TB/ALL.

    (a) All wire rope, chains other than bridle chains attached to booms 
or masts, and all rings, hooks, links, shackles, swivels, and blocks 
used in loading or unloading shall be visually inspected by a ship's 
officer designated for that purpose by the master.
    (b) These inspections by a ship's officer shall be made at frequent 
intervals, and in any event not less than once in each month.
    (c) Immediately after such an inspection by a ship's officer 
notations of such an inspection shall be made in record form which shall 
be in or kept with the cargo gear register if carried. In addition, the 
same notations of inspections together with the dates shall be entered 
in the Official Logbook for those vessels required to carry this record, 
or such information shall be kept with the log records maintained on 
vessels not required to carry the Official Logbook. (See Sec. 31.37-75 
for entries required to be kept.)



Sec. 31.37-75   Records regarding cargo gear--TB/ALL.

    (a) The cargo gear records described in this subpart shall be 
maintained on the vessel and shall be made available to Coast Guard 
officials upon request.

[[Page 378]]

These records shall be kept for the periods of time they are valid and, 
in addition, until the next Coast Guard inspection for certification of 
the vessel. The certificates of manufacturers and/or testing 
laboratories, companies, or organizations shall be maintained on the 
vessel so long as the gear described in such certificates is on board 
the vessel.
    (b) The records of all the inspections of cargo gear made by the 
ship's officers in accordance with Sec. 31.37-70 shall be maintained on 
the vessel for periods of time which agree with those periods as covered 
by the current Coast Guard certificate of inspection issued to the 
vessel. These records shall show the dates of inspections, identify 
articles inspected, the conditions observed, and the name of the officer 
performing the inspection.
    (c) The records of all tests and examinations conducted by or under 
the supervision of surveyors of the organizations or associations 
approved by the Commandant shall be maintained on the vessel.
    (d) The Coast Guard will not issue cargo gear certificates and/or 
registers. The Coast Guard's records of inspections, tests, and 
examinations of a particular vessel's cargo gear made by a marine 
inspector or conducted under the supervision of the Coast Guard will be 
maintained in the Office of the Officer in Charge, Marine Inspection, 
having jurisdiction over the vessel at the time such work was performed. 
The original certificates or certified copies of certificates of 
manufacturers and/or testing laboratories, companies, or organizations 
for loose cargo gear, wire rope, or the annealing of gear shall be 
maintained on the vessel.



Sec. 31.37-80   Advance notice that cargo gear testing is desired--TB/ALL.

    (a) The owner, agent, or master of a vessel shall give an advance 
notice when it is desired that the tests and examinations of cargo gear 
be made by or under the supervision of the marine inspectors. This 
advance notice shall be given to the Officer in Charge, Marine 
Inspection, in whose marine inspection zone the vessel is available for 
such inspection and examination.
    (b) For the initial inspection and examination of cargo gear by the 
Coast Guard, the advance notice shall be to the cognizant Officer in 
Charge, Marine Inspection, as early as possible and shall include 
sketches and/or drawings showing each unit of cargo gear, the 
identification of component parts and the safe working loads. Copies of 
original certificates of manufacturers and/or testing laboratories, 
companies, or organizations maintained on the vessel may be accepted by 
the cognizant Officer in Charge, Marine Inspection, when satisfied such 
certificates properly describe the qualities of the component parts of 
the gear in question.



Sec. 31.37-85   Responsibility for conducting required tests and examinations--TB/ALL.

    (a) The vessel's owners and/or operators shall furnish and pay the 
expenses required in conducting the tests and examinations prescribed by 
the regulations in this subpart, including the supplying of all 
instruments, other equipment, and personnel including personnel 
supervision for performance of all work required.
    (b) The Coast Guard's participation in these required tests and 
examinations shall be confined to witnessing required tests and 
examinations with the view to determining whether or not the gear is 
satisfactory for the purpose intended. In the event it is determined 
that the gear is defective or unable to meet the standards set forth in 
this subpart, such gear, or portions thereof, shall be replaced to the 
satisfaction of the Officer in Charge, Marine Inspection, having 
jurisdiction over the vessel.



Subpart 31.40--Certificates Under International Convention for Safety of 
                            Life at Sea, 1974



Sec. 31.40-1  Application--T/ALL

    The provisions of this subpart shall apply to all tankships on an 
international voyage.

[CGD 95-012, 60 FR 48049, Sept. 18, 1995]

[[Page 379]]



Sec. 31.40-5   Cargo Ship Safety Construction Certificate--T/ALL.

    (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.

[CGFR 65-50, 30 FR 16662, Dec. 30, 1965, as amended by CGD 90-008, 55 FR 
30660, July 26, 1990]



Sec. 31.40-10   Cargo Ship Safety Equipment Certificate--T/ALL.

    (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.



Sec. 31.40-15   Cargo Ship Safety Radiotelegraphy Certificate--T/ALL.

    (a) The application for a Cargo Ship Safety Radiotelegraphy 
Certificate is made on FCC Form 801 to the local office of the Federal 
Communications Commission.
    (b) Where applicable, a Cargo Ship Safety Radiotelegraphy 
Certificate will be issued by the Federal Communications Commission to a 
tankship meeting its requirements for a tankship fitted with a 
radiotelegraph installation.



Sec. 31.40-20   Cargo Ship Safety Radiotelephony Certificate--T/ALL.

    (a) The application for a Cargo Ship Safety Radiotelephony 
Certificate is made on FCC Form 801 to the local office of the Federal 
Communications Commission.
    (b) Where applicable, a Cargo Ship Safety Radiotelephony Certificate 
will be issued by the Federal Communications Commission to a tankship 
meeting its requirements for a tankship fitted with a radiotelephone 
installation.



Sec. 31.40-25   Exemption Certificate--T/ALL.

    (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.



Sec. 31.40-35   Posting of Convention certificates--T/ALL.

    (a) The certificates described in this subpart, or certified copies 
thereof, when issued to a vessel shall be posted in a prominent and 
accessible place on the tankship.
    (b) The certificates shall be carried in a manner similar to that 
described in Sec. 31.05-5 for a certificate of inspection.



Sec. 31.40-40   Duration of Convention certificates--T/ALL.

    (a) A Cargo Ship Safety Equipment Certificate shall be issued for a 
period of not more than 24 months.
    (b) A Cargo Ship Safety Construction Certificate shall be issued for 
a period of not more than 60 months.
    (c) A Cargo Ship Safety Radiotelegraphy Certificate and a Cargo Ship 
Safety Radiotelephony Certificate shall be issued for a period of not 
more than 12 months.
    (d) An Exemption Certificate shall not be valid for longer than the 
period of the certificate to which it refers.
    (e) A Convention certificate may be withdrawn, revoked, or suspended 
at any time when it is determined the vessel is no longer in compliance 
with

[[Page 380]]

applicable requirements. (See Sec. 2.01-70 of this chapter for 
procedures governing appeals.)

[CGFR 65-50, 30 FR 16662, Dec. 30, 1965, as amended by CGD 95-012, 60 FR 
48049, Sept. 18, 1995]



Sec. 31.40-45   American Bureau of Shipping--T/ALL.

    (a) The American Bureau of Shipping, with its home office at Two 
World Trade Center, 106th Floor, New York, NY 10048, is hereby 
designated as an organization duly authorized to issue the Cargo Ship 
Safety Construction Certificate to certain tankships 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, and executive 
order 12234 and the certificate shall be subject to the requirements in 
this subpart. The American Bureau of Shipping is authorized to place the 
official seal of the United States of America on the certificate. This 
designation and delegation to the American Bureau of Shipping shall be 
in effect from May 26, 1965, until terminated by proper authority and 
notice of cancellation is published in the Federal Register.
    (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 used by the Coast Guard to determine whether or not to 
withdraw, revoke or suspend the Cargo Ship Safety Construction 
Certificate.

[CGFR 65-50, 30 FR 16662, Dec. 30, 1965, as amended by CGD 90-008, 55 FR 
30660, July 26, 1990; CGD 96-041, 61 FR 50726, Sept. 27, 1996]



PART 32--SPECIAL EQUIPMENT, MACHINERY, AND HULL REQUIREMENTS--Table of Contents




                         Subpart 32.01--General

Sec.
32.01-1  Incorporation by reference.

                   Subpart 32.02--Safety Requirements

Sec.
32.02-1  Means of escape--T/ALL.
32.02-5  Communication between deckhouses--TB/OCLB.
32.02-10  Rails--TB/ALL.
32.02-15  Guards at dangerous places--TB/ALL.

                         Subpart 32.05--Markings

32.05-1  Draft marks and draft indicating systems--TB/ALL.
32.05-5  Vessel's name on equipment--TB/ALL.
32.05-10  Name of tankship--T/ALL.
32.05-15  Name of tank barge--B/ALL.

                   Subpart 32.15--Navigation Equipment

32.15-5  Whistles--T/ALL.
32.15-10  Sounding machines--T/OCL.
32.15-15  Anchors, Chains, and Hawsers--TB/ALL.
32.15-30  Radar--T/OC.
32.15-35  Magnetic Compass and Gyrocompass--T/OC.

               Subpart 32.16--Navigation Bridge Visibility

32.16-1  Navigation bridge visibility-T/ALL.

                 Subpart 32.20--Equipment Installations

32.20-1  Equipment installations on vessels during World War II--TB/ALL.
32.20-5  Pressure vacuum relief valves--TB/ALL.
32.20-10  Flame arresters--TB/ALL.
32.20-20  Liquid level gaging--T/ALL.

                  Subpart 32.25--General Alarm Systems

32.25-1  General alarm systems for tankships and manned tank barges.

[[Page 381]]

  Subpart 32.30--Sound Powered Telephone, Voice Tube, and Engine Order 
                            Telegraph Systems

32.30-1  Voice tubes or telephone equipment--T/ALL.
32.30-5  Engine order telegraph equipment--T/ALL.

               Subpart 32.35--Main and Auxiliary Machinery

32.35-1  Boilers and machinery--TB/ALL.
32.35-5  Installation of internal combustion engines--TB/ALL.
32.35-10 Steering apparatus on tank vessels--TB/ALL.
32.35-15 Installation of air compressors on tank vessels contracted for 
          on or after June 15, 1977--TB/ALL.

           Subpart 32.40--Accommodations for Officers and Crew

32.40-1  Application--TB/ALL.
32.40-5  Intent--T/ALL.
32.40-10  Location of crew spaces--T/ALL.
32.40-15  Construction--T/ALL.
32.40-20  Sleeping accommodations--T/ALL.
32.40-25  Washrooms and toilet rooms--T/ALL.
32.40-30  Messrooms--T/ALL.
32.40-35  Hospital space--T/ALL.
32.40-40  Other spaces--T/ALL.
32.40-45  Lighting--T/ALL.
32.40-50  Heating and cooling--T/ALL.
32.40-55  Insect screens--T/ALL.
32.40-60  Crew accommodations on tankships of less than 100 gross tons 
          and manned tank barges--T/ALL.
32.40-65  Crew accommodations on tankships constructed before June 15, 
          1987--T/ALL.

                 Subpart 32.45--Electrical Installations

32.45-1  Installation and details.

        Subpart 32.50--Pumps, Piping, and Hose for Cargo Handling

32.50-1  Cargo pumps for tank vessels constructed on or after November 
          10, 1936--TB/ALL.
32.50-3  Cargo discharge--TB/ALL.
32.50-5  Cargo pump gauges on tank vessels constructed on or after 
          November 10, 1936--TB/ALL.
32.50-10  Cargo pumps on tank vessels with independent cargo tanks which 
          were constructed prior to November 10, 1936--TB/ALL.
32.50-15  Cargo piping on tank vessels constructed on or after July 1, 
          1951--TB/ALL.
32.50-20  Cargo piping for tank vessels constructed between November 10, 
          1936, and July 1, 1951--TB/ALL.
32.50-25  Cargo pumps and piping on tank vessels constructed prior to 
          November 10, 1936--TB/ALL.
32.50-30  Cargo hose--TB/ALL.
32.50-35  Remote manual shutdown for internal combustion engine driven 
          cargo pump on tank vessels--TB/ALL.

                      Subpart 32.52--Bilge Systems

32.52-1  Bilge pumps on tank vessels constructed or converted on or 
          after November 19, 1952--TB/ALL.
32.52-5  Bilge piping for pump rooms and adjacent cofferdams on tank 
          vessels constructed or converted on or after November 19, 
          1952--TB/ALL.
32.52-10  Bilge pumps and piping on tank vessels constructed or 
          converted prior to November 19, 1952--TB/ALL.

                     Subpart 32.53--Inert Gas System

32.53-1  Application--T/ALL.
32.53-3  Exemptions.
32.53-5  Operation--T/ALL.
32.53-10  General--T/ALL.
32.53-15  Approval--T/ALL.
32.53-20  Inert gas generators--T/ALL.
32.53-25  Gas supply--T/ALL.
32.53-30  Positive pressure--T/ALL.
32.53-35  Gas scrubber--T/ALL.
32.53-40  Scrubber: Cooling water supply--T/ALL.
32.53-45  Blowers--T/ALL.
32.53-50  Gas distribution lines: Non-return devices--T/ALL.
32.53-55  Stop valves--T/ALL.
32.53-60  Instrumentation--T/ALL.
32.53-65  Portable instruments--T/ALL.
32.53-70  Alarms and controls--T/ALL.
32.53-75  Gas main: Automatic shutdown valve--T/ALL.
32.53-80  Tank cleaning--T/ALL.
32.53-85  Instruction manual--T/ALL.

                 Subpart 32.55--Ventilation and Venting

32.55-1  Ventilation of tank vessels constructed on or after July 1, 
          1951--TB/ALL.
32.55-5  Ventilation of tank vessels constructed between November 10, 
          1936, and July 1, 1951--TB/ALL.
32.55-10  Ventilation of tank vessels contracted prior to November 10, 
          1936--TB/ALL.
32.55-15  Ventilation for hold spaces--TB/ALL.
32.55-20  Venting of cargo tanks of tankships constructed on or after 
          July 1, 1951--T/ALL.
32.55-25  Venting of cargo tanks of tank barges constructed on or after 
          July 1, 1951--B/ALL.

[[Page 382]]

32.55-30  Venting of cargo tanks of tank vessels constructed between 
          November 10, 1936, and July 1, 1951--TB/ALL.
32.55-35  Venting of cargo tanks on tank vessels constructed prior to 
          November 10, 1936--TB/ALL.
32.55-40  [Reserved]
32.55-45  Venting of cofferdams and void spaces of tank vessels 
          constructed on or after November 10, 1936--TB/ALL.
32.55-50  Ventilation of tankships that have a keel laying date on or 
          after January 1, 1975--T/ALL.

  Subpart 32.56--Structural Fire Protection for Tank Ships With a Keel 
                 Laying Date On or After January 1, 1975

32.56-1  Application--T/ALL.
32.56-5  General--T/ALL.
32.56-10  Navigation positions--T/ALL.
32.56-15  Deck spills--T/ALL.
32.56-20  Insulation of exterior boundaries: Superstructures and 
          deckhouses--T/ALL.
32.56-21  Openings in exterior boundaries: Accommodation, service, and 
          control spaces--T/ALL.
32.56-22  Openings in and insulation of boundaries: Other spaces--T/ALL.
32.56-25  Category A machinery spaces: Windows and port lights--T/ALL.
32.56-30  Category A machinery spaces: Bulkheads and decks--T/ALL.
32.56-35  Doors--T/ALL.
32.56-40  Category A machinery spaces: Insulation--T/ALL.
32.56-45  Draft stops--T/ALL.
32.56-50  Combustible veneers--T/ALL.
32.56-55  Control spaces--T/ALL.
32.56-60  Ventilation ducts--T/ALL.

 Subpart 32.57--Structural Fire Protection for Tank Vessels Contracted 
                     for On or After January 1, 1963

32.57-1  Application--TB/ALL.
32.57-5  Definitions--TB/ALL.
32.57-10  Construction--TB/ALL.

   Subpart 32.59--Minimum Longitudinal Strength and Plating Thickness 
Requirements for Unclassed Tank Vessels That Carry Certail Oil Cargoes--
                                 TB/ALL

32.59-1  Minimum section modulus and plating thickness requirements--TB/
          ALL.

  Subpart 32.60--Hull Requirements for Tank Vessels Constructed On or 
                           After July 1, 1951

32.60-1  Scantlings, material, and workmanship--TB/ALL.
32.60-5  Subdivision of cargo space--TB/ALL.
32.60-10  Segregation of cargo; Grade A, B, C, or D--TB/ALL.
32.60-15  Segregation of cargo; Grade E--TB/ALL.
32.60-20  Pumprooms on tank vessels carrying Grade A, B, C, D and/or E 
          liquid cargo--TB/ALL.
32.60-25  Living quarters--TB/ALL.
32.60-30  Tank vessels with independent tanks--TB/ALL.
32.60-35  Tank vessels carrying Grade A liquid cargo--TB/ALL.
32.60-40  Construction and testing of cargo tanks and bulkheads--TB/ALL.
32.60-45  Segregation of spaces containing the emergency source of 
          electric power--TB/ALL.

    Subpart 32.63--Hull and Cargo Tank Requirements for Tank Barges 
Constructed or Converted On or After July 1, 1964, and Carrying Certain 
                         Dangerous Bulk Cargoes

32.63-1  Application--B/ALL.
32.63-5  Barge hull classifications--B/ALL.
32.63-8  Alternative arrangements--B/ALL.
32.63-10  Rakes and coamings--B/ALL.
32.63-20  Hull structure--B/ALL.
32.63-25  Cargo tanks and supports--B/ALL.

  Subpart 32.65--Hull Requirements for Tank Vessels Constructed On or 
           After November 10, 1936, and Prior to July 1, 1951

32.65-1  Application--TB/ALL.
32.65-5  Scantlings, material, and workmanship--TB/ALL.
32.65-10  Subdivision of cargo space--TB/ALL.
32.65-15  Cofferdams--TB/ALL.
32.65-20  Pumprooms--TB/ALL.
32.65-25  Living quarters--TB/ALL.
32.65-30  Tank vessels with independent tanks--TB/ALL.
32.65-35  Tank vessels carrying Grade A liquids--TB/ALL.
32.65-40  Construction and testing of cargo tanks and bulkheads--TB/ALL.

Subpart 32.70--Hull Requirements for Steel Hull Tank Vessels Constructed 
                       Prior to November 10, 1936

32.70-1  Application--TB/ALL.
32.70-5  Hull requirements; general--TB/ALL.
32.70-10  Cofferdams--TB/ALL.
32.70-15  Pumprooms--TB/ALL.
32.70-20  Pump-engine compartment--TB/ALL.
32.70-25  Cargo tanks--TB/ALL.

[[Page 383]]

Subpart 32.75--Hull Requirements for Wood Hull Tank Vessels Constructed 
                       Prior to November 10, 1936

32.75-1  Application--TB/ALL.
32.75-5  Hull requirements; general--TB/ALL.
32.75-10  Cargo tanks--TB/ALL.
32.75-15  Electric bonding and grounding for tanks--TB/ALL.
32.75-20  Hold spaces and bulkheads--TB/ALL.

Subpart 32.80--Tank Barges Constructed of Materials Other Than Steel or 
                                  Iron

32.80-1  General requirements--B/ALL.

    Subpart 32.85--Lamp and Paint Rooms and Similar Compartments on 
                                Tankships

32.85-1  Fireproofing of lamp, oil and paint rooms--T/ALL.

                 Subpart 32.90--Pilot Boarding Equipment

32.90-1  Pilot boarding equipment.

    Authority: 46 U.S.C. 2103, 3306, 3703; 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 Sect. 4109, Pub. L. 101-380, 104 Stat. 515.

    Source: CGFR 65-50, 30 FR 16671, Dec. 30, 1965, unless otherwise 
noted.



                         Subpart 32.01--General



Sec. 32.01-1  Incorporation by reference.

    (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 Federal Register and make the material available to the 
public. All approved material is on file at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC and 
at the U.S. Coast Guard, Office of Design and Engineering Standards (G-
MSE), 2100 Second Street SW., Washington, DC 20593-0001 and is available 
from the sources indicated in paragraph (b) of this section.
    (b) The material approved for incorporation by reference in this 
part and the sections affected are:

                    American Bureau of Shipping (ABS)

Two World Trade Center, 106th Floor, New York, NY 10048
Rules for Building and Classing Steel Vessels, 1989............32.15-15; 
                                                      32.60-10; 32.65-40

            American Society for Testing and Materials (ASTM)

1916 Race Street, Philadelphia, PA 19103
ASTM F-1273, Standard Specification for Tank Vent Flame Arresters, 1991 
                                                                32.20-10

[CGD88-032, 56 FR 35820, July 29, 1991, as amended by CGD 95-072, 60 FR 
50461, Sept. 29, 1995; CGD 96-041, 61 FR 50727, Sept. 27, 1996]



                   Subpart 32.02--Safety Requirements



Sec. 32.02-1   Means of escape--T/ALL.

    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.

[CGFR 65-50, 30 FR 16671, Dec. 30, 1965. Redesignated by CGD 88-032, 56 
FR 35820, July 29, 1991]



Sec. 32.02-5   Communication between deckhouses--TB/OCLB.

    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.

[CGD 95-027, 61 FR 25997, May 23, 1996]



Sec. 32.02-10   Rails--TB/ALL.

    (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\1/2\ inches from

[[Page 384]]

the deck except that where this height would interfere with the normal 
operation of the vessel, a lesser height may be approved by the 
Commandant. At exposed peripheries of the freeboard and superstructure 
decks the rails shall be in at least three courses including the top. 
The opening below the lowest course shall not be more than 9 inches. The 
courses shall not be more than 15 inches apart. In the case of ships 
with rounded gunwales, the guard rail supports shall be placed on the 
flat of the deck. On other decks and bridges the rails shall be in at 
least two courses, including the top, approximately evenly spaced. All 
rails shall consist of solid or tubular sections or chains or wire rope 
or a combination thereof.
    (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.

[CGFR 69-72, 34 FR 17481, Oct. 29, 1969, as amended by CGD 84-073; 52 FR 
18362, May 15, 1987; 52 FR 22751, June 15, 1987. Redesignated by CGD 88-
032, 56 FR 35820, July 29, 1991]



Sec. 32.02-15   Guards at dangerous places--TB/ALL.

    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.

[CGFR 65-50, 30 FR 16671, Dec 30, 1965. Redesignated by CGD 88-032, 56 
FR 35820, July 29, 1991]



                         Subpart 32.05--Markings



Sec. 32.05-1  Draft marks and draft indicating systems--TB/ALL.

    (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

[[Page 385]]

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.

[CGFR 65-50, 30 FR 16671, Dec. 30, 1965, as amended by CGD 89-037, 57 FR 
41821, Sept. 11, 1992]



Sec. 32.05-5   Vessel's name on equipment--TB/ALL.

    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.



Sec. 32.05-10   Name of tankship--T/ALL.

    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.

[CGFR 65-50, 30 FR 16657, Dec. 30, 1965, as amended by CGFR 72-104R, 37 
FR 14233, July 18, 1972]



Sec. 32.05-15   Name of tank barge--B/ALL.

    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.

[CGFR 65-50, 30 FR 16657, Dec. 30, 1965, as amended by CGFR 72-104R, 37 
FR 14233, July 18, 1972]



                   Subpart 32.15--Navigation Equipment



Sec. 32.15-5   Whistles--T/ALL.

    (a) [Reserved]
    (b) On tankships contracted for on and after November 19, 1955 means 
shall be provided to operate the whistle from a position adjacent to the 
main steering station and from the steering station on top of the 
pilothouse where such steering station is fitted. Details of the whistle 
operating devices shall meet the requirements of subchapter J 
(Electrical Engineering) of this chapter.

    Note: Appendix A in 33 CFR subchapter D contains the International 
Regulations for Preventing Collisions at Sea, 1972.

[CGFR 65-50, 30 FR 16671, Dec. 30, 1965, as amended by CGD 74-125A, 47 
FR 15230, Apr. 8, 1982; CGD 82-036, 48 FR 654, Jan. 6, 1983]



Sec. 32.15-10   Sounding machines--T/OCL.

    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.

[CGD 95-027, 61 FR 25997, May 23, 1996]



Sec. 32.15-15  Anchors, Chains, and Hawsers--TB/ALL

    (a) Application. The provisions of this section, with the exception 
of paragraph (d), apply to every tankship and manned seagoing barge 
constructed on or after June 15, 1987. Tankships and manned seagoing 
barges constructed prior to June 15, 1987 must meet the requirements of 
paragraph (d) of this section.
    (b) Ocean, Coastwise, or Great Lakes Service. Tankships in ocean, 
coastwise, or Great Lakes service and manned seagoing barges must be 
fitted with anchors, chains and hawsers in general agreement with the 
standards established by the American Bureau of Shipping. The current 
standards of other recognized classification societies may also be 
accepted upon approval by the Commandant.

[[Page 386]]

    (c) Lakes, Bays, and Sounds, or River Service. Tankships in lakes, 
bays, and sounds, or river service must be fitted with such ground 
tackle and hawsers as deemed necessary by the Officer in Charge, Marine 
Inspection, depending upon the size of the tankship and the waters on 
which it operates.
    (d) Tankships and Barges Constructed Prior to June 15, 1987. For 
tankships and manned seagoing barges constructed prior to June 15, 1987, 
the installations previously accepted or approved will be considered 
satisfactory for the same service so long as they are maintained in good 
condition to the satisfaction of the Officer in Charge, Marine 
Inspection. If the service of the tank vessel is changed, the 
suitability of the equipment will be evaluated by the Officer in Charge, 
Marine Inspection.

[CGD 84-073, 52 FR 18362, May 15, 1987; 52 FR 22751, June 15, 1987]



Sec. 32.15-30  Radar--T/OC.

    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.

[CGD 74-074, 42 FR 5963, Jan. 31, 1977]



Sec. 32.15-35   Magnetic Compass and Gyrocompass--T/OC.

    (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.

[CGD 74-074, 42 FR 5963, Jan. 31, 1977]



               Subpart 32.16--Navigation Bridge Visibility



Sec. 32.16-1  Navigation bridge visibility-T/ALL.

    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

[[Page 387]]

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.

[CGD 85-099, 55 FR 32247, Aug. 8, 1990]



                 Subpart 32.20--Equipment Installations



Sec. 32.20-1   Equipment installations on vessels during World War II--TB/ALL.

    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.



Sec. 32.20-5   Pressure vacuum relief valves--TB/ALL.

    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.



Sec. 32.20-10  Flame arresters--TB/ALL.

    Flame arresters must be of a type and size suitable for the purpose 
intended and meet ASTM F-1273.

[CGD 88-032, 56 FR 35821, July 29, 1991]



Sec. 32.20-20   Liquid level gaging--T/ALL.

    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: Provided, That ullage holes fitted with 
sounding pipes tightly secured to the underside of the tank tops, open 
at the bottom, and extending to within 18 inches or less of the bottom 
of the tank shall be considered as complying with the foregoing 
requirement.



                  Subpart 32.25--General Alarm Systems



Sec. 32.25-1  General alarm systems for tankships and manned tank barges.

    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.

[CGD 74-125A, 47 FR 15230, Apr. 8, 1982]



  Subpart 32.30--Sound Powered Telephone, Voice Tube, and Engine Order 
                            Telegraph Systems



Sec. 32.30-1  Voice tubes or telephone equipment--T/ALL.

    Each tankships must have communication equipment which meets the 
requirements in subchapter J (Electrical Engineering Regulations) of 
this chapter.

[CGD 74-125A, 47 FR 15230, Apr. 8, 1982]



Sec. 32.30-5  Engine order telegraph equipment--T/ALL.

    Each tankship must have an engine order telegraph system which meets 
the requirements in subchapter J (Electrical Engineering Regulations) of 
this chapter.

[CGD 74-125A, 47 FR 15230, Apr. 8, 1982]



               Subpart 32.35--Main and Auxiliary Machinery



Sec. 32.35-1   Boilers and machinery--TB/ALL.

    Boilers, main and auxiliary machinery, and piping systems shall 
conform to the requirements of subchapter F (Marine Engineering) of this 
chapter,

[[Page 388]]

except as otherwise provided for in this subchapter.



Sec. 32.35-5   Installation of internal combustion engines--TB/ALL.

    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.



Sec. 32.35-10   Steering apparatus on tank vessels--TB/ALL.

    Tank vessels shall be provided with steering apparatus as required 
by part 58 of subchapter F (Marine Engineering) of this chapter.

[CGFR 68-82, 33 FR 18805, Dec. 18, 1968]



Sec. 32.35-15  Installation of air compressors on tank vessels contracted for on or after June 15, 1977--TB/ALL.

    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, cargo deck space means the volume bounded by the open 
deck over the cargo tank block, including all ballast tanks within the 
cargo tank block, extending to the full width of the vessel, plus three 
meters (about 10 feet) fore and aft of the cargo tank block and up to a 
height of 2.4 meters (about 8 feet) above the deck.
    (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.

[CGD 75-017, 42 FR 25735, May 19, 1977, as amended by CGD 75-017, 42 FR 
45677, Sept. 12, 1977]



           Subpart 32.40--Accommodations for Officers and Crew

    Source: CGD 95-027, 61 FR 25997, May 23, 1996, unless otherwise 
noted.



Sec. 32.40-1  Application--TB/ALL.

    (a) The provisions of this subpart, except Sec. 32.40-60 and 
Sec. 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 Sec. 32.40-60.
    (c) Tankships of 100 gross tons and over constructed prior to June 
15, 1987, must meet the requirements of Sec. 32.40-65.



Sec. 32.40-5  Intent--T/ALL.

    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.



Sec. 32.40-10  Location of crew spaces--T/ALL.

    (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 Sec. 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

[[Page 389]]

fitted doors or hatches between crew spaces and chain lockers, or 
machinery spaces.



Sec. 32.40-15  Construction--T/ALL.

    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.



Sec. 32.40-20  Sleeping accommodations--T/ALL.

    (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.



Sec. 32.40-25  Washrooms and toilet rooms--T/ALL.

    (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.



Sec. 32.40-30  Messrooms--T/ALL.

    (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.



Sec. 32.40-35  Hospital space--T/ALL.

    (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.

[[Page 390]]



Sec. 32.40-40  Other spaces--T/ALL.

    Each vessel must have--
    (a) Sufficient facilities where the crew may wash and dry their own 
clothes, including at least 1 sink supplied with hot and cold fresh 
water;
    (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.



Sec. 32.40-45  Lighting--T/ALL.

    Each berth must have a light.



Sec. 32.40-50  Heating and cooling--T/ALL.

    (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  deg.C (70  deg.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.



Sec. 32.40-55  Insect screens--T/ALL.

    Provisions shall be made to protect the crew quarters against the 
admission of insects.



Sec. 32.40-60  Crew accommodations on tankships of less than 100 gross tons and manned tank barges--TB/ALL.

    (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.



Sec. 32.40-65  Crew accommodations on tankships constructed before June 15, 1987--T/ALL.

    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.



                 Subpart 32.45--Electrical Installations



Sec. 32.45-1  Installation and details.

    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.

[CGD 74-125A, 47 FR 15230, Apr. 8, 1982]



        Subpart 32.50--Pumps, Piping, and Hose for Cargo Handling



Sec. 32.50-1   Cargo pumps for tank vessels constructed on or after November 10, 1936--TB/ALL.

    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.



Sec. 32.50-3   Cargo discharge--TB/ALL.

    (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.



Sec. 32.50-5   Cargo pump gauges on tank vessels constructed on or after November 10, 1936--TB/ALL.

    (a) [Reserved]

[[Page 391]]

    (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.

[CGFR 65-50, 30 FR 16671, Dec. 30, 1965, as amended by CGD 73-254, 40 FR 
40163, Sept. 2, 1975]



Sec. 32.50-10   Cargo pumps on tank vessels with independent cargo tanks which were constructed prior to November 10, 1936--TB/ALL.

    (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 pumprooms, 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.



Sec. 32.50-15   Cargo piping on tank vessels constructed on or after July 1, 1951--TB/ALL.

    (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: Provided, That, in 
special cases the Commandant may permit the piping to pass through such 
spaces if Grade E liquids only are involved.
    (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.

[CGFR 65-50, 30 FR 16671, Dec. 30, 1965, as amended by CGD 80-009, 48 FR 
36458, Aug. 11, 1983]



Sec. 32.50-20   Cargo piping for tank vessels constructed between November 10, 1936, and July 1, 1951--TB/ALL.

    (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

[[Page 392]]

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.
    (b) Cargo piping shall not pass through spaces containing machinery 
where sources of vapor ignition are normally present: Provided, That in 
special cases the Commandant may permit the piping to pass through such 
spaces if Grade E liquids only are involved.
    (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.



Sec. 32.50-25   Cargo pumps and piping on tank vessels constructed prior to November 10, 1936--TB/ALL.

    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.



Sec. 32.50-30  Cargo hose--TB/ALL.

    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.

    Note: For additional requirements concerning cargo hose, see 33 CFR 
154.500, 155.800 and 156.170.

[CGD 80-009, 48 FR 36458, Aug. 11, 1983]



Sec. 32.50-35   Remote manual shutdown for internal combustion engine driven cargo pump on tank vessels--TB/ALL.

    (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.



                      Subpart 32.52--Bilge Systems



Sec. 32.52-1   Bilge pumps on tank vessels constructed or converted on or after November 19, 1952--TB/ALL.

    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.



Sec. 32.52-5   Bilge piping for pump rooms and adjacent cofferdams on tank vessels constructed or converted on or after November 19, 1952--TB/ALL.

    (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.

[[Page 393]]

    (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.



Sec. 32.52-10   Bilge pumps and piping on tank vessels constructed or converted prior to November 19, 1952--TB/ALL.

    (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 Sec. 32.52-5(b).



                     Subpart 32.53--Inert Gas System

    Source: CGD 74-127, 41 FR 3843, Jan. 26, 1976, unless otherwise 
noted.



Sec. 32.53-1   Application--T/ALL.

    (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. 391a(2)) 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 deg. 
C below its flash point.
    (c) This part does not apply to the following:
    (1) Vessels under subsections (4) and (5) of Sec. 5, Port and Tanker 
Safety Act of 1978 (Pub. L. 95-474, 92 Stat. 1480, 46 U.S.C. 391a).
    (2) Any foreign vessel not destined for, or departing from, a port 
or place subject to the jurisdiction of the United States, that is in 
innocent passage through the territorial seas of the United States or is 
in transit through the navigable waters of the United States which form 
a part of an international strait.

[CGD 77-057a, 44 FR 66501, Nov. 19, 1979]



Sec. 32.53-3   Exemptions.

    (a) The Chief, 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

[[Page 394]]

(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 the Chief, Office 
of Marine Safety and Environmental Protection.
    (e) The Chief, Office of 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.

[CGD 77-057a, 44 FR 66502, Nov. 19, 1979, as amended by CGD 82-063b, 48 
FR 29486, June 27, 1983; CGD 88-070, 53 FR 34534, Sept. 7, 1988; CGD 95-
072, 60 FR 50461, Sept. 29, 1995; CGD 96-041, 61 FR 50727, Sept. 27, 
1996]



Sec. 32.53-5   Operation--T/ALL.

    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 at the pressure required under 
Sec. 32.53-30, except when the cargo tanks are gas free.



Sec. 32.53-10   General--T/ALL.

    (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 to supply the cargo tanks 
a gas or a mixture of gases that has an oxygen content of 5% or less by 
volume.
    (c) Each inert gas system must be designed to eliminate the need for 
fresh air in the cargo tanks during normal operations except during gas 
freeing.
    (d) Each cargo and cargo slop tank must be capable of being purged 
with inert gas.
    (e) Each inert gas system that is designed to purge the tanks with 
fresh air must have blank flanges for installation on all fresh air 
inlets when they are not in use.
    (f) Each inert gas system must be designed to minimize the risk of 
ignition from the generation of static electricity.



Sec. 32.53-15   Approval--T/ALL.

    (a) The installer of each inert gas system must submit a description 
and specifications of the supply and distribution systems, including all 
control and monitoring devices, to the appropriate Coast Guard technical 
office in accordance with 46 CFR 50.20 for approval.
    (b) Each inert gas system must meet the requirements of 46 CFR part 
56, except:
    (1) The 50 p.s.i. minimum design pressure does not apply, but 
valves, fittings, and vessels such as scrubbers must be designed for the 
maximum pressure and temperature they may encounter in service; and
    (2) The only initial service test the system is required to pass is 
an initial service leak test.



Sec. 32.53-20   Inert gas generators--T/ALL.

    Systems employing inert gas generators must meet the requirements of 
46 CFR 63.05-20 for control of the generator. Plans for each inert gas 
generator must be submitted for approval in accordance with 46 CFR 
63.05-5.



Sec. 32.53-25   Gas supply--T/ALL.

    Each inert gas system must be capable of supplying inert gas at a 
capacity of 125 percent of the combined maximum rated capacities of all 
cargo pumps which can be simultaneously operated.



Sec. 32.53-30   Positive pressure--T/ALL.

    Each inert gas system must be designed to enable the operator to 
maintain a gas pressure of 100 millimeters (4 inches) of water on filled 
cargo tanks and during loading and unloading of cargo tanks.

[[Page 395]]



Sec. 32.53-35   Gas scrubber--T/ALL.

    If the inert gas production process uses heated gas or introduces 
contaminants into the system, the system must have a scrubber or other 
device that reduces solid and sulphur combustion products and cools the 
inert gas.



Sec. 32.53-40   Scrubber: Cooling water supply--T/ALL.

    (a) The cooling water system of each inert gas system that uses a 
scrubber must furnish an adequate supply of water to each scrubber 
without interfering with the water supply to the firefighting system.
    (b) An alternate water supply must be available to each scrubber.



Sec. 32.53-45   Blowers--T/ALL.

    (a) Each inert gas system must have at least two independent blowers 
that together are capable of delivering the amount of gas required by 
Sec. 32.53-25 of this subpart.
    (b) Each inert gas system must be designed to prevent the pressure 
exerted on the tanks from exceeding their maximum design pressure.



Sec. 32.53-50   Gas distribution lines: Non-return devices--T/ALL.

    (a) Two non-return devices, one of which is a water seal, must be 
fitted in the inert gas main.
    (b) The water supply system must be designed to ensure that an 
adequate supply of water to the water seal can be maintained manually or 
automatically at all times.



Sec. 32.53-55   Stop valves--T/ALL.

    (a) Stop valves or other means of closure such as spectacle flanges 
must be fitted in each branch pipe at each tank.
    (b) Each stop valve or other device must be a type that provides 
visible indication of whether it is open or closed.



Sec. 32.53-60   Instrumentation--T/ALL.

    (a) Each inert gas system must be equipped with the following 
instruments with sensors fitted downstream of the blowers:
    (1) Oxygen concentration indicator and permanent recorder.
    (2) Pressure indicator and permanent recorder.
    (3) Temperature indicator.
    (b) Each instrument listed in paragraph (a) of this section must 
operate continuously when inert gas is being supplied to the tanks.
    (c) Each inert gas system must have readouts of oxygen 
concentration, pressure, and temperature provided at the cargo control 
station and the location of the person in charge of the main propulsion 
machinery.



Sec. 32.53-65   Portable instruments--T/ALL.

    (a) Each ship that has an inert gas system must have portable 
instruments for measuring concentrations of oxygen and hydrocarbon vapor 
in an inert atmosphere.
    (b) Each tank must have fittings which allow the use of portable 
instruments.



Sec. 32.53-70   Alarms and controls--T/ALL.

    (a) Alarms must sound at the location of the controls for the main 
propulsion machinery.
    (b) Each inert gas system must have the following:
    (1) An alarm that gives an audible and visual warning when the 
oxygen content of the inert gas exceeds 8 percent by volume.
    (2) An alarm that gives an audible and visual warning when the gas 
pressure in the inert gas main downstream of all non-return devices is 
less than 100 millimeters (4 inches) of water.
    (3) An alarm that gives an audible and visual warning and a control 
that automatically shuts off the system's blowers upon loss of normal 
water supply at the water seal.
    (4) An alarm that gives an audible and visual warning and a control 
that automatically shuts off the system's blowers when the temperature 
of the inert gas that is being delivered to the cargo tanks is more than 
65.6 deg. C (150 deg. F).
    (5) An alarm that gives an audible and visual warning and a control 
that automatically shuts off the system's blowers upon loss of normal 
cooling water supply to any scrubber.

[[Page 396]]



Sec. 32.53-75   Gas main: Automatic shutdown valve--T/ALL.

    (a) The gas main of each inert gas system must have an automatic 
shutdown valve that is fitted where the gas main leaves the production 
plant.
    (b) Each shut-down valve must be designed to close automatically 
upon blower failure.



Sec. 32.53-80   Tank cleaning--T/ALL.

    Each inert gas system must be capable of maintaining an inert 
atmosphere within tanks that are being mechanically washed.



Sec. 32.53-85   Instruction manual--T/ALL.

    (a) The master of each ship that has an inert gas system must have 
on board the ship an instruction manual that contains instructions for 
the safe operation and maintenance of the inert gas system.
    (b) 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 paragraph (a) of this section must include procedures 
relating to vapor collection operations.

[CGD 74-127, 41 FR 3843, Jan. 26, 1976, as amended by CGD 88-102, 55 FR 
25446, June 21, 1990]



                 Subpart 32.55--Ventilation and Venting



Sec. 32.55-1   Ventilation of tank vessels constructed on or after July 1, 1951--TB/ALL.

    (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 deg. F or lower are used, shall be equipped with power 
ventilation. (See Sec. 32.60-20 for other requirements concerning 
pumprooms.)



Sec. 32.55-5   Ventilation of tank vessels constructed between November 10, 1936, and July 1, 1951--TB/ALL.

    (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 Sec. 32.65-20 for other requirements concerning 
pumprooms.)



Sec. 32.55-10   Ventilation of tank vessels contracted prior to November 10, 1936--TB/ALL.

    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.

[CGFR 65-50, 30 FR 16671, Dec. 30, 1965, as amended by CGFR 66-33, 31 FR 
15268, Dec. 6, 1966]



Sec. 32.55-15   Ventilation for hold spaces--TB/ALL.

    Hold spaces containing independent cargo tanks shall be considered 
to be equivalent to cargo pumprooms and shall be ventilated and 
safeguarded as such.

[[Page 397]]



Sec. 32.55-20   Venting of cargo tanks of tankships constructed on or after July 1, 1951--T/ALL.

    (a) Venting required. (1) On all tankships, the construction or 
conversion of which is started on or after July 1, 1951, each cargo tank 
shall be equipped with a vent. The diameter of a vent shall be not less 
than 2\1/2\ inches.
    (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) Grade A liquids. (1) Cargo tanks in which Grade A liquids are to 
be transported must be fitted with a venting system consisting of a 
branch vent line from each cargo tank connected to a vent header which 
must extend to a height above the weather deck equal to at least 13.1 
feet and must terminate at a comparable distance from any living or 
working space, ventilator inlet, or source of ignition. When special 
conditions will prevent the vent line or header outlets being 
permanently installed at a height above the deck of 13.1 feet an 
adjustable system must be provided which, when extended vertically, is 
capable of reaching a height of 13.1 feet.
    (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 
Sec. 32.20-20 for liquid level gaging requirements.
    (c) Grade B or C liquids. Cargo tanks in which Grade B or C liquids 
are to be transported shall be fitted with either individual pressure-
vacuum relief valves which shall extend to a reasonable height above the 
weather deck or shall be fitted with a venting system consisting of 
branch vent lines connected to a vent header which shall extend to a 
reasonable height above the weather deck and be fitted with a flame 
arrester or a pressure-vacuum relief valve. The vent header system, if 
fitted, shall be provided with suitable connections for flushing and 
draining, and if desired, stop valves may be placed in the individual 
branch vent lines provided that each stop valve is bypassed by a 
pressure-vacuum relief valve.
    (d) Grade D or E liquids. Cargo tanks in which Grade D or E liquids 
only are to be transported shall be fitted with gooseneck vents and 
flame screens.

[CGFR 65-50, 30 FR 16671, Dec. 30, 1965, as amended by CGD 73-96, 42 FR 
49024, Sept. 26, 1977]



Sec. 32.55-25   Venting of cargo tanks of tank barges constructed on or after July 1, 1951--B/ALL.

    (a) Venting required. (1) On all tank barges, subject to the 
provisions of this subchapter the construction or conversion of which is 
started on or after July 1, 1951, each cargo tank shall be equipped with 
a vent. The diameter of a vent shall be not less than 2\1/2\ inches.
    (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.

[[Page 398]]

    (b) Grade A, B, or C liquids. Cargo tanks in which Grade A, B, or C 
liquids are to be transported shall be fitted with either individual 
pressure-vacuum relief valves which shall extend to a reasonable height 
above the weather deck or shall be fitted with a venting system 
consisting of branch vent lines connected to a vent header which shall 
extend to a reasonable height above the weather deck and be fitted with 
a pressure-vacuum relief valve. The vent header system, if fitted, shall 
be provided with suitable connections for flushing and draining, and if 
desired, stop valves may be placed in the individual branch vent lines: 
Provided, That each such stop valve is bypassed by a pressure-vacuum 
relief valve.
    (c) Grade D or E liquids. Cargo tanks in which Grade D or E liquids 
only are to be transported shall be fitted with gooseneck vents and 
flame screens.

[CGFR 65-50, 30 FR 16671, Dec. 30, 1965, as amended by CGFR 70-10, 35 FR 
3709, Feb. 25, 1970]



Sec. 32.55-30   Venting of cargo tanks of tank vessels constructed between November 10, 1936, and July 1, 1951--TB/ALL.

    (a) Venting required. On all tank vessels, the construction or 
alteration of which is started on or after November 10, 1936, and prior 
to July 1, 1951, each cargo tank shall be equipped with a vent. The 
details of the venting system shall meet the requirements of this 
section, or alternatively, the requirements of either Sec. 32.55-20 or 
Sec. 32.55-25, as applicable, shall be met.
    (b) Grade A liquids. (1) Cargo tanks in which Grade A liquids are to 
be transported shall be fitted with a venting system consisting of 
branch vent line from each cargo tank connected to a vent header which 
shall extend to a reasonable height above the weather deck and be fitted 
with a flame arrester or pressure-vacuum relief valve. Each branch vent 
line may be provided with a manually operated control valve, provided it 
is bypassed with a pressure-vacuum relief valve or each cargo tank to 
which such a branch vent line is connected is fitted with an independent 
pressure-vacuum relief valve. The vent header system shall be provided 
with suitable connections for flushing and draining.
    (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) Grade B or C liquids. Cargo tanks in which Grade B or C liquids 
are to be transported shall be fitted with individual pressure-vacuum 
relief valves or shall be fitted with a venting system consisting of 
branch vent lines connected to a vent header which shall extend to a 
reasonable height above the weather deck and be fitted with a flame 
arrester or a pressure-vacuum relief valve.
    (d) Grade D or E liquids. Cargo tanks in which Grade D or E liquids 
only are to be transported shall be fitted with gooseneck vents and 
flame screens unless such tanks are vented by pressure-vacuum relief 
valves or a venting system of branch vent lines and a vent header.



Sec. 32.55-35   Venting of cargo tanks on tank vessels constructed prior to November 10, 1936--TB/ALL.

    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: Provided, That 
on such vessels carrying Grade A cargo the requirements in Sec. 32.55-
30(b) shall be met.
Sec. 32.55-40  [Reserved]



Sec. 32.55-45   Venting of cofferdams and void spaces of tank vessels constructed on or after November 10, 1936--TB/ALL.

    (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- 

[[Page 399]]

vacuum relief valves. The diameter of a vent shall be not less than 2\1/
2\ inches.
    (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.



Sec. 32.55-50   Ventilation of tankships that have a keel laying date on or after January 1, 1975--T/ALL.

    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.

[CGD 74-127, 41 FR 3844, Jan. 26, 1976]



  Subpart 32.56--Structural Fire Protection for Tank Ships With a Keel 
                 Laying Date on or After January 1, 1975

    Source: CGD 74-127, 41 FR 3844, Jan. 26, 1976, unless otherwise 
noted.



Sec. 32.56-1   Application--T/ALL.

    This subpart applies to all tankships that have a keel laying date 
on or after January 1, 1975.



Sec. 32.56-5   General--T/ALL.

    (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 pumprooms 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.



Sec. 32.56-10   Navigation positions--T/ALL.

    (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.



Sec. 32.56-15   Deck spills--T/ALL.

    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.



Sec. 32.56-20   Insulation of exterior boundaries: Superstructures and deckhouses--T/ALL.

    The following exterior boundaries of superstructures and deckhouses 
that contain accommodation, service, and control spaces, except 
wheelhouses, must be insulated to ``A-60'' Class:

[[Page 400]]

    (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.



Sec. 32.56-21   Openings in exterior boundaries: Accommodation, service, and control spaces--T/ALL.

    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.



Sec. 32.56-22   Openings in and insulation of boundaries: Other spaces--T/ALL.

    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.



Sec. 32.56-25   Category A machinery spaces: Windows and port lights--T/ALL.

    (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.

[CGD 74-127, 41 FR 3844, Jan. 26, 1976, as amended by CGD 74-125A, 47 FR 
15230, Apr. 8, 1982]



Sec. 32.56-30   Category A machinery spaces: Bulkheads and decks--T/ALL.

    (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.



Sec. 32.56-35   Doors--T/ALL.

    (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 from the bridge or other 
suitable remote control position.



Sec. 32.56-40   Category A machinery spaces: Insulation--T/ALL.

    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.

[CGD 74-127, 41 FR 3844, Jan. 26, 1976, as amended by CGD 74-127, 41 FR 
4826, Feb. 2, 1976]



Sec. 32.56-45   Draft stops--T/ALL.

    (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.

[[Page 401]]



Sec. 32.56-50   Combustible veneers--T/ALL.

    (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.



Sec. 32.56-55   Control spaces--T/ALL.

    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.



Sec. 32.56-60   Ventilation ducts--T/ALL.

    (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.



 Subpart 32.57--Structural Fire Protection for Tank Vessels Contracted 
                     for On or After January 1, 1963



Sec. 32.57-1   Application--TB/ALL.

    (a) The provisions of this subpart shall apply to all tank vessels 
contracted for on or after January 1, 1963.



Sec. 32.57-5   Definitions--TB/ALL.

    (a) Standard fire test. A ``standard fire test'' is one which 
develops in the test furnace a series of time temperature relationships 
as follows:

                         5 minutes--1,000 deg. F.                       
                        10 minutes--1,300 deg. F.                       
                        30 minutes--1,550 deg. F.                       
                        60 minutes--1,700 deg. F.                       
                                                                        

    (b) ``A'' Class divisions. ``A'' Class divisions such as bulkheads 
and decks, means divisions that are composed of steel or an equivalent 
metal, suitably stiffened, and made intact with the main structure of 
the vessel, including the shell, structural bulkheads, or decks. They 
are constructed so that, if subjected to the standard fire test, they 
are capable of preventing the passage of flame and smoke for one hour. 
In addition, they are insulated with approved structural insulation, 
bulkhead panels, or deck coverings so that the average temperature on 
the unexposed side does not rise more than 139 deg. C (250 deg. F) above 
the original temperature, nor does the temperature at any one point, 
including any joint, rise more than 181 deg. C (325 deg. F) above the 
original temperature, within the time listed below:

Class A-60................................  60 minutes                  
Class A-30................................  30 minutes                  
Class A-15................................  15 minutes                  
Class A-0.................................  0 minutes with no insulation
                                             requirement                
                                                                        

    (c) ``B'' Class bulkheads. Bulkheads of the ``B'' Class shall be 
constructed with approved incombustible materials and made intact from 
deck to deck and to shell or other boundaries. They shall be so 
constructed that, if subjected to the standard fire test, they would be 
capable of preventing the passage of flame for one-half hour.
    (d) ``C'' Class divisions. Bulkheads or decks of the ``C'' Class 
shall be constructed of approved incombustible materials, but need meet 
no requirements relative to the passage of flame.
    (e) Steel. Where the term ``steel or other equivalent metal'' is 
used in this subpart, it is intended to require a material which, by 
itself or due to insulation provided, has structural and integrity 
qualities equivalent to steel at the end of the applicable fire 
exposure.
    (f) Approved material. Where in this subpart approved materials are 
required, they refer to materials approved under the applicable subparts 
of subchapter Q (Specifications) of this chapter, as follows:

[[Page 402]]



Deck Coverings............................  164.006                     
Structural Insulations....................  164.007                     
Bulkhead Panels...........................  164.008                     
Incombustible Materials...................  164.009                     
Interior Finishes.........................  164.012                     
                                                                        

    (g) Stairtower. A stairtower is a stairway which penetrates more 
than a single deck within the same enclosure.

[CGFR 65-50, 30 FR 16671, Dec. 30, 1965, as amended by CGFR 67-90, 33 FR 
1015, Jan. 26, 1968; CGD 74-127, 41 FR 3845, Jan. 26, 1976; CGD 75-032, 
41 FR 17910, Apr. 29, 1976]



Sec. 32.57-10   Construction--TB/ALL.

    (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 
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. Such doors shall be fitted with a suitable 
kickout panel in the lower half. 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 not meet the requirements for an 
approved deck covering may be used in thicknesses not exceeding \3/8\ of 
an inch.
    (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 American Society for Testing and Materials (ASTM) 
Specification D-1692, ``Rate of Burning or Extent of Burning of Cellular 
Plastics Using a Supported Specimen by a Horizontal Screen'', 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.

[[Page 403]]

    (f) Nitrocellulose or other highly flammable or noxious fume-
producing paints or lacquers shall not be used.

[CGFR 65-50, 30 FR 16671, Dec. 30, 1965, as amended by CGFR 66-33, 31 FR 
15268, Dec. 6, 1966; CGFR 67-90, 33 FR 1015, Jan. 26, 1968; CGD 74-127, 
41 FR 3845, Jan. 26, 1976]



   Subpart 32.59--Minimum Longitudinal Strength and Plating Thickness 
Requirements for Unclassed Tank Vessels That Carry Certain Oil Cargoes--
                                 TB/ALL



Sec. 32.59-1  Minimum section modulus and plating thickness requirements--TB/ALL.

    (a) As used in this seciton, Rule means the current Rules of the 
American Bureau of Shipping or other recognized classification society, 
as appropriate for the vessel's present service and regardless of the 
year the vessel was constructed.
    (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 requirment, 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/cm2 (1.30 t/cm2, 8.25 Ltf/in2).
    (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.

[CGD 91-209, 58 FR 52602, Oct. 8, 1993]



  Subpart 32.60--Hull Requirements for Tank Vessels Constructed On or 
                           After July 1, 1951

    Note: 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.



Sec. 32.60-1   Scantlings, material, and workmanship--TB/ALL.

    (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.



Sec. 32.60-5   Subdivision of cargo space--TB/ALL.

    The cargo space shall be divided into tight compartments as 
necessary to

[[Page 404]]

avoid excessive stresses and to provide stability.



Sec. 32.60-10   Segregation of cargo; Grade A, B, C, or D--TB/ALL.

    (a) General. The galleys, living quarters, navigation spaces, 
general cargo spaces, boiler rooms, and enclosed spaces where sources of 
vapor ignition are normally present, shall be segregated from cargo 
tanks by cofferdams or pump rooms or tanks, either empty or used to 
carry liquid having a flashpoint of 150 deg. F. or above, or deck spaces 
enclosed or open.
    (b) Cargo tank spaces. Cargo tank spaces shall extend to the main 
deck, with hatches and vents located on the weather deck. Liquids having 
a flash point of not less than 150 deg. F. may be carried in the bulk 
tanks located beyond the segregating cofferdams and/or pump rooms.
    (c) Enclosed spaces. (1) Cargo and vent piping passing through 
enclosed spaces immediately above the bulk cargo tanks shall be 
continuous except that flanged joints connecting pipe sections will be 
permitted.
    (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) Stowage spaces. The spaces described in paragraph (c) of this 
section may be used for stowage purposes and for general cargo provided 
that adequate ventilation is furnished.
    (e) Openings. (1) Except as provided in paragraph (c) of this 
section, there shall be no manholes or other openings from cargo tanks 
to any other enclosed spaces. An exception may be made to allow direct 
access from cargo tanks to innerbottoms through gas tight bolted 
manholes, provided:
    (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 ballast pumping system 
serving the innerbottom tanks are treated like cargo pumping systems.
    (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.

[CGFR 65-50, 30 FR 16671, Dec. 30, 1965, as amended by CGFR 69-72, 34 FR 
17481, Oct. 29, 1969]



Sec. 32.60-15   Segregation of cargo; Grade E--TB/ALL.

    (a) General. The galleys, living quarters, navigation spaces, 
general cargo spaces, boilerrooms, and enclosed spaces containing 
machinery, where sources of vapor ignition are normally present, shall 
be segregated from the cargo tanks by tight bulkheads and intervening 
spaces are not required.
    (b) Cargo tank spaces. Cargo tank spaces can be terminated at any 
deck with hatches on the same deck, but the vent lines shall be extended 
to the weather deck. Butterworth openings and extension rods may be 
located on the tank top.



Sec. 32.60-20   Pumprooms on tank vessels carrying Grade A, B, C, D and/or E liquid cargo--TB/ALL.

    (a) Cargo pumps. In tank vessels carrying Grade A, B, C, or D liquid 
cargo, cargo pumps shall be isolated from source of vapor ignition by 
gastight bulkheads. A gastight bulkhead between the pumproom and the 
pump engine room may be pierced for drive shaft and pump engine control 
rods provided such openings are fitted with stuffing boxes or other 
approved gland arrangement. A steam driven pump shall not be considered 
a source of vapor ignition provided the steam temperature does not 
exceed 500 deg. F.
    (b) Ventilation for pumprooms on tank vessels the construction or 
conversion of which is started between July 1, 1951, and January 1, 
1963. (1) Pumprooms of all

[[Page 405]]

tank vessels, the construction or conversion of which is started between 
July 1, 1951, and January 1, 1963, shall be ventilated in such a way as 
to remove vapors from points near the floor level or bilges. Pumprooms 
on tankships handling Grade A, B, or C liquid cargo, with machinery 
located below the freeboard deck, shall be equipped with power 
ventilation. Pumprooms equipped with power ventilation shall have the 
ventilation outlets terminate more than six feet from any opening to the 
interior part of the vessel which normally contains sources of vapor 
ignition.
    (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) Ventilation for pumprooms on tank vessels the construction or 
conversion of which is started on or after January 1, 1963. (1) For all 
tank vessels, the construction or conversion of which is started on or 
after January 1, 1963, the cargo pumprooms shall be fitted in accordance 
with paragraphs (a) and (d) of this section. Cargo pumprooms on these 
vessels shall be ventilated in such a way as to remove vapors from 
points near the floor level or bilges. Cargo pumprooms on tank vessels 
handling Grade A, B, or C liquid cargo, 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 based upon the volume 
of the pumproom and associated trunks up to the deck at which access 
from the weather is provided.
    (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, but 
when fitted shall be arranged to avoid turbulence in the cargo pumproom. 
Cargo pumprooms equipped with power ventilation shall have the 
ventilation outlets terminate more than 6 feet from any opening to the 
interior part of the vessel which normally contains sources of vapor 
ignition, and shall be so located as to minimize the possibility of 
recirculating contaminated air through the pumproom.
    (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) Access. The access to a cargo pumproom in a tank vessel carrying 
Grade A, B, C, or D liquid cargo shall be from the open deck.

[CGFR 65-50, 30 FR 16671, Dec. 30, 1965, as amended by CGFR 70-143, 35 
FR 19905, Dec. 30, 1970]



Sec. 32.60-25   Living quarters--TB/ALL.

    (a) 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.
    (b) See subpart 32.57 for structural fire protection for tank 
vessels contracted for on or after January 1, 1963.



Sec. 32.60-30   Tank vessels with independent tanks--TB/ALL.

    (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

[[Page 406]]

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.



Sec. 32.60-35   Tank vessels carrying Grade A liquid cargo--TB/ALL.

    (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 Sec. 32.63-5(b)(3).

[CGFR 70-10, 35 FR 3709, Feb. 25, 1970]



Sec. 32.60-40   Construction and testing of cargo tanks and bulkheads--TB/ALL.

    (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.

[CGFR 65-50, 30 FR 16671, Dec. 30, 1965, as amended by CGFR 68-82, 33 FR 
18805, Dec. 18, 1968]



Sec. 32.60-45   Segregation of spaces containing the emergency source of electric power--TB/ALL.

    (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 
Sec. 72.05-10 of subchapter H (Passenger Vessels) of this chapter, will 
be considered as meeting the requirements of this paragraph.



    Subpart 32.63--Hull and Cargo Tank Requirements for Tank Barges 
Constructed or Converted On or After July 1, 1964, and Carrying Certain 
                         Dangerous Bulk Cargoes



Sec. 32.63-1   Application--B/ALL.

    (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).

[CGFR 70-10, 35 FR 3709, Feb. 25, 1970]

[[Page 407]]



Sec. 32.63-5   Barge hull classifications--B/ALL.

    (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) Type I barge hull. Barge hulls classed as Type I are those 
designed to carry products which require the maximum preventive measures 
to preclude the uncontrolled release of the cargo to the waterways and/
or atmosphere.
    (2) Type II barge hull. Barge hulls classed as Type II are those 
designed to carry products which require substantial preventive measures 
to preclude uncontrolled release to the atmosphere, but whose 
uncontrolled release to the waterways does not constitute a longlasting 
public or operating personnel hazard, though local and temporary 
pollution may occur.
    (3) Type III barge hull. Barge hulls classed as Type III are those 
designed to carry products of sufficient hazard to require a moderate 
degree of control.



Sec. 32.63-8   Alternative arrangements--B/ALL.

    (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.



Sec. 32.63-10   Rakes and coamings--B/ALL.

    (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 to a minimum height of 24 inches 
at midlength and 18 inches thereafter.



Sec. 32.63-20   Hull structure--B/ALL.

    (a) General. In addition to complying with the requirements of 
Sec. 32.60-1, as applicable, barge hulls of Types I and II shall comply 
with the provisions of this section.
    (b) Types I and II barge hull. Under an assumed grounding condition 
such that the forward rake bulkhead rests upon a pinnacle at the water 
surface, the maximum hull bending stress shall not exceed the following 
limits:
    (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.



Sec. 32.63-25   Cargo tanks and supports--B/ALL.

    (a) General. Saddles and hold-down securing straps for independent 
cargo tanks shall be designed to prevent tank failure due to loads 
induced in the saddles or straps by barge deflection.
    (b) Collision protection. (1) All independent cargo tanks installed 
on Type

[[Page 408]]

I and Type II barge hulls shall be protected with suitable collision 
chocks or collision straps to withstand a longitudinal collision load of 
one and one-half times the weight of the tank and cargo. All other 
independent cargo tanks shall be provided with suitable collision chocks 
or collision straps to withstand a longitudinal collision load equal to 
the weight of the tank and cargo.
    (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) Cargo tank design--(1) Types I and II barge hulls. (i) In 
addition to requirements provided for in applicable regulations for a 
specific commodity, cargoes subject to the provisions of this subpart 
shall be transported in cargo tanks meeting the requirements of this 
paragraph. Pressure vessel-type cargo tanks shall have sufficient 
additional strength so as to limit the maximum combined tank stress, 
including saddle horn and bending stresses, to 1.5 times the maximum 
allowable hoop stress in still water, and 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 
Sec. 32.63-20(b).
    (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 Sec. 32.63-
20(b).
    (2) Type III barge hulls. In addition to the requirements of this 
paragraph, pressure vessel-type cargo tanks shall have sufficient 
additional strength so as to limit the maximum combined stress, 
including saddle horn and bending stresses, to 1.5 times the maximum 
allowable hoop stress.



  Subpart 32.65--Hull Requirements for Tank Vessels Constructed On or 
           After November 10, 1936, and Prior to July 1, 1951



Sec. 32.65-1   Application--TB/ALL.

    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.



Sec. 32.65-5   Scantlings, material, and workmanship--TB/ALL.

    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.



Sec. 32.65-10   Subdivision of cargo space--TB/ALL.

    The cargo space shall be divided into tight compartments as 
necessary to avoid excessive stresses and to provide stability.



Sec. 32.65-15   Cofferdams--TB/ALL.

    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.



Sec. 32.65-20   Pumprooms--TB/ALL.

    (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

[[Page 409]]

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 Sec. 32.60-
20.0.)



Sec. 32.65-25   Living quarters--TB/ALL.

    Partitions and sheathing shall be of approved fire-resistive 
construction.



Sec. 32.65-30   Tank vessels with independent tanks--TB/ALL.

    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.



Sec. 32.65-35   Tank vessels carrying Grade A liquids--TB/ALL.

    Cargo tanks for Grade A liquids having a Reid vapor pressure in 
excess of 25 pounds shall be independent of the hull.



Sec. 32.65-40   Construction and testing of cargo tanks and bulkheads--TB/ALL.

    (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.

[CGFR 65-50, 30 FR 16671, Dec. 30, 1965, as amended by CGFR 68-82, 33 FR 
18805, Dec. 18, 1968]



Subpart 32.70--Hull Requirements for Steel Hull Tank Vessels Constructed 
                       Prior to November 10, 1936



Sec. 32.70-1   Application--TB/ALL.

    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.



Sec. 32.70-5   Hull requirements; general--TB/ALL.

    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.

[CGFR 66-33, 31 FR 15268, Dec. 6, 1966]



Sec. 32.70-10   Cofferdams--TB/ALL.

    Tank vessels carrying Grade A, B, or C liquids shall be required to 
conform to the construction requirements in regard to vertical 
cofferdams in Sec. 32.65-15, except that a dry cargo compartment shall 
be considered to be equivalent to a cofferdam, and except as provided 
for in Sec. 32.70-20.



Sec. 32.70-15   Pumprooms--TB/ALL.

    Tank vessels handling Grade A, B, C or D liquid cargo shall meet the 
requirements for tank vessels in Sec. 32.65-20 except that the 
electrical installation shall comply with the requirements of 
Sec. 32.45-10(c).



Sec. 32.70-20   Pump-engine compartment--TB/ALL.

    No cofferdam will be required between a cargo tank and a compartment

[[Page 410]]

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.



Sec. 32.70-25   Cargo tanks--TB/ALL.

    Cargo tanks shall comply with the conditions specified in 
Secs. 32.65-30 and 32.65-35, and shall pass the tests required in 
Sec. 32.65-40: Provided, however, That less than 15 inches around such 
tanks may be accepted if in the judgment of the Officer in Charge, 
Marine Inspection, making the inspection, a satisfactory inspection of 
the cargo tanks and hull structure can be made.



Subpart 32.75--Hull Requirements for Wood Hull Tank Vessels Constructed 
                       Prior to November 10, 1936



Sec. 32.75-1   Application--TB/ALL.

    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.



Sec. 32.75-5   Hull requirements; general--TB/ALL.

    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.



Sec. 32.75-10   Cargo tanks--TB/ALL.

    Cargo tanks shall be independent of the wood hull, shall be made of 
steel or iron, and shall pass the tests required in Sec. 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.



Sec. 32.75-15   Electric bonding and grounding for tanks--TB/ALL.

    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.



Sec. 32.75-20   Hold spaces and bulkheads--TB/ALL.

    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 Sec. 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.



Subpart 32.80--Tank Barges Constructed of Materials Other Than Steel or 
                                  Iron



Sec. 32.80-1   General requirements--B/ALL.

    All tank barges with hulls constructed of materials other than iron 
or steel, the construction or conversion

[[Page 411]]

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.



    Subpart 32.85--Lamp and Paint Rooms and Similar Compartments on 
                                Tankships



Sec. 32.85-1   Fireproofing of lamp, oil and paint rooms--T/ALL.

    Lamp, oil and paint rooms shall be wholly and tightly lined with 
metal.



                 Subpart 32.90--Pilot Boarding Equipment



Sec. 32.90-1  Pilot boarding equipment.

    (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 deg..
    (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 an accommodation ladder or equally safe and convenient 
means.
    (h) Pilot hoists, if used, must be approved under subpart 163.002 of 
this chapter.

[CGD 79-032, 49 FR 25455, June 21, 1984]



PART 34--FIREFIGHTING EQUIPMENT--Table of Contents




                         Subpart 34.01--General

34.01-1  Applicability--TB/ALL.
34.01-5  Equipment installed but not required--TB/ALL.
34.01-10  Protection for unusual arrangements or special products--TB/
          ALL.
34.01-15  Incorporation by reference.

          Subpart 34.05--Firefighting Equipment, Where Required

34.05-1  Fire main system--T/ALL.
34.05-5  Fire-extinguishing systems--T/ALL.
34.05-10  Portable and semiportable extinguishers--TB/ALL.
34.05-20  Fire axes--T/ALL.

                Subpart 34.10--Fire Main System, Details

34.10-1  Application--TB/ALL.
34.10-5  Fire pumps--T/ALL.
34.10-10  Fire station hydrants, hose and nozzles--T/ALL.
34.10-15  Piping--T/ALL.
34.10-90  Installations contracted for prior to May 26, 1965--T/ALL.

                 Subpart 34.13--Steam Smothering System

34.13-1  Application--T/ALL.

      Subpart 34.15--Carbon Dioxide Extinguishing Systems, Details

34.15-1  Application--T/ALL.
34.15-5  Quantity, pipe sizes, and discharge rates--T/ALL.
34.15-10  Controls--T/ALL.
34.15-15  Piping--T/ALL.
34.15-20  Carbon dioxide storage--T/ALL.
34.15-25  Discharge outlets--T/ALL.
34.15-30  Alarms--T/ALL.
34.15-35  Enclosure openings--T/ALL.
34.15-40  Pressure relief--T/ALL.
34.15-90  Installations contracted for prior to January 1, 1962--T/ALL.

        Subpart 34.17--Fixed Foam Extinguishing Systems, Details

34.17-1  Application--T/ALL.
34.17-5  Quantity of foam required--T/ALL.
34.17-10  Controls--T/ALL.
34.17-15  Piping--T/ALL.

[[Page 412]]

34.17-20  Discharge outlets--T/ALL.
34.17-25  Additional protection required--T/ALL.
34.17-90  Installations contracted for prior to January 1, 1962--T/ALL.

                Subpart 34.20--Deck Foam System, Details

34.20-1  Application--T/ALL.
34.20-3  Cargo area definition--T/ALL.
34.20-5  Quantity of foam required--T/ALL.
34.20-10  Controls--T/ALL.
34.20-15  Piping--T/ALL.
34.20-20  Discharge outlets--T/ALL.
34.20-25  Foam monitor capacity--T/ALL.
34.20-90  Installations contracted for prior to January 1, 1970--T/ALL.

        Subpart 34.25--Water Spray Extinguishing Systems, Details

34.25-1  Application--T/ALL.
34.25-5  Capacity and arrangement--T/ALL.
34.25-10  Controls--T/ALL.
34.25-15  Piping--T/ALL.
34.25-20  Spray nozzles--T/ALL.
34.25-90  Installations contracted for prior to January 1, 1964--T/ALL.

         Subpart 34.50--Portable and Semiportable Extinguishers

34.50-1  Application--TB/ALL.
34.50-5  Classification--TB/ALL.
34.50-10  Location--TB/ALL.
34.50-15  Spare charges--TB/ALL.
34.50-20  Semiportable fire extinguishers--TB/ALL.
34.50-90  Vessels contracted for prior to January 1, 1962--TB/ALL.

                        Subpart 34.60--Fire Axes

34.60-1  Application--T/ALL.
34.60-5  Number required--T/ALL.
34.60-10  Location--T/ALL.

    Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; 49 CFR 1.46.

    Source: CGFR 65-50, 30 FR 16694, Dec. 30, 1965, unless otherwise 
noted.



                         Subpart 34.01--General



Sec. 34.01-1  Applicability--TB/ALL.

    (a) The provisions of this part shall apply to all tank vessels 
except as otherwise noted in this part.

[CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended by CGD 88-032, 56 FR 
35821, July 29, 1991]



Sec. 34.01-5   Equipment installed but not required--TB/ALL.

    (a) Where firefighting equipment is not required, but is installed, 
the equipment and its installation shall be of an approved type.



Sec. 34.01-10   Protection for unusual arrangements or special products--TB/ALL.

    (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.



Sec. 34.01-15  Incorporation by reference.

    (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 Federal Register and make the material available to the 
public. All approved material is on file at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC and 
at the U.S. Coast Guard, Office of Design and Engineering Standards (G-
MSE), 2100 Second Street SW., Washington, DC 20593-0001 and is available 
from the sources indicated in paragraph (b) of this section.
    (b) The material approved for incorporation by reference in this 
part and the sections affected are:

            American Society for Testing and Materials (ASTM)

1916 Race Street, Philadelphia, PA 19103
ASTM F-1121, Standard Specification for International Shore Connections 
for Marine Fire Applications, 1987..............................34.10-15

[CGD 88-032, 56 FR 35821, July 29, 1991, as amended by CGD 95-072, 60 FR 
50461, Sept. 29, 1995; CGD 96-041, 61 FR 50727, Sept. 27, 1996]

[[Page 413]]



          Subpart 34.05--Firefighting Equipment, Where Required



Sec. 34.05-1   Fire main system--T/ALL.

    (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.

[CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended by CGD 77-057a, 44 
FR 66502, Nov. 19, 1979]



Sec. 34.05-5   Fire-extinguishing systems--T/ALL.

    (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) Dry cargo compartments. A carbon dioxide or water spray system 
must be installed for the protection of all dry cargo compartments. 
Where such compartments are readily accessible by means of doors such 
spaces need be protected only by the fire main system.
    (2) Cargo tanks. A deck foam system must be installed for the 
protection of all cargo tank spaces. Where a deck foam system is 
installed, an approved inert gas, steam or other system may also be 
installed for the purposes of fire prevention or inerting of cargo 
tanks. For vessels under 100 feet in length, the semiportable equipment 
required by footnote 1 of table 34.05-5(a) will be considered as meeting 
the requirements of this subparagraph.
    (3) Lamp and paint lockers and similar spaces. A carbon dioxide or 
water spray system must be installed in all lamp and paint lockers, oil 
rooms, and similar spaces.
    (4) Pumprooms. A carbon dioxide, inert gas, foam or water spray 
system must be installed for the protection of all pumprooms.
    (5) Boilerrooms. On tankships contracted for on or after November 
19, 1952, a carbon dioxide or foam system shall be installed for the 
protection of all spaces containing oil fired boilers, either main or 
auxiliary, their fuel oil service pumps and/or such fuel oil units as 
the heaters, strainers, valves, manifolds, etc., that are subject to the 
discharge pressure of the fuel oil service pumps.
    (6) Machinery spaces. A carbon dioxide system shall be installed for 
the protection of machinery spaces containing internal combustion 
propelling engines using fuel having a flashpoint of less than 110 
degrees F.
    (7) Internal combustion installations. Fire-extinguishing systems 
shall be provided for internal combustion installations in accordance 
with the following:
    (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) Enclosed ventilating system. On tankships contracted for on or 
after January 1, 1962, where an enclosed ventilating system is installed 
for electric propulsion motors or generators, a carbon dioxide 
extinguishing system shall be installed in such system.
    (b) The arrangements and details of the fire-extinguishing systems 
shall be as set forth in subparts 34.10 through 34.20.

[CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended by CGFR 67-90, 33 FR 
1015, Jan. 26, 1968; CGD 77-057a, 44 FR 66502, Nov. 19, 1979; CGD 95-
027, 61 FR 25998, May 23, 1996]

[[Page 414]]



Sec. 34.05-10   Portable and semiportable extinguishers--TB/ALL.

    (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.

[CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended by CGFR 70-143, 35 
FR 19905, Dec. 30, 1970]



Sec. 34.05-20   Fire axes--T/ALL.

    (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.



                Subpart 34.10--Fire Main System, Details



Sec. 34.10-1   Application--TB/ALL.

    (a) On all tankships the provisions of this subpart, with the 
exception of Sec. 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 Sec. 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.



Sec. 34.10-5   Fire pumps--T/ALL.

    (a) Tankships shall be equipped with independently driven fire pumps 
in accordance with Table 34.10-5(a).

                      Table 34.10-5(a)--Fire Pumps                      
------------------------------------------------------------------------
  Size vessel, L.O.A.                              Minimum hydrant and  
        (feet)            Minimum     Powerful      hose size (inches)  
-----------------------  number of   streams of ------------------------
                           pumps     water per     Exterior    Interior 
  Over--    Not over--                  pump       stations    stations 
------------------------------------------------------------------------
                  100         (1)   ...........  ...........  ..........
100.......        250          21          32       1\1/2\       1\1/2\ 
250.......        400           2          32       1\1/2\       1\1/2\ 
400.......        650           2          32      42\1/2\       1\1/2\ 
650.......  ..........          2          33      42\1/2\      1\1/2\  
------------------------------------------------------------------------
1 Vessels of 65 feet and not over 100 feet shall be equipped with 2 B-V 
  extinguishers. (Refer to Table 34.50-5(c).) Vessels under 65 feet     
  shall be equipped with 1 B-V extinguisher. (Refer to Table 34.50-     
  5(c).)                                                                
2 Vessels of 1,000 gross tons and over on an international voyage shall 
  have at least 2 fire pumps.                                           
3 From hydrants having greatest pressure drop between fire-pump(s) and  
  nozzles.                                                              
4 Where 2\1/2\-inch hydrant size is required, two 1\1/2\-inch outlets   
  may be substituted therefor with two 1\1/2\-inch hoses.               

    (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\1/2\-inch hose is 
permitted in lieu of 2\1/2\-inch hose by footnote 3 of Table 34.10-5(a), 
the pump capacity shall be determined on the basis that both hoses are 
used.
    (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 Sec. 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. Unless specifically approved by the Commandant no branch 
lines shall be connected to the fire mains for other than fire, deck 
wash or tank cleaning purposes. Other discharge lines shall lead from a 
discharge manifold near the fire pump. In no case shall a pump having 
connection to an oil line be used as a fire pump.
    (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

[[Page 415]]

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.



Sec. 34.10-10   Fire station hydrants, hose and nozzles--T/ALL.

    (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 combination solid 
stream and water spray firehose nozzle that meets the requirements in 
subpart 162.027 of this chapter. 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. A suitable hose rack or other device must be 
provided. Hose racks on weather decks must be located to afford 
protection from heavy seas. The hose must be stored in a location that 
is readily visible.

 Table 34.10-10(E) Hydrants with Coast Guard Approved Low-Velocity Water
                            Spray Applicators                           
------------------------------------------------------------------------
                                                 Number of              
                                                  hydrants     Approved 
                   Location                         with      applicator
                                                  approved      length  
                                                applicators     (feet)  
------------------------------------------------------------------------
Living space..................................            1            4
Weather deck..................................            4     10 or 12
Machinery space...............................            2            4
------------------------------------------------------------------------

    (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. National Standard fire hose coupling threads 
shall be used for the 1\1/2\-inch and 2\1/2\-inch sizes, i.e., 9 threads 
per inch for 1\1/2\-inch hose and 7\1/2\ threads per inch for 2\1/2\-
inch hose.
    (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.

[[Page 416]]

    (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.

[CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended by CGD 74-60, 41 FR 
43151, Sept. 30, 1976; CGD 76-086, 44 FR 2391, Jan. 11, 1979; CGD 95-
027, 61 FR 25999, May 23, 1996]



Sec. 34.10-15   Piping--T/ALL.

    (a) All piping, valves and fittings shall meet the applicable 
requirements of subchapter F (Marine Engineering) of this chapter.
    (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 
Sec. 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. 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 Sec. 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.

[CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended by CGD 74-289, 44 FR 
26006, May 3, 1979, CGD 88-032, 56 FR 35821, July 29, 1991]



Sec. 34.10-90   Installations contracted for prior to May 26, 1965--T/ALL.

    (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 Secs. 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

[[Page 417]]

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 Sec. 34.10-5 shall be met.
    (9) Fire hydrant outlets shall have a minimum diameter of 1\1/2\ 
inches.
    (10) Each fire station hydrant on a tankship of 500 gross tons or 
more 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.
    (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 Sec. 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 Sec. 34.10-10(o).

[CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended by CGD 76-086, 44 FR 
2391, Jan. 11, 1979; CGD 95-027, 61 FR 25999, May 23, 1996]



                 Subpart 34.13--Steam Smothering Systems

    Source: CGD 95-027, 61 FR 25999, May 23, 1996.



Sec. 34.13-1  Application--T/ALL.

    Steam smothering fire extinguishing systems are not permitted on 
vessels contracted for on or after January 1,

[[Page 418]]

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.



      Subpart 34.15--Carbon Dioxide Extinguishing Systems, Details



Sec. 34.15-1   Application--T/ALL.

    (a) Where a carbon dioxide extinguishing system is installed, the 
provisions of this subpart, with the exception of Sec. 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 Sec. 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.



Sec. 34.15-5   Quantity, pipe sizes, and discharge rates--T/ALL.

    (a) General. (1) The amount of carbon dioxide required for each 
space shall be as determined by paragraphs (b) through (e) of this 
section.
    (b) Total available supply. (1) A separate supply of carbon dioxide 
need not be provided for each space protected. The total available 
supply shall be at least sufficient for the space requiring the greatest 
amount.
    (c) Dry cargo spaces. (1) The number of pounds of carbon dioxide 
required for each space shall be equal to the gross volume of the space 
in cubic feet divided by 30.
    (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 \3/4\-inch standard pipe size.
    (4) No specific discharge rate need be applied to such systems.
    (d) Enclosed ventilation systems for rotating electrical propulsion 
equipment. (1) The number of pounds of carbon dioxide required for the 
initial charge shall be equal to the gross volume of the system divided 
by 10 for systems having a volume of less than 2,000 cubic feet, and 
divided by 12 for systems having a volume of 2,000 cubic feet or more.
    (2) The piping for the initial charge shall be in accordance with 
Table 34.15-5(e)(5), and the discharge of the required amount shall be 
completed within 2 minutes.
    (3) In addition to the above there shall be sufficient carbon 
dioxide available to permit delayed discharges of such quantity as to 
maintain at least a 25 percent concentration until the equipment can be 
stopped. If the initial discharge is such as to achieve this 
concentration until the equipment is stopped, no delayed discharge need 
be provided.
    (4) The piping for the delayed discharge shall not be less than \1/
2\-inch standard pipe, and no specific discharge rate need be applied to 
such systems. On small systems, this pipe may be incorporated with the 
initial discharge piping.
    (e) Machinery spaces, pumprooms, paint lockers, and similar spaces. 
(1) Except as provided in paragraph (e)(4) of this section, the number 
of pounds of carbon dioxide required for each space shall be equal to 
the gross volume of the space divided by the appropriate factor noted in 
Table 34.15-5(e)(1). If fuel can drain from the compartment being 
protected to an adjacent compartment, or if the compartments are not 
entirely separate, the requirements for both compartments shall be used 
to determine the amount of carbon dioxide to be provided. The carbon 
dioxide shall be arranged to discharge into both such compartments 
simultaneously.

[[Page 419]]



                           Table 34.15-5(e)(1)                          
------------------------------------------------------------------------
     Gross volume of compartment, cubic feet                            
-------------------------------------------------         Factor        
          Over                   Not Over                               
------------------------------------------------------------------------
                                       500                      15      
500....................              1,600                      16      
1,600..................              4,500                      18      
4,000..................             50,000                      20      
50,000.................  .......................                22      
------------------------------------------------------------------------

    (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 (e) (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(e)(5).

                           Table 34.15-5(e)(5)                          
------------------------------------------------------------------------
                                      Maximum quantity                  
 Maximum quantity     Minimum pipe        of carbon       Minimum pipe  
of carbon dioxide    sizes, inches         dioxide         size inches  
 required, pounds                     required, pounds                  
------------------------------------------------------------------------
100..............           \1/2\             2,500            2\1/2\   
225..............           \3/4\             4,450               3     
300..............             1               7,100            3\1/2\   
600..............          1\1/4\            10,450               4     
1,000............          1\1/2\            15,000            4\1/2\   
2,450............             2       ................  ................
------------------------------------------------------------------------

    (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.

[CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended at 45 FR 64188, 
Sept. 29, 1980]



Sec. 34.15-10   Controls--T/ALL.

    (a) Except as noted in Sec. 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 
Sec. 34.15-5(e) which contain not more than 300 pounds of carbon 
dioxide.

[[Page 420]]

    (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 Sec. 35.40-10 of the subchapter.
    (d) Systems of the type indicated in Sec. 34.15-5(e) 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 Sec. 34.15-5(e), 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 CO2 cylinder storage room. On 
systems in which the CO2 cylinders are not within the protected 
space, these instructions must also include a schematic diagram of the 
system and instructions detailing alternate methods of discharging the 
system should the manual release or stop valve controls fail to operate. 
Each control valve to branch lines must be marked to indicate the 
related space served.
    (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-glass-type box conspicuously located adjacent to the opening.

[CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended by CGD 74-100R, 40 
FR 6208, Feb. 10, 1975]



Sec. 34.15-15   Piping--T/ALL.

    (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 \3/4\-inch shall be at 
least Schedule 40 (standard weight) and in nominal sizes over \3/4\-
inch, shall be at least Schedule 80 (extra heavy).
    (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

[[Page 421]]

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.



Sec. 34.15-20   Carbon dioxide storage--T/ALL.

    (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 Sec. 34.15-5(e), 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 Secs. 147.60 and 
147.65 of this chapter.

[CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended at 53 FR 7748, Mar. 
10, 1988]



Sec. 34.15-25   Discharge outlets--T/ALL.

    (a) Discharge outlets shall be of an approved type.



Sec. 34.15-30   Alarms--T/ALL.

    (a) Spaces required to have a delayed discharge by Sec. 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 Sec. 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.

[[Page 422]]



Sec. 34.15-35   Enclosure openings--T/ALL.

    (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.



Sec. 34.15-40   Pressure relief--T/ALL.

    (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.



Sec. 34.15-90   Installations contracted for prior to January 1, 1962--T/ALL.

    (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 
Secs. 34.15-5 through 34.15-40 insofar as is reasonable and practicable, 
with the exception of Sec. 34.15-5 (e) (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 boilerrooms, 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 number of pounds 
of carbon dioxide shall be equal to the gross volume of the boiler room 
taken to the top of the boilers divided by 36. In the event of an 
elevated boilerroom which drains to the machinery space, the system 
shall be installed in the engineroom bilge and the gross volume shall be 
taken to the flat on which the boilers are installed.
    (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 \3/8\-inch 
diameter.

                          Table 34.15-90(a)(7)                          
------------------------------------------------------------------------
 Number of cylinders                                                    
---------------------              Nominal pipe size, inches            
   Over     Not over                                                    
------------------------------------------------------------------------
                   2  \1/2\-standard.                                   
2    ....          4  \3/4\-standard.                                   
4    ....          6  1-extra heavy.                                    
6    ....         12  1\1/4\-extra heavy.                               
12    ...         16  1\1/2\-extra heavy.                               
16    ...         27  2-extra heavy.                                    
27    ...         39  2\1/2\-extra heavy.                               
39    ...         60  3-extra heavy.                                    
60    ...         80  3\1/2\-extra heavy.                               
80    ...        104  4-extra heavy.                                    
104    ..        165  5-extra heavy.                                    
------------------------------------------------------------------------

    (b) Installations contracted for on or after November 19, 1952, but 
prior to

[[Page 423]]

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 
Secs. 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.

[CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended by CGFR 66-33, 31 FR 
15268, Dec. 6, 1966]



        Subpart 34.17--Fixed Foam Extinguishing Systems, Details



Sec. 34.17-1   Application--T/ALL.

    (a) Where a fixed foam extinguishing system is installed, the 
provisions of this subpart with the exception of Sec. 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 Sec. 34.17-90.



Sec. 34.17-5   Quantity of foam required--T/ALL.

    (a) Area protected. (1) For machinery spaces and pumprooms, the 
system shall be so designed and arranged as to spread a blanket of foam 
over the entire tank top or bilge of the space protected. The 
arrangement of piping shall be such as to give a relatively uniform 
distribution over the entire area protected.
    (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) Rate of application. (1) The rate of discharge to foam outlets 
protecting the hazard shall be at least as set forth in this paragraph.
    (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) Supply of foam-producing material. (1) There shall be provided a 
quantity of foam-producing material sufficient to operate the equipment 
at the minimum discharge rate specified in paragraph (b) of this section 
for a period of at least 3 minutes.
    (d) Separate supply of foam-producing material. (1) A separate 
supply of foam-producing material need not be provided for each space 
protected. This includes a deck foam system. The total available supply 
shall be at least sufficient for the space requiring the greatest 
amount.
    (e) Water supply for required pumps. (1) The water supply shall be 
from outside and completely independent of the space protected.



Sec. 34.17-10   Controls--T/ALL.

    (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 Sec. 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

[[Page 424]]

located in a conspicuous place at or near the controls.
    (d) The valves to the various spaces served shall be marked as 
required by Sec. 35.40-10 of this subchapter.



Sec. 34.17-15   Piping--T/ALL.

    (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.



Sec. 34.17-20   Discharge outlets--T/ALL.

    (a) Discharge outlets shall be of an approved type.



Sec. 34.17-25   Additional protection required--T/ALL.

    (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.



Sec. 34.17-90   Installations contracted for prior to January 1, 1962--T/ALL.

    (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 
Secs. 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) of Sec. 34.17-5 and Sec. 34.17-25. 
A 6-inch blanket of foam in 3 minutes for machinery spaces and pumprooms 
will be considered as meeting the requirements of Sec. 34.17-5.
    (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 Sec. 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.

[[Page 425]]



                Subpart 34.20--Deck Foam System, Details



Sec. 34.20-1   Application--T/ALL.

    (a) Where a deck foam system is installed, the provisions of this 
subpart, except Sec. 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 Sec. 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'').

(46 U.S.C. 391a; 49 CFR 1.46(n)(4))

[CGFR 69-72, 34 FR 17481, Oct. 29, 1969, as amended by CGD 74-127, 41 FR 
3846, Jan. 26, 1976; CGD 77-057a, 44 FR 66502, Nov. 19, 1979]



Sec. 34.20-3   Cargo area definition--T/ALL.

    (a) For the purpose of this subpart, the term cargo area is defined 
as the maximum beam of the vessel times the total longitudinal extent of 
the cargo tank spaces.



Sec. 34.20-5   Quantity of foam required--T/ALL.

    (a) Area protected. Systems of this type are designed to give 
primary protection to the spaces over the cargo tanks.
    (b) Rate of application. The water rate of the foam production 
equipment shall be determined as follows:
    (1) For usual petroleum products the water rate shall be at least 
0.016 gallons per minute for each square foot of the cargo area or 0.24 
gallons per minute for each square foot of the horizontal sectional area 
of the single tank having the largest such area, whichever is greater.
    (2) For polar solvent products (e.g. alcohols, ketones, etc.) the 
water rate shall be determined for each vessel. The rate will depend 
upon the vessel design, products to be carried and foam system to be 
used.
    (c) Supply of foam-producing material. Each deck foam system must 
have a supply of foam-producing material sufficient to operate the 
system at its designed rate of foam production for the following 
periods:
    (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) Separate supply of foam-producing material. Where the same foam-
producing material may be used for this system as well as a fixed foam 
system, separate supplies need not be provided for each space protected. 
The total available supply shall be at least sufficient for the space 
requiring the greatest amount.
    (e) Water supply. Suitable pumps shall be provided capable of 
producing the required water rate. The fire pumps required by subpart 
34.10 may be used for this purpose; however, the operation of the deck 
foam system shall not interfere with the simultaneous use of the fire 
main system.

[CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended by CGFR 69-72, 34 FR 
17481, Oct. 29, 1969; CGD 74-127, 41 FR 3846, Jan. 26, 1976]



Sec. 34.20-10   Controls--T/ALL.

    (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 Sec. 35.40-17.
    (e) The deck foam system on each tankship that has a keel laying 
date on

[[Page 426]]

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.

[CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended by CGD 74-127, 41 FR 
3846, Jan. 26, 1976]



Sec. 34.20-15   Piping--T/ALL.

    (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 Sec. 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.

[CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended by CGD 72-138, 39 FR 
7790, Feb. 28, 1974; CGD 74-127, 41 FR 3846, Jan. 26, 1976]



Sec. 34.20-20   Discharge outlets--T/ALL.

    (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 Sec. 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.

[CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended by CGD 72-138, 39 FR 
7790, Feb. 28, 1974]



Sec. 34.20-25   Foam monitor capacity--T/ALL.

    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.

[CGD 74-127, 41 FR 3846, Jan. 26, 1976]



Sec. 34.20-90   Installations contracted for prior to January 1, 1970--T/ALL.

    (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.

[[Page 427]]

    (2) For installations contracted for prior to November 19, 1952, see 
Sec. 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 Secs. 34.20-5 
through 34.20-20 insofar as is reasonable and practicable.

[CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended by CGFR 69-72, 34 FR 
17481, Oct. 29, 1969]



        Subpart 34.25--Water Spray Extinguishing Systems, Details



Sec. 34.25-1   Application--T/ALL.

    (a) Where a water spray extinguishing system is installed, the 
provisions of this subpart, with the exception of Sec. 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 Sec. 34.50-90.



Sec. 34.25-5   Capacity and arrangement--T/ALL.

    (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 is increased by the 
required capacity of the system, so that this system may be operated 
simultaneously with the fire main system.



Sec. 34.25-10   Controls--T/ALL.

    (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 
Sec. 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 
Sec. 35.40-18 of this subchapter.



Sec. 34.25-15   Piping--T/ALL.

    (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.



Sec. 34.25-20   Spray nozzles--T/ALL.

    (a) Spray nozzles shall be of an approved type.

[[Page 428]]



Sec. 34.25-90   Installations contracted for prior to January 1, 1964--T/ALL.

    (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 
Secs. 34.25-5 through 34.25-20 insofar as is reasonable and practicable.



         Subpart 34.50--Portable and Semiportable Extinguishers



Sec. 34.50-1   Application--TB/ALL.

    (a) The provisions of this subpart, with the exception of 
Sec. 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 Sec. 34.50-90.



Sec. 34.50-5   Classification--TB/ALL.

    (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).

                            Table 34.50-5(c)                            
------------------------------------------------------------------------
                                Soda-acid              Carbon      Dry  
  Classification type (Size)    and water     Foam     dioxide  chemical
                                (Gallons)  (Gallons)  (Pounds)  (Pounds)
------------------------------------------------------------------------
A-II..........................    2\1/2\     2\1/2\   ........  ........
B-I...........................  .........    1\1/4\          4         2
B-II..........................  .........    2\1/2\         15        10
B-III.........................  .........        12         35        20
B-IV..........................  .........        20         50        30
B-V...........................  .........        40     \1\100     \1\50
C-I...........................  .........  .........         4         2
CC-II.........................  .........  .........        15       10 
------------------------------------------------------------------------
\1\ For outside use, double the amount shall be carried.                



Sec. 34.50-10   Location--TB/ALL.

    (a) Approved portable and semiportable 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 Sec. 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

[[Page 429]]

with the fire hose, provided such enclosures are marked as required by 
Sec. 35.40-25 of this subchapter.
    (e) Portable extinguishers and their stations shall be numbered in 
accordance with Sec. 34.40-25 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.

                           Table 34.50-10(a)--Portable and Semiportable Extinguishers                           
----------------------------------------------------------------------------------------------------------------
                     Tank ships                                                         Tank barges             
----------------------------------------------------                      --------------------------------------
                                   Classification            Area            Classification                     
     Quantity and location        (see Sec.  34.50-                         (see Sec.  34.50-     Quantity and  
                                         5)                                        5)               location    
----------------------------------------------------------------------------------------------------------------
                                                  Safety Areas                                                  
                                                                                                                
----------------------------------------------------------------------------------------------------------------
1 required.....................  C-II..............  Wheelhouse and        ..................  None required.   
                                                      chartroom area..                                          
1 required in vicinity of exit.  C-II\1\...........  Radio room..........  ..................  None required.   
----------------------------------------------------------------------------------------------------------------
                                               Accommodation Areas                                              
                                                                                                                
----------------------------------------------------------------------------------------------------------------
       1 required in each main   A-II or B-II......  Staterooms, toilet    A-II or B-II......  1 required in    
       passageway on each deck,                       spaces, public                            vicinity of exit
   conveniently located, and so                       spaces, offices,                                          
   that no room is more than 75                       etc., and                                                 
     feet from an extinguisher.                       associated lockers,                                       
                                                      storerooms, and                                           
                                                      pantries..                                                
----------------------------------------------------------------------------------------------------------------
                                                  Service Areas                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
     1 required for each 2,500   B-II or C-II......  Galleys.............  B-II or C-II......  1 required,      
        square feet or fraction                                                                 suitable for    
   thereof, suitable for hazard                                                                 hazard involved.
                      involved.                                                                                 
     1 required for each 2,500   A-II or B-II......  Stores areas,         ..................  None required.   
        square feet or fraction                       including paint and                                       
   thereof, suitable for hazard                       lamp rooms.                                               
                      involved.                                                                                 
----------------------------------------------------------------------------------------------------------------
                                               Machinery Area \2\                                               
----------------------------------------------------------------------------------------------------------------
2 required\3\..................  B-II..............  Spaces containing     B-II..............  1 required.\12\  
                                                      oil fired boilers,                                        
                                                      either main or                                            
                                                      auxiliary, or any                                         
                                                      fuel oil units                                            
                                                      subject to the                                            
                                                      discharge pressure                                        
                                                      of the fuel oil                                           
                                                      service pump.                                             
                                     and                                                                        
1 required.....................  B-V\4\............                                                             
     1 required for each 1,000   B-II..............  Spaces containing     ..................  None required.   
    B.H.P., but not less than 2                       internal combustion                                       
            nor more than 6\5\.                       or gas turbine                                            
                                                      propulsion                                                
                                                      machinery.                                                
                                     and                                                                        
1 required \6\ \7\.............  B-III.............                                                             
     1 required in vicinity of   B-II..............  Auxiliary spaces      B-II..............  1 required in    
                       exit\7\.                       containing internal                       vicinity of     
                                                      combustion or gas                         exit.\7\ \9\ \12
                                                      turbine units.                            \               
     1 required in vicinity of   C-II..............  Auxiliary spaces      ..................  None required.   
                       exit\8\.                       containing                                                
                                                      emergency                                                 
                                                      generators.                                               
----------------------------------------------------------------------------------------------------------------
                                                   Cargo Areas                                                  
----------------------------------------------------------------------------------------------------------------
1 required in lower pumproom...  B.II..............  Pumprooms...........  B-II..............  1 required in    
                                                                                                vicinity of     
                                                                                                exit.\9\ \12\   
None required..................  ..................  Cargo tank area.....  B-II..............  2 required.\10\  
                                                                                                \12\            
                                                                                     and                        
                                                                           B-V...............  1                
                                                                                                required.\9\\11\
----------------------------------------------------------------------------------------------------------------
\1\ Vessels not on an international voyage may substitute 2 C-I.                                                
\2\ A C-II shall be immediately available to the service generator and main switchboard areas, and further, a C-
  II shall be conveniently located not more than 50 feet walking distance from any point in all main machinery  
  operating spaces. These extinguishers need not be in addition to other required extinguishers.                
\3\ Vessels of less than 1,000 gross tons require 1.                                                            
\4\ Vessels of less than 1,000 gross tons may substitute 1 B-IV.                                                
\5\ Only 1 required for vessels under 65 feet in length.                                                        
\6\ If oil burning donkey boiler fitted in space, the B-V previously required for the protection of the boiler  
  may be substituted. Not required where a fixed carbon dioxide system is installed.                            
\7\ Not required on vessels of less than 300 gross tons if fuel has a flashpoint higher than 110 deg. F.        

[[Page 430]]

                                                                                                                
\8\ Not required on vessels of less than 300 gross tons.                                                        
\9\ Not required if fixed system installed.                                                                     
\10\ If no cargo pump on barge, only one B-II required.                                                         
\11\ Manned barges of 100 gross tons and over only.                                                             
\12\ Not required on unmanned barges except during transfer of cargo, or operation of barge machinery, or       
  boilers. (See Sec.  35.35-1(c) of this chapter.)                                                              


[CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended by CGFR 70-143, 35 
FR 19905, Dec. 30, 1970]


Sec. 34.50-15   Spare charges--TB/ALL.

    (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 
dioxicde, etc., of portable extinguisher required by Sec. 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.


Sec. 34.50-20  Semiportable fire extinguishers--TB/ALL

    (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.

[CGD 77-039, 44 FR 34132, June 14, 1979]


Sec. 34.50-90   Vessels contracted for prior to January 1, 1962--TB/ALL.

    (a) Vessels contracted for prior to January 1, 1962, shall meet the 
following requirements:
    (1) The provisions of Secs. 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: Provided, That in no case will a 
greater departure from the standards of Table 34.50-10(a) be permitted 
than presently exists.


                        Subpart 34.60--Fire Axes


Sec. 34.60-1   Application--T/ALL.

    (a) The provisions of this subpart shall apply to all tankships.



Sec. 34.60-5   Number required--T/ALL.

    (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.

                            Table 34.60-5(a)                            
------------------------------------------------------------------------
                   Gross tons                                           
-------------------------------------------------     Number of axes    
          Over                   Not over                               
------------------------------------------------------------------------
                                        50                        1     
50.....................                200                        2     
200....................                500                        3     
500....................              1,000                        4     
1,000..................  .......................                  5     
------------------------------------------------------------------------



Sec. 34.60-10
   Location--T/ALL.

    (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 
Sec. 35.40-15 of this subchapter.


PART 35--OPERATIONS--Table of Contents



              Subpart 35.01--Special Operating Requirements
Sec.
35.01-1  Inspection and testing required when making alterations, 
          repairs, or other such operations involving riveting, welding, 
          burning, or like fire-producing actions--TB/ALL.

[[Page 431]]

35.01-3  Incorporation by reference.
35.01-5  Sanitary condition and crew quarters--T/ALL.
35.01-10  Shipping papers--TB/ALL.
35.01-15  Carriage of persons other than crew--TB/ALL.
35.01-25  Sacrificial anode installations--TB/ALL.
35.01-35  Repairs and alterations to fire-fighting equipment--TB/ALL.
35.01-40  Prevention of oil pollution--TB/ALL.
35.01-45  Open hopper type barges--B/ALL.
35.01-50  Special operating requirements for tank barges carrying 
          certain dangerous bulk cargoes--B/ALL.
35.01-55  Pilot boarding operation.
35.01-60  Person excluded.

                        Subpart 35.03--Work Vests

35.03-1  Application--TB/ALL.
35.03-5  Approved types of work vests--TB/ALL.
35.03-10  Use--TB/ALL.
35.03-15  Shipboard stowage--TB/ALL.
35.03-20  Shipboard inspections--TB/ALL.
35.03-25  Additional requirements for hybrid work vests.

                    Subpart 35.05--Officers and Crews

35.05-1  Licensed officers and crews of tankships--T/ALL.
35.05-5  [Reserved]
35.05-10  [Reserved]
35.05-15  Tank vessel security--TB/ALL.
35.05-20  Physical condition of crew--TB/ALL.
35.05-25  Illness, alcohol, drugs--TB/ALL.

                     Subpart 35.07--Logbook Entries

35.07-1  Application--TB/ALL.
35.07-5  Logbooks and records--TB/ALL.
35.07-10  Actions required to be logged--TB/ALL.

                  Subpart 35.08--Stability Information

35.08-1  Posting of stability letter.

             Subpart 35.10--Fire and Emergency Requirements

35.10-1  Emergency training, musters, and drills--T/ALL.
35.10-3  Display of plans--TB/ALL.
35.10-5  Muster lists, emergency signals, and manning--T/ALL.
35.10-15  Emergency lighting and power systems--T/ALL.

              Subpart 35.12--Placard of Lifesaving Signals

35.12-1  Application--T/OCLB.
35.12-5  Availability--T/OCLB.

   Subpart 35.15--Notice and Reporting of Casualty and Voyage Records

35.15-1  Notice and reporting of casualty and voyage records--TB/ALL.

                        Subpart 35.20--Navigation

35.20-1  Notice to mariners; aids to navigation--T/OCLB.
35.20-5  Draft of tank ships--T/OC.
35.20-7  Verification of vessel compliance with applicable stability 
          requirements--TB/ALL.
35.20-10  Steering gear test--T/ALL.
35.20-20  Master's and officer's responsibility--TB/ALL.
35.20-30  Flashing the rays of a searchlight or other blinding light--T/
          ALL.
35.20-35  Whistling--T/ALL.
35.20-40  Maneuvering characteristics--T/OC.
35.20-45  Use of Auto Pilot--T/ALL.

                    Subpart 35.25--Engine Department

35.25-1  Examination of boilers and machinery by engineer--T/ALL.
35.25-5  Repairs of boilers and unfired pressure vessels and reports of 
          repairs or accidents by chief engineer--TB/ALL.
35.25-10  Requirements for fuel oil--T/ALL.
35.25-15  Carrying of excess steam--TB/ALL.
35.25-20  Breaking of safety valve seal--TB/ALL.

                   Subpart 35.30--General Safety Rules

35.30-1  Warning signals and signs--TB/ALL.
35.30-5  Fires, matches, and smoking--TB/ALL.
35.30-10  Cargo tank hatches, ullage holes, and Butterworth plates--TB/
          ALL.
35.30-15  Combustible gas indicator--TB/ALL.
35.30-20  Emergency equipment--TB/ALL.
35.30-25  Explosives--TB/ALL.
35.30-30  Portable electrical equipment--TB/ALL.
35.30-35  Spark producing devices--TB/ALL.
35.30-40  Flammable liquid and gas fuels as ship's stores--TB/ALL.

                      Subpart 35.35--Cargo Handling

35.35-1  Persons on duty--TB/ALL.
35.35-5  Electric bonding--TB/ALL.
35.35-10  Closing of freeing-ports, scuppers, and sea valves--TB/ALL.
35.35-15  Connecting for cargo transfer--TB/ALL.
35.35-20  Inspection before transfer of cargo--TB/ALL.

[[Page 432]]

35.35-25  Approval to start transfer of cargo--TB/ALL.
35.35-30  ``Declaration of Inspection'' for tank ships--T/ALL.
35.35-35  Duties of person in charge of transfer--TB/ALL.
35.35-40  Conditions under which transfer operations shall not be 
          commenced or if started shall be discontinued--TB/ALL.
35.35-42  Restrictions on vessels alongside a tank vessel loading or 
          unloading cargo of Grade A, B, or C--TB/ALL.
35.35-45  Auxiliary steam, air, or electric current--B/ALL.
35.35-50  Termination of transfer operations--TB/ALL.
35.35-55  Transfer of other cargo or stores on tank vessels--TB/ALL.
35.35-60  Transportation of other cargo or stores on tank barges--B/ALL.
35.35-70  Maintenance of cargo handling equipment--TB/ALL.
35.35-75  Emergencies--TB/ALL.
35.35-85  Air compressors--TB/ALL.

        Subpart 35.40--Posting and Marking Requirements --TB/ALL

35.40-1  General alarm contact maker--TB/ALL.
35.40-5  General alarm bells--TB/ALL.
35.40-6  Emergency lights--TB/ALL.
35.40-7  Carbon dioxide alarm--T/ALL.
35.40-10  Steam, foam, or CO2 fire smothering apparatus--TB/ALL.
35.40-15  Fire hose stations--TB/ALL.
35.40-17  Foam hose/monitor stations--T/ALL.
35.40-18  Water spray systems--TB/ALL.
35.40-20  Emergency equipment--TB/ALL.
35.40-25  Fire extinguishers--TB/ALL.
35.40-30  Instructions for changing steering gear--TB/ALL.
35.40-35  Rudder orders--TB/ALL.
35.40-40  Marking and instructions for fire and emergency equipment--TB/
          ALL.

    Authority: 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.

    Source: CGFR 65-50, 30 FR 16704, Dec. 30, 1965, unless otherwise 
noted.



              Subpart 35.01--Special Operating Requirements



Sec. 35.01-1   Inspection and testing required when making alterations, repairs, or other such operations involving riveting, welding, burning, or like fire-
          producing actions--TB/ALL.

    (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.

[[Page 433]]

    (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.

[CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 95-072, 60 FR 
50462, Sept. 29, 1995]



Sec. 35.01-3  Incorporation by reference.

    (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 Federal Register and the material made available to the public. 
All approved material is on file at the Office of the Federal Register, 
Washington, DC 20408, and at the U.S. Coast Guard, Office of Operating 
and Environmental Standards, 2100 Second Street SW., Washington, DC 
20593-0001, and is available from the address indicated in paragraph 
(b).
    (b) The material approved for incorporation by reference in this 
part, and the sections affected is:

               American Society for Testing and Materials

1916 Race St., Philadelphia, PA 19103.

ASTM F1014-1986  Standard Specification for Flashlights on Vessels.
Section affected--35.30-20(c)(3)

    Note: All other documents referenced in this part are still in 
effect.

[CGD 82-042, 53 FR 17704, May 18, 1988, as amended by CGD 96-041, 61 FR 
50727, Sept. 27, 1996]



Sec. 35.01-5  Sanitary condition and crew quarters--T/ALL.

    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.

[CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 95-027, 61 FR 
25999, May 23, 1996]



Sec. 35.01-10  Shipping papers--TB/ALL.

    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: Provided, however, That in the case of unmanned barges 
where shipping papers are not available, an entry in the logbook of the 
towing vessel giving the name of the shipper and location of shipping 
point, the name of the consignee and location of delivery point, the 
approximate kind, grade, and quantity of cargo in each barge of the tow, 
and for whose account the cargo is being handled, shall be considered as 
complying with the requirements of this section.



Sec. 35.01-15  Carriage of persons other than crew--TB/ALL.

    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.



Sec. 35.01-25  Sacrificial anode installations--TB/ALL.

    (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:

[[Page 434]]

    (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.

[CGFR 69-72, 34 FR 17482, Oct. 29, 1969]



Sec. 35.01-35  Repairs and alterations to firefighting equipment--TB/ALL.

    (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.



Sec. 35.01-40  Prevention of oil pollution--TB/ALL.

    A tank vessel must be operated to meet the requirements in:
    (a) Section 311 of the Federal Water Pollution Control Act, as 
amended (86 Stat. 816; 33 U.S.C. 1321);
    (b) Section 12 of the Oil Pollution Act, 1961, as amended (75 Stat. 
404; 33 U.S.C. 1011); and
    (c) 33 CFR parts 151, 155, 156, 157, and 164.

[CGD 73-58R, 39 FR 18767, May 30, 1974, as amended by CGD 91-045, 61 FR 
39794, July 30, 1996]

    Effective Date Note: At 61 FR 39794, July 30, 1996, Sec. 35.01-40 
was amended by revising paragraph (c), effective November 27, 1996. For 
the convenience of the user, the superseded text is set forth as 
follows:
Sec. 35.01-40  Prevention of oil pollution--TB/ALL.

                                * * * * *

    (c) 33 CFR parts 151, 155, 156, and 157.



Sec. 35.01-45  Open hopper type barges--B/ALL.

    (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

[[Page 435]]

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 ``Dangerous'' placard (10\3/4\ inches square or 
larger), and shall display a circle (10 inches in diameter or larger) 
with alternating quadrants of white and red, and so mounted that the red 
quadrants are centered on the vertical axis. The shipper and/or owner of 
the barge shall be responsible for the installation of the required 
placards or signs, including maintenance of them while such barge is in 
temporary storage with cargo aboard. The person in charge of the towing 
vessel shall be responsible for the continued maintenance of the 
placards or signs while such barge is in transit.

[CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGFR 70-10, 35 FR 
3709, Feb. 25, 1970; CGD 86-033, 53 FR 36024, Sept. 16, 1988]



Sec. 35.01-50  Special operating requirements for tank barges carrying certain dangerous bulk cargoes--B/ALL.

    (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 Sec. 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

[[Page 436]]

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 Sec. 31.15-5 of this 
subchapter and Sec. 35.35-1 are provided.

[CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGFR 70-10, 35 FR 
3709, Feb. 25, 1970; CGD 73-243, 45 FR 18000, Mar. 20, 1980]



Sec. 35.01-55  Pilot boarding operation.

    (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 method used in the original construction of 
the ladder, and in accordance with manufacturer instructions.
    (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.

[CGD 79-032, 49 FR 25455, June 21, 1984]



Sec. 35.01-60   Person excluded.

    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.

[CGD 91-023, 59 FR 16779, Apr. 8, 1994]



                        Subpart 35.03--Work Vests



Sec. 35.03-1   Application--TB/ALL.

    (a) Provisions of this subpart shall apply to all tank vessels.



Sec. 35.03-5  Approved types of work vests--TB/ALL.

    (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

[[Page 437]]

    (2) Subpart 160.077 of this chapter as a commerical hybrid PFD.

[CGD 78-174A, 51 FR 4350, Feb. 4, 1986]



Sec. 35.03-10   Use--TB/ALL.

    (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.



Sec. 35.03-15   Shipboard stowage--TB/ALL.

    (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.



Sec. 35.03-20   Shipboard inspections--TB/ALL.

    (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.



Sec. 35.03-25  Additional requirements for hybrid work vests.

    (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 Sec. 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.

[CGD 78-174A, 51 FR 4350, Feb. 4, 1986; 51 FR 15497, Apr. 24, 1986]



                    Subpart 35.05--Officers and Crews



Sec. 35.05-1   Licensed officers and crews of tankships--T/ALL.

    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.
Sec. 35.05-5  [Reserved]
Sec. 35.05-10  [Reserved]



Sec. 35.05-15   Tank vessel security--TB/ALL.

    (a) Manned tank vessel. At least one member of the crew of a manned 
tank vessel shall be on board at all times except when the vessel is gas 
free or is moored at a dock or terminal at which watchman service is 
provided.
    (b) Unmanned barge. (1) The owner, managing operator, master, and 
person in charge of a vessel towing a tank barge that need not be 
manned, and each of them, shall be responsible for monitoring the 
security and integrity of the tank barge and for ensuring adherence to 
proper safety precautions. These responsibilities include, but are not 
limited to--
    (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

[[Page 438]]

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.

[CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 80-009,48 FR 
36459, Aug. 11, 1983; CGD 79-116, 60 FR 17155, Apr. 4, 1995]



Sec. 35.05-20   Physical condition of crew--TB/ALL.

    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.



Sec. 35.05-25   Illness, alcohol, drugs--TB/ALL.

    (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.



                     Subpart 35.07--Logbook Entries



Sec. 35.07-1   Application--TB/ALL.

    (a) Except as specifically noted, the provisions of this subpart 
shall apply to all tank vessels.



Sec. 35.07-5  Logbooks and records--TB/ALL.

    (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.

[CGD 95-027, 61 FR 25999, May 23, 1996]

[[Page 439]]



Sec. 35.07-10   Actions required to be logged--TB/ALL.

    (a) General--TB/ALL. The actions and observations noted in this 
section shall be entered in the Official Logbook or in logs or records 
considered to take place of the Official Logbooks. This section contains 
no requirements which are not made in specific laws or in other 
regulations in this subchapter, the items being merely grouped together 
for convenience.
    (b) Entries--T/ALL. Entries shall be made in the logs of tankships 
with respect to the following:
    (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 46 U.S.C., sections 85e and 88e, and Sec. 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 Sec. 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 Sec. 35.20-10.
    (5) Fuel oil data. Upon receipt of fuel oil on board to be used as 
fuel. See Sec. 35.25-10.
    (6) Inspections and tests of firefighting equipment. Once every 
year. See Sec. 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 Sec. 35.10-
15.
    (8) Cargo gear inspections: At least once a month. See Sec. 31.37-70 
of this subchapter.
    (c) Entries--B/ALL. Entries shall be made in the records for tank 
barges with respect to the following:
    (1) Inspections and tests of firefighting equipment. Once every 
year. See Sec. 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. See 46 U.S.C. 85e and 88e.
    (3) Cargo gear inspections: At least once a month. See Sec. 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 Sec. 35.20-7.

[CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 89-037, 57 FR 
41821, Sept. 11, 1992; CGD 84-069, 61 FR 25286, May 20, 1996]



                  Subpart 35.08--Stability Information



Sec. 35.08-1  Posting of stability letter.

    If a stability letter is issued under Sec. 170.120 of this chapter, 
it must be posted under glass or other suitable transparent material in 
the pilothouse of the vessel.

[CGD 79-023, 48 FR 51006, Nov. 4, 1983]



             Subpart 35.10--Fire and Emergency Requirements



Sec. 35.10-1  Emergency training, musters, and drills--T/ALL.

    Onboard training, musters, and drills must be in accordance with 
subchapter W (Lifesaving Appliances and Arrangements) of this chapter.

[CGD 84-069, 61 FR 25286, May 20, 1996]



Sec. 35.10-3   Display of plans--TB/ALL.

    (a) All self-propelled vessels of more than 100 gross tons and all 
barges of more than 100 gross tons with sleeping accommodations for more 
than six persons shall have permanently exhibited for the guidance of 
the officer in charge of the vessel, general arrangement plans showing 
for each deck the various fire retardant bulkheads together with 
particulars of the fire detecting, manual alarm and fire extinguishing 
systems, fire doors, means of ingress to the different compartments, and 
the ventilating systems including the positions of the dampers, the 
location of the remote means of stopping the fans, and the 
identification of the fans serving each section.

[CGFR 68-32, 33 FR 5714, Apr. 12, 1968]

[[Page 440]]



Sec. 35.10-5  Muster lists, emergency signals, and manning--T/ALL.

    The requirements for muster lists, emergency signals, and manning 
must be in accordance with subchapter W (Lifesaving Appliances and 
Arrangements) of this chapter.

[CGD 84-069, 61 FR 25287, May 20, 1996]



Sec. 35.10-15   Emergency lighting and power systems--T/ALL.

    (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.

[CGFR 65-50, 30 FR 16709, Dec. 30, 1965, as amended by CGFR 70-143, 35 
FR 19905, Dec. 30, 1970]



              Subpart 35.12--Placard of Lifesaving Signals

    Source: CGD 95-027, 61 FR 25999, May 23, 1996, unless otherwise 
noted.



Sec. 35.12-1  Application--T/OCLB.

    The provisions of this subpart apply to all vessels on an 
international voyage, and all other vessels of 150 gross tons or over in 
oceans, coastwise, or Great Lake service.



Sec. 35.12-5  Availability--T/OCLB.

    On all vessels to which this subpart applies there must be readily 
available to the deck officer of the watch a placard containing 
instructions for the use of the lifesaving signals set forth in 
regulations 16, chapter V, of the International Convention for Safety of 
Life at Sea, 1974. These signals must be used by vessels or persons in 
distress when communicating with lifesaving stations and maritime rescue 
units.



   Subpart 35.15--Notice and Reporting of Casualty and Voyage Records



Sec. 35.15-1  Notice and reporting of casualty and voyage records--TB/ALL.

    The requirements for providing notice and reporting of marine 
casualties and for retaining voyage records are contained in part 4 of 
this chapter.

[CGD 84-099, 52 FR 47535, Dec. 14, 1987; 53 FR 13117, Apr. 21, 1988]



                        Subpart 35.20--Navigation



Sec. 35.20-1   Notice to mariners; aids to navigation--T/OCLB.

    (a) Licensed officers are required to acquaint themselves with the 
latest information published by the Coast Guard and the U.S. Navy 
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 U.S. Naval Oceanographic Office, the U.S. Coast and 
Geodetic Survey 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,

[[Page 441]]

13th, 14th, and 17th Coast Guard Districts. Foreign marine information 
is also included in these notices. These notices are available without 
charge from the U.S. Naval Oceanographic Office, Washington, DC 20390, 
Branch Oceanographic Offices, 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.1
---------------------------------------------------------------------------

    1 For United States vessels in or on the navigable waters of the 
United States, see 33 CFR 164.33.

[CGFR 66-33, 31 FR 15268, Dec. 6, 1966, as amended by CGFR 68-32, 33 FR 
5714, Apr. 12, 1968; CGD 75-074, 42 FR 5963, Jan. 31, 1977; CGD 88-070, 
53 FR 34534, Sept. 7, 1988]



Sec. 35.20-5   Draft of tankships--T/OC.

    The master of every tankship shall, whenever leaving port, enter the 
maximum draft of his vessel in the logbook.



Sec. 35.20-7  Verification of vessel compliance with applicable stability requirements--TB/ALL.

    (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 Sec. 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.

[CGD 88-037, 57 FR 41821, Sept. 11, 1992]



Sec. 35.20-10   Steering gear test--T/ALL.

    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.



Sec. 35.20-20   Master's and officer's responsibility--TB/ALL.

    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.



Sec. 35.20-30  Flashing the rays of a searchlight or other blinding light--T/ALL.

    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.

[CGD 95-027, 61 FR 26000, May 23, 1996]



Sec. 35.20-35  Whistling--T/ALL.

    The unnecessary sounding of a vessel's whistle is prohibited within 
any harbor limits of the United States.

[CGD 95-027, 61 FR 26000, May 23, 1996]

[[Page 442]]



Sec. 35.20-40   Maneuvering characteristics--T/OC.

    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:

                                 Warning

The response of the (name of the vessel) may be different from those 
listed above if any of the following conditions, upon which the 
maneuvering information is based, are varied:
    (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.

The accuracy of the information in the fact sheet required is that 
attainable by ordinary shipboard navigation equipment.
    (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.

[CGD 73-78, 40 FR 2689, Jan. 15, 1975]



Sec. 35.20-45  Use of Auto Pilot--T/ALL.

    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.

[CGD 75-074, 42 FR 5963, Jan. 31, 1977, as amended by CGD 91-204, 58 FR 
27633, May 10, 1993]

[[Page 443]]



                    Subpart 35.25--Engine Department



Sec. 35.25-1  Examination of boilers and machinery by engineer--T/ALL.

    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.

[CGD 95-027, 61 FR 26000, May 23, 1996]



Sec. 35.25-5   Repairs of boilers and unfired pressure vessels and reports of repairs or accidents by chief engineer--TB/ALL.

    (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.



Sec. 35.25-10   Requirements for fuel oil--T/ALL.

    (a) Oil to be used as fuel to be burned under boilers on tankships 
shall have a flashpoint of not less than 140 deg.F. (Pensky-Martens 
Closed Cup Method, ASTM D 93).
    (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) 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.

[CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGFR 68-82, 33 FR 
18805, Dec. 18, 1968; CGD 73-254, 40 FR 40163, Sept. 2, 1975]



Sec. 35.25-15   Carrying of excess steam--TB/ALL.

    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 
and sealed by the inspector are in no way tampered with or made 
inoperative except as provided in Sec. 35.25-20.



Sec. 35.25-20   Breaking of safety valve seal--TB/ALL.

    If at any time it is necessary to break the seal on a safety valve 
for any purpose, the chief engineer shall advise the Officer in Charge, 
Marine Inspection, at the next port of call, giving the reason for 
breaking the seal and requesting that the valve be examined and adjusted 
by a marine inspector.



                   Subpart 35.30--General Safety Rules



Sec. 35.30-1   Warning signals and signs--TB/ALL.

    (a) Red warning signals. During transfer of bulk cargo while fast to 
a dock, a red signal (flag by day and electric lantern at night) shall 
be so placed that it will be visible on all sides. While transferring 
bulk cargo at anchor, a red flag only shall be displayed.
    (b) Warning sign at gangway. A sign shall be displayed to warn 
persons approaching the gangway, while a vessel is moored or anchored 
unless it is empty and gas-freed. The sign shall state in letters not 
less than 2 inches high substantially as follows:

                                 warning

    No open lights.
    No smoking.
    No visitors.

    (c) Warning sign in radio room. A sign shall be placed in radio room 
warning against the use of radio equipment during transfer of Grade A, 
B, or C liquids,

[[Page 444]]

except by permission of senior deck officer.
    (d) [Reserved]
    (e) Additional placards or signs required in connection with the 
movement of certain open hopper type barges are described in Sec. 35.01-
45.

[CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGFR 70-143, 35 
FR 19905, Dec. 30, 1970; CGD 73-96, 42 FR 49024, Sept. 26, 1977; CGD 73-
243, 45 FR 18000, Mar. 20, 1980]



Sec. 35.30-5   Fires, matches, and smoking--TB/ALL.

    (a) General. In making the determinations required under paragraphs 
(b), (c), and (d) of this section the senior deck officer on duty, who 
shall be a licensed officer or certificated tankerman, shall exercise 
his skill and experience with due regard to attendant conditions and 
circumstances, including consideration for location of shore side 
facilities, maintenance of mobility, provision for fire protection, 
state or change of winds, tides, sea, weather conditions, forces of 
nature and other circumstances generally beyond human control.
    (b) Boiler fires. Boiler fires are normally permitted during cargo 
transfer operations: Provided, That prior to loading Grades A, B, and C 
cargoes, the senior deck officer on duty, who shall be a licensed 
officer or certificated tankerman, shall make an inspection to determine 
whether in his judgment boiler fires may be maintained with reasonable 
safety during the loading operation.
    (c) Smoking. Smoking is prohibited on the weather decks of tank 
vessels when they are not gas free or are alongside docks. At other 
times and places the senior deck officer on duty, who shall be a 
licensed officer or certificated tankerman, shall designate when and 
where the crew may smoke: Provided, That prior to loading Grade A, B, or 
C cargo the master or senior deck officer on duty shall make an 
inspection to determine if and where, in his judgment, smoking may be 
permitted with reasonable safety during the loading operation.
    (d) Matches. The use of other than safety matches is forbidden 
aboard tank vessels at all times.

[CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 95-012, 60 FR 
48049, Sept. 18, 1995]



Sec. 35.30-10   Cargo tank hatches, ullage holes, and Butterworth plates-- TB/ALL.

    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.



Sec. 35.30-15   Combustible gas indicator--TB/ALL.

    (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.



Sec. 35.30-20   Emergency equipment--   TB/ALL

    (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:

[[Page 445]]

    (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 F1014-1986.
    (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 supplied-air respirator previously approved under part 160, 
subpart 160.011, of this chapter may continue in use as required 
equipment until November 23, 1994, 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. 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 
less than 50 feet in length. The assembled lifeline shall have a minimum 
breaking strength of 1,500 pounds.

[CGD 73-11R, 38 FR 27354, Oct. 3, 1973, as amended by CGD 75-074, 42 FR 
5963, Jan. 31, 1977; CGD 82-042, 53 FR 17704, May 18, 1988; CGD 86-036, 
57 FR 48324, Oct. 23, 1992; 57 FR 56406, Nov. 27, 1992]



Sec. 35.30-25   Explosives--TB/ALL.

    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 deg. 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.



Sec. 35.30-30  Portable electric equipment--TB/ALL.

    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.

[CGD 74-125A, 47 FR 15230, Apr. 8, 1982]

[[Page 446]]



Sec. 35.30-35   Spark producing devices-- TB/ALL.

    (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.



Sec. 35.30-40  Flammable liquid and gas fuels as ship's stores--TB/ALL.

    (a) Flammable liquids and gases other than diesel fuel, to be used 
as fuel for approved equipment must satisfy the following:
    (1) 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.
    (2) The contents must be marked on the containers, and the 
containers must be labeled in accordance with DOT requirements for 
flammable liquids and gases.
    (3) 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 five gallons 
may be stowed below the weather deck in a paint or lamp locker.
    (b) Diesel fuel must be stowed in locations designated by the 
master.

[CGD 80-009, 48 FR 36459, Aug. 11, 1983, as amended by CGD 86-033, 53 FR 
36024, Sept. 16, 1988]



                      Subpart 35.35--Cargo Handling



Sec. 35.35-1  Persons on duty--TB/ALL.

    (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.

[[Page 447]]

    (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.

[CGD 79-116, 60 FR 17155, Apr. 4, 1995]



Sec. 35.35-5   Electric bonding--TB/ALL.

    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.

[CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGFR 66-33, 31 FR 
15268, Dec. 6, 1966]



Sec. 35.35-10  Closing of freeing-ports, scuppers, and sea valves--TB/ALL.

    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 except on tank vessels using water for cooling decks. 
Although under no circumstances may sea valves be secured by locks, the 
valves must be closed, and lashed or sealed, to indicate that they 
should not be opened during the transfer.

[CGD 79-116, 60 FR 17156, Apr. 4, 1995]



Sec. 35.35-15   Connecting for cargo transfer--TB/ALL.

    (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.

[CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 80-009, 48 FR 
36459, Aug. 11, 1983; CGD 79-116, 60 FR 17156, Apr. 4, 1995]



Sec. 35.35-20   Inspection before transfer of cargo--TB/ALL.

    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 Sec. 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

[[Page 448]]

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 
Secs. 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 Sec. 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 
Sec. 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 
Sec. 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 Sec. 39.20-9(b) of this subchapter, is connected to the 
facility, tested and operating properly;
    (7) Each alarm required by Secs. 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.

[CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 80-009, 48 FR 
36459, Aug. 11, 1983; CGD 88-102, 55 FR 25446, June 21, 1990; CGD 79-
116, 60 FR 17156, Apr. 4, 1995]



Sec. 35.35-25  Approval to start transfer of cargo--TB/ALL.

    When the person in charge of the transfer of liquid cargo in bulk 
has ensured that the requirements of Secs. 35.35-20 and 35.35-30 have 
been met, he or she may give approval to start the transfer.

[CGD 79-116, 60 FR 17156, Apr. 4, 1995]



Sec. 35.35-30  ``Declaration of Inspection'' for tankships--T/ALL.

    (a) After an inspection under Sec. 35.35-20 but before a transfer of 
cargo, 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 terminal supervisor or that person's 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 must read as follows:
Declaration of Inspection Before Transfer of Liquid Cargo in Bulk

Date____________________________________________________________________

Vessel__________________________________________________________________

Port of_________________________________________________________________

Product[s] being transferred--(Classification[s] and Kind[s])

_______________________________________________________________________

_______________________________________________________________________


[[Page 449]]

________________________________________________________________________
    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 Secs. 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?

[CGD 80-009, 48 FR 36459, Aug. 11, 1983, as amended by CGD 88-102, 55 FR 
25446, June 21, 1990; CGD 79-116, 60 FR 17156, Apr. 4, 1995]



Sec. 35.35-35  Duties of person in charge of transfer--TB/ALL.

    The person in charge of the transfer of liquid cargo 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.

[CGD 79-116, 60 FR 17156, Apr. 4, 1995]

[[Page 450]]



Sec. 35.35-40   Conditions under which transfer operations shall not be commenced or if started shall be discontinued--TB/ALL.

    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.



Sec. 35.35-42  Restrictions on vessels alongside a tank vessel loading or unloading cargo of Grade A, B, or C--TB/ALL.

    (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.

[CGD 79-116, 60 FR 17156, Apr. 4, 1995]



Sec. 35.35-45   Auxiliary steam, air, or electric current--B/ALL.

    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.



Sec. 35.35-50   Termination of transfer operations--TB/ALL.

    (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]



Sec. 35.35-55   Transfer of other cargo or stores on tank vessels--TB/ALL.

    (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.

[CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 79-116, 60 FR 
17157, Apr. 4, 1995]



Sec. 35.35-60   Transportation of other cargo or stores on tank barges--B/ALL.

    (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]



Sec. 35.35-70   Maintenance of cargo handling equipment--TB/ALL.

    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.



Sec. 35.35-75   Emergencies--TB/ALL.

    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.

[[Page 451]]



Sec. 35.35-85  Air compressors--TB/ALL.

    (a) No person may operate an air compressor in a cargo area 
described in Sec. 32.35-15 of this subchapter.
    (b) The owner of a vessel, except a foreign flag vessel, that has an 
air compressor or an air compressor intake in a cargo area described in 
Sec. 32.35-15 of this subchapter must have the equipment made 
permanently inoperative or removed from that location at the next 
drydocking or inspection for certification of the vessel after June 15, 
1977, whichever occurs first. The equipment may not be reinstalled 
thereafter in a cargo area described in Sec. 32.35-15 of this 
subchapter.

[CGD 75-017, 42 FR 25735, May 19, 1977, as amended by CGD 75-017, 42 FR 
45677, Sept. 12, 1977]



        Subpart 35.40--Posting and Marking Requirements--TB/ALL.



Sec. 35.40-1  General alarm contact maker--TB/ALL.

    Each general alarm contact maker must be marked in accordance with 
requirements in subchapter J (Electrical Engineering Regulations) of 
this chapter.

[CGD 74-125A, 47 FR 15231, Apr. 8, 1982]



Sec. 35.40-5  General alarm bells--TB/ALL.

    General alarm bells must be marked in accordance with requirements 
in subchapter J (Electrical Engineering Regulations) of this chapter.

[CGD 74-125A, 47 FR 15231, Apr. 8, 1982]



Sec. 35.40-6  Emergency lights--TB/ALL.

    Emergency lights must be marked in accordance with requirements in 
subchapter J (Electrical Engineering Regulations) of this chapter.

[CGD 74-125A, 47 FR 15231, Apr. 8, 1982]



Sec. 35.40-7   Carbon dioxide alarm--T/ALL.

    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.''



Sec. 35.40-10   Steam, foam, or CO2 fire smothering apparatus--TB/ALL.

    Steam, foam, or CO2 fire smothering apparatus shall be marked 
``STEAM FIRE APPARATUS'' or ``FOAM FIRE APPARATUS'' or ``CO2 FIRE 
APPARATUS,'' as appropriate, in not less than 2-inch red letters. The 
valves of all branch pipes leading to the several compartments shall be 
distinctly marked to indicate the compartments or parts of the vessel to 
which they lead.



Sec. 35.40-15   Fire hose stations--TB/ALL.

    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.



Sec. 35.40-17   Foam hose/monitor stations--T/ALL.

    (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]



Sec. 35.40-18   Water spray systems--TB/ALL.

    (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.



Sec. 35.40-20   Emergency equipment--TB/ALL.

    Each locker and space where emergency equipment is stowed must be 
marked ``EMERGENCY EQUIPMENT'' or ``SELF-CONTAINED BREATHING 
APPARATUS'', as appropriate.

[CGD 86-036, 57 FR 43824, Oct. 23, 1992]



Sec. 35.40-25   Fire extinguishers--TB/ALL.

    Each fire extinguisher shall be marked with a number and the 
location where stowed shall be marked in corresponding numbers in at 
least \1/2\ inch figures.

[[Page 452]]



Sec. 35.40-30   Instructions for changing steering gear--TB/ALL.

    Instructions in at least \1/2\ inch letters and figures shall be 
posted in the steering engineroom, relating in order, the different 
steps to be taken in changing to the emergency steering gear. Each 
clutch, gear wheel, lever, valve or switch which is used during the 
changeover shall be numbered or lettered on a brass plate or painted so 
that the markings can be recognized at a reasonable distance. The 
instructions shall indicate each clutch or pin to be ``in'' or ``out'' 
and each valve or switch which is to be ``opened'' or ``closed'' in 
shifting to any means of steering for which the vessel is equipped. 
Instructions shall be included to line up all steering wheels and rudder 
amidship before changing gears.



Sec. 35.40-35   Rudder orders--TB/ALL.

    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.''



Sec. 35.40-40  Marking and instructions for fire and emergency equipment--TB/ALL.

    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.

[CGD 84-069, 61 FR 25287, May 20, 1996]



PART 36--ELEVATED TEMPERATURE CARGOES--Table of Contents




                         Subpart 36.01--General

Sec.
36.01-1  Scope of regulations--TB/ALL.
36.01-5  Certificate of inspection--TB/ALL.

                       Subpart 36.05--Cargo Tanks

36.05-1  Installation of cargo tanks--TB/ALL.
36.05-10  Protection of personnel--TB/ALL.

    Subpart 36.10--Piping, Valves, Fittings, and Accessory Equipment

36.10-1  Cargo pump relief valves--TB/ALL.

                  Subpart 36.20--Vents and Ventilation

36.20-1  Flame screens--TB/ALL.
36.20-5  Ventilation of pumproom--TB/ALL.

                   Subpart 36.30--Periodic Inspections

36.30-1  Lagged tanks--TB/ALL.

    Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; 49 CFR 1.46.

    Source: CGFR 65-50, 30 FR 16716, Dec. 30, 1965, unless otherwise 
noted.



                         Subpart 36.01--General



Sec. 36.01-1   Scope of regulations--TB/ALL.

    (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 deg. F. or above, shall be exempt from the requirements 
prescribed in the following sections of this subchapter:
    (1) Inspection prior to making repairs--Sec. 35.01-1(b).
    (2) Watchman for a tank vessel--Sec. 35.05-15.
    (3) Warning sign at gangway--Sec. 35.30-1(b).
    (4) Cargo tank hatches, ullage holes and Butterworth plates--
Sec. 35.30-10.
    (5) Men on duty--Sec. 35.35-1.
    (6) Inspection prior to transfer of cargo--Sec. 35.35-20.
    (7) Approval to start transfer of cargo--Sec. 35.35-25.
    (8) ``Declaration of inspection'' for tank ships--Sec. 35.35-30.
    (9) Transportation of other cargo or stores on tank barges--
Sec. 35.35-60.
    (c) The regulations governing the transportation in the solid state 
of materials referred to in Sec. 36.01-1(a) are contained in part 146 of 
subchapter N (Dangerous Cargoes) of this chapter.

[[Page 453]]



Sec. 36.01-5   Certificate of inspection--TB/ALL.

    (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]



                       Subpart 36.05--Cargo Tanks



Sec. 36.05-1   Installation of cargo tanks--TB/ALL.

    (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]



Sec. 36.05-10   Protection of personnel--TB/ALL.

    (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]



    Subpart 36.10--Piping, Valves, Fittings, and Accessory Equipment



Sec. 36.10-1   Cargo pump relief valves--TB/ALL.

    (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]



                  Subpart 36.20--Vents and Ventilation



Sec. 36.20-1   Flame screens--TB/ALL.

    (a) Flame screens may be omitted in the vent lines on cargo tanks.
    (b) [Reserved]



Sec. 36.20-5   Ventilation of pumproom--TB/ALL.

    (a) Where personnel are required to enter pumprooms located below 
the weather deck under normal circumstances of handling cargo, such 
pumprooms shall be equipped with power ventilation.
    (b) [Reserved]



                   Subpart 36.30--Periodic Inspections



Sec. 36.30-1   Lagged tanks--TB/ALL.

    (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]



PART 38--LIQUEFIED FLAMMABLE GASES--Table of Contents




                         Subpart 38.01--General

Sec.
38.01-1  Scope of regulations--TB/ALL.
38.01-2  Transportation of portable cylinders or portable tanks 
          containing or having previously contained liquefied flammable 
          gases in dry cargo spaces--TB/ALL.
38.01-3  Incorporation by reference.
38.01-5  Certificate of inspection--TB/ALL.

                 Subpart 38.05--Design and Installation

38.05-1  Design and construction of vessels--general--TB/ALL.
38.05-2  Design and construction of cargo tanks--general--TB/ALL.
38.05-3  Design and construction of pressure vessel type cargo tanks--
          TB/ALL.
38.05-4  Design and construction of non-pressure vessel type cargo 
          tanks--TB/ALL.
38.05-5  Markings--TB/ALL.
38.05-10  Installation of cargo tanks--general--TB/ALL.
38.05-20  Insulation--TB/ALL.
38.05-25  Refrigerated systems--TB/ALL.

    Subpart 38.10--Piping, Valves, Fittings, and Accessory Equipment

38.10-1  Valves, fittings, and accessories--TB/ALL.
38.10-5  Filling and discharge pipes--TB/ALL.
38.10-10  Cargo piping--TB/ALL.
38.10-15  Safety relief valves--TB/ALL.
38.10-20  Liquid level gaging devices--TB/ALL.

                   Subpart 38.15--Special Requirements

38.15-1  Filling of tanks--TB/ALL.
38.15-5  Cargo hose--TB/ALL.

[[Page 454]]

38.15-10  Leak detection systems--T/ALL.
38.15-15  Electrical installations--TB/ALL.
38.15-20  Remote shutdowns--TB/ALL.

                 Subpart 38.20--Venting and Ventilation

38.20-1  Venting--T/ALL.
38.20-5  Venting--T/ALL.
38.20-10  Ventilation--T/ALL.

              Subpart 38.25--Periodic Tests and Inspections

38.25-1  Tests and inspections--TB/ALL.
38.25-3  Nondestructive testing--TB/ALL.
38.25-5  Removal of defective tanks--TB/ALL.
38.25-10  Safety relief valves--TB/ALL.

    Authority: 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.

    Source: CGFR 66-33, 31 FR 15269, Dec. 6, 1966, unless otherwise 
noted.



                         Subpart 38.01--General



Sec. 38.01-1   Scope of regulations--TB/ALL.

    (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 on deck of liquefied flammable gases in 
portable cylinders and tanks and the transportation of empty cylinders 
and portable tanks previously used shall be in accordance with the 
requirements of 49 CFR parts 171-179. The transportation of such 
containers under deck shall be in accordance with the requirements of 
Sec. 38.01-2.

[CGFR 66-33, 31 FR 15269, Dec. 6, 1966, as amended by CGD 86-033, 53 FR 
36024, Sept. 16, 1988]



Sec. 38.01-2   Transportation of portable cylinders or portable tanks containing or having previously contained liquefied flammable gases in dry cargo spaces--
          TB/ALL.

    (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 properly stowed, dunnaged, and secured to prevent movement 
in any direction.
    (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

[[Page 455]]

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.

[CGFR 66-33, 31 FR 15269, Dec. 6, 1966, as amended by CGFR 68-32, 33 FR 
5714, Apr. 12, 1968; CGD 74-125A, 47 FR 15231, Apr. 8, 1982; CGD 92-050, 
59 FR 39666, Aug. 5, 1994]



Sec. 38.01-3  Incorporation by reference.

    (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 Federal Register and the 
material made available to the public. All approved material is on file 
at the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC and is available from the sources indicated in 
paragraph (b) of this section.
    (b) The standards and specifications approved for incorporation by 
reference in this part, and the sections affected, are:

           American Society for Nondestructive Testing (ASNT)

4153 Arlingate Road, Caller 28518, Columbus, OH, 43228-0518
ASNT ``Recommended Practice No. SNT-TC-1A (1988), Personnel 
Qualification and Certification in Nondestructive Testing'' 
                                                           38.25-3(c)(2)

                American Society of Mechanical Engineers

United Engineering Center, 345 East 47th Street, New York, NY 10017
ASME Boiler and Pressure Vessel Code Section V, Nondestructive 
Examination (1986).........................................38.25-3(a)(1)

[CGD 85-061, 54 FR 50962, Dec. 11, 1989]



Sec. 38.01-5   Certificate of inspection--TB/ALL.

    (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 ------ deg.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.



                 Subpart 38.05--Design and Installation



Sec. 38.05-1   Design and construction of vessels--general--TB/ALL.

    (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 Sec. 32.60-10 of this 
subchapter. In a nonpressure vessel configuration, the void

[[Page 456]]

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 Sec. 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 Sec. 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.

[CGFR 66-33, 31 FR 15269, Dec. 6, 1966, as amended by CGFR 68-82, 33 FR 
18806, Dec. 18, 1968; CGFR 68-65, 33 FR 19985, Dec. 28, 1968; CGFR 70-
10, 35 FR 3709, Feb. 25, 1970]



Sec. 38.05-2   Design and construction of cargo tanks--general--TB/ALL.

    (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:

               ts=tw-0.25(tw-tb)      

                                                                     (1)
where:

ts=Service temperature.
tw=Boiling temperature of gas at normal working pressure of tank 
          but not higher than +32 deg. F.
tb=Boiling temperature of gas at atmospheric pressure.

    (c) Heat transmission studies, where required, shall assume the 
minimum ambient temperatures of 0 deg. F. still air and 32 deg. F. still 
water, and maximum ambient temperatures of 115 deg. F. still air and 
90 deg. F. still water.
    (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 deg. each side (120 deg.) in 10 seconds.
    (2) Pitching 6 deg. half amplitude (24 deg.) in 7 seconds.
    (3) Heaving L/80' half amplitude (L/20') in 8 seconds.
    (e) Cargo tanks on barges shall be designed in accordance with 
Sec. 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.



Sec. 38.05-3   Design and construction of pressure vessel type cargo tanks--TB/ALL.

    (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 deg. 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

[[Page 457]]

the vapor pressure of the gas at 115 deg. 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 deg. F. The insulation material shall 
conform to the requirements of Sec. 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 this chapter for the service temperature, and this temperature shall 
be permanently marked on the tank as prescribed in Sec. 38.05-5.
    (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.

[CGFR 66-33, 31 FR 15269, Dec. 6, 1966, as amended by CGFR 68-82, 33 FR 
18806, Dec. 18, 1968]



Sec. 38.05-4   Design and construction of nonpressure vessel type cargo tanks--TB/ALL.

    (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

[[Page 458]]

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.

[CGFR 66-33, 31 FR 15269, Dec. 6, 1966, as amended by CGFR 68-82, 33 FR 
18807, Dec. 18, 1968]



Sec. 38.05-5   Markings--TB/ALL.

    (a)(1) Upon satisfactory completion of tests and inspection, 
pressure vessel and nonpressure vessel type cargo tanks, shall have 
markings as required by Sec. 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 Sec. 38.25-1(b). In the case of nonpressure vessel type 
tanks, the hydrostatic test pressure shall mean the pressure specified 
in Sec. 38.25-1(d), while the maximum allowable pressure shall mean the 
maximum venting pressure as used in Sec. 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.

[CGFR 66-33, 31 FR 15269, Dec. 6, 1966, as amended by CGFR 68-82, 33 FR 
18807, Dec. 18, 1968]



Sec. 38.05-10   Installation of cargo tanks--general--TB/ALL.

    (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 
Sec. 38.05-2(d).
    (2) Cargo tanks installed in barges shall comply with the 
requirements of Sec. 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

[[Page 459]]

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 on deck, under deck, or with the 
tanks protruding through the deck. All tanks shall be installed with the 
manhole openings located in the open above the weather deck. Provided an 
equivalent degree of safety is attained, the Commandant may approve 
cargo tanks installed with manhole openings located below the weather 
deck.
    (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 Sec. 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 testing for the hull and integral tanks. In the 
application of the requirements for the hydrostatic test of the cargo 
tanks, the hydrostatic test shall in no case be less severe than the 
worst anticipated service condition of the cargo loading. In the design 
and testing of independent cargo tanks and integral cargo tanks 
consideration shall be given to the possibility of the independent tanks 
being subjected to external loads.
    (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.



Sec. 38.05-20   Insulation--TB/ALL.

    (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 American Society for 
Testing and Materials Specification D-1692, ``Flammability of Plastics, 
Foam and Sheeting,'' 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

[[Page 460]]

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.



Sec. 38.05-25   Refrigerated systems--TB/ALL.

    (a) When a liquefied flammable gas is carried below atmospheric 
temperature under the requirements of Sec. 38.05-3(f) or Sec. 38.05-4, 
maintenance of the tank pressure below the maximum allowable pressure 
shall be provided by one or more of the following means:
    (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 Sec. 38.20-1(j).



    Subpart 38.10--Piping, Valves, Fittings, and Accessory Equipment



Sec. 38.10-1   Valves, fittings, and accessories--TB/ALL.

    (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 deg. F., or the maximum allowable pressure 
of the cargo tank, or the requirements of Sec. 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.

[[Page 461]]

    (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 pressure gage, and shall be 
provided with suitable access for convenient operation. Piping shall 
enter the cargo tanks above weather deck and as close to the top of the 
tank or dome as possible, except as otherwise permitted in this section. 
Connections to the tanks shall be protected against mechanical damage 
and tampering. No underdeck cargo piping shall be installed between the 
outboard side of the cargo containment system and the shell of the 
vessel, unless provision is made to maintain the minimum inspection and 
collision protection clearances of Sec. 38.05-10(e) between the piping 
and the shell. Other openings in the tanks, except as specifically 
permitted by the Commandant, are prohibited.
    (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 Sec. 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

[[Page 462]]

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 deg. F. and 
220 deg. 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 thermometer well where installed on the tank proper shall be 
attached to the tank by welding.
    (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.

[CGFR 66-33, 31 FR 15269, Dec. 6, 1966, as amended by CGFR 68-82, 33 FR 
18807, Dec. 18, 1968]

[[Page 463]]



Sec. 38.10-5   Filling and discharge pipes--TB/ALL.

    (a) Filling and discharge connections shall be provided with the 
manually operated valve required by Sec. 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 Sec. 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.



Sec. 38.10-10   Cargo piping--TB/ALL.

    (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 to the requirements 
of part 56 of subchapter F (Marine Engineering) of this chapter.
    (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.

[CGFR 66-33, 31 FR 15269, Dec. 6, 1966, as amended by CGFR 68-82, 33 FR 
18807, Dec. 18, 1968]



Sec. 38.10-15   Safety relief valves--TB/ALL.

    (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 deg. 
F. plus the maximum flow rate of the cargo filling pipes or,
    (2) The vapors generated under fire exposure computed using the 
formulas of Sec. 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 Sec. 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.

[CGFR 68-82, 33 FR 18807, Dec. 18, 1968]

[[Page 464]]



Sec. 38.10-20   Liquid level gaging devices--TB/ALL.

    (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 deg. F. and 130 deg. 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 
Sec. 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 
automatic float, gage, or other alternate means acceptable to the 
Commandant may be used.
    (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: Provided, That such glasses shall be made 
of high strength material suitable for the operating temperatures of not 
less than one-half inch in thickness and adequately protected by a metal 
cover.



                   Subpart 38.15--Special Requirements



Sec. 38.15-1   Filling of tanks--TB/ALL.

    (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:

                      VL=0.98dr!V/dL

where:

VL=maximum volume to which tank may be loaded.
V=volume of tank.
dr=density of cargo at the temperature required for a cargo vapor 
          pressure equal to the relief valve setting.
dL=density of cargo at the loading temperature and pressure.

    (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 deg. F.

    Table 38.15-1(b)--Maximum Permissible Filling Densities for Tanks   
                Operating At or Near Ambient Temperature                
------------------------------------------------------------------------
                                             Maximum permitted filling  
                                                      density           
                                         -------------------------------
                                           Unlagged tanks--             
                                            water capacity              
     Specific gravity at 60 deg. F.                             Lagged  
                                         -------------------- tanks--all
                                            1,200     Over    capacities
                                          gal. and    1,200             
                                            under     gal.              
------------------------------------------------------------------------
0.473-0.480.............................        38        41         42 
0.481-0.488.............................        39        42         43 

[[Page 465]]

                                                                        
0.489-0.495.............................        40        43         44 
0.496-0.503.............................        41        44         45 
0.504-0.510.............................        42        45         46 
0.511-0.519.............................        43        46         47 
0.520-0.527.............................        44        47         48 
0.528-0.536.............................        45        48         49 
0.537-0.544.............................        46        49         50 
0.545-0.552.............................        47        50         51 
0.553-0.560.............................        48        51         52 
0.561-0.568.............................        49        52         53 
0.569-0.576.............................        50        53         54 
0.577-0.584.............................        51        54         55 
0.585-0.592.............................        52        55         56 
0.593-0.600.............................        53        56         57 
0.601-0.608.............................        54        57         58 
0.609-0.617.............................        55        58         59 
0.618-0.626.............................        56        59         60 
0.627-0.634.............................        57        60        61  
------------------------------------------------------------------------
Note: Increase in filling densities to provide for seasonal changes may 
  be considered by the Commandant upon presentation of factual evidence 
  that safe operation can be effected.                                  



Sec. 38.15-5   Cargo hose--TB/ALL.

    (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 hydrostatically tested by its 
manufacturer to a pressure not less than twice its maximum working 
pressure nor more than two-fifth its bursting pressure. The hose shall 
be marked with its maximum working pressure, and if used in refrigerated 
service, its minimum temperature.



Sec. 38.15-10   Leak detection systems-- T/ALL.

    (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.

[CGFR 66-33, 31 FR 15269, Dec. 6, 1966, as amended by CGFR 68-65, 33 FR 
19985, Dec. 28, 1968]



Sec. 38.15-15   Electrical installations--   TB/ALL.

    (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

[[Page 466]]

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 Sec. 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.



Sec. 38.15-20   Remote shutdowns--TB/ALL.

    (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]



                 Subpart 38.20--Venting and Ventilation



Sec. 38.20-1   Venting--T/ALL.

    (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.

       Table 38.20-1(b)--Capacity of Branch Vents or Vent Headers       
------------------------------------------------------------------------
                                                                Percent 
                                                                of total
                    Number of cargo tanks                        valve  
                                                               discharge
------------------------------------------------------------------------
1 or 2.......................................................        100
3............................................................         90
4............................................................         80
5............................................................         70
6 or more....................................................         60
------------------------------------------------------------------------


[[Page 467]]

    (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 
Sec. 38.05-25(b) shall utilize valves separate from the safety relief 
valves.



Sec. 38.20-5   Venting--T/ALL.

    (a) Safety relief valves on cargo tanks in barges may be connected 
to individual or common risers which shall extend to a reasonable height 
above the deck. An alternate arrangement consisting of a branch vent 
header system as required by Sec. 38.20-1 may be installed. In any case, 
the provisions of Sec. 38.20-1 (d) through (j) shall apply.
    (b) Arrangements providing for venting cargo tanks at sea on 
unmanned barges will be considered by the Commandant upon presentation 
of plans.



Sec. 38.20-10   Ventilation--T/ALL.

    (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 
Sec. 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 Sec. 38.10-
1(h).

[[Page 468]]

    (3) The space surrounding tanks whose manhole openings are below the 
weather deck in accordance with Sec. 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.

[CGFR 66-33, 31 FR 15269, Dec. 6, 1966, as amended by CGFR 68-65, 33 FR 
19985, Dec. 28, 1968]



              Subpart 38.25--Periodic Tests and Inspections



Sec. 38.25-1   Tests and inspections--TB/ALL.

    (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  deg.F (-55  deg.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 Sec. 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 accordance with Sec. 38.25-3, 
during each internal inspection.
    (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\1/2\ times the tanks's--
    (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.

    Note: 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 Sec. 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.

[CGFR 66-33, 31 FR 15269, Dec. 6, 1966, as amended by CGD 85-061, 54 FR 
50962, Dec. 11, 1989]



Sec. 38.25-3  Nondestructive testing--TB/ALL.

    (a) Before nondestructive testing may be conducted to meet 
Sec. 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--

[[Page 469]]

    (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.

[CGD 85-061, 54 FR 50963, Dec. 11, 1989]



Sec. 38.25-5   Removal of defective tanks--TB/ALL.

    If a tank fails to pass the tests prescribed in this subpart, it 
shall be removed from service unless otherwise authorized by the 
Commandant.



Sec. 38.25-10   Safety relief valves--TB/ALL.

    (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.

[CGFR 66-33, 31 FR 15269, Dec. 6, 1966, as amended by CGD 95-027, 61 FR 
26000, May 23, 1996]



PART 39--VAPOR CONTROL SYSTEMS--Table of Contents




                         Subpart 39.10--GeneraI

Sec.
39.10-1  Applicability--TB/ALL.
39.10-3  Definitions--TB/ALL.
39.10-5  Incorporation by reference--TB/ALL.
39.10-9  Vessel vapor processing unit--TB/ALL.
39.10-11  Personnel training--TB/ALL.
39.10-13  Submission of vapor control system designs--TB/ALL.

                   Subpart 39.20--Design and Equipment

39.20-1  Vapor collection system--TB/ALL.
39.20-3  Cargo gauging system--TB/ALL.
39.20-7  Tankship liquid overfill protection--T/ALL.
39.20-9  Tank barge liquid overfill protection--B/ALL.
39.20-11  Vapor overpressure and vacuum protection--TB/ALL.
39.20-13  High and low vapor pressure protection for tankships--T/ALL.

                        Subpart 39.30--Operations

39.30-1  Operational requirements--TB/ALL.

    Subpart 39.40--Lightering and Topping-Off Operations with Vapor 
                                Balancing

39.40-1  General requirements for vapor balancing--TB/ALL.
39.40-3  Design and equipment for vapor balancing--TB/ALL.
39.40-5  Operational requirements for vapor balancing--TB/ALL.

    Authority: 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.

    Source: CGD 88-102, 55 FR 25446, June 21, 1990, unless otherwise 
noted.



                         Subpart 39.10--General



Sec. 39.10-1  Applicability--TB/ALL.

    (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

[[Page 470]]

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 
Sec. 39.30-1 and Sec. 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 Sec. 30.10-39 of this 
subchapter.

[CGD 88-102, 55 FR 25446, June 21, 1990, as amended by CGD 95-072, 60 FR 
50462, Sept. 29, 1995; CGD 96-041, 61 FR 50727, Sept. 27, 1996]



Sec. 39.10-3  Definitions--TB/ALL.

    As used in this part:
    Cargo deck area means that part of the weather deck that is directly 
over the cargo tanks.
    Existing vapor collection system means a vapor collection system 
which was operating prior to July 23, 1990.
    Facility vapor connection means the point in a facility's fixed 
vapor collection system where it connects with the vapor collection hose 
or the base of the vapor collection arm.
    Independent as applied to two systems means that one system will 
operate with a failure of any part of the other system except power 
sources and electrical feeder panels.
    Inerted means the oxygen content of the vapor space in a cargo tank 
is reduced to 8 percent by volume or less in accordance with the inert 
gas requirements of Sec. 32.53 or Sec. 153.500 of this chapter.
    Lightering or lightering operation means the transfer of a bulk 
liquid cargo from a tank vessel to a service vessel.
    Marine Safety Center means the Commanding Officer, U.S. Coast Guard 
Marine Safety Center, 400 Seventh Street, SW., Washington, DC 20590-
0001.
    Maximum allowable transfer rate means the maximum volumetric rate at 
which a vessel may receive cargo or ballast.
    New vapor collection system means a vapor collection system which is 
not an existing vapor collection system.
    Service vessel means a vessel which transports bulk liquid cargo 
between a facility and another vessel.
    Topping-off operation means the transfer of a bulk liquid cargo from 
a service vessel to another vessel in order to load the receiving vessel 
to a deeper draft.
    Vapor balancing means the transfer of vapor displaced by incoming 
cargo from the tank of a vessel receiving cargo into a tank of the 
vessel or facility delivering cargo via a vapor collection system.
    Vapor collection system means an arrangement of piping and hoses 
used to collect vapor emitted from a vessel's cargo tanks and to 
transport the vapor to a vapor processing unit.
    Vapor control system means an arrangement of piping and equipment 
used to control vapor emissions collected from a vessel. It includes the 
vapor collection system and vapor processing unit.
    Vapor processing unit means the components of a vapor control system 
that recovers, destroys, or disperses vapor collected from a vessel.
    Vessel vapor connection means the point in a vessel's fixed vapor 
collection system where it connects with the vapor collection hose or 
arm.



Sec. 39.10-5  Incorporation by reference--TB/ALL.

    (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 Federal Register and the material made available to the public. All 
approved material is on file at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC and at the U.S. 
Coast Guard, Office of Operating and Environmental Standards (G-MSO), 
2100 Second Street, SW., Washington, DC 20593-0001, and is available 
from the sources indicated in paragraph (b) of this section.
    (b) The material approved for incorporation by reference in this 
part, and the sections affected are:

[[Page 471]]



American Petroleum Institute (API), 1220 L Street NW.,                  
 Washington, DC 20005                                                   
    API Standard 2000, Venting Atmospheric and Low-Pressure             
     Storage Tanks (Nonrefrigerated and Refrigerated), Third            
     Edition, January 1982 (reaffirmed December 1987).......    39.20-11
American National Standards Institute (ANSI), 11 West 42nd              
 Street, New York, NY 10036                                             
    ANSI B16.5, Steel Pipe Flanges and Flanged Fittings,                
     1981...................................................     39.20-1
American Society for Testing and Materials (ASTM), 1916 Race            
 Street, Philadelphia, PA 19103                                         
    ASTM F1271--Standard Specification for Spill Valves for             
     Use in Marine Tank Liquid Overpressure Protection                  
     Applications, December 29, 1989........................     39.20-9
International Electrotechnical Commission (IEC), Bureau                 
 Central de la Commission Electrotechnique Internationale, 1            
 rue de Varembe', Geneva, Switzerland                                   
    IEC 309-1--Plugs, Socket-Outlets and Couplers for                   
     Industrial Purposes: Part 1, General Requirements, 1979     39.20-9
    IEC 309-2--Plugs, Socket-Outlets and Couplers for                   
     Industrial Purposes: Part 2, Dimensional                           
     Interchangeability Requirements for Pin and Contact-               
     tube Accessories, 1981.................................     39.20-9
National Electrical Manufacturers Association (NEMA), 2101 L            
 St. NW., Washington, DC 20036                                          
    ANSI/NEMA WD6--Wiring Devices, Dimensional Requirements,            
     1988...................................................     39.20-9
National Fire Protection Association (NFPA), 1 Batterymarch             
 Park, Quincy, MA 02269                                                 
    NFPA 70--National Electrical Code, 1987.................     39.20-9
Oil Companies International Marine Forum (OCIMF), 15th                  
 Floor, 96 Victoria Street, London SWIE 5JW, England                    
    International Safety Guide for Oil Tankers and                      
     Terminals, Third Edition, 1988.........................     39.30-1
                                                                        


[CGD 88-102, 55 FR 25446, June 21, 1990, as amended by CGD 95-072, 60 FR 
50462, Sept. 29, 1995; CGD 96-041, 61 FR 50727, Sept. 27, 1996]



Sec. 39.10-9  Vessel vapor processing unit--TB/ALL.

    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.

[CGD 88-102, 55 FR 25446, June 21, 1990, as amended by CGD 95-072, 60 FR 
50462, Sept. 29, 1995; CGD 96-041, 61 FR 50727, Sept. 27, 1996]



Sec. 39.10-11  Personnel training--TB/ALL.

    (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.

[CGD 88-102, 55 FR 25446, June 21, 1990; 55 FR 39270, Sept. 26, 1990]



Sec. 39.10-13  Submission of vapor control system designs--TB/ALL.

    (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 not exempted by 
Sec. 39.10-1(c) of this part must have plans, calculations, and 
specifications submitted to the Marine Safety Center for approval by 
January 23, 1991. Modifications required to bring the installation

[[Page 472]]

into compliance with this part must be completed July 23, 1992.
    (c) 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.
    (d) 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.
    (e) 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.



                   Subpart 39.20--Design and Equipment



Sec. 39.20-1  Vapor collection system--TB/ALL.

    (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

[[Page 473]]

    (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.

[CGD 88-102, 55 FR 25446, June 21, 1990, as amended by CGD 95-072, 60 FR 
50462, Sept. 29, 1995; CGD 96-041, 61 FR 50727, Sept. 27, 1996]



Sec. 39.20-3  Cargo gauging system--TB/ALL.

    (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 
Sec. 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 Sec. 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 Sec. 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.



Sec. 39.20-7  Tankship liquid overfill protection--T/ALL.

    (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 Sec. 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 Sec. 39.20-
9(d) of this part.

[[Page 474]]



Sec. 39.20-9  Tank barge liquid overfill protection--B/ALL.

    Each cargo tank of a tank barge must have one of the following 
liquid overfill protection arrangements.
    (a) A system meeting the requirements of Sec. 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) Sec. 111.105-9 of this chapter.
    (b) An intrinsically safe overfill control system which:
    (1) Is independent of the cargo gauging device required by 
Sec. 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 Sec. 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 F1271;
    (2) Relieves at a pressure higher than the pressure at which the 
pressure relief valves meeting the requirements of Sec. 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).

[CGD 88-102, 55 FR 25446, June 21, 1990, as amended by CGD 95-072, 60 FR 
50462, Sept. 29, 1995; CGD 96-041, 61 FR 50727, Sept. 27, 1996]



Sec. 39.20-11  Vapor overpressure and vacuum protection--TB/ALL.

    (a) The cargo tank venting system required by Sec. 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.

[[Page 475]]

    (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.



Sec. 39.20-13  High and low vapor pressure protection for tankships--T/ALL.

    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.



                        Subpart 39.30--Operations



Sec. 39.30-1  Operational requirements--TB/ALL.

    (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 Sec. 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 Sec. 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 Sec. 39.20-7 
or Sec. 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;

[[Page 476]]

    (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 Sec. 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 Sec. 39.20-7 or Sec. 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.

[CGD 88-102, 55 FR 25446, June 21, 1990; 55 FR 39270, Sept. 26, 1990]



    Subpart 39.40--Lightering and Topping-Off Operations with Vapor 
                                Balancing



Sec. 39.40-1  General requirements for vapor balancing-TB/ALL.

    (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).

[CGD 88-102, 55 FR 25446, June 21, 1990; 55 FR 39270, Sept. 26, 1990, as 
amended by CGD 95-072, 60 FR 50462, Sept. 29, 1995; CGD 96-041, 61 FR 
50727, Sept. 27, 1996]



Sec. 39.40-3  Design and equipment for vapor balancing--TB/ALL.

    (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

[[Page 477]]

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.



Sec. 39.40-5  Operational requirements for vapor balancing--TB/ALL.

    (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 Sec. 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 Sec. 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.

[CGD 88-102, 55 FR 25446, June 21, 1990; 55 FR 39270, Sept. 26, 1990]

[[Page 479]]

                                  INDEX

                         SUBCHAPTER D--TANK VESSELS

  Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept current by the Coast Guard, Department of 
Transportation.

                                 A

                                                 Part,Subpart,or Section
Accident or casualty report
                                                           Subpart 35.15
Accommodations for crew
                                                           Subpart 32.40
Application......................................................32.40-1
Construction....................................................32.40-15
Heating and cooling.............................................32.40-50
Hospital space..................................................32.40-35
Insect screens..................................................32.40-55
Location of Crew spaces.........................................32.40-10
Messrooms.......................................................32.40-30
On tankships constructed before June 15, 1987...................32.40-65
On tankships of less than 100 gross tons and manned tank barges 
                                                                32.40-60
Other spaces....................................................32.40-40
Sleeping Accommodations.........................................32.40-20
Washrooms and toilet rooms......................................32.40-25
Aids to Navigation:
Charts or information regarding..................................35.20-1
Coast pilots.....................................................35.20-1
Current tables...................................................35.20-1
Light lists......................................................35.20-1
Nautical publications............................................35.20-1
Notice to Mariners...............................................35.20-1
Sailing directions...............................................35.20-1
Tide tables......................................................35.20-1
Air compressor
                                                      32.35-15, 35.35-85
Alarm bells
                                                                   32.25
Marking required.................................................35.40-5
Switches, markings of............................................35.40-1
Alarm systems
                                                           Subpart 32.25
Alcohol or drugs, used by crew
                                                                35.05-25
Alterations and repairs, regulations governing
                                                      30.01-10, 31.10-25
American Bureau of Shipping
                                                                 31.10-1
Annual inspection:
Application for:................................................31.01-15
Fire extinguishers..............................................31.10-18
Anode installations, sacrificial................................35.01-25
Appeal right of.................................................30.20-50
Application for inspection
                                                       31.01-15, 31.1-20
Application, electrical installations
                                                           Subpart 32.45
Application of regulations:
Governing alterations and repairs...............................30.01-10
Vessels on an international voyage...............................30.01-6
Approved, definition
                                                                 30.10-3
Arresters, flame
                                                      30.10-23, 32.20-10
Assignment of functions
                                                                 30.01-3
Authority or marine inspector
                                                                31.01-10

[[Page 480]]

Auto pilot
                                                                35.20-45
Auxiliary machinery:
Design...........................................................32.35-1
Construction.....................................................32.35-1
Installation of internal combustion engines......................32.35-5
Axes, fire
                                                         34.05-20, 34.60

                                 B

Ballasting
                                                                31.10-32
Bell, alarm
                                                           Subpart 32.25
Bell signals
                                                                 32.30-5
Bilge injection valves
                                                                31.10-20
Bilge systems
                                                           Subpart 32.52
Bills of lading required
                                                                35.01-10
Boilerroom, fire extinguishing systems for
                                                                 34.05-5
Boilers:
Accident report by chief engineer................................35.25-5
Examination by engineer..........................................32.25-1
Safety rules for fires...........................................35.30-5
Breeches buoy, poster containing instruction regarding use of
                                                           Subpart 35.12
Breathing apparatus, fresh air
                                                      35.30-20, 35.40-20
Butterworth plates, safety rules regarding
                                                                35.30-10

                                 C

Carbon dioxide extinguishing systems:
Alarms..........................................................34.15-30
Amount of carbon dioxide required................................34.15-5
Application......................................................34.15-1
Controls........................................................34.15-10
Discharge outlets...............................................34.15-25
Dry cargo spaces.................................................34.15-5
Enclosed ventilation systems for rotating electrical propulsion 
equipment........................................................34.15-5
Enclosure openings..............................................34.15-35
Installation contracted for prior to January 1, 1962............34.15-90
Machinery spaces pumprooms paint lockers and similar spaces......34.15-5
Piping..........................................................34.15-15
Pressure relief.................................................34.15-40
Quantity, pipe sizes, and discharge rates........................34.15-5
Storage.........................................................34.15-20
Total available supply...........................................34.15-5
Cargo, definition
                                                                 30.10-5
Cargo discharge
                                                                 32.50-3
Cargoes, elevated temperatures
                                                                 Part 36
Cargoes regulated
                                                           Subpart 30.25
Cargo gear certificates or registers 31.10-16
                                                           Subpart 31.37
Cargo gear inspection
                                                         31.10-16, 31.37
Cargo handling:
Equipment maintenance...........................................35.35-70
General............................................................35.35
Liquefied petroleum gases..................................Subpart 38.15
Loading information.............................................35.10-32
Safety requirements................................................35.30
Unmanned tank barges.............................................35.35-1
Cargo handling room, definitions
                                                                 30.10-6
Cargo hose
                                      32.50, 35.35-15, 35.35-70, 38.15-5

[[Page 481]]

Cargo piping
                                          Subpart 32.50,40.15-1,38.10-10
Cargo pumps
                                                           Subpart 32.50
Cargo pump relief valves
                                                                 36.10-1
Cargo pump, testing of
                                                                35.35-70
Cargo tank hatches, ullage holes and Butterworth plates, safety 
rules regarding
                                                                35.30-10
Cargo tanks:
Construction and testing of.......32.60-40, 32.65-40, 32.70-25, 32.75-10
Design and installation of.........................................38.05
Electric bonding and grounding of...............................32.75-15
Filling densities................................................38.15-1
Fire extinguishing systems for...................................34.05-5
Hydrostatic test of..............................................38.25-1
Installation for carrying liquids at elevated temperatures.......36.05-1
Independent.......................32.60-30, 32.65-30, 32.70-25, 32.75-10
Lagging.........................................................38.05-20
Liquid level gauging devices..........................38.10-20, 32.20-20
Liquefied petroleum gases........................................Part 38
Marking of.......................................................38.05-5
Periodic test....................................................38.25-1
Piping..........................................................38.10-10
Refrigeration system used with..................................38.05-25
Removal from service.............................................38.25-5
Venting of...............................Subpart 32.55, 38.20-1, 38.20-5
Cargo transfer:
Approval of.....................................................35.35-25
Conditions affecting............................................35.35-40
Connecting of cargo hose........................................35.35-15
Declaration of inspection.......................................35.35-30
Duties of senior deck officer...................................35.35-35
Electric bonding.................................................35.35-5
Filling densities................................................38.15-1
Handling of packaged goods, etc.................................35.35-55
Inspection prior to.............................................35.35-20
Liquefied flammable gases........................................38.15-5
Maintenance of equipment........................................35.35-70
Men on duty......................................................35.35-1
Tank barges.....................................................35.35-60
Termination of..................................................35.35-50
Towing vessels furnishing steam, air or electricity.............35.35-45
Vapor control systems............................................Part 39
Vessels coming alongside during.................................35.35-42
Carriage of person other than crew
                                                                35.01-15
Casualty or accident report
                                                           Subpart 35.15
Certificate of class
                                                                 31.10-5
Certificate of inspection:
Application for.......................................31.01-15, 31.01-20
Cargoes of elevated temperatures, carriage of....................36.01-5
Delivery of......................................................31.05-1
Endorsed for liquefied flammable gas.............................38.01-5
Indication of water traveled on..................................31.20-1
Ocean or unlimited coastwise vessels on inland and Great Lakes 
Routes-TB/OC.....................................................30.01-7
Posting of.......................................................31.05-5
Terms, endorsements.............................................31.05-15
Certificates regarding shipboard cargo gear
                                                         31.10-16, 31.37
Certificates under International Convention for Safety of Life at 
Sea
                                                         31.10-16, 31.37

[[Page 482]]

1960 American Bureau of Shipping................................31.40-45
Application......................................................31.40-1
Cargo Ship Safety Construction Certificate.......................31.40-5
Cargo Ship Safety Equipment Certificate.........................31.40-10
Cargo Ship Safety Radiotelegraphy Certificate...................31.40-15
Cargo Ship Safety Radiotelephony Certificate....................31.40-20
Duration of Convention Certificate..............................31.40-40
Exemption Certificate...........................................31.40-25
Nuclear Cargo Ship Safety Certificate...........................31.40-30
Posting of Convention Certificates..............................31.40-35
Certified crewmembers
                                                                 31.15-1
Certified definition
                                                                 30.10-7
Charts of navigable waters required
                                                                 35.20-1
Chief Engineer:
Repairs of boilers and unfired pressure vessels and reports or 
accidents........................................................32.25-5
Class, certificate of
                                                                 31.10-5
Classification requirements, definition
                                                                 30.10-9
CO2 fire apparatus, marking required
                                                                35.40-10
Coast Guard District Commander
                                                                30.10-19
Coast pilots
                                                                 35.20-1
Coastwise, definition
                                                                30.10-11
Cofferdam:
Definition of...................................................30.10-13
Location of.................................32.60-10, 32.65-15, 32.70-10
Requirements of.................................................32.70-10
Venting of......................................................32.55-45
Combustible gas indicator
                                                                35.30-15
Combustible liquids, definition
                                                                30.10-15
Commadant, definition
                                                                30.10-17
Commodities regulated
                                                           Subpart 30.25
Communication, interior system
                                                           Subpart 32.30
Construction and testing of cargo tanks and bulkheads on tank 
vessels
                                            32.65-40, 32.60-40, 32.75-10
Construction of tank barges of materials other than steel or iron, 
requirements
                                                                 32.80-1
Construction of tank vessels:
Cargo spaces segregated from cargo tanks.................32.57-10, 32.60
Ceilings........................................................32.57-10
Deck............................................................32.57-10
Enclosed spaces.................................................32.60-10
General cargo spaces............................................32.60-15
Hatch covers....................................................32.57-10
Hull requirements.............................32.60, 32.65, 32.70, 32.75
Lamp Lockers....................................................32.57-10
Living quarters.......................................32.60-25, 32.65-25
Location of cargo tank spaces...................................32.60-10
Location of independent tanks...................................32.60-30
Machinery........................................................32.35-1
Paint lockers...................................................32.57-10
Requirements for scantlings, material and workmanship...........32.60-1, 
                                               32.65-1, 32.70-5, 32.75-5
Segregation of cargo............................................32.60-10
Stowage spaces..................................................32.60-10
Subdivision of cargo space.............................32.60-5, 32.65-10
Testing of cargo tanks and bulkheads.........32.60-40, 32.65-4032.70-25, 
                                                                32.75-10
Construction of vessels for liquefied gases
                                                                 38.05-1
Construction of wood hull tank vessels:

[[Page 483]]

Application of regulations.......................................32.75-1
Electric bonding and grounding of cargo tanks...................32.75-15
Hold spaces.....................................................32.75-20
Independent cargo tanks.........................................32.75-10
Convention certificates
                                                           Subpart 31.40
Conversion of vessels to tank vessels
                                                                31.10-10
Crew:
Certified members of.............................................31.15-1
Illness of......................................................35.05-25
Licensed officers................................................31.15-1
Physical condition of...........................................35.05-20
Required for cargo handling......................................35.35-1
Crew accommodations:
Inspection of...................................................31.10-45
Requirements for...........................................Subpart 32.40
Sanitary condition of............................................35.01-5
Current tables
                                                                 35.20-1

                                 D

Deck foam system
                                                           Subpart 34.20
Declaration of inspection prior to bulk cargo transfer
                                                                35.35-30
Definition of terms
                                                           Subpart 30.10
Delivery of certificate of inspection
                                                                 31.05-1
Design:
Cargo tanks......................................................38.05-2
Main and auxiliary machinery.....................................32.35-1
Vapor control system.......................................Subpart 39.20
Devices, spark producing
                                                                35.30-35
Display of Plans
                                                                 35.10-3
Draft marks
                                                        32.05-1, 35.20-5
Drills:
Boat.............................................................35.10-5
Fire.............................................................35.10-5
Line throwing appliance..........................................35.10-1
Drydock or hauling out
                                                                31.10-20

                                 E

Effective date of regulation
                                                                30.01-15
Electric bonding and grounding
                                                       32.75-15, 35.35-5
Electrical installations
                                                            31.35, 32.45
Elevated temperature cargoes:
Cargo pump relief valves.........................................36.10-1
Certificate of inspection........................................36.01-5
Flame Screens, vents and ventilations............................36.20-1
Installation of cargo tanks......................................36.05-1
Lagged tanks, periodic inspections...............................36.30-1
Protection of personnel.........................................36.05-10
Ventilation of pumproom..........................................36.20-5
Emergency:
Authority of senior officer.....................................35.35-75
Breathing equipment, marking of.................................35.40-20
Lighting and power systems......................................35.10-15
Outfit..........................................................35.30-20
Repairs to firefighting equipment...............................35.01-35
Signals..........................................................35.10-5
Training.........................................................35.10-1

[[Page 484]]

Enclosed ventilating system, fire extinguishing system
                                                                 34.05-5
Enforcement
                                                                 30.20-1
Engineering, electrical
                                                            31.35, 32.45
Engineering, marine
                                                           Subpart 31.30
Equipment:
Cargo handling.............................................Subpart 32.50
Emergency.......................................................35.30-20
Fire and emergency, marking......................Subpart 35.40, 35.40-40
Installed but not required.......................................34.01-5
Portable electrical.............................................35.30-30
Previously approved.............................................30.01-15
Equipment installations
                                                           Subpart 32.20
Equipment installations on vessels during World War II
                                                                 32.20-1
Equipment, navigation
                                                           Subpart 32.15
Equivalents
                                                                 30.15-1
Escape, means of
                                                                 32.01-1
Examination of tail shaft
                                                                61.15-15
Examination of sea chests, sea valves, sea strainers, and bilge 
injection valves
                                                                31.10-20
Exemption certificate
                                                                31.40-25
Explosives, transportation of
                                                                35.30-25

                                 F

Fire axes
                                                         34.05-20, 34.60
Location of.....................................................34.60-10
Number required..................................................34.60-5
Fire drills
                                                                 35.10-5
Fire extinguishers, portable and semiportable:
Application......................................................34.50-1
Classification...................................................34.50-5
Location........................................................34.50-10
Spare charges...................................................34.50-15
Vessels contracted for prior to January 1, 1962.................34.50-90
Fire extinguishing deck foam system:
Application......................................................34.20-1
Area protected...................................................34.20-5
Cargo area definitions...........................................34.20-3
Controls........................................................34.20-10
Discharge outlets...............................................34.20-20
Installations contracted for prior to January 1, 1970...........34.20-90
Marking.........................................................35.40-10
Piping..........................................................34.20-15
Quantity of foam required........................................34.20-5
Rate of application..............................................34.20-5
Separate supply of foam-producing material.......................34.20-5
Supply of foam producing material................................34.20-5
Water supply.....................................................34.20-5
Fire extinguishing fixed foam systems:
Additional protection required..................................34.17-25
Application......................................................34.17-1
Area protected...................................................34.17-5
Controls........................................................34.17-10
Discharge outlets...............................................34.17-20
Installations contracted for prior to January 1, 1962...........34.17-90
Piping..........................................................34.17-15
Rate of Application..............................................34.17-5
Separate supply of foam-producing material.......................34.17-5

[[Page 485]]

Supply of foam producing material................................34.17-5
Water supply for required pumps..................................34.17-5
Fire extinguishing systems:
Boilerrooms......................................................34.05-5
Carbon dioxide.....................................................34.15
Cargo tanks......................................................34.05-5
Dry cargo compartments...........................................34.05-5
Enclosed ventilating systems.....................................34.05-5
Foam, deck.................................................Subpart 34.20
Foam, fixed................................................Subpart 34.17
Installations contracted for prior to January 1, 1962...........34.10-90
Lamp, paint lockers and similar pages............................34.05-5
Machinery spaces.................................................34.05-5
Marking.........................................................35.40-10
Piping..........................................................34.10-15
Pumprooms........................................................34.05-5
Fire extinguishing system, steam smothering:
Application......................................................34.13-1
Installations contracted for prior to January 1, 1962...........34.13-90
Firefighting equipment:
Application......................................................34.01-1
Fire axes................................................34.05-20, 34.60
Fire main system.................................................34.05-1
Hose............................................................34.10-10
nozzles.........................................................35.40-10
Hydrants........................................................35.40-15
Installed but not required.......................................34.01-5
Portable, vessel's name on......................................35.40-40
Protection for unusual arrangements or special products.........34.01-10
Testing and inspection................................31.10-18, 31.10-19
Fire main system:
Application......................................................34.10-1
Fire pumps.......................................................34.10-5
Fire station hydrants hose and nozzles..........................34.10-10
Fire, matches and smoking safety rules
                                                                 35.30-5
Fire protection, structu1ral, for tank vessels contracted for on 
or after January 1, 1963
                                                           Subpart 32.57
Fire protection, structural for ships with a keel laying date on 
or after January 1, 1975
                                                           Subpart 32.56
Fire station
                                                                34.10-10
Fitting and piping for liquefied petroleum gases
                                                                38.10-10
Fittings, cargo
                                                           Subpart 32.50
Flame arresters
                                                      30.10-23, 32.20-10
Flame screen
                                                       30.10-25, 36.20-1
Flammable liquid, definition
                                                                30.10-22
Flammable liquid and gas fuels as ships' stores
                                                                35.30-40
Flammable or inflammable, definition
                                                                30.10-21
Flashpoint, definition
                                                                30.10-27
Foam hose/monitor stations
                                                                35.40-17
Fresh air breathing apparatus
                                                      35.30-20, 35.40-20
Fuel oil, requirements
                                                                35.25-10
Fuels, flammable liquid and gas
                                                                35.30-40
Functions, assignment of
                                                                 30.01-3

                                 G

Galley fires, safety rules
                                                                 35.30-5
Gangway signs
                                                                 35.30-1

[[Page 486]]

Gas chemist certified by American Bureau of Shipping
                                                                 35.01-1
Gas free, definition
                                                                30.10-29
Gauge, liquid level
                                             32.20-20, 38.10-20, 39.20-3
Gear, shipboard cargo, certificates or registers
                                                         31.10-16, 31.37
General alarm switch, marking of
                                                                 35.40-1
General alarm systems:
Alarm bells for tankships constructed on or after September 15, 
1943.............................................................32-25-1
Alarm bells for tankships constructed prior to September 15, 1943 
                                                                   32.25
Alarm bells for manned barges......................................32.25
General rules and regulations
                                                                30.10-31
Grade D, combustible liquid
                                                                30.10-15
Grade E, combustible liquid
                                                                30.10-15
Great Lakes
                                                                30.10-33

                                 H

Hauling out or drydocking
                                                                31.10-20
Headquarters
                                                                30.10-35
Hose, cargo
                                                                32.50-30
Hospital accommodations
                                                                 32.40-1
Hull and cargo tank requirements:
Alternative arrangements.........................................32.63-8
Application......................................................32.63-1
Barge hull classifications.......................................32.63-5
Cargo tanks and supports........................................32.63-25
Hull structure..................................................32.63-20
Rakes and coamings..............................................32.63-10
Hull requirements
                                32.60, 32.63, 32.65, 32.70, 32.75, 32.80
Hydrostatic test for cargo tanks
                                                                 38.25-1

                                 I

Inclining test
                                                                31.10-30
Independent cargo tanks
                         32.60-30, 32.60-35, 32.65-30, 32.70-25 32.75-10
Inert gas system
                                                           Subpart 32.53
Inspection:
Alternations and repairs........................................31.10-25
Application for.......................................30.01-15, 30.01-20
Bilges..........................................................31.10-50
Certificate of.............................................Subpart 31.05
Conversion of a vessel to a tank vessel, application for........31.01-20
Crew accommodations.............................................31.10-45
During trial trip...............................................31.10-40
General requirements.......................................Subpart 31.01
Initial, scope of................................................31.01-5
Lagged tanks.....................................................36.30-1
New tank vessel........................................31.01-20, 31.10-5
Plans and specifications.........................................31.10-5
Recognized classification society................................31.10-1
Required.........................................................31.01-1
Required before making repairs...................................35.01-1
Required, liquefied, petroleum gas tanks.........................38.25-1
Required on new tank vessels.....................................31.01-1
Safety valves...................................................38.25-10
Two years.............................................31.10-15, 31.10-17
Inspection and certification of cargo gear
                                                                31.10-16

[[Page 487]]

Inspection and test, periodic, of independent cargo tanks
                                                                   38.25
Inspection of cargo gear:
Additions to gear...............................................31.37-60
Advance notice that cargo gear testing is desired...............31.37-80
Alterations, renewals, or repairs of cargo gear.................31.37-65
Annealing.......................................................31.37-55
Cargo gear plans................................................31.37-15
Certification...................................................31.10-16
Definitions of terms.............................................31.37-3
Dismantling or disassembling.....................................31.37-3
Factors of safety...............................................31.37-25
Loose gear certificates and tests...............................31.37-30
Marking of booms and cranes.....................................31.37-45
Proof test of cargo gear as a unit..............................31.37-40
Records.........................................................31.37-75
Responsibility for conducting required tests and examinations...31.37-85
Responsibility of ship's officer for inspection of cargo gear...31.37-70
Safe working load................................................31.37-3
Tests and examinations of shipboard cargo gear...................31.37-5
Thorough examination.............................................31.37-3
Ton..............................................................31.37-3
When made........................................................31.37-1
Wire rope.............................................30.10-43, 31.01-10
Installation of cargo tanks
                                                                38.05-10
Installation of internal combustion engines
                                                                 32.35-5
Installations made during the Unlimited National Emergency
                                                                 32.20-1
Installation contracted for prior to May 26, 1965
                                                                32.10-90
Internal combustion installations, fire extinguishing systems
                                                                 34.05-5
International voyage
                                                                 30.01-6
Interior communications system:
Bell signals between engineroom and pilothouse...................32.30-5
Inspection of......................................................32.30
Telegraph systems..................................................32.30
Telephone equipment..............................................32.30-1
Voice tubes......................................................32.30-1
Issuance of certificates of inspection
                                                                 31.05-1

                                 L

Lagging for independent cargo tanks
                                                                38.05-20
Lakes, bays and sounds
                                                                30.10-41
Lamp and paintrooms:
Fire extinguishing system for....................................34.05-5
Fireproofing of..................................................32.85-1
Licensed officers required
                                                                 31.15-1
Lifeboat drills
                                                                 35.10-5
Lifesaving Appliances and Approaches
                                                           Subpart 31.36
Actions to be required..........................................35.07-10
Certificate of inspection regulation.............................31.05-1
Drills...........................................................35.10-1
Inspections required.............................................31.01-1
Musters..........................................................35.10-5
Lights, flashing the ray of
                                                                35.20-30
Light List
                                                                 35.20-1
Liquid, flammable
                                                                30.10-22
Liquid level gauging devices
                                     32.20-20, 38.10-1, 38.10-20 39.20-3
Liquefied flammable gas
                                                                30.10-39
Cargo hose......................................................38.15-15

[[Page 488]]

Cargo piping....................................................38.10-10
Certificate of inspection........................................38.05-5
Design and construction of cargo tanks...........................38.05-2
Design and construction of nonpressure vessel type cargo tanks...38.05-4
Design and construction of pressure vessel type cargo tanks......38.05-3
Design and construction of vessels, general......................38.05-1
Electrical installations........................................38.15-15
Filling and discharge pipes.....................................38.05-25
Filling of tanks.................................................38.15-1
Installation of cargo tanks.....................................38.05-10
Insulation......................................................38.05-20
Leak detection systems..........................................38.10-20
Liquid level gauging devices....................................38.10-20
Markings.........................................................38.05-5
Refrigerated systems............................................38.05-25
Remote shutdowns................................................38.15-20
Removal of defective tanks.......................................38.25-5
Safety relief valves............................................38.25-10
Safety relief valves for pressure vessel type tanks.............38.10-15
Scope of regulations.............................................38.01-1
Tests and inspections............................................38.25-1
Transportation of................................................Part 38
Transportation of portable cylinders or portable tanks containing 
or having previously contained liquefied flammable gases in dry 
cargo spaces.....................................................38.01-2
Valves, fittings, and accessories................................38.10-1
Vapor control system.............................................Part 39
Ventilation.....................................................38.20-10
Venting.................................................38.20-1, 38.20-5
Living quarters
                                                      32.60-25, 32.65-25
Load lines
                                                           Subpart 31.25
Loading information
                                                                31.10-32
Logbook entries:
Actions required to be logged...................................35.07-10
Application......................................................35.07-1
Draft of tank ship...............................................35.20-5
Fire and lifeboat drills.........................................35.10-5
Fuel oil requirements...........................................35.25-10
Logbooks and records.............................................35.07-5
Steering gear tests.............................................35.20-10

                                 M

Machinery spaces, fire extinguishing systems for
                                                                 34.05-5
Machinery, main and auxiliary:
Accident report by chief engineer................................35.15-5
Air compressors.................................................32.35-15
Construction.....................................................32.35-1
Design...........................................................32.35-1
Examination by engineer..........................................32.25-1
Installation of internal combustion engines......................32.35-5
Steering apparatus..............................................32.35-10
Maneuvering characteristics, display of
                                                                32.20-40
Manning:
Tank vessels..............................................31.15, 35.35-1
Marine engineering and material specifications
                                                           Subpart 31.30
Marine inspector, authority of
                                                                31.01-10
Markings:

[[Page 489]]

Booms and cranes................................................31.37-45
CO2 alarm........................................................35.40-7
Draft marks......................................................32.05-1
Emergency breathing apparatus...................................35.40-20
Emergency lights.................................................35.40-6
Fire and emergency equipment...............................Subpart 35.40
Firehose stations...............................................35.40-15
General alarm bell...............................................35.40-5
General alarm bell switch........................................35.40-1
Lifesaving equipment............................................35.40-40
Portable fire extinguishers.....................................35.40-25
Steam, foam or CO2 apparatus....................................35.40-10
Steering station................................................35.40-35
Tanks for liquefied flammable gas, marking of....................38.05-5
Vapor control system piping......................................39.20-1
Vessel's name.........................................32.05-10, 32.05-15
Vessel's name on equipment.......................................32.05-5
Master:
Casualty or accident report......................................35.15-1
Licensed officer.................................................35.05-1
Station bills and muster list...........................35.10-1, 35.10-5
Master's and officer's responsibility
                                                                35.20-20
Matches:
Use of...........................................................35.30-5
Materials specification
                                                           Subpart 31.30
Material, scantlings and workmanship
                                                        32.60-1, 32.65-1
Means of escape
                                                                 32.01-1
Muster list
                                                        35.10-1, 35.10-5

                                 N

National Fire Protection Association
                                                                35.301-1
Nautical publications
                                                                 35.20-1
Navigation, use of Auto Pilot
                                                                35.20-45
Navigation equipment:
Anchors for seagoing barges.....................................32.15-15
Magnetic compass and gyro compass...............................32.15-35
Radar...........................................................32.15-30
Sounding machines...............................................32.15-10
Whistles.........................................................32.15-5
New tank vessels, inspection of..................................31.10-5
New tank vessels, plans for inspection of
                                                              31.10-5(a)
Notice to mariners
                                                                 35.20-1

                                 O

Ocean, definition
                                                                30.10-45
Officer in Charge, Marine Inspection
                                                                30.10-47
Officers required on tank vessels
                                                           Subpart 35.05
Open hopper type barges
                                                                35.01-45
Overfill protection, liquid, tank barge
                                                                 39.20-9
Overfill protection, liquid, tank ship
                                                                 39.20-7
Overpressure and vacuum protection, vapor, tank barge and ship 
                                                                39.20-11
Oxygen breathing apparatus, marking of
                                                                35.40-20

                                 P

Paintrooms
                                                Subparts 32.85, 34.05-05
Penalties for violations of regulations
                                                                30.20-10

[[Page 490]]

Period covered by certificate of inspection
                                                                31.05-10
Permit definition
                                                                30.10-49
Permit to proceed to another port for repairs
                                                                31.10-35
Piping:
Fire extinguishing systems........34.10-10, 34.10-15, 34.13-90, 34.15-15 
                                            34.17-15, 34.20-15, 34.25-15
Piping, bilge
                                                                 32.52-5
Piping, cargo
                                                           Subpart 32.50
Cargo tanks.....................................................38.10-10
Steering apparatus..............................................32.35-10
Placard of lifesaving signals and breeches buoy instructions
                                                           Subpart 35.12
Application......................................................35.12-1
Availability.....................................................35.12-5
Plans, Display of
                                                                 35.10-3
Plans for inspection of new tank vessels
                                                              31.10-5(a)
Portable and semiportable extinguishers
                                                         34.05-10, 34.50
Portable tanks-interpretive rulings
                                                                30.01-20
Portable electrical equipment
                                                                35.30-30
Posting of certificate of inspection
                                                                 31.05-5
Posting placards containing instructions for launching and 
inflating inflatable liferafts
                                                                 35.10-9
Pressure-vacuum relief valve
                                                       30.10-55, 32.20-5
Prevention of oil pollution
                                                                35.01-40
Proof test of cargo gear as a unit
                                                                31.37-40
Protection for personnel
                                                                36.05-10
Pumprooms:
Electrical installations........................................32.60-20
Fire extinguishing systems for...................................34.05-5
Lighting........................................................32.60-20
Location of...........................................32.60-20, 32.65-20
Requirements for......................................32.70-15, 32.70-20
Ventilation............................................32.60-20, 36.20-5
Pumps, bilge
                                                       32.60-20, 36.20-5
Pumps, cargo
                                                                 32.52-1

                                 Q

Quarters, living
                                                      32.60-25, 32.65-25

                                 R

Radar
                                                                32.15-30
Radio room warning signs
                                                                 35.30-1
Recognized classification society, definition
                                                                30.10-57
Refrigerated systems
                                                                38.05-25
Registers regarding shipboard cargo gear
                                                 31.10-16, Subpart 31-37
Regulations:
Application of...................................................30.01-5
Authority vested in Commandant...................................30.01-1
Effective date..................................................30.01-15
Explanation of vessel description................................30.01-5
Governing alterations and repairs...............................30.01-10
Liquefied flammable gas..........................................Part 38
Scope of.........................................................36.01-1
Vapor control system.............................................Part 39
Reid vapor pressure, definition
                                                                30.10-59
Reinspection
                                                                31.10-17
Relief valves:
Cargo pump.......................................................36.10-1

[[Page 491]]

Cargo pump, testing of..........................................35.35-70
Cargo tanks.....................................................38.10-15
Repairs:
Application of regulations......................................30.01-10
Firefighting equipment..........................................35.01-35
Inspection before making.........................................35.01-1
Involving hot work...............................................35.01-1
Permit to proceed to another port...............................31.10-35
Reports of engineers
                                                                 35.25-5
Right of appeal
                                                                30.20-50
Rivers, definition
                                                                30.10-61
Rudder:
Indicators......................................................35.40-35

                                 S

Safety requirements:
Means of escape..................................................32.01-1
Safety relief valves for cargo tanks
                                                                38.10-15
Safety rules
                                                           Subpart 35.30
Safety valve seal, breaking of
                                                                35.25-20
Sailing directions
                                                                 35.20-1
Sanitary inspection by master and chief engineer
                                                                 35.01-5
Scantlings, material and workmanship
                                                        32.60-1, 32.65-5
Scuppers, closing of
                                                                35.35-10
Sea chests, examination of
                                                                31.10-20
Sea strainers, examination of
                                                                31.10-20
Sea valves, closing of
                                                                35.35-10
Segregation of spaces containing the emergency source of electric 
power
                                                                32.60-45
Shipboard cargo gear, certificates or registers
                                                 31.10-16, Subpart 31.37
Shipping papers required
                                                                35.01-10
Sleeping quarters
                                                           Subpart 32.40
Smoking safety rules
                                                                 35.30-5
Sounding machines
                                                                32.15-10
Spark arrester
                                                                30.10-63
Spark producing devices
                                                                35.30-35
Spray nozzles
                                                                34.10-10
Specifications, material
                                                           Subpart 31.30
Special operating requirements
                                                           Subpart 35.01
Special construction, arrangement, and other provisions for 
nuclear vessels
                                                                 Part 37
Special operating requirements for tank barges carrying certain 
dangerous bulk cargoes
                                                                35.01-50
Stability requirements
                                                                31.10-30
Station bills required
                                                                 35.10-1
Steam fire extinguishing systems, marking of
                                                                35.40-10
Steam, carrying of excess
                                                                35.25-15
Steam smothering system
                                                           Subpart 34.13
Steel hull tank vessels
                                     Subparts 32.70, 32.60, 32.63, 32.65
Steering apparatus on tank vessel
                                                                32.35-10
Steering gear, instruction for changing
                                                                35.40-30
Steering gear test
                                                                35.20-10
Steering orders, marking
                                                                35.40-35
Stowage of package and general cargo
                                                                35.35-55
Subdivision of cargo spaces
                                                       32.60-5, 32.65-10

[[Page 492]]

                                 T

Tank barge:
Carrying bulk cargoes having dangerous characteristics in addition 
to flammability and combustibility..............................35.01-50
Definition......................................................30.10-65
Watchman for....................................................35.05-15
Tankerman, definition
                                                                30.10-71
Tankship:
Definition......................................................30.10-67
Licensed officers and crew.......................................35.05-1
Tanks, portable-interpretive rulings
                                                                30.01-20
Tank vessel:
Definition......................................................30.10-69
Laid up or dismantled............................................31.01-1
Telegraph equipment, engine order
                                                           Subpart 32.30
Telephone equipment, sound powered
                                                           Subpart 32.30
Testing of firefighting equipment
                                                                31.10-19
Tide tables
                                                                 35.20-1
Toilet facilities
                                                                 32.40-1
Towing vessels
                                                      31.15-10, 35.35-45
Trial trip inspection
                                                                31.10-40

                                 U

Ullage holes, safety rules regarding
                                                                35.30-10

                                 V

Valves:
Back pressure check type................................38.10-1, 38.10-5
Excess flow.............................................38.10-1, 38.10-5
Liquefied flammable gas.................................38.10-1, 38.10-5
Pressure vacuum relief.................................30.10.55, 32.20.5
Relief.............................35.35-70, 38.10-1, 38.10-10, 38.10-15
Shutoff..........................................................38.10-1
Vapor balancing:
design of equipment..............................................39.40-3
general requirements.............................................39.40-1
operational requirements.........................................39.40-5
Vapor collection system
                                                                 39.20-1
Vapor control systems
                                                                 Part 39
Applicability....................................................39.10-1
Cargo gauging system.............................................39.20-3
Definitions......................................................39.10-3
Design and equipment.......................................Subpart 39.20
General requirements.......................................Subpart 39.10
Lightering and topping-off operations with vapor balancing.......Subpart 
                                                                   39.40
Operational requirements.........................................39.30-1
Operations.................................................Subpart 39.30
Personnel training..............................................39.10-11
Submission of vapor control system designs......................39.10-13
Tank barge and ship vapor overpressure and vacuum protection....39.20-11
Tank barge liquid overfill protection............................39.20-9
Tankship high and low vapor pressure protection.................39.20-13
Vessel vapor processing units
                                                                 39.10-9
Ventilation and venting:
Cargo tanks................................................Subpart 32.55
Cargo tanks, independent...................................Subpart 38.20

[[Page 493]]

Cofferdams.................................................Subpart 32.55
Flame screen.....................................................36.20-1
Hold spaces.....................................................32.55-15
Pumproom.........................................................36.20-5
Tank ships with a keel laying date on or after January 1, 1975 
                                                                32.55-50
Vessels coming alongside
                                                                35.35-42
Vessels converted to tank vessels
                                                                31.10-10
Vessel's name on equipment
                                                                35.40-40
Vessel's name
                                                      32.05-10, 32.05-15
Voice tubes
                                                                 32.30-1
Vinyl chloride, carriage of
                                                           Subpart 40.15

                                 W

Warning signals and signs
                                                                 35.30-1
Warning signs
                                                                 35.30-1
Washing facilities
                                                                 32.40-1
Watchman for tank barge
                                                                35.05-15
Water spray extinguishing systems, details
                                                           Subpart 34-25
Application......................................................34.25-1
Capacity and arrangement.........................................34.25-5
Controls........................................................34.25-10
Installations contracted for prior to January 1, 1964...........34.25-90
Piping..........................................................34.25-15
Spray nozzles...................................................34.25-20
Water spray systems, marking of
                                                                35.40-18
Waters, travel permitted on
                                                           Subpart 31.20
Welding repairs
                                                                 35.01-1
Whistles
                                                                 32.15-5
Whistle signals for drills
                                                                 35.10-5
Whistling, unnecessary
                                                                35.20-35
Wire rope
                                                      31.37-35, 31.37-50
Work vests:
Application of...................................................35.03-1
Approved unicellular plastic foam................................35.03-5
Shipboard inspection............................................35.03-20
Shipboard stowage...............................................35.03-15
Use.............................................................35.03-10
Workmanship, material, and scantlings
                                                       132.60-1, 32.65-5

[[Page 495]]



                              FINDING AIDS




  --------------------------------------------------------------------

  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

[[Page 497]]

            Material Approved for Incorporation by Reference

                     (Revised as of October 1, 1996)

  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.


46 CFR CHAPTER 1 (PARTS 1-40)

COAST GUARD, DEPARTMENT OF TRANSPORTATION


American Boat and Yacht Council, Inc.

  P.O. Box 747, 405 Headquarters Drive, Suite 3, Millersville, MD 21108-
  0747
Standard A-1-78 Marine LPG--Liquefied Petroleum 
  Gas Systems, December 15, 1978..................               25.45-2
Standard A-22-78 Marine CNG--Compressed Natural 
  Gas Systems, December 15, 1978..................               25.45-2
ABYC E-1-1972, Bonding of Direct Current Systems..                28.345
ABYC E-8-1985, Alternating Current (AC) Electrical 
  Systems on Boats................................                28.345
ABYC E-9-1981, Recommended Practices and Standards 
  Covering Direct Current (DC) Electrical Systems 
  on Boats........................................                28.345
ABYC H-2-1989, Ventilation of Boats Using Gasoline                28.340
ABYC H-25-1986, Portable Fuel Systems for 
  Flammable Liquids...............................                28.335
ABYC H-33-1989, Diesel Fuel Systems...............                28.335
ABYC P-1-1986, Installation of Exhaust Systems for 
  Propulsion and Auxiliary Engines................                28.380


American Bureau of Shipping

  45 Eisenhower Drive, Paramus, NJ 07652
Rules for Building and Classing Steel Vessels, 
  1989............................................   32.15; 32.60; 32.65


American National Standards Institute

  1430 Broadway, New York, NY 10018
ANSI B16.5-81 Steel Pipe Flanges and Flanged 
  Fittings........................................      39.10-5; 39.20-1


American Petroleum Institute (API)

  2101 L Street, NW., Washington, DC 20037
API Standard 2000, Venting Atmospheric and Low-
  Pressure Storage Tanks (Nonrefrigerated and 
  Refrigerated), Third Edition, January 1982, 
  Reaffirmed, December 1987.......................     39.10-5; 39.20-11


American Society for Nondestructive Testing (ASNT)

  P.O. Box 21142, Columbus, OH 43221
Recommended Practice No. SNT-TC-1A (1988), 
  Personnel Qualification and Certification in 
  Nondestructive Testing..........................         38.25-3(c)(2)


American Society for Testing and Materials

  1916 Race St., Philadelphia, PA 19103
ASTM D 93-80 Test for Flash Point by Pennsky-
  Martens Closed Tester...........................              35.25-10
ASTM D 323-79 Test for Vapor Pressure of Petroleum 
  Products (Reid Method)..........................    30.10-22; 30.10-59

[[Page 498]]

ASTM F 1014-86 Standard Specification for 
  Flashlights on Vessels..........................   33.15-10(j); 35.30-
                                                                20(c)(3)
ASTM F 1121-87 International Shore Connections for 
  Marine Fire Applications........................                 34.10
ASTM F 1271 Standard Specification for Spill 
  Values for Use in Marine Tank Liquid 
  Overpressive Protection Applications, December 
  29, 1989........................................      39.10-5; 39.20-9
ASTM F 1273-91 Tank Vent Flame Arresters..........                 32.20


American Society of Mechanical Engineers,

  United Engineering Center, 345 East 47th Street, New York, NY 10017
ASME Boiler and Pressure Vessel Code Section V, 
  Nondestructive Examination (1986)...............         38.25-3(a)(1)


Coast Guard

  Commandant [G-MVI], 2100 2nd St., SW., Washington, DC 20593
160.14 ``Compass and Mounting, dated Dec. 14, 
  1944'' (Specification for Compasses: Magnetic, 
  Liquid-filled, Mariners, Compensating, for Life 
  boats (with mounting) for Merchant Vessels.), 
  1944............................................              33.15-10


Naval Publications and Forms Center

  Customer Service Code 1052, 5801 Tabor Ave., Philadelphia, PA 19120
Federal Specification ZZ-H-451 Hose, Fire, Woven-
  Jacketed Rubber or Cambric-Lined, with 
  Couplings, F....................................              34.10-10


International Electrotechnical Commission (IEC)

  Bureau Central de la Commission Electrotechnique International, 1 rue 
  de Varembe', Geneva, Switzerland
IEC 309-1 Plugs, Socket-outlets and Couplers for 
  Industrial Purposes: Part 1, General 
  Requirements, 1979..............................      39.10-5; 39.20-9
IEC 309-2 Plugs, Socket-outlets, and Couplers for 
  Industrial Purposes: Part 2, Dimensional 
  Interchangeability Requirements for Pin and 
  Contact-tube Accessories, 1981..................      39.10-5; 39.20-9


International Maritime Organization (IMO) (formerly Inter-Governmental 
Maritime Organization)

  IMO Sales, New York Nautical Instrument and Service Corp., 140 W. 
  Broadway, New York, NY 10013
A.264 (VIII) Carriage of Grain, 1973..............              31.10-33
IMO Resolution A.658(16), Use and Fitting of 
  Retro-Reflective Materials on Life-Saving 
  Appliances, dated November 1989.................                28.135


National Electrical Manufacturers Association (NEMA)

  2101 L St., NW., Washington, DC 20036
ANSI/NEMA WD6 Wiring Devices-Dimensional 
  Requirements, 1988..............................      39.10-5; 39.20-9


National Fire Protection Association

  Batterymarch Park, Quincy, MA 02269
306 Control of Gas Hazards on Vessels, 1975.......               35.01-1
302-89 Fire Protection Standard for Motor Craft, 
  Pleasure and Commercial.........................                 25.45
NFPA 70 National Electrical Code, 1987............      39.10-5; 39.20-9
NFPA 70-1990, National Electrical Code............      28.350; 28.370; 
                                                           28.40; 28.865
NFPA 302-1989, Pleasure and Commercial Motor Craft      28.335; 28.340; 
                                                                  28.345
NFPA 17-1985, Dry Chemical Extinguishing Systems..                28.330
NFPA 17A-1986, Wet Chemical Extinguishing Systems.                28.330

[[Page 499]]

Oil Companies International Marine Forum (OCIMF)

  6th Floor, Portland House, Stag Place, London, SWIE 5BH, England
International Safety Code for Oil Tankers and 
  Terminals, Third Edition, 1988..................      39.10-5; 39.20-9


Society of Automotive Engineers

  485 Lexington Avenue, New York, New York 10017
SAE J1475-1984, Hydraulic Hose Fittings for Marine 
  Applications....................................         28.40; 28.880
SAE J1928-89, Devices Providing Backfire Flame 
  Control for Gasoline Engines in Marine 
  Applications....................................                 25.35
SAE J1942-1989, Hose and Hose Assemblies for 
  Marine Applications.............................                28.405


Underwriters Laboratories

  333 Pfingsten Rd., Northbrook, IL 60062
UL 19-78 Woven Jacketed, Rubber Lined Fire Hose...              34.10-10
UL 217-1985, Single and Multiple Station Smoke 
  Detectors....................................... 28.325; 28.40; 28.830
UL 710-1990, Exhaust Hoods for Commercial Cooking 
  Equipment.......................................                28.330
UL 1111-88 Marine Carburetor Flame Arresters......                 25.35


                                                                    Chap.

[[Page 501]]



                    Table of CFR Titles and Chapters



                   (Revised as of September 30, 1996)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                          Title 2--[Reserved]

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)
        II  Federal Claims Collection Standards (General 
                Accounting Office--Department of Justice) (Parts 
                100--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Advisory Committee on Federal Pay (Parts 1400--1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
       VII  Advisory Commission on Intergovernmental Relations 
                (Parts 1700--1799)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3202)
     XXIII  Department of Energy (Part 3301)

[[Page 502]]

      XXIV  Federal Energy Regulatory Commission (Part 3401)
      XXVI  Department of Defense (Part 3601)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
      LXIX  Tennessee Valley Authority (Part 7901)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                          Title 6--[Reserved]

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Consumer Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)

[[Page 503]]

      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy, Department of Agriculture (Parts 
                2900--2999)
       XXX  Office of Finance and Management, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  [Reserved]
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
     XXXIX  Economic Analysis Staff, Department of Agriculture 
                (Parts 3900--3999)
        XL  Economics Management Staff, Department of Agriculture 
                (Parts 4000--4099)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

[[Page 504]]

                    Title 8--Aliens and Nationality

         I  Immigration and Naturalization Service, Department of 
                Justice (Parts 1--499)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Meat and Poultry 
                Inspection, Department of Agriculture (Parts 300--
                399)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
        XI  United States Enrichment Corporation (Parts 1100--
                1199)
        XV  Office of the Federal Inspector for the Alaska Natural 
                Gas Transportation System (Parts 1500--1599)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Thrift Depositor Protection Oversight Board (Parts 
                1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700-1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

[[Page 505]]

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Export Administration, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

[[Page 506]]

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  United States Customs Service, Department of the 
                Treasury (Parts 1--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)

[[Page 507]]

        II  Agency for International Development, International 
                Development Cooperation Agency (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Information Agency (Parts 500--599)
        VI  United States Arms Control and Disarmament Agency 
                (Parts 600--699)
       VII  Overseas Private Investment Corporation, International 
                Development Cooperation Agency (Parts 700--799)
        IX  Foreign Service Grievance Board Regulations (Parts 
                900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Board for International Broadcasting (Parts 1300--
                1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)

[[Page 508]]

        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs and Section 202 Direct Loan Program) 
                (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--999)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3699)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Part 1001)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--799)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Bureau of Alcohol, Tobacco and Firearms, Department of 
                the Treasury (Parts 1--299)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--199)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)

[[Page 509]]

         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Programs, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Pension and Welfare Benefits Administration, 
                Department of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
        VI  Bureau of Mines, Department of the Interior (Parts 
                600--699)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)

[[Page 510]]

        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)
      XXIX  Presidential Commission on the Assignment of Women in 
                the Armed Forces (Part 2900)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)

[[Page 511]]

       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799)
        XI  National Institute for Literacy (Parts 1100-1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
       XIV  Assassination Records Review Board (Parts 1400-1499)

             Title 37--Patents, Trademarks, and Copyrights

         I  Patent and Trademark Office, Department of Commerce 
                (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

[[Page 512]]

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--799)
         V  Council on Environmental Quality (Parts 1500--1599)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans 
                Employment and Training, Department of Labor 
                (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       301  Travel Allowances (Parts 301-1--301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Parts 303-1--303-2)
       304  Payment from a Non-Federal Source for Travel Expenses 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Health Care Financing Administration, Department of 
                Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

[[Page 513]]

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services, 
                General Administration (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  ACTION (Parts 1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
      XXII  Christopher Columbus Quincentenary Jubilee Commission 
                (Parts 2200--2299)
     XXIII  Arctic Research Commission (Part 2301)

[[Page 514]]

      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Saint Lawrence Seaway Development Corporation (Great 
                Lakes Pilotage), Department of Transportation 
                (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  United States Information Agency (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)

[[Page 515]]

        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Part 
                5452)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department of Transportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Highway Administration, Department of 
                Transportation (Parts 300--399)
        IV  Coast Guard, Department of Transportation (Parts 400--
                499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)

[[Page 516]]

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Regulatory Agencies (Fishing and 
                Whaling) (Parts 300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            Acts Requiring Publication in the Federal Register
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR



[[Page 517]]





           Alphabetical List of Agencies Appearing in the CFR



                   (Revised as of September 30, 1996)

                                                  CFR Title, Subtitle or
                     Agency                               Chapter

ACTION                                            45, XII
Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Commission on Intergovernmental          5, VII
     Relations
Advisory Committee on Federal Pay                 5, IV
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Analysis Staff                         7, XXXIX
  Economic Research Service                       7, XXXVII
  Economics Management Staff                      7, XL
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Finance and Management, Office of               7, XXX
  Food and Consumer Service                       7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Alaska Natural Gas Transportation System, Office  10, XV
     of the Federal Inspector
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII

[[Page 518]]

American Battle Monuments Commission              36, IV
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Arms Control and Disarmament Agency, United       22, VI
     States
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Assassination Records Review Board                36, XIV
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Board for International Broadcasting              22, XIII
Census Bureau                                     15, I
Central Intelligence Agency                       32, XIX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Christopher Columbus Quincentenary Jubilee        45, XXII
     Commission
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Commerce Department                               44, IV
  Census Bureau                                   15, I`
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Export Administration, Bureau of                15, VII
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office                     37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Customs Service, United States                    19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51

[[Page 519]]

  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Defense Mapping Agency                          32, I
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Mapping Agency                            32, I
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Analysis Staff                           7, XXXIX
Economic Development Administration               13, III
Economics Management Staff                        7, XL
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Enrichment Corporation, United States             10, XI
Environmental Protection Agency                   5, LIV; 40, I
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                25, III, LXXVII; 48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export Administration, Bureau of                  15, VII
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV

[[Page 520]]

Farm Service Agency                               7, VII, XVIII
Farmers Home Administration                       7, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               4, II
Federal Communications Commission                 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II; 49, III
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Inspector for the Alaska Natural Gas      10, XV
     Transportation System, Office of
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Pay, Advisory Committee on                5, IV
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Property Management Regulations System    41, Subtitle C
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Finance and Management, Office of                 7, XXX
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Fishing and Whaling, International Regulatory     50, III
     Agencies
Food and Drug Administration                      21, I
Food and Consumer Service                         7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I, II
General Services Administration
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Property Management Regulations System  41, 101, 105

[[Page 521]]

  Federal Travel Regulation System                41, Subtitle F
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Travel Allowances                               41, 301
Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes Pilotage                              46, III
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Health Care Financing Administration            42, IV
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Health Care Financing Administration              42, IV
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Human Development Services, Office of             45, XIII
Immigration and Naturalization Service            8, I
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Information Agency, United States                 22, V
  Federal Acquisition Regulation                  48, 19
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Intergovernmental Relations, Advisory Commission  5, VII
     on
Interior Department
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
     Secretary
[[Page 522]]

  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  Mines, Bureau of                                30, VI
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, Agency for             22, II
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
  International Development, Agency for           22, II; 48, 7
  Overseas Private Investment Corporation         5, XXXIII; 22, VII
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Regulatory Agencies (Fishing and    50, III
     Whaling)
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                28, I
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             4, II
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration and Naturalization Service          8, I
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department
  Benefits Review Board                           20, VII
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Relations and Cooperative      29, II
       Programs, Bureau of
  Labor-Management Programs, Office of            29, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Pension and Welfare Benefits Administration     29, XXV
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training, Office of    41, 61; 20, IX
       the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Relations and Cooperative        29, II
     Programs, Bureau of
Labor-Management Programs, Office of              29, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II

[[Page 523]]

Management and Budget, Office of                  5, III, LXXVII; 48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Mines, Bureau of                                  30, VI
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National Archives and Records Administration      5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National and Community Service, Corporation for   45, XXV
National Council on Disability                    34, XII
National Credit Union Administration              12, VII
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office                       37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension and Welfare Benefits Administration       29, XXV

[[Page 524]]

Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Commission on the Assignment of      32, XXIX
     Women in the Armed Forces
Presidential Documents                            3
Prisons, Bureau of                                28, V
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV; 46, III
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Depositor Protection Oversight Board       12, XV
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Coast Guard                                     33, I; 46, I; 49, IV
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II; 49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II

[[Page 525]]

  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I
  Saint Lawrence Seaway Development Corporation   33, IV; 46, III
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
Transportation, Office of                         7, XXXIII
Travel Allowances                                 41, 301
Treasury Department                               5, XXI; 17, IV
  Alcohol, Tobacco and Firearms, Bureau of        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs Service, United States                  19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
United States Enrichment Corporation              10, XI
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training, Office of the  41, 61; 20, IX
     Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 527]]



List of CFR Sections Affected


All changes in this volume of the Code of Federal Regulations which were 
made by documents published in the Federal Register since January 1, 
1986, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
For the period before January 1, 1986, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, and 1973-1985'' published in seven 
separate volumes.

                                  1986

46 CFR
                                                                   51 FR
                                                                    Page
Chapter I
1  Authority citation revised; section authority citations removed
                                                                   22805
1.10  (b) and (c) revised..........................................22805
1.25  (a) revised..................................................22805
2  Authority citation revised; subpart and section authority 
        citations removed..........................................19340
2.01-3  Added......................................................19340
4  Heading and authority citation revised; section authority 
        citations removed..........................................19341
4.01-1  Revised....................................................19341
4.04-1--4.04-5 (Subpart 4.04)  Added...............................19341
5.64  Removed......................................................19341
10.07-9  (b), (e), and (g) revised; interim........................52330
    Confirmed......................................................10838
25  Authority citation revised; section authority citations 
        removed.....................................................4350
25.25-5  (f) added..................................................4350
35  Authority citation revised; section authority citations 
        removed.....................................................4350
35.03-5  Revised....................................................4350
35.03-25  Added.....................................................4350
    (a) introductory text and (1) corrected........................15497

                                  1987

46 CFR
                                                                   52 FR
                                                                    Page
Chapter I
1.05  (b) Note amended; interim....................................38623
4.03-35  Added.....................................................47534
4.03-45  Added.....................................................47534
4.03-50  Added.....................................................47534
4.03-55  Added.....................................................47534
4.05-10  Revised...................................................47534
4.05-12  Added.....................................................47534
4.05-35  Added.....................................................47534
5.201  Revised.....................................................47535
5.205  Added.......................................................47535
5.901  (d), (e) and (f) added......................................47535
10  Revised; interim; eff. in part 12-1-88.........................38623
10.103  Amended; interim; eff. 4-1-89..............................38666
10.201  (f)(1) revised; interim; eff. 4-1-89.......................38666
10.205  (f)(1) revised; interim; eff. 4-1-89.......................38666
10.468  Text added; interim; eff. 4-1-89...........................38667
10.470  Added; interim; eff. 4-1-89................................38668
10.540  Text added; interim; eff. 4-1-89...........................38668
10.701--10.713 (Subpart G)  Added; interim.........................38659
10.920  Text added; interim; eff. 4-1-89...........................38669
10.950  Table amended; interim; eff. 4-1-89........................38669

[[Page 528]]

15  Redesignated from Part 157 and revised; interim................38652
15.301  (b) (8), (9), and (10) added; interim; eff. 10-1-89........38670
15.520  Text added; interim; eff. 10-1-89..........................38670
26.08-1 (Subpart 26.08)  Text and authority citation revised.......47535
26.25-1--26.25-5 (Subpart 26.25)  Removed; interim.................38652
30  Authority citation revised; section authority citations 
        removed.....................................................7774
30.25-1  Revised....................................................7774
31  Authority citation revised; section authority citations 
        removed....................................................39649
31.10-20  Revised..................................................39649
31.10-21  Added....................................................39649
31.10-22  Added....................................................39651
31.10-24  Added....................................................39651
32  Authority citation revised; section authority citations 
        removed....................................................18362
32.01-10  (d) added................................................18362
    (d) corrected..................................................22751
32.15-15  Revised..................................................18362
    (a) and (d) corrected..........................................22751
32.15-20  Removed..................................................18362
32.15-25  Removed..................................................18362
32.40-1--32.40-90 (Subpart 32.40)  Revised.........................18362
32.40-1  (a) and (c) corrected.....................................22751
32.40-35  (d) corrected............................................22751
32.40-40  (c) and (l) corrected....................................22751
    (l) correctly designated.......................................23515
32.40-90  Corrected................................................22751
35.05-5  Removed; interim..........................................38652
35.05-10  Removed; interim.........................................38652
35.15-1 (Subpart 35.15)  Revised...................................47535

                                  1988

46 CFR
                                                                   53 FR
                                                                    Page
Chapter I
1.01  (b)(2) amended...............................................34533
1.05  (a) (1) and (2) amended......................................34533
2  Authority citation revised......................................7748,
                                                            36023, 37564
2.01-7  (a) table amended..........................................36023
    (a) table corrected............................................46871
2.45-20  (a) amended...............................................34533
2.75-1  (c) and (d) amended........................................34533
2.75-5  (a) amended................................................34533
2.75-10  (b) amended...............................................34533
2.75-15  (a) amended...............................................34533
2.75-17(d)(1) amended..............................................34533
2.75-60  Revised....................................................7748
3  Authority citation revised......................................37564
4  Authority citation revised......................................47077
4.03-2  Added......................................................47077
4.03-4  Added......................................................47077
4.03-5  Added......................................................47077
4.03-6  Added......................................................47077
4.03-7  Added......................................................47077
4.05-1  (e) revised................................................47077
4.05-20  Amended...................................................34533
4.06--4.06-60 (Subpart)  Added.....................................47078
5  Authority citation revised......................................37564
5.569  Table amended...............................................47079
6  Authority citation revised......................................37564
6.06  Heading, (a), (b) introductory text, and (d) amended.........34533
7  Authority citation revised......................................37564
9  Authority citation revised......................................37564
10  Authority citation revised; section authority citations 
        removed....................................................37564
10.103  Amended....................................................18562
    Technical correction...........................................21822
10.482  Added......................................................18562
    Technical correction...........................................21822
12  Authority citation revised; subpart and section authority 
        citations removed..........................................37564
14  Authority citation revised; subpart and section authority 
        citations removed..........................................37564
15  Authority citation revised; section authority citations 
        removed....................................................37565
15.301  (a) and (b) introductory text amended; (b)(8) added........18562
    Technical correction...........................................21822
15.410  Added......................................................18562
    Technical correction...........................................21822
16  Added..........................................................47079
16.105  Corrected..................................................48367
16.370  (a) and (c) corrected......................................48367
24  Authority citation revised; section authority citations 
        removed.............................................36023, 37565
24.01-10  Removed..................................................36023
24.05-1  (a) table amended.........................................36023
    (a) table corrected............................................46871
25  Authority citation revised.....................................31006
    Authority citation revised; subpart authority citations 
removed.....................................................36023, 37565

[[Page 529]]

25.26-1--25.26-5 (Subpart 25.26)  Added; eff. 10-3-88..............31006
25.45-1  Amended...................................................36023
26  Authority citation revised; section authority citations 
        removed....................................................37565
26.08-1 (Subpart 26.08)  Authority citation correctly revised......13117
26.08-1  Corrected.................................................13117
30  Authority citation revised....................................28972,
                                                            36023, 37565
30.01-2  (b) table amended (OMB numbers)...........................34297
30.01-5  (a)(1)(ii), (2)(ii) and (3)(iii) and (d) table amended....36023
    (d) table corrected............................................46871
30.01-25  (c) amended..............................................36024
30.10-35  Amended..................................................34533
30.25-1  Revised; interim..........................................28972
31  Authority citation revised; section authority citations 
        removed....................................................7748,
                                                            36024, 37565
    Authority citation revised.....................................32229
31.10-1  (b) amended...............................................34533
    (b) corrected..................................................37570
    (b) corrected..................................................44011
31.10-18  (b) table footnote 1 and (c) table footnote 1 revised.....7748
31.10-20  (a) and (d) amended......................................32229
31.10-21  (a) (1) and (2) amended; (b) through (f) redesignated as 
        (c) through (g); new (b) added; (a) introductory text, (1) 
        Table 31.10-21(a) and (2) Table 31.10-21(b), new (e) 
        introductory text, and new (f) revised.....................32230
    (a)(1) Tables 31.10-21(a) and 31.10-21(b) corrected............34872
31.10-24  Heading revised; (a) amended.............................32230
31.10-33  (a)(2) amended...........................................34533
32  Interpretation.................................................32050
    Authority citation revised.....................................37565
32.53-3  (a), (b), (d), and (e) amended............................34534
33  Authority citation revised; section authority citations 
        removed.............................................36024, 37565
33.01-3  Added.....................................................17703
33.15-10  (j) revised..............................................17704
34  Authority citation revised...............................7748, 37565
34.15-20  (i) revised...............................................7748
35  Authority citation revised....................................17704,
                                                            36024, 37565
35.01-3  Added.....................................................17704
35.01-45  (d) amended..............................................36024
35.12-5  (a) amended; (b) removed..................................27688
35.15-1  Heading and text corrected................................13117
35.20-1  (c) amended...............................................34534
35.30-20  (c)(3) revised...........................................17704
35.30-40  (a)(1) amended...........................................36024
36  Authority citation revised; section authority citations 
        removed....................................................37565
37  Authority citation revised; section authority citations 
        removed.............................................36024, 37565
38  Authority citation revised; section and subpart authority 
        citations removed...................................36024, 37565
38.01-1  (b) amended...............................................36024
40  Authority citation revised.....................................37565

                                  1989

46 CFR
                                                                   54 FR
                                                                    Page
Chapter I
1  Revised.........................................................50376
1.05  Regulation at 52 FR 38623 confirmed............................132
2.01-70  Revised...................................................50379
3.10-10  Added.....................................................50379
6.06  Heading, (a), (b) and (d) corrected...........................3038
10  Regulation at 52 FR 38623 confirmed; authority citation 
        revised......................................................132
10.103  Amended......................................................132
    Regulation at 53 FR 38666 effective date suspended..............8334
10.107  (b) (1) and (2) revised; (b) (3) through (5) removed.........133
10.201  Heading, (a), (b), (c), and (f) (1) and (2) revised..........133
    Regulation at 53 FR 38666 effective date suspended..............8334
10.202  Heading, (b), (d), (g), and (h) revised......................133
10.203  Table amended................................................133
10.204  Revised....................................................50379

[[Page 530]]

10.205  (c)(1)(ii), (d)(2) introductory text, and (4), (f) (1) and 
        (2), (h) introductory text, (1)(iii) and (2) (ii) and 
        (iii), and (i)(1) revised; (f)(4) and (h)(2)(iv) added.......133
    Regulation at 53 FR 38666 effective date suspended..............8334
10.207  (c)(5) amended...............................................134
10.209  (a) amended; (c)(2) removed; (c) (3) through (5) 
        redesignated as (c) (2) through (4); new (c)(4), (e)(3)(i) 
        (B) and (C), and (f) revised; (g) added......................134
10.211  (c) revised..................................................135
10.217  (a)(1) revised...............................................135
10.219  Revised......................................................135
10.304  (a) revised..................................................135
10.401  (d) and (g) introductory text revised; (h) added.............135
10.402  (a), (b), and (c)(3) revised; (d) added......................135
10.403  Figures 10.403-1 and 10.403-2 removed; Figure 10.403 added
                                                                     136
10.406  (b)(2) revised...............................................138
10.410  Heading and (a) introductory text revised; (c) removed.......138
10.412  Revised......................................................138
10.414  Revised......................................................138
10.416  Revised......................................................138
10.418  Revised......................................................138
10.420  Revised......................................................138
10.421  Added........................................................138
10.422  (b)(4) revised...............................................139
10.424  Revised......................................................139
10.426  Revised......................................................139
10.427  Redesignated from 10.428 and (a) (1) and (2) and (b) 
        revised......................................................139
10.428  Redesignated as 10.427 and (a) (1) and (2) and (b) 
        revised; new 10.428 redesignated from 10.429 and revised 
                                                                     138
10.429  Redesignated as 10.428 and revised; new 10.429 added.........139
10.430  Revised......................................................139
10.440  Removed......................................................140
10.442  Revised......................................................140
10.444  Revised......................................................140
10.446  Added........................................................140
10.448  Added........................................................140
10.452  Revised......................................................140
10.454  (a) and (d) revised..........................................140
10.455  Redesignated as 10.456; (b) revised; (d) added; new 10.455 
        added........................................................140
10.456  Redesignated as 10.457; new 10.456 redesignated from 
        10.455 and (b) revised and (d) added.........................141
10.457  Redesignated from 10.456.....................................141
10.459  Added........................................................141
10.460  Section and Figure removed...................................141
10.462  (b), (c), and (d) revised....................................141
10.464  (e) introductory text revised................................142
10.466  (a) revised; (c) through (g) redesignated as (e), (c), 
        (f), (g), and (h); new (d) and (g)(4) added..................142
10.468  Regulation at 53 FR 38668 effective date suspended..........8334
10.470  Regulation at 53 FR 38668 effective date suspended..........8334
10.480  (k) revised..................................................142
10.501  (b) introductory text revised................................142
10.502  (b) introductory text revised; (c) added.....................142
10.504  Redesignated as 10.505 and Figure 10.505 revised; new 
        10.504 added.................................................142
10.505  Redesignated from 10.504 and new Figure 10.505 revised.......142
10.540  Regulation at 53 FR 38668 effective date suspended..........8334
10.701--10.713 (Subpart G)  Addition at 52 FR 38659 confirmed........132
10.701  (d) revised..................................................144
10.703  (a) introductory text revised; (d) added.....................144
10.705  (b) revised..................................................144
10.805  (d) revised..................................................144
10.901  (c) removed..................................................144
10.903  (a) and (b)(2) revised.......................................144
10.905  Removed......................................................144
10.910  Tables 10.910-1 and 10.910-2 revised.........................144
10.920  Regulation at 52 FR 38669 effective date suspended..........8334
10.950  Table 10.950 revised.........................................147
    Regulation at 53 FR 38669 effective date suspended..............8334

[[Page 531]]

12.02-25  Revised..................................................50379
12.20-1  (c) revised.................................................149
15  Redesignation from Part 157 and revision at 52 FR 38652 
        confirmed....................................................132
    Authority citation revised.......................................149
15.301  (a) amended..................................................149
    Regulation at 52 FR 38670 effective date suspended..............8334
15.401  Revised......................................................149
15.501  (b) revised..................................................149
15.510  Revised....................................................50379
15.520  Regulation at 52 FR 38670 effective date suspended..........8334
15.801  Revised......................................................149
15.805  (a)(4) added.................................................149
15.810  (a) through (d) redesignated as (b) through (e); new (a) 
        added; new (b) introductory text and (d) revised.............149
15.901  Revised......................................................150
15.905  Revised......................................................150
15.910  (a) and (b) revised..........................................150
15.915  Revised......................................................150
16.205  (a) revised................................................26378
    (a) revised....................................................52944
16.207  (b) revised................................................53287
24.01-7  Added.....................................................50380
25  Authority citation revised.....................................18409
25.01-3  Added; interim.............................................6401
25.01-5  Added (OMB number); interim................................6401
25.26-1  (a) introductory text revised.............................14812
25.45-1--25.45-2 (Subpart 25.45)  Revised; interim..................6402
25.50-1 (Subpart 25.50)  Added; interim............................18409
26.25-1--26.25-5 (Subpart 26.25)  Removal at 52 FR 38652 confirmed
                                                                     132
30  Authority citation revised.....................................40009
30.10-71  Revised....................................................150
30.20-50  Revised..................................................50380
30.25-1  Regulation at 53 FR 28972 confirmed.......................12629
    Table 30.25-1 revised; interim.................................40009
31.15-1  (b) revised.................................................150
31.15-5  Revised.....................................................151
35.05-5  Removal at 52 FR 38652 confirmed............................132
35.05-10  Removal at 52 FR 38652 confirmed...........................132
35.35-1  (b) revised.................................................151
38.01-3  Added; interim............................................50962
38.25-1  (a) (1), (3), and (b) revised; (a) (4), (5), and (b) note 
        added; interim.............................................50962
38.25-3  Added; interim............................................50963

                                  1990

46 CFR
                                                                   55 FR
                                                                    Page
Chapter I
2.01-6  (a)(1), (3), (4), and (b)(1) revised.......................30659
2.01-7  (a) Table 2.01-7(a) footnote 6 revised.....................30659
2.01-8  (a) revised................................................30659
2.01-25  Heading, (a)(1) introductory text revised.................30659
10.103  Amended; interim...........................................14798
10.107  (b)(1) revised; interim....................................14799
10.201  (f)(1) revised; interim....................................14799
10.205  (f)(1) revised; interim....................................14799
10.468  Regulation at 54 FR 8334 withdrawn; added; interim.........14799
10.470  Regulation at 54 FR 8334 withdrawn; added; interim.........14799
10.472  Regulation at 54 FR 8334 withdrawn; added; interim.........14801
10.474  Regulation at 54 FR 8334 withdrawn; added; interim.........14801
10.476  Added; interim.............................................14802
10.540  Regulation at 54 FR 8334 withdrawn; added; interim.........14802
10.542  Added; interim.............................................14802
10.544  Added; interim.............................................14802
10.920  Regulation at 54 FR 8334 withdrawn; added; interim.........14802
10.950  Regulation at 54 FR 8334 withdrawn; Table 10.950 amended; 
        interim....................................................14804
15.301  Regulation at 54 FR 8334 withdrawn; (b)(8) through (10) 
        added; interim; eff. 1-1-91................................14805
15.520  Regulation at 54 FR 8334 withdrawn; revised; interim, eff. 
        1-1-91.....................................................14805
15.720  (a) revised; (b) redesignated as (d); new (b) and (c) 
        added; new (d) revised; interim.............................1212
15.810  (b)(2) through (4) redesignated (b)(3) through (5); (b)(1) 
        revised; and new (b)(2) added; interim, eff. 1-1-91........14805
16.205  (a) revised..................................................635
    (a) and (b) revised............................................40179

[[Page 532]]

24.05-1  (a) Table 24.05-1(a) footnote 6 revised...................30659
24.10-13  Revised..................................................30659
25.01-3  Revised....................................................3959
25.01-5  Regulation at 54 FR 6401 confirmed.........................3959
25.26-1  (a) introductory text revised; (c) added..................14920
25.45-1--25.45-2 (Subpart 25.45)  Regulation at 54 FR 6402 
        confirmed...................................................3959
25.45-2  (b) revised................................................3960
25.50-1 (Subpart 25.50)  Regulation at 54 FR 18409 confirmed.......35988
25.50-1  Revised............................................18583, 39968
30  Authority citation revised.....................................25446
30.01-2  (b) table amended (OMB numbers)...........................25446
30.01-5  (d) Table 30.01-5(d) footnote 6 and (e)(1) revised........30660
      (a) revised..................................................37408
30.01-6  (a) revised...............................................30660
30.25-1  Regulation at 54 FR 40009 confirmed; Table 30.25-1 
        amended....................................................17276
31.10-5  (a)(2) added..............................................32247
    Technical correction...........................................38441
31.37-1  (d) amended...............................................21550
31.37-5  (a) amended...............................................21550
31.40-1--31.40-45 (Subpart 31.40)  Heading revised.................30660
31.37-40  (a) and (c) amended......................................21550
31.40-45  (a) revised..............................................30660
32.16-1 (Subpart 32.16)  Added.....................................32247
    Technical correction...........................................38441
32.53-85  Existing text designated as (a); (b) added...............25446
33.15-10  (nn) revised.............................................30660
35.35-20  (m) added................................................25446
35.35-30  (c) added................................................25446
38  Technical correction...........................................43063
38.01-3  Regulation at 54 FR 50962 confirmed.......................41917
38.25-1  Regulation at 54 FR 50962 confirmed.......................41917
38.25-3  Regulation at 54 FR 50963 confirmed.......................41917
39  Added..........................................................25446
39.10-11  Heading and (b) corrected................................39270
39.10-13  Heading corrected........................................39270
39.30-1  Heading and (d)(2) corrected..............................39270
39.40-1  (e) corrected.............................................39270
39.40-5  (c) corrected.............................................39270

                                  1991

46 CFR
                                                                   56 FR
                                                                    Page
Chapter I
16  Technical correction...........................................41392
16.105  Amended....................................................31033
16.201  (c) and (d) revised........................................31034
16.205  Revised.............................................31034, 60930
16.207  (b) revised................................................18983
16.230  Revised....................................................31034
25.01-3  Revised...................................................35820
25.35-1  (c) revised; (d) and (e) removed..........................35820
25.50-1  Revised....................................................8880
28  Added..........................................................40393
28.30  (a) corrected...............................................49822
28.110  (b) table corrected........................................49822
28.115  Table corrected.....................................47679, 49822
28.120  (a) table and (c) table corrected..........................47679
    (h)(2)  corrected..............................................49822
28.135  (a) and table corrected....................................49822
28.140  Table corrected............................................49822
28.160  Table corrected............................................47679
28.375  (c)(6) corrected...........................................49822
28.380  (b) corrected..............................................49822
28.385  (b) corrected..............................................49822
28.410  Heading corrected..........................................49822
28.500  (a) corrected..............................................47679
28.550  (b)(1) and (2) corrected...................................47679
28.575  Corrected..................................................47679
28.580  Corrected..................................................47680
30.25-1  Table amended.............................................52134
30.25-3  Correctly added...........................................65006
32.01-1--32.01-15 (Subpart 32.01)  Redesignated as Subpart 32.02 
                                                                   35821
32.01-1  Redesignated as 32.02-1; new 32.01-1 (Subpart 32.01) 
        added......................................................35820
32.01-5  Redesignated as 32.02-5...................................35820
32.01-10  Redesignated as 32.02-10.................................35820
32.01-15  Redesignated as 32.02-15.................................35820
32.02-1--32.02-15 (Subpart 32.02)  Redesignated from Subpart 32.01
                                                                   32820
32.02-1  Redesignated from 32.01-1.................................35820
32.02-5  Redesignated from 32.01-5.................................35820
32.02-10  Redesignated from 32.01-10...............................35820
32.02-15  Redesignated from 32.01-15...............................35820
32.20-10  Revised..................................................35821

[[Page 533]]

34.01-1--34.01-10 (Subpart 34.01-1)  Heading revised...............35821
34.01-1  Heading revised...........................................35821
34.01-15  Added....................................................35821
34.10-15  (d) revised..............................................35821

                                  1992

46 CFR
                                                                   57 FR
                                                                    Page
Chapter I
10.504  Correctly added.............................................7326
16.207  (b) revised................................................31275
28.110  Table revised; interim.....................................34189
28.500  (b) revised..................................................364
28.580  (a) revised..................................................364
30  Note revised; interim..........................................36246
30.01-2  (b) revised (OMB numbers); eff. 12-10-92..................41821
30.01-5  Note added; interim.......................................36246
    Regulation at 57 FR 36246 comment period reopened..............60402
32.05-1  Heading and (a) revised; (b) and (c) redesignated as (c) 
        and (d); (b), (e), (f) and (g) added; eff. 12-10-92........41821
32.60-1--32.60-45 (Subpart 32.60)  Note added; interim.............36246
    Regulation at 57 FR 36246 comment period reopened..............60402
32.95-1 (Subpart 32.95)  Added; interim............................36246
    Regulation at 57 FR 36246 comment period reopened..............60402
35.07-10  (b)(4) through (9) redesignated as (b)(5) through (10); 
        new (b)(4) and (c)(4) added; eff. 12-10-92.................41821
35.20-7  Added; eff. 12-10-92......................................41821
35.30-20  (c)(1), (2) and (d) revised..............................48324
    (d) corrected..................................................56406
35.40-20  Revised..................................................48324

                                  1993

46 CFR
                                                                   58 FR
                                                                    Page
Chapter I
1  Technical correction............................................65131
1.03-15  (h)(1) revised............................................60265
1.03-45  Added.....................................................60265
4.06-50  (b) revised...............................................31107
10  Authority citation revised.....................................15237
10.103  Amended....................................................15237
10.109  Added......................................................15237
    (c)(4) correctly designated....................................15901
10.110  Added......................................................15237
10.111  Added......................................................15237
10.112  Added......................................................15238
10.205  (a) revised................................................15238
10.207  (a) revised................................................15238
10.209  (a) revised................................................15238
10.217  (a) revised................................................15238
10.219  Existing text redesignated as (a); (b) and (c) added.......15238
12  Authority citation revised.....................................15238
12.01-6  Added.....................................................15238
12.01-7  Amended...................................................15239
12.02-18  Added....................................................15239
12.02-23  (b) and (c) revised......................................15239
15  Authority citation revised.....................................13361
15.720  Regulation at 55 FR 1212 confirmed............................25
15.812  (a) introductory text revised; (f) added...................13361
16  Common preamble................................................68194
16.105  Amended....................................................31107
16.210  Revised....................................................31107
16.220  (b)(1) and (2) revised.....................................31107
16.350  Revised....................................................31107
16.360  (a) revised................................................31107
16.370  (a) and (b) revised........................................31107
16.500 (Subpart E)  Added..........................................68277
16  Appendix B added...............................................68279
25.26-1--25.26-60 (Subpart 25.26)  Revised.........................13367
25.26-5  (b)(3) and (c) corrected..................................27658
25.26-20  (a)(2) and (b)(3) corrected..............................27658
25.26-50  (a) corrected............................................27658
30  Authority citation revised.....................................52602
30.01-5  (e)(2) revised............................................52602
31  Authority citation revised.....................................52602
31.10-21a  Added...................................................52602
32  Authority citation revised.....................................52602
32.59  (Subpart) added.............................................52602
35.20-45  Introductory text revised................................27633

                                  1994

46 CFR
                                                                   59 FR
                                                                    Page
Chapter I
4  Authority citation revised......................................39471
4.05-1  Revised; interim...........................................39471
4.05-10  Revised; interim..........................................39471
10  Authority citation revised.....................................49297
10.103  Regulation at 55 FR 14798 confirmed........................10756

[[Page 534]]

10.107  Regulation at 55 FR 14799 confirmed........................10756
10.109  (d)(3) added; eff. 10-27-94................................49297
10.201  Regulation at 55 FR 14799 confirmed........................10756
10.202  Heading, (a), (b) and (c) revised; eff. 10-27-94...........49297
10.203  Revised; eff. 10-27-94.....................................49297
    Table corrected................................................50964
10.205  Regulation at 55 FR 14799 confirmed........................10756
10.209  Revised; eff. 10-27-94.....................................49299
10.305  Revised; interim...........................................53757
10.306  Added; interim.............................................53758
10.468  Regulation at 55 FR 14799 confirmed........................10756
10.470  Regulation at 55 FR 14799 confirmed........................10756
10.472  Regulation at 55 FR 14801 confirmed........................10756
10.474  Regulation at 55 FR 14801 confirmed........................10756
10.476  Regulation at 55 FR 14802 confirmed........................10756
10.480  Revised; interim...........................................53758
10.540  Regulation at 55 FR 14802 confirmed........................10756
10.542  Regulation at 55 FR 14802 confirmed; (c) added.............10756
10.544  Regulation at 55 FR 14802 confirmed; (c) added.............10756
10.805  (f) added; eff. 10-27-94...................................49300
10.811  Added; eff. 1-1-95.........................................49300
    Table corrected................................................50964
10.903  (b)(1), (2) and (3) redesignated as (b)(2), (3) and (4); 
        new (b)(1) added...........................................10756
10.920  Regulation at 55 FR 14802 confirmed........................10756
10.950  Regulation at 55 FR 14804 confirmed........................10756
12  Authority citation revised..............................28792, 49300
12.02-9  (e) added; eff. 10-27-94..................................49300
12.02-15  Revised; eff. 10-27-94...................................49300
12.02-17  (b) revised; eff. 10-27-94...............................49300
12.02-18  (a)(7) added; eff. 10-27-94..............................49301
12.02-27  Added; eff. 10-27-94.....................................49301
12.02-29  Added; eff. 1-1-95.......................................49302
12.25-5  Removed...................................................28792
15  Authority citation revised......................................4841
15.301  Amended; interim............................................4841
    Regulation at 55 FR 14805 confirmed............................10756
15.520  Regulation at 55 FR 14805 confirmed........................10756
15.810  Regulation at 55 FR 14805 confirmed........................10756
15.812  Revised; interim............................................4842
15.815  (c) added; interim.........................................53759
16.105  Amended....................................................28792
    Amended........................................................62226
16.205  (d) removed................................................62226
16.207  (b) revised................................................65501
16.210  (a) revised................................................28792
16.230  (c) and (e) revised; (f) redesignated as (k); new (f) and 
        (g) through (j) added......................................62227
30.25-1  Table revised.............................................17005
    Table amended...........................................45135, 45136
35.01-60  Added....................................................16779
38  Authority citation revised.....................................39966
38.01-2  (a)(9)(i) revised.........................................39966
40.01-1  Amended...................................................17011
40.01-5  Removed...................................................17011
40.15-1  (a)(3) and (e) amended....................................17011

                                  1995

46 CFR
                                                                   60 FR
                                                                    Page
Chapter I
1.01-10  (b)(1) revised............................................50458
    (b)(1)(ii)(C) corrected; eff. 10-19-95.........................54106
    (b)(1) corrected; eff. 10-19-95................................54106
    (b)(1)(ii)(B) corrected; eff. 10-19-95.........................54106
    (b)(1) introductory text, (ii)(B) and (C) corrected............54106
2  Authority citation revised......................................13563
2.01-1  (b) revised................................................13563
2.01-6  Heading revised; (a)(2) redesignated as (a)(2)(i); 
        (a)(2)(ii) added...........................................13563
2.10-1--2.10-135 (Subpart 2.10)  Added.............................13563
2.10-10  Amended...................................................50459
2.10-20  (e) amended...............................................50459
2.10-105  (b) amended..............................................50459
2.10-115  (b) amended..............................................50459
2.45-20  (a) amended...............................................50459
2.75-1  (d) and (f) amended........................................50459
2.75-10  (b) amended...............................................50459
2.75-15  (a) amended...............................................50459
2.75-17  (c)(2) revised; (d)(1) amended............................50459

[[Page 535]]

5.703  (c) amended.................................................50459
6.06  (b) and (d) amended..........................................50459
10  Authority citation revised...............................4524, 65483
10.103  Amended..............................................4524, 65483
10.112  (b) amended................................................50460
10.201  (a) revised.................................................4524
    (b) revised; (h), (i) and (j) added............................65484
10.202  Heading revised; (i) added..................................4524
10.205  (j) added...................................................4524
    (f)(2) revised; (d) added......................................65486
10.207  (g) added...................................................4524
    (h) and (i) added..............................................65486
10.209  (g)(1) revised; (h) added...................................4525
    (i) and (j) added..............................................65486
10.302  (a) amended................................................50460
10.303  (e) amended................................................50460
10.304  (a) amended................................................50460
10.307  Amended....................................................50460
10.464  (d)(2) amended.............................................50460
10.470  (b)(1)(ii), (d)(1)(ii) and (h)(1)(ii) amended..............50460
10.472  (a)(1)(ii) amended.........................................50460
10.474  (a)(1)(ii) amended.........................................50460
10.516  (a)(6) amended.............................................50460
10.544  (a)(3) amended.............................................50460
10.703  (c) amended................................................50460
10.805  (g) added...................................................4525
12  Authority citation revised........................4525, 17142, 65487
12.01-5  (d) removed; interim; eff. 3-31-96........................17142
12.01-6  Amended....................................................4525
    Amended........................................................65487
12.02-3  (b)(3) amended............................................50460
12.02-4  (c) added..................................................4525
    (a) and (b) amended............................................50460
    (a) revised; (b) removed; (c) redesignated as (b); new (c), 
(d) and (e) added..................................................65487
12.02-9  (f) added..................................................4525
    (g) and (h) added..............................................65489
12.02-13  (b) amended..............................................50460
12.02-14  (c) amended..............................................50460
12.02-21  (b) amended..............................................50460
12.02-24  Amended..................................................50460
12.02-27  (g)(1) revised............................................4525
12.05-7  Introductory text, (b) introductory text and (2)..........50460
12.10-3  (a)(2), (5) and (6) amended...............................50460
12.15-7  (b) amended...............................................50460
12.15-13  (a)(4) amended...........................................50460
12.15-15  (a)(4) amended...........................................50460
12.20-1--12.20-5 (Subpart 12.20)  Removed; interim; eff. 3-31-96 
                                                                   17142
12.25-35  (a) amended..............................................50460
12.25-40  Amended..................................................50460
13  Added; interim; eff. 3-31-96...................................17142
14.01-3  Amended...................................................50460
14.20-15  (d) amended..............................................50460
15  Authority citation revised.....................................24796
15.301  (a) amended and (c) revised; (d) added; interim; eff. 3-
        31-96......................................................17154
    Regulation at 59 FR 4841 confirmed; (a) amended................20652
15.812  Regulation at 59 FR 4842 confirmed; (a)(1) and (e) revised
                                                                   20652
    (f) added......................................................20653
15.815  (c) revised; interim........................................8309
15.860  Added; interim; eff. 3-31-96...............................17154
15.1001--15.1040 (Subpart I)  Added................................24796
16.105  Amended.....................................................4525
16.205  (g) amended................................................50461
    Corrected; eff. 10-19-95.......................................54106
16.207  (b) revised................................................67063
16.220  Revised.....................................................4525
16.260  (b)(1) revised..............................................4526
16.500  (a) and (c) amended........................................50461
    Corrected; eff. 10-19-95.......................................54106
25  Authority citation revised...............................2485, 48048
25.01-3  (a) and (b) amended.......................................50461
    Corrected; eff. 10-19-95.......................................54106
25.25-5  (f) revised................................................2485
25.40-1  (c) removed; (d) and (e) redesignated as (c) and (d)......48048
    Regulation at 60 FR 48048 eff. date corrected to 10-1-95.......50120
25.45-1  (a) amended...............................................50461
25.45-2  (a) amended...............................................50461
28  Authority citation revised.....................................48048
28.40  (a) amended.................................................50461
    (b) revised....................................................54444
28.50  Amended.....................................................54444
28.110  (a) amended................................................48048
    Regulation at 60 FR 48048 eff. date corrected to 10-1-95.......50120
28.115  (a) amended................................................48048
    Regulation at 60 FR 48048 eff. date corrected to 10-1-95.......50120

[[Page 536]]

28.135  (a) amended................................................48048
    Regulation at 60 FR 48048 eff. date corrected to 10-1-95.......50120
28.145  Amended....................................................48048
    Regulation at 60 FR 48048 eff. date corrected to 10-1-95.......50120
28.200--28.270 (Subpart C)  Heading revised........................54444
28.200  Revised....................................................54444
28.210  (c), (d) and (e) revised...................................48048
    Regulation at 60 FR 48048 eff. date corrected to 10-1-95.......50120
28.240  (a) amended................................................48048
    Regulation at 60 FR 48048 eff. date corrected to 10-1-95.......50120
28.270  (c) revised................................................48048
    Regulation at 60 FR 48048 eff. date corrected to 10-1-95.......50120
28.575  Table amended..............................................50461
28.800--28.905 (Subpart G)  Added..................................54444
30  Regulation at 57 FR 36246 confirmed............................13324
    Authority citation revised.......................34042, 34045, 48049
30.01-5  Regulation at 57 FR 36246 confirmed.......................13324
30.01-25  Removed..................................................48049
    Regulation at 60 FR 48049 eff. date corrected to 10-1-95.......50120
30.10-44  Removed..................................................48049
    Regulation at 60 FR 48049 eff. date corrected to 10-1-95.......50120
30.10-71  Revised; interim; eff. 3-31-96...........................17155
30.25-1  Table amended......................................34042, 34045
    Table 1 corrected..............................................39267
30.30-5  (a) amended...............................................50461
30.30-7  Amended...................................................50461
31  Authority citation revised..............................17155, 48049
31.01-5  (a) amended; (b) removed..................................48049
31.01-15  Regulation at 60 FR 48049 eff. date corrected to 10-1-95
                                                                   50120
31.05-10  (a) revised; (b) amended.................................48049
    Regulation at 60 FR 48049 eff. date corrected to 10-1-95.......50120
31.10-1  (b) amended...............................................50461
31.10-5  Regulation at 60 FR 48049 eff. date corrected to 10-1-95 
                                                                   50120
31.10-15  (c) removed..............................................48049
31.10-21  (e)(1), (3) and (g) amended..............................50461
    Corrected; eff. 10-19-95.......................................54106
31.10-33  (a)(1) and (2) amended...................................50461
31.15-1  Revised; interim; eff. 3-31-96............................17155
31.40-1  Revised...................................................48049
    Regulation at 60 FR 48049 eff. date corrected to 10-1-95.......50120
31.40-30  Removed..................................................48049
    Regulation at 60 FR 48049 eff. date corrected to 10-1-95.......50120
31.40-40  (e) removed; (f) redesignated as (e).....................48049
    Regulation at 60 FR 48049 eff. date corrected to 10-1-95.......50120
32.01-1  (a) and (b) amended.......................................50461
32.53-3  (b) amended...............................................50461
32.60-1--32.60-45 (Subpart 32.60)  Regulation at 57 FR 36246 
        confirmed..................................................13324
32.95-1 (Subpart 32.95)  Regulation at 57 FR 36246 confirmed.......13324
33.01-3  (a) amended...............................................50461
34.01-15  (a) amended..............................................50461
35  Authority citation revised..............................17155, 48049
35.01-1  (a) amended...............................................50462
35.01-30  Removed..................................................48049
    Regulation at 60 FR 48049 eff. date corrected to 10-1-95.......50120
35.05-15  Heading and (b)(1) revised; interim; eff. 3-31-96........17155
35.30-5  (c) removed; (d) and (e) redesignated as (c) and (d)......48049
    Regulation at 60 FR 48049 eff. date corrected to 10-1-95.......50120
35.35-1  Revised; interim; eff. 3-31-96............................17155
35.35-10  Revised; interim; eff. 3-31-96...........................17156
35.35-15  (b) revised; interim; eff. 3-31-96.......................17156
35.35-20  Heading and introductory text revised; interim; eff. 3-
        31-96......................................................17156
35.35-25  Revised; interim; eff. 3-31-96...........................17156
35.35-30  (a) and (b) amended; interim; eff. 3-31-96...............17156
35.35-35  Revised; interim; eff. 3-31-96...........................17156
35.35-42  Revised; interim; eff. 3-31-96...........................17156

[[Page 537]]

35.35-55  (a) revised; interim; eff. 3-31-96.......................17157
37  Removed........................................................48049
    Regulation at 60 FR 48049 eff. date corrected to 10-1-95.......50120
39.10-1  (b) amended...............................................50462
39.10-5  (a) and (b) amended.......................................50462
39.10-9  Amended...................................................50462
39.20-1  (a)(1) amended............................................50462
39.20-9  (d) amended...............................................50462
39.40-1  (b), (c) and (e) amended..................................50462
40  Removed........................................................48049
    Regulation at 60 FR 48049 eff. date corrected to 10-1-95.......50120

                                  1996

  (Regulations published from January 1, 1996, through October 1, 1996)

46 CFR
                                                                   61 FR
                                                                    Page
Chapter I
1.01-10  (b)(1) revised............................................50724
1.01-25  (b) amended...............................................50725
1.03-15  (g), (h) and (j) revised..................................50725
2  Authority citation revised......................................13927
2.10-10  Amended...................................................50725
2.10-20  (e) amended...............................................50725
2.10-105  (b) amended..............................................50725
2.10-115  (b) amended..............................................50725
2.45-20  (a) amended...............................................50725
2.75-1  (f) revised................................................13927
    (c) and (d) amended............................................50725
2.75-5  (a) amended................................................50725
2.75-10  (b) amended...............................................50725
2.75-15  (a) amended...............................................50725
2.75-17  Removed...................................................13927
    (d)(1) amended.................................................50725
2.75-18  Removed...................................................13927
2.75-19  Removed...................................................13927
2.75-20  Removed.........................