[Title 33 CFR 175]
[Code of Federal Regulations (annual edition) - July 1, 2005 Edition]
[Title 33 - NAVIGATION AND NAVIGABLE WATERS]
[Chapter I - COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)]
[Subchapter S - BOATING SAFETY]
[Part 175 - EQUIPMENT REQUIREMENTS]
[From the U.S. Government Printing Office]
33NAVIGATION AND NAVIGABLE WATERS22005-07-012005-07-01falseEQUIPMENT REQUIREMENTS175PART 175NAVIGATION AND NAVIGABLE WATERSCOAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)BOATING SAFETY
PART 175_EQUIPMENT REQUIREMENTS--Table of Contents
Subpart A_General
Sec.
175.1 Applicability.
175.3 Definitions.
175.5 Exemption from preemption.
Subpart B_Personal Flotation Devices
175.11 Applicability.
175.13 Definitions.
175.15 Personal flotation devices required.
175.17 Exemptions.
175.19 Stowage.
175.21 Condition; size and fit; approval marking.
175.23 Serviceable conditions.
175.25 Enforcement of State requirements for children to wear personal
flotation devices.
Subpart C_Visual Distress Signals
175.101 Applicability.
175.105 Definitions.
175.110 Visual distress signals required.
[[Page 847]]
175.113 Launchers.
175.115 Exceptions.
175.120 Stowage.
175.125 Serviceability.
175.128 Marking.
175.130 Visual distress signals accepted.
175.135 Existing equipment.
175.140 Prohibited use.
Subpart D_Ventilation
175.201 Ventilation.
Authority: 46 U.S.C. 4302; Department of Homeland Security
Delegation No. 0170.1.
Source: CGD 72-120R, 38 FR 8115, Mar. 28, 1973, unless otherwise
noted.
Subpart A_General
Sec. 175.1 Applicability.
This part prescribes rules governing the use of boats on waters
subject to the jurisdiction of the United States and on the high seas
beyond the territorial seas for boats owned in the United States except:
(a) Foreign boats temporarily using waters subject to U.S.
jurisdiction;
(b) Military or public boats of the United States, except
recreational-type public vessels;
(c) A boat whose owner is a State or subdivision thereof, which is
used principally for governmental purposes, and which is clearly
identifiable as such;
(d) Ship's lifeboats.
(e) Seaplanes on the water.
[CGD 72-120R, 38 FR 8115, Mar. 28, 1973, as amended by CGD 92-045, 58 FR
41607, Aug. 4, 1993]
Sec. 175.3 Definitions.
As used in this part:
Boat means any vessel--
(1) Manufactured or used primarily for noncommercial use;
(2) Leased, rented, or chartered to another for the latter's
noncommercial use; or
(3) Operated as an uninspected passenger vessel subject to the
requirements of 46 CFR chapter I, subchapter C.
Passenger means an individual carried on a vessel except--
(1) The owner or an individual representative of the owner or, in
the case of a vessel chartered without a crew, an individual charterer,
or an individual representative of the charterer;
(2) The master or operator of a recreational vessel; or
(3) A member of the crew engaged in the business of the vessel, who
has not contributed consideration for carriage, and who is paid for
onboard services.
Racing shell, rowing scull, racing canoe, and racing kayak means a
manually propelled vessel that is recognized by national or
international racing associations for use in competitive racing and one
in which all occupants row, scull, or paddle, with the exception of a
coxswain, if one is provided, and is not designed to carry and does not
carry any equipment not solely for competitive racing.
Recreational vessel means any vessel being manufactured or operated
primarily for pleasure, or leased, rented, or chartered to another for
the latter's pleasure. It does not include a vessel engaged in the
carriage of passengers-for-hire as defined in 46 CFR chapter I,
subchapter C, or in other subchapters of this title.
Sailboard means a sail propelled vessel with no freeboard and
equipped with a swivel mounted mast not secured to a hull by guys or
stays.
State means a State or Territory of the United States of America,
whether a State of the United States, American Samoa, the Commonwealth
of the Northern Marianas Islands, the District of Columbia, Guam, Puerto
Rico, or the United States Virgin Islands.
Use means operate, navigate, or employ.
Vessel includes every description of watercraft used or capable of
being used as a means of transportation on the water.
[CGD 92-045, 58 FR 41607, Aug. 4, 1993, as amended by USCG-1999-5040, 67
FR 34759, May 15, 2002; USCG-2000-8589, 67 FR 42493, June 24, 2002]
Sec. 175.5 Exemption from preemption.
The States are exempted from preemption by Federal regulations when
establishing, continuing in effect, or enforcing State laws and
regulations on the wearing or the carriage of personal flotation devices
directly related to the following subject areas within the
jurisdictional boundaries of the State:
(a) Children on board any vessel;
[[Page 848]]
(b) Operating a canoe or kayak;
(c) Operating a sailboard; and
(d) Operating a personal watercraft.
[CGD 92-045, 58 FR 41608, Aug. 4, 1993]
Subpart B_Personal Flotation Devices
Sec. 175.11 Applicability.
This subpart applies to all recreational vessels that are propelled
or controlled by machinery, sails, oars, paddles, poles, or another
vessel.
[CGD 92-045, 58 FR 41608, Aug. 4, 1993]
Sec. 175.13 Definitions.
As used in this subpart:
(a) ``Personal flotation device'' means a device that is approved by
the Commandant under 46 CFR Part 160.
(b) ``PFD'' means ``personal flotation device''.
Sec. 175.15 Personal flotation devices required.
Except as provided in Sec. 175.17 and 175.25:
(a) No person may use a recreational vessel unless at least one PFD
of the following types is on board for each person:
(1) Type I PFD;
(2) Type II PFD; or
(3) Type III PFD.
(b) No person may use a recreational vessel 16 feet or more in
length unless one Type IV PFD is on board in addition to the total
number of PFDs required in paragraph (a) of this section.
(c) No person may operate a recreational vessel under way with any
child under 13 years old aboard unless each such child is either--
(1) Wearing an appropriate PFD approved by the Coast Guard; or
(2) Below decks or in an enclosed cabin.
[CGD 81-023, 55 FR 32034, Aug. 6, 1990, as amended by CGD 92-045, 58 FR
41608, Aug. 4, 1993; USCG-2000-8589, 67 FR 42493, June 24, 2002]
Sec. 175.17 Exemptions.
(a) A Type V PFD may be carried in lieu of any PFD required under
Sec. 175.15, provided:
(1) The approval label on the Type V PFD indicates that the device
is approved:
(i) For the activity in which the vessel is being used; or
(ii) As a substitute for a PFD of the Type required on the vessel in
use;
(2) The PFD is used in accordance with any requirements on the
approval label; and
(3) The PFD is used in accordance with requirements in its owner's
manual, if the approval label makes reference to such a manual.
(b) Canoes and kayaks 16 feet in length and over are exempted from
the requirements for carriage of the additional Type IV PFD required
under Sec. 175.15(b).
(c) Racing shells, rowing sculls, racing canoes and racing kayaks
are exempted from the requirements for carriage of any Type PFD required
under Sec. 175.15.
(d) Sailboards are exempted from the requirements for carriage of
any Type PFD required under Sec. 175.15.
(e) Vessels of the United States used by foreign competitors while
practicing for or racing in competition are exempted from the carriage
of any PFD required under Sec. 175.15, provided the vessel carries one
of the sponsoring foreign country's acceptable flotation devices for
each foreign competitor on board.
[CGD 92-045, 58 FR 41608, Aug. 4, 1993; 58 FR 51576, Oct. 4, 1993, as
amended by CGD 97-023, 62 FR 33365, June 19, 1997; USCG-1998-3799, 63 FR
35533, June 30, 1998]
Sec. 175.19 Stowage.
(a) No person may use a recreational boat unless each Type I, II, or
III PFD required by Sec. 175.15 of this part, or equivalent type
allowed by Sec. 175.17 of this part, is readily accessible.
(b) No person may use a recreational boat unless each Type IV PFD
required by Sec. 175.15 of this part, or equivalent type allowed by
Sec. 175.17 of this part, is immediately available.
[CGD 81-023, 55 FR 32034, Aug. 6, 1990]
Sec. 175.21 Condition; size and fit; approval marking.
No person may use a recreational boat unless each PFD required by
[[Page 849]]
Sec. 175.15 of this part or allowed by Sec. 175.17 of this part is:
(a) In serviceable condition as provided in Sec. 175.23;
(b) Of an appropriate size and fit for the intended wearer, as
marked on the approval label; and
(c) Legibly marked with its approval number, as specified in 46 CFR
part 160.
[CGD 81-023, 55 FR 32034, Aug. 6, 1990, as amended by CGD93-055, 61 FR
13926, Mar. 28, 1996]
Sec. 175.23 Serviceable condition.
A PFD is considered to be in serviceable condition for purposes of
Sec. 175.21(a) only if the following conditions are met:
(a) No PFD may exhibit deterioration that could diminish the
performance of the PFD, including--
(1) Metal or plastic hardware used to secure the PFD on the wearer
that is broken, deformed, or weakened by corrosion;
(2) Webbings or straps used to secure the PFD on the wearer that are
ripped, torn, or which have become separated from an attachment point on
the PFD; or
(3) Any other rotted or deteriorated structural component that fails
when tugged.
(b) In addition to meeting the requirements of paragraph (a) of this
section, no inherently buoyant PFD, including the inherently buoyant
components of a hybrid inflatable PFD, may exhibit--
(1) Rips, tears, or open seams in fabric or coatings, that are large
enough to allow the loss of buoyant material;
(2) Buoyant material that has become hardened, non-resilient,
permanently compressed, waterlogged, oil-soaked, or which shows evidence
of fungus or mildew; or
(3) Loss of buoyant material or buoyant material that is not
securely held in position.
(c) In addition to meeting the requirements of paragraph (a) of this
section, an inflatable PFD, including the inflatable components of a
hybrid inflatable PFD, must be equipped with--
(1) Except as provided in paragraph (d) of this section, a properly
armed inflation mechanism, complete with a full inflation medium
cartridge and all status indicators showing that the inflation mechanism
is properly armed;
(2) Inflatable chambers that are all capable of holding air;
(3) Oral inflation tubes that are not blocked, detached, or broken;
(4) A manual inflation lanyard or lever that is not inaccessible,
broken, or missing; and
(5) Inflator status indicators that are not broken or otherwise non-
functional.
(d) The inflation system of an inflatable PFD need not be armed when
the PFD is worn inflated and otherwise meets the requirements of
paragraphs (a) and (c) of this section.
[CGD 93-055, 61 FR 13926, Mar. 28, 1996]
Sec. 175.25 Enforcement of State requirements for children to wear
personal flotation devices.
(a) This section applies to operators of recreational vessels on
waters subject to the jurisdiction of any State that has established by
statute a requirement for children of a certain age to wear an
appropriate PFD approved by the Coast Guard, while aboard a recreational
vessel.
(b) If the applicable State statute establishes any requirement for
children of a certain age to wear an appropriate PFD approved by the
Coast Guard, then that requirement applies on the waters subject to the
State's jurisdiction instead of the requirement provided in Sec.
175.15(c) of this part.
[USCG-2000-8589, 69 FR 45591, July 30, 2004]
Subpart C_Visual Distress Signals
Source: CGD 76-183, 44 FR 73024, Dec. 17, 1979, unless otherwise
noted.
Sec. 175.101 Applicability.
This subpart applies to boats on the coastal waters of the United
States and on the high seas beyond the territorial seas for boats owned
in the United States.
[CGD 76-183, 44 FR 73024, Dec. 17, 1979, as amended by USCG-1998-3799,
63 FR 35534, June 30, 1998]
[[Page 850]]
Sec. 175.105 Definitions.
(a) Visual distress signal means a device that is approved by the
Commandant under 46 CFR Part 160 or certified by the manufacturer under
46 CFR Parts 160 and 161.
(b) Coastal waters means:
(1) The U.S. waters of the Great Lakes (Lake Erie, Huron, Michigan,
Ontario, and Superior);
(2) The territorial seas of the United States; and
(3) Those waters directly connected to the Great Lakes and
territorial seas (i.e., bays, sounds, harbors, rivers, inlets, etc.)
where any entrance exceeds 2 nautical miles between opposite shorelines
to the first point where the largest distance between shorelines narrows
to 2 miles, as shown on the current edition of the appropriate National
Ocean Service chart used for navigation. Shorelines of islands or points
of land present within a waterway are considered when determining the
distance between opposite shorelines.
[CGD 76-183, 44 FR 73024, Dec. 17, 1979, as amended by CGD 82-073, 49 FR
7119, Feb. 27, 1984; 49 FR 20815, May 17, 1984]
Sec. 175.110 Visual distress signals required.
(a) No person may use a boat 16 feet or more in length, or any boat
operating as an uninspected passenger vessel subject to the requirements
of 46 CFR chapter I, subchapter C, unless visual distress signals
selected from the list in Sec. 175.130 or the alternatives in Sec.
175.135, in the number required, are onboard. Devices suitable for day
use and devices suitable for night use, or devices suitable for both day
and night use, must be carried.
(b) Between sunset and sunrise, no person may use a boat less than
16 feet in length unless visual distress signals suitable for night use,
selected from the list in Sec. 175.130 or Sec. 175.135, in the number
required, are on board.
[CGD 76-183, 44 FR 73024, Dec. 17, 1979, as amended by USCG-1999-5040,
67 FR 34760, May 15, 2002]
Sec. 175.113 Launchers.
(a) When a visual distress signal carried to meet the requirements
of Sec. 175.110 requires a launcher to activate, then a launcher
approved under 46 CFR 160.028 must also be carried.
Sec. 175.115 Exceptions.
The following persons need not comply with Sec. 175.110; however,
each must carry on board visual distress signals suitable for night use,
selected from the list in Sec. 175.130 or Sec. 175.135, in the number
required, between sunset and sunrise:
(a) A person competing in any organized marine parade, regatta,
race, or similar event;
(b) A person using a manually propelled boat; or
(c) A person using a sailboat of completely open construction, not
equipped with propulsion machinery, under 26[min] in length.
Sec. 175.120 Stowage.
No person may use a boat unless the visual distress signals required
by Sec. 175.110 are readily accessible.
[CGD 93-055, 61 FR 13926, Mar. 28, 1996, as amended by USCG-1999-5832,
64 FR 34715, June 29, 1999]
Sec. 175.125 Serviceability.
No person may use a boat unless each signal required by Sec.
175.110 is in serviceable condition and the service life of the signal,
if indicated by a date marked on the signal, has not expired.
[CGD 93-055, 61 FR 13926, Mar. 28, 1996, as amended by USCG-1999-5832,
64 FR 34715, June 29, 1999]
Sec. 175.128 Marking.
No person may use a boat unless each signal required by Sec.
175.110 is legibly marked with the approval number or certification
statement as specified in 46 CFR Parts 160 and 161.
[CGD 93-055, 61 FR 13926, Mar. 28, 1996, as amended by USCG-1999-5832,
64 FR 34715, June 29, 1999]
Sec. 175.130 Visual distress signals accepted.
(a) Any of the following signals, when carried in the number
required, can be used to meet the requirements of Sec. 175.110:
(1) An electric distress light meeting the standards of 46 CFR
161.013. One is
[[Page 851]]
required to meet the night only requirement.
(2) An orange flag meeting the standards of 46 CFR 160.072. One is
required to meet the day only requirement.
(3) Pyrotechnics meeting the standards noted in Table 175.130.
(b) Any combination of signal devices selected from the types noted
in paragraphs (a) (1), (2) and (3) of this section, when carried in the
number required, may be used to meet both day and night requirements.
Examples--the combination of two hand held red flares (160.021), and one
parachute red flare (160.024 or 160.036) meets both day and night
requirements. Three hand held orange smoke (160.037) with one electric
distress light (161.013) meet both day and night requirements.
Table 175.130--Pyrotechnic Signal Devices
------------------------------------------------------------------------
Approval
number Number
under 46 Device description Meets requirement for required
CFR
------------------------------------------------------------------------
160.021 Hand Held Red Flare Day and Night............ 3
Distress Signals \3\.
160.022 Floating Orange Smoke Day Only................. 3
Distress Signals.
160.024 Parachute Red Flare Day and Night \1\........ 3
Distress Signals.
160.036 Hand-Held Rocket- Day and Night............ 3
Propelled Parachute Red
Flare Distress Signals.
160.037 Hand-Held Orange Smoke Day Only................. 3
Distress Signals.
160.057 Floating Orange Smoke Day Only................. 3
Distress Signals.
160.066 Distress Signal for Day and Night \2\........ 3
Boats, Red Aerial
Pyrotechnic Flare.
------------------------------------------------------------------------
\1\ These signals require use in combination with a suitable launching
device approved under 46 CFR 160.028.
\2\ These devices may be either meteor or parachute assisted type. Some
of these signals may require use in combination with a suitable
launching device approved under 46 CFR 160.028.
\3\ Must have manufacture date of 1 Oct. 1980 or later.
[CGD 81-038-A, 47 FR 24548, June 7, 1982]
Sec. 175.135 Existing equipment.
Launchers manufactured before 1 January, 1981, which do not have
approval numbers are acceptable for use with meteor or parachute signals
listed in Table 175.130 under Sec. 175.130 as long as they remain in
serviceable condition.
[CGD 76-183, 44 FR 73024, Dec. 17, 1979, as amended by CGD 81-038-A, 47
FR 24548, June 7, 1982; USCG-1998-3799, 63 FR 35534, June 30, 1998]
Sec. 175.140 Prohibited use.
No person in a boat shall display a visual distress signal on waters
to which this subpart applies under any circumstance except a situation
where assistance is needed because of immediate or potential danger to
the persons on board.
Subpart D_Ventilation
Sec. 175.201 Ventilation.
No person may operate a boat built after July 31, 1980, that has a
gasoline engine for electrical generation, mechanical power, or
propulsion unless it is equipped with an operable ventilation system
that meets the requirements of 33 CFR 183.610 (a), (b), (d), (e), and
(f) and 183.620(a).
[CGD 76-082, 44 FR 73027, Dec. 17, 1979]