[Title 46 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2007 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          46


          Parts 1 to 40

                         Revised as of October 1, 2007


          Shipping
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of October 1, 2007
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]

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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 46:
          Chapter I--Coast Guard, Department of Homeland 
          Security                                                   3
  Finding Aids:
      Material Approved for Incorporation by Reference........     535
      Table of CFR Titles and Chapters........................     539
      Alphabetical List of Agencies Appearing in the CFR......     557
      List of CFR Sections Affected...........................     567

[[Page iv]]





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

                     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.

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

[[Page v]]



                               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, 2007), 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.

[[Page vi]]

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, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
volumes. For the period beginning January 1, 2001, 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 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

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

[[Page vii]]


REPUBLICATION OF MATERIAL

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appearing in the Code of Federal Regulations.

INQUIRIES

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or write to the Director, Office of the Federal Register, National 
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                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

October 1, 2007.

[[Page ix]]



                               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, 
DHS. The eighth volume, containing parts 200 to 499, includes chapter 
II--Maritime Administration, DOT and chapter III--Coast Guard (Great 
Lakes Pilotage), DHS. 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, 2007.

    Subject indexes appear in chapter I, subchapters A--I, I-A, J, K, L, 
and Q--W following the subchapters.

    For this volume, Bonnie Fritts and Jonn V. Lilyea were Chief 
Editors. The Code of Federal Regulations publication program is under 
the direction of Michael L. White, assisted by Ann Worley.

[[Page 1]]



                           TITLE 46--SHIPPING




                   (This book contains parts 1 to 40)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Coast Guard, Department of Homeland Security.....           1

[[Page 3]]



         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY




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


  Editorial Note: Nomenclature changes to chapter I appear at 69 FR 
18803, Apr. 9, 2004.

            SUBCHAPTER A--PROCEDURES APPLICABLE TO THE PUBLIC
Part                                                                Page
1               Organization, general course and methods 
                    governing marine safety functions.......           5
2               Vessel inspections..........................          14
3               Designation of oceanographic research 
                    vessels.................................          38
4               Marine casualties and investigations........          40
5               Marine investigation regulations--personnel 
                    action..................................          57
6               Waivers of navigation and vessel inspection 
                    laws and regulations....................          69
7               Boundary lines..............................          71
8               Vessel inspection alternatives..............          79
9               Extra compensation for overtime services....          91
                Index.......................................          95
            SUBCHAPTER B--MERCHANT MARINE OFFICERS AND SEAMEN
10              Licensing of maritime personnel.............         106
12              Certification of seamen.....................         194
13              Certification of tankermen..................         229
14              Shipment and discharge of merchant mariners.         245
15              Manning requirements........................         250
16              Chemical testing............................         273
                Index.......................................         283
                    SUBCHAPTER C--UNINSPECTED VESSELS
24              General provisions..........................         299
25              Requirements................................         308
26              Operations..................................         319
27              Towing vessels..............................         323
28              Requirements for commercial fishing industry 
                    vessels.................................         328

[[Page 4]]

                Index.......................................         377
                       SUBCHAPTER D--TANK VESSELS
30              General provisions..........................         381
31              Inspection and certification................         404
32              Special equipment, machinery, and hull 
                    requirements............................         421
34              Firefighting equipment......................         451
35              Operations..................................         470
36              Elevated temperature cargoes................         491
38              Liquefied flammable gases...................         493
39              Vapor control systems.......................         508
                Index.......................................         519

[[Page 5]]



            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; National Maritime Center.
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 the National Maritime 
          Center.
1.03-45 Appeals from decisions or actions involving documentation of 
          vessels.
1.03-50 Appeals from decisions or actions of the Director, Great Lakes 
          Pilotage.

    Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46 U.S.C. 
Chapter 93; Pub. L. 107-296, 116 Stat. 2135; Department of Homeland 
Security Delegation No. 0170.1; 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.
    (c) The term Area Commander means an officer of the Coast Guard 
designated as such by the Commandant to command all Coast Guard 
activities within an Area.

[CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by USCG-2006-24520, 
71 FR 35818, June 22, 2006]



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 directly from the 
Commandant to the District Commanders, except for marine safety 
regulatory and enforcement matters within the area of responsibility of 
Coast Guard Activities Europe. For Activities Europe, the chain of 
command is from the Commandant to the Atlantic Area Commander. The staff 
officers at Headquarters act only on the basis of the Commandant's 
authority and direction.
    (1) The Assistant Commandant for Marine Safety, Security, and 
Environmental Protection, under the general direction of the Commandant, 
directs, supervises, and coordinates the activities of the Standards 
Directorate, consisting of the Office of Design and Engineering 
Standards, the Office of Operating and Environmental Standards, and the 
Office of Standards Evaluation and Development; the Field Activities 
Directorate, consisting of the Office of Compliance, the Office of 
Response, and the Office of Investigations and Analysis; the Waterways 
Management Directorate, consisting of the Great Lakes Pilotage Staff, 
the Office of Policy and Planning, and the Office of Vessel Traffic 
Management; and the Resource Management Directorate, consisting of the 
Office of Planning and Resources, and the Office of Information 
Resources. The Port Safety and

[[Page 6]]

Security programs administered by the Chief, Office of Compliance and 
the Marine Environmental Response programs administered by the Chief, 
Office of Response are guided by regulations contained in 33 CFR chapter 
I. The Assistant Commandant for Marine Safety, Security, and 
Environmental Protection exercises technical control over the Commanding 
Officer, National Maritime Center and, through the District Commander, 
supervises the administration of the Marine Safety Division of District 
Offices and Officers in Charge, Marine Inspection.
    (i) The Director of Standards (G-MS), under the general direction 
and supervision of the Assistant Commandant for Marine Safety, Security, 
and Environmental Protection establishes federal policies for 
development of marine safety and environmental protection treaties, 
laws, and regulations; develops safety, security and environmental 
protection standards for the maritime industry; integrates all marine 
safety and environmental protection regulatory programs; prepares 
legislation, regulations, and industry guidance for new safety and 
environmental protection programs; and maintains an active program for 
development of third party consensus industry standards.
    (A) The Chief, Office of Design and Engineering Standards (G-MSE), 
at Headquarters, under the direction of the Assistant Commandant for 
Marine Safety, Security, and Environmental Protection and the Director 
of Standards, manages the program for defining the overall regulatory 
approach for vessels, offshore structures, and other marine systems 
incorporating safety considerations regarding the role of the human 
element; develops policies and regulations on load line matters and 
supervises classification societies authorized to assign load lines on 
behalf of the Coast Guard; oversees the development and maintenance of 
programs that incorporate risk-based methods in making safety 
determinations and policies; and oversees technical research and 
development for safety and environmental protection associated with 
marine vessels, structures and facilities.
    (B) The Chief, Office of Operating and Environmental Standards (G-
MSO), at Headquarters, under the direction of the Assistant Commandant 
for Marine Safety, Security, and Environmental Protection and the 
Director of Standards, coordinates and integrates program standards for 
personnel qualification, vessel manning, vessel and facility operations, 
cargo systems and handling, and environmental protection; develops and 
maintains standards, regulations and industry guidance for maritime 
industry operations to prevent deaths, injuries, property damage, and 
environmental harm; develops and maintains safety standards and 
regulations for commercial fishing industry vessels and uninspected 
commercial vessels; and develops and maintains health and safety 
standards and regulations for U.S. inspected vessels.
    (C) The Chief, Office of Standards Evaluation and Development (G-
MSR), at Headquarters, under the Direction of the Assistant Commandant 
for Marine Safety, Security, and Environmental Protection and the 
Director of Standards, coordinates the development of new standards and 
programs across all technical and operational areas of marine safety and 
environmental protection; provides comprehensive analytical support for 
all standards assessment and development efforts; and coordinates 
development of measures of effectiveness for assessing regulatory 
programs and consensus standards.
    (ii) The Director of Field Activities (G-MO), under the general 
direction and supervision of the Assistant Commandant for Marine Safety, 
Security, and Environmental Protection, acts as Program Manager for the 
Marine Safety, Security, and Environmental Protection Programs; directs, 
coordinates, and integrates the Coast Guard's marine safety and 
environmental protection compliance programs, contingency planning, 
response operations, and investigations programs; establishes and 
coordinates field implementation policies and priorities for all marine 
safety commands and units; serves as the focal point for field support 
and technical guidance; and provides oversight of marine documentation 
and marine personnel administration matters.
    (A) The Chief, Office of Compliance (G-MOC), at Headquarters, under 
the direction of the Assistant Commandant

[[Page 7]]

for Marine Safety, Security, and Environmental Protection and the 
Director of Field Activities, administers and balances all marine safety 
and environmental protection compliance programs, including direction of 
Coast Guard activities and oversight of third parties and industry 
programs; develops, publishes and maintains program policies for vessel 
compliance, interprets standards and regulations, and provides field 
guidance for execution 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 the manning of U.S. 
vessels.
    (B) The Chief, Office of Response (G-MOR), at Headquarters, under 
the Direction of the Assistant Commandant for Marine Safety, Security, 
and Environmental Protection and the Director of Field Activities, 
coordinates and integrates field planning, preparedness, and response 
operations for pollution incidents, natural disasters, marine accidents, 
terrorism, and other threats to public safety, the marine environment, 
or marine transportation and commerce; develops, publishes, and 
maintains program policies for preparedness and response, interprets 
laws and regulations, and provides field guidance for execution; 
provides guidance regarding emergency authorities of the Captain of the 
Port (COTP); and administers Office programs for ports and waterway 
management, bridging compliance and response efforts with an active 
presence in the marine environment.
    (C) The Chief, Office of Investigations and Analyses (G-MOA), at 
Headquarters, under the direction of the Assistant Commandant for Marine 
Safety, Security, and Environmental Protection and the Director of Field 
Activities, reviews investigations of marine casualties; manages, 
develops policy for and evaluates domestic and international programs 
and processes associated with investigations of marine casualties and 
injuries; manages analysis of casualties and casualty data, civil 
penalties and other remedial programs (including proceedings to suspend 
or revoke Coast Guard licenses, documents or certificates held by 
mariners); and manages marine employer drug and alcohol testing 
programs.
    (D) The Commanding Officer, Coast Guard National Maritime Center 
(NMC) under technical control of the Assistant Commandant for Marine 
Safety, Security, and Environmental Protection, administers operational 
and administrative control of the Marine Safety Center which conducts 
reviews and approvals of plans, calculations, and other materials 
concerning the design, construction, alterations, and repair of 
commercial vessels to determine conformance with the marine inspection 
laws, regulations, and implementing directions, and administers the U.S. 
Tonnage Measurement program; administers operational and 
administrational control over the National Vessel Documentation Center 
which administers U.S. vessel identification and documentation; 
administers merchant mariner licensing and seaman's documentation; and 
exercises administrative and technical oversight for the Marine Safety 
Laboratory (MSL).
    (iii) The Director of Waterways Management (G-MW), under the general 
direction and supervision of the Assistant Commandant for Marine Safety, 
Security, and Environmental Protection, is the principle advisor to the 
Assistant Commandant for Marine Safety, Security, and Environmental 
Protection on waterways management objectives, goals, strategies, and 
related policy issues; coordinates waterways management issues with 
other interested Coast Guard offices; represents the Coast Guard with 
other DOT modal administrations and other federal, state, and 
international governmental organizations on matters concerning waterways 
management, DOT's Marine Transportation System (MTS), and port security; 
in coordination with the Director of Field Activities, resolves appeals 
on waterways management issues from industry and the public regarding 
decisions by Captains of the Port; as the Secretary of Transportation's 
representative, chairs the U.S. Port Security Committee; directs and 
administers the Interagency Committee on the Marine Transportation

[[Page 8]]

System and the Navigation Safety Advisory Council.
    (iv) The Director of Resource Management (G-MR), under the general 
direction and supervision of the Assistant Commandant for Marine Safety, 
Security, and Environmental Protection, serves as Facility Manager for 
the marine safety programs; coordinates and integrates financial, 
informational, and human resources; plans, acquires, develops, and 
allocates resources for development and execution 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.
    (2) The Chief Counsel of the Coast Guard at Headquarters, under the 
general direction and supervision of the General Counsel, Department of 
Homeland Security and the Commandant, considers cases involving alleged 
violations of navigation and vessel inspection laws or regulations 
prescribed thereunder and published in this chapter or in 33 CFR chapter 
I, and reviews appeals to the Commandant from statutory monetary 
penalties assessed therefor. Upon completion of such a review, the Chief 
Counsel prepares a proposed action for the Commandant's consideration 
or, in appropriate cases, takes final action on behalf of, and as 
directed by, the Commandant.

[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; CGD 97-057, 62 FR 51041, Sept. 30, 
1997; USCG-1998-4442, 63 FR 52188, Sept. 30, 1998; USCG-2000-7790, 65 FR 
58457, Sept. 29, 2000; USCG-2001-10224, 66 FR 48619, Sept. 21, 2001; 
USCG-2003-14505, 68 FR 9535, Feb. 28, 2003; USCG-2006-24520, 71 FR 
35818, June 22, 2006]



Sec. 1.01-15  Organization; Districts; National Maritime Center.

    (a) To assist the District Commander, and the Atlantic Area 
Commander with respect to Activities Europe, in carrying out the 
regulatory and enforcement aspects of marine safety, there is assigned 
to each District Commander and to the Atlantic Area Commander a staff 
officer designated as Chief, Marine Safety Division. The chain of 
military command is from the District Commander to each Officer in 
Charge, Marine Inspection, within the district and from the Atlantic 
Area Commander to the Officer in Charge, Activities Europe. The Chief of 
the Marine Safety Division is a staff officer assigned to the District 
Commanders and Atlantic Area Commander, and acts only on the basis of 
the authority and direction of the District Commanders, and the Atlantic 
Area Commanders with respect to Activities Europe.
    (1) The Chiefs, Marine Safety Division, in the District Offices, 
under the supervision of their respective District Commanders, direct 
the activities of 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 
seamen; 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 the District Commanders, and the 
Officer in Charge, Activities Europe, under the

[[Page 9]]

supervision of the Atlantic Area Commander are in charge of the marine 
inspection offices in the various ports and have command 
responsibilities 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.
    (c) The Commanding Officer of the National Maritime Center has been 
designated and delegated to:
    (1) Give direction to Coast Guard activities relating to marine 
safety functions consisting of the licensing, credentialing, 
certificating, shipment and discharge of seamen;
    (2) Refer to the processing Regional Examination Center (REC) or 
cognizant OCMI potential violations of law, negligence, misconduct, 
unskillfulness, incompetence or misbehavior of persons holding merchant 
mariner's documents, licenses, certificates or credentials issued by the 
Coast Guard, and recommend suspension or revocation under 46 U.S.C. 
Chapter 77 when deemed appropriate; and
    (3) Grant, withhold, suspend, or withdraw course approvals.
    (d) The Commanding Officer of the National Maritime Center has the 
same authority as an OCMI for the purpose of carrying out the marine 
safety functions listed in paragraph (c) of this section pursuant to the 
provisions of Subchapter B of this chapter.
    (e) Applicants for merchant mariner's documents, licenses, 
certificates or credentials may apply to the Coast Guard National 
Maritime Center or any of the Regional Examination Centers. Applicants 
may contact the National Maritime Center at 4200 Wilson Boulevard, Suite 
630, Arlington, Virginia 22203-1804, or by telephone at 202-493-1002. A 
list of Regional Examination Locations is available through the Coast 
Guard Web site at http://www.uscg.mil.
    (f) For descriptions of Coast Guard districts and marine inspection 
zones, see 33 CFR part 3.

[CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by CGD 97-057, 62 FR 
51040, Sept. 30, 1997; USCG-2000-7790, 65 FR 58457, Sept. 29, 2000; 
USCG-2006-24520, 71 FR 35818, June 22, 2006; USCG-2006-25535, 71 FR 
48482, Aug. 21, 2006; 71 FR 54768, Sept. 19, 2006; USCG-2006-24520, 71 
FR 60066, Oct. 12, 2006; USCG-2006-25535, 72 FR 7930, Feb. 22, 2007]



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;

[[Page 10]]

    (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)(1) 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 Sector 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 with Marine Safety and Environmental Protection at Headquarters.
    (2) For Activities Europe, the course is from the Officer in Charge, 
Activities Europe to the staff of the Atlantic Area Commander, then to 
the Atlantic Area Commander, and then to the Chief of one of the offices 
with Marine Safety and Environmental Protection at Headquarters.
    (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 bringing of charges and specifications against the 
holder of the Coast Guard license, certificate or document. A Coast 
Guard Investigating Officer under the supervision of an Officer in 
Charge, Marine Inspection, or an Officer in Charge, Marine Inspection 
causes the charges and specifications to be served on the person 
described therein (person charged) who is a holder of a Coast Guard 
license, certificate or document. At a hearing the Coast Guard submits 
evidence to support the charges and specifications, while the person 
charged may submit evidence in rebuttal or mitigation. The 
Administrative Law Judge renders a decision on the basis of the evidence 
adduced at the hearing and the law. The Administrative Law Judge's 
decision is given to the person charged.
    (i) In a case where an appeal is made by the person charged, the 
notice of appeal is filed with the Administrative Law Judge who heard 
the case or with any Officer in Charge, Marine Inspection, for 
forwarding to such Administrative Law Judge.
    (ii) [Reserved]
    (2) [Reserved]
    (d) In the performance of their duties, all Coast Guard 
Administrative Law Judges are bound by law and the regulations in this 
chapter or in 33 CFR chapter I. Statements of policy, clarification of 
points of procedure, and general administrative instructions are 
published in 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,

[[Page 11]]

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; CGD 97-057, 62 FR 51040, 51041, Sept. 30, 1997; 
USCG-2004-18884, 69 FR 58341, Sept. 30, 2004; USCG-2006-24520, 71 FR 
35818, June 22, 2006, USCG-2006-25556, 72 FR 36329, July 2, 2007]



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...............................  1625-0002
Sec.  2.95-10............................  1625-0035
Sec.  3.10...............................  1625-0014
Part 4....................................  1625-0001
Part 6....................................  1625-0002
------------------------------------------------------------------------


[CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by USCG-2004-18884, 
69 FR 58341, Sept. 30, 2004]



                      Subpart 1.03_Rights of Appeal

    Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46 U.S.C. 
Chapter 93; Public Law 107-296, 116 Stat. 2135; Department of Homeland 
Security Delegation No. 1070; Sec. 1.01-35 also issued under the 
authority of 44 U.S.C. 3507.



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 or under chapter III of this title, by or on behalf of the 
Coast Guard, except for matters covered by subpart J of part 5 of this 
chapter dealing with suspension-and-revocation hearings, shall follow 
the procedures contained in this section when requesting that the 
decision or action be reviewed, set aside, or revised.
    (b) When requesting that a decision or action be reconsidered or 
reviewed, as may be required by this subpart, such request must be made 
within 30 days after the decision is rendered or the action is taken.
    (c) When making a formal appeal of a decision or action, as 
permitted by this subpart, such appeal must be submitted in writing and 
received by the authority to whom the appeal is required to be made 
within 30 days after the decision or action being appealed, or within 30 
days after the last administrative action required by this subpart. Upon 
written request and for good cause, the 30 day time limit may be 
extended by the authority to whom the appeal is required to be made.

[[Page 12]]

    (d) A formal appeal must contain a description of the decision or 
action being appealed and the appellant's reason(s) why the decision or 
action should be set aside or revised.
    (e) When considering an appeal, the Commandant or a District 
Commander may stay the effect of a decision or action being appealed 
pending determination of the appeal.
    (f) While a request for reconsideration or review or a formal appeal 
is pending, the original decision or action remains in effect, unless 
otherwise stayed under paragraph (e) of this section.
    (g) The Commandant may delegate authority to act on administrative 
appeals under this subpart to the Assistant Commandant for Marine Safety 
and Environmental Protection, and appropriate office chiefs within 
Marine Safety and Environmental Protection.
    (h) Formal appeals made to the Commandant shall be addressed to:
    (1) Commandant (G-MOC) for appeals involving vessel inspection 
issues, load line issues, and vessel manning issues;
    (2) Commandant (G-MS) for appeals involving vessel plan review or 
tonnage measurement issues;
    (3) Commandant (CG-3PC) for all appeals involving suspension or 
withdrawal of course approvals, all marine personnel issues appealed 
from the National Maritime Center or from an OCMI through a District 
Commander, and all appeals regarding the documentation of a vessel under 
part 67 or part 68 of this title. All appeals regarding the 
documentation of a vessel under part 67 or part 68 of this title must be 
addressed to Commandant CG-3PC(d), Coast Guard Headquarters, 2100 Second 
St., SW, Washington, DC 20593, and a copy of each such appeal must be 
sent to the National Vessel Documentation Center, 792 T J Jackson Drive; 
Falling Waters, WV 25419;
    (4) Commandant (G-PSE), for appeals involving the recognition of a 
classification society; or
    (5) Commandant (G-M) for appeals involving decisions or actions of 
the Director, Great Lakes Pilotage.
    (i) Failure to submit a formal appeal in accordance with the 
procedures and time limits contained in this subpart results in the 
decision or action becoming final agency action.
    (j) Any decision made by the Commandant, or by the Assistant 
Commandant for Marine Safety and Environmental Protection, or by an 
office chief pursuant to authority delegated 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; CGD 97-057, 62 FR 51040, Sept. 30, 1997; CGD 95-010, 62 FR 67532, 
Dec. 24, 1997; USCG-1998-4442, 63 FR 52188, Sept. 30, 1998; USCG-1999-
6216, 64 FR 53222, Oct. 1, 1999; USCG-2000-7790, 65 FR 58457, Sept. 29, 
2000; USCG-2001-8894, 66 FR 31844, June 13, 2001; USCG 2003-15137, 68 FR 
37093, June 23, 2003; USCG 2006-25535, 71 FR 48482, Aug. 21, 2006; USCG-
2006-25535, 72 FR 7930, Feb. 22, 2007]



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, or in the case of 
the Officer in Charge, Activities Europe, to the Atlantic Area 
Commander, in accordance with the procedures contained in Sec. 1.03-15 
of this subpart.

[USCG-2006-24520, 71 FR 35818, June 22, 2006]



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 involving tonnage measurement or which otherwise 
affects a new vessel or plans for a vessel to be built may, after 
requesting reconsideration of the

[[Page 13]]

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 not involving tonnage measurement but which 
otherwise affects an existing vessel, prior to initiating a formal 
appeal, must request review of that decision or action by the cognizant 
OCMI. Following review by the cognizant OCMI, the decision or action 
under review may be appealed to the District Commander, in accordance 
with the procedures contained in Sec. 1.03-20 of this subpart.

[CGD 97-057, 62 FR 51040, Sept. 30, 1997, as amended by USCG-1998-4442, 
63 FR 52188, Sept. 30, 1998]



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, tonnage 
measurement, or load line assignment on behalf of the Coast Guard may, 
after requesting reconsideration of the decision or action by the 
classification society, make a formal appeal, via the classification 
society headquarters, to the Commandant, in accordance with the 
procedures contained in 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.

[CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by CGD 97-057, 62 FR 
51041, Sept. 30, 1997]



Sec. 1.03-40  Appeals from decisions or actions of the National

Maritime Center.

    Any person directly affected by a decision or action of an officer 
or employee of the National Maritime Center (NMC) involving any of the 
marine safety functions listed in Sec. 1.01-15(c) of this subpart may, 
after requesting reconsideration of the decision or action by the NMC, 
make a formal appeal of that decision or action, via the NMC, to the 
Director of Inspection and Compliance, Commandant (G-PC), in accordance 
with the procedures contained in Sec. 1.03-15 of this subpart. The 
decision of the Director of Inspection and Compliance, Commandant (G-
PC), on such an appeal will constitute final agency action.

[USCG-2006-25535, 71 FR 48482, Aug. 21, 2006. Redesignated by USCG-2006-
25535, 72 FR 7930, Feb. 22, 2007]



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 or part 68 of this title, may 
make a formal appeal of that decision or action to the Director of 
Inspection and Compliance, Commandant (CG-3PC), in accordance with the 
procedures contained in Sec. 1.03-15 of this subpart. The decision of 
the Director of Inspection and Compliance, Commandant (CG-3PC), on such 
an appeal will constitute final agency action.

[USCG-2006-25535, 72 FR 7930, Feb. 22, 2007]



Sec. 1.03-50  Appeals from decisions or actions of the Director,

Great Lakes Pilotage.

    Any person directly affected by a decision or action of the 
Director, Great Lakes Pilotage, may make a formal appeal of that 
decision or action to Commandant (G-M), in accordance with the 
procedures contained in Sec. 1.03-15 of this subpart.

[USCG 2003-15137, 68 FR 37093, June 23, 2003]

[[Page 14]]



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 Suspension or revocation of certificates of inspection.
2.01-25 International Convention for Safety of Life at Sea, 1974.
2.01-30 Delegation of OCMI signature authority.
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

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

Subpart 2.45 [Reserved]

                         Subpart 2.50_Penalties

2.50-1 Penalty procedures.

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. 2110, 3103, 
3205, 3306, 3307, 3703; 46 U.S.C. Chapter 701; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation 
No. 0170.1. Subpart 2.45 also issued under the 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 inspections of vessels 
required to be inspected under Subtitle II, Title 46 of the U.S. Code, 
Title 46 and Title 33 U.S. Code, or under 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 
U.S. Coast Guard Sector Office.
    (i) CG-3752--Application for Inspection of U.S. Vessel.

[[Page 15]]

    (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), K 
(Small Passenger Vessels Carrying More Than 150 Passengers Or With 
Overnight Accommodations For More Than 49 Passengers), L (Offshore 
Supply Vessels), 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 
applicable to their class and employment.
    (2) Foreign-built vessels are not permitted to engage in the U.S. 
coastwise trade (domestic trade) unless specifically authorized by law. 
Therefore, when foreign-built vessels are intended for use in the 
coastwise trade as defined by the U.S. Customs Service, such vessels 
will not be inspected and certificated unless specifically authorized by 
law to engage in coastwise trade.

[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; CGD 97-
057, 62 FR 51041, Sept. 30, 1997; CGD 95-028, 62 FR 51194, Sept. 30, 
1997; USCG-2006-25556, 72 FR 36329, July 2, 2007]



Sec. 2.01-3  Notification of inspection.

    (a) At least 30 days prior to the expiration of the Certification of 
Inspection, a vessel's owner, charterer, managing operator, agent, 
master or individual in charge shall notify the Coast Guard if the 
vessel will be required to be reinspected for certification or will be 
operated in such a manner as to not require a Certificate of Inspection.
    (b) The notification required by paragraph (a) shall be in writing 
and shall be submitted to the Officer in Charge, Marine Inspection for 
the Marine Inspection or Sector 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, as amended by USCG-1999-4976, 65 
FR 6498, Feb. 9, 2000; USCG-2006-25556, 72 FR 36329, July 2, 2007]



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.
    (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

[[Page 16]]

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 a 
request is made on Coast Guard form CG-858, Certificate of Inspection 
Amendment.

[CGD 77-014, 44 FR 5316, Jan. 25, 1979, as amended by USCG-1999-4976, 65 
FR 6498, Feb. 9, 2000; USCG-2004-18884, 69 FR 58341, Sept. 30, 2004]



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 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 17]]

[GRAPHIC] [TIFF OMITTED] TR15MY02.000


[[Page 18]]


[GRAPHIC] [TIFF OMITTED] TR15MY02.001


[[Page 19]]


[GRAPHIC] [TIFF OMITTED] TR15MY02.002


[[Page 20]]


[GRAPHIC] [TIFF OMITTED] TR15MY02.003


[[Page 21]]


[GRAPHIC] [TIFF OMITTED] TR15MY02.004


[[Page 22]]


[GRAPHIC] [TIFF OMITTED] TR15MY02.005

    (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

[[Page 23]]

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 114 of subchapter K (Small 
Passenger Vessels Carrying More Than 150 Passengers or with Overnight 
Accommodations for More Than 49 Passengers) and part 175 of subchapter T 
(Small Passenger Vessels) of this chapter.
    (5) For uninspected vessels see part 24 of subchapter C (Uninspected 
Vessels) of this chapter.
    (6) For vessels carrying certain bulk dangerous cargoes see 
subchapter O of this chapter.

[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; CGD 97-
057, 62 FR 51041, Sept. 30, 1997; USCG-1999-5040, 67 FR 34760, May 15, 
2002]



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. Sec. 115.900 and 176.900 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; USCG-1999-4976, 65 FR 6499, Feb. 9, 2000]



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 inspection under Subtitle 
II, Title 46 of the U.S. Code, Title 46 and Title 33 U.S. Code. If 
during such examination, inspection, or reinspection, any failure to 
comply with any applicable requirement of law and/or applicable 
regulations in this chapter, or any defects or imperfections become 
apparent tending to render the navigation of the vessel unsafe, or that 
repairs have become necessary, the Coast Guard will so notify the master 
and state what is required.

[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 
51194, Sept. 30, 1997; USCG-2004-18884, 69 FR 58341, Sept. 30, 2004]



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 conditions specified in applicable inspection 
laws be subject to inspection

[[Page 24]]

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. 147.1 (Dangerous Cargoes), 
part 148 (Bulk Solid Hazardous Materials), parts 153 and 154 (Certain 
Bulk Dangerous Cargoes), and part 175 (Small Passenger Vessels) of this 
chapter.

[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 73-96, 42 FR 
49022, Sept. 26, 1977; CGD 97-057, 62 FR 51041, Sept. 30, 1997]



Sec. 2.01-15  Vessel repairs.

    (a) No repairs or alterations affecting the safety of the vessel or 
its machinery shall be made unless applicable requirements in this 
chapter are met. The procedures to be followed in notifying the Coast 
Guard about vessel repairs vary according to the type of vessel and 
service in which engaged. The requirements are set forth in the 
subchapter governing a particular class of vessels or in a subchapter 
governing a particular subject as follows:
    (1) For passenger vessels that are 100 gross tons or more, see 
Sec. Sec. 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 either 
Sec. 176.700 of subchapter T (Small Passenger Vessels) or Sec. 115.700 
of subchapter K (Small Passenger Vessels Carrying More than 150 
Passengers or with Overnight Accommodations for more than 49 Passengers) 
of this chapter.
    (3) For cargo and miscellaneous vessels, see Sec. Sec. 91.45-1 and 
91.50-1 of subchapter I (Cargo and Miscellaneous Vessels) of this 
chapter.
    (4) For tank vessels, see Sec. Sec. 31.10-25 and 35.01-1 of 
subchapter D (Tank Vessels) of this chapter.
    (5) For public nautical schoolships, see Sec. Sec. 167.30-1 and 
167.30-10 of subchapter R (Nautical Schools) of this chapter.
    (6) For oceanographic vessels, see Sec. Sec. 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 
Sec. Sec. 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 subpart B 
of subchapter T (Small Passenger Vessels) of this chapter.
    (3) For cargo and miscellaneous vessels, see subpart 91.05 of 
subchapter I (Cargo and Miscellaneous Vessels) of this chapter.
    (4) For tank vessels, see 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; CGD 97-
057, 62 FR 51041, Sept. 30, 1997; USCG-2004-18884, 69 FR 58341, Sept. 
30, 2004]

[[Page 25]]



Sec. 2.01-20  Suspension or revocation of certificates of inspection.

    Under the authority if 46 U.S.C. 3313 and 46 U.S.C. 3710, a 
certificate of inspection issued to a vessel may be suspended or revoked 
if a vessel is found not to comply with the terms of its certificate or 
fails to meet a standard required by this chapter.

[CGD 95-028, 62 FR 51195, Sept. 30, 1997, as amended by USCG-1998-4442, 
63 FR 52188, Sept. 30, 1998; USCG-2004-18884, 69 FR 58341, Sept. 30, 
2004]



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 Radio Certificate.
    (v) Nuclear Passenger Ship Safety Certificate.
    (vi) Nuclear Cargo Ship Safety Certificate.
    (vii) Safety Management Certificate.
    (viii) International Ship Security Certificate.
    (2) The U.S. Coast Guard will issue through the Officer In Charge, 
Marine Inspection, the following certificates after performing an 
inspection or safety management audit of the vessel's systems and 
determining the vessel meets the applicable requirements:
    (i) Passenger Ship Safety Certificate.
    (ii) Cargo Ship Safety Construction Certificate, except when issued 
to cargo ships by a Coast Guard recognized classification society at the 
option of the owner or agent.
    (iii) Cargo Ships Safety Equipment Certificate.
    (iv) Exemption Certificate.
    (v) Nuclear Passenger Ship Safety Certificate.
    (vi) Nuclear Cargo Ship Safety Certificate.
    (vii) Safety Management Certificate, except when issued by a 
recognized organization authorized by the Coast Guard.
    (viii) International Ship Security Certificate (ISSC).
    (3) When authorized by the Commandant, U.S. Coast Guard, the 
American Bureau of Shipping may issue the Cargo Ship Safety Construction 
Certificate to cargo and tankships which it classes.
    (4) The Federal Communications Commission will issue the following 
certificates:
    (i) Cargo Ship Safety Radio Certificate.
    (ii) 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 K (Small Passenger Vessels Carrying more than 150 
Passengers or with overnight accommodations for more than 49 
Passengers), subchapter L (Offshore Supply Vessels), subchapter O 
(Certain Bulk Dangerous Cargoes), and subchapter T (Small Passenger 
Vessels), of this chapter.
    (2) For vessels other than passenger vessels, you must contact the 
local office of the Federal Communications Commission to apply for the 
inspection concerning the issuance of a Cargo Ship Safety Radio 
Certificate.
    (c) 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.)

[[Page 26]]

    (d) CG-969--Notice of Receipt of Application for Passenger Ship 
Safety Certificate. (1) The Passenger Ship Safety Certificate is issued 
by the Commandant 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 Federal Communications Commission issues the Exemption 
Certificate, which modifies the Cargo Ship Safety Radio Certificate.
    (f) Availability of Certificates. The Convention certificates must 
be on board the vessel and readily available for examination at all 
times.
    (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; CGD 95-
073, 62 FR 67514, Dec. 24, 1997; USCG-1999-6216, 64 FR 53222, Oct. 1, 
1999; USCG-1999-4976, 65 FR 6499, Feb. 9, 2000; USCG-2003-14749, 68 FR 
39314, July 1, 2003; 68 FR 60515, Oct. 22, 2003; USCG-2004-18884, 69 FR 
58341, Sept. 30, 2004]



Sec. 2.01-30  Delegation of OCMI signature authority.

    The OCMI may redelegate to one individual on his or her staff 
authority to sign documents issued under this subpart.

[CGD 97-001, 62 FR 17748, Apr. 11, 1997]



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

tank vessels.

    (a) Under the authority of 46 U.S.C. 3304, a documented vessel 
transporting cargo may be allowed by its certificate of inspection to 
carry not more than 12 individuals in addition to the crew on 
international voyages and not more than 16 individuals in addition to 
the crew on other voyages.
    (b) The application for permission to carry persons in addition to 
the crew may be included in the application described in Sec. 2.01-1. 
If granted it is endorsed on the certificate of inspection.

[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 
51195, Sept. 30, 1997]



Sec. 2.01-45  Excursion permit.

    (a) Under 46 U.S.C. 2113, the Coast Guard may issue a permit to the 
owner, operator, or agent of a passenger vessel, allowing the vessel to 
engage in excursions that carry additional numbers of passengers, extend 
an existing route, or both. Details concerning the application process 
for excursion permits for inspected passenger vessels are contained in 
Sec. Sec. 71.10, 115.204, or 176.204 of this chapter. Details 
concerning the application process for special permits for uninspected 
passenger vessels are contained in Sec. 26.03-6 of this chapter.

[[Page 27]]

    (b) For Marine Events of National Significance, as determined by the 
Commandant, U.S. Coast Guard, a vessel may be permitted to engage in 
these events while carrying passengers-for-hire for the duration of the 
event. Event sponsors must request this determination in writing from 
the Commandant (G-M) at least 1 year prior to the event. Details 
concerning the application process for special permits for Marine Events 
of National Significance are contained in Sec. 26.03-8 of this chapter.
    (c) The application for an excursion permit is made by the master, 
owner, or agent of the vessel to the Officer in Charge, Marine 
Inspection, on Coast Guard Form CG-950, Application for Excursion 
Permit. If, after inspection, permission is granted, it is given on 
Coast Guard form CG-949, Permission to Carry Excursion Party. The permit 
describes the vessel, the route over which and the period during which 
the excursions may be made, and the safety equipment required for the 
additional persons indicated.

[USCG-1999-5040, 67 FR 34767, May 15, 2002]



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

steam vessels.

    (a) A steam vessel engaged in towing, oyster dredging and planting, 
and fishing may be permitted to carry persons in addition to its crew.
    (b) The application for a permit to carry such persons may be 
included in the application described in Sec. 2.01-1. If granted it is 
endorsed on the certificate of inspection.

[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 
51195, Sept. 30, 1997]



Sec. 2.01-60  Overtime compensation.

    (a) General. Extra compensations for overtime services performed by 
inspectors of vessels and their 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. 2111 and regulations in part 9 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.

[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 97-057, 62 FR 
51041, Sept. 30, 1997; USCG-2000-7790, 65 FR 58458, Sept. 29, 2000]



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: CGD 91-030, 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.

[[Page 28]]

    (b) The fees in this subpart do not apply to:
    (1) Vessels being inspected for the initial issuance of a 
Certificate of Inspection;
    (2) Foreign passenger vessels;
    (3) Training vessels operated by State maritime academies;
    (4) Public vessels of the United States except for Maritime 
Administration vessels; and
    (5) Publicly owned ferries.

[CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 96-067, 62 FR 
19232, Apr. 21, 1997]



Sec. 2.10-5  Exemptions.

    (a) Vessels owned or operated by a non-profit organization may be 
exempted from payment of the fees required by this subpart, only if the 
vessel is used exclusively for one or more of the following:
    (1) Training youth in boating, seamanship, or navigation skills;
    (2) Educating youth in a course of marine environmental studies;
    (3) Providing excursions for persons with disabilities as defined 
under the Americans with Disabilities Act (ADA) [42 U.S.C. 12102(2)]; or
    (4) Providing medical services.
    (b) Vessels owned or operated by the Federal government or the 
government of any State or political subdivision thereunder may be 
exempted from the fees required by this subpart provided the vessel is 
used exclusively for one or more of the purposes listed in paragraph (a) 
of this section.
    (c) The term used exclusively in paragraphs (a) and (b) of this 
section does not preclude:
    (1) The carriage of adult volunteers or crew, or
    (2) The vessel's use for fundraising activities without regard to 
the age of the participants aboard the vessel, provided revenues raised 
are for the operation and maintenance of the vessel and that such 
fundraising activities do not exceed one day of fundraising for each 
month of the vessel's operating season.
    (d) Vessel owners or operators may submit a written request for 
exemption to the Officer in Charge, Marine Inspection, of the Marine 
Inspection Zone in which the vessel normally operates. The exemption 
request must provide the vessel name, the vessel identification number, 
and evidence that the organization and the vessel meet the criteria set 
forth in this section.

[CGD 96-067, 62 FR 19232, Apr. 21, 1997, as amended by CDG 96-067, 63 FR 
59474, Nov. 4, 1998]



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 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]

[[Page 29]]



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.
    Ferry means a vessel that:
    (1) Operates in other than ocean or coastwise service;
    (2) Has provisions only for deck passengers or vehicles, or both;
    (3) Operates on a short run on a frequent schedule between two 
points over the most direct water route; and
    (4) Offers a public service of a type normally attributed to a 
bridge or tunnel.
    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.
    Non-profit organization means an organization under Internal Revenue 
Code (I.R.C.) section 501(c) which is exempt for the purposes of federal 
income taxation.
    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 or OSV means a vessel that--
    (1) Is propelled by machinery other than steam;
    (2) Does not meet the definition of a passenger-carrying vessel in 
46 U.S.C. 2101(22) or 46 U.S.C. 2101(35);
    (3) Is more than 15 but less than 500 gross tons (as measured under 
the Standard, Dual, or Simplified Measurement System under part 69, 
subpart C, D or E of this chapter) or less than 6,000 gross tons (as 
measured under the Convention Measurement System under part 69, subpart 
B of this chapter); and
    (4) Regularly carries goods, supplies, individuals in addition to 
the crew, or equipment in support of exploration, exploitation, or 
production of offshore mineral or energy resources.
    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
    (3) That is a submersible vessel carrying at least one passenger for 
hire.
    Political subdivision means a county, district, parish, township, 
city or similar governmental entity established within a State.

[[Page 30]]

    Publicly owned means, owned by (1) the federal government, or (2) 
the government of any State or political subdivision thereunder.
    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.
    State means a State of the United States, Guam, Puerto Rico, the 
Virgin Islands, American Samoa, the District of Columbia, the Northern 
Mariana Islands and any other territory or possession of the United 
States.
    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.
    Youth means an individual 21 years of age or younger.

[CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 96-067, 62 FR 
19232, Apr. 21, 1997; CGD 97-057, 62 FR 51041, Sept. 30, 1997; CDG 96-
067, 63 FR 59474, Nov. 4, 1998]



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. 2.10-105 of this 
subpart.

[[Page 31]]

    (c) Payment of the annual vessel inspection fee entitles a vessel to 
all inspection services related to compliance with its Certificate of 
Inspection, including but not limited to the inspection for renewal of 
the Certificate of Inspection, reinspections (midperiod inspections), 
hull (drydock) inspections, deficiency inspections, damage surveys, 
repair and modification inspections, change in vessel service 
inspections, permit to proceed inspections, drydock extension 
inspections, and all inspections required for the issuance of 
international certificates.
    (d) Entitlement to inspection services for the current year remains 
with the vessel if it is sold. The entitlement to inspection services 
may not be transferred to any other vessel.

   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:
        Less than 65 feet in length..........................        300
        65 feet or more in length............................        600
    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:

[[Page 32]]

 
    Less than 65 feet in length..............................        300
    65 feet or more in length................................        600
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.


[CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 96-067, 62 FR 
19232, Apr. 21, 1997; USCG-2004-18884, 69 FR 58341, Sept. 30, 2004]



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
[pi] 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; USCG-
1999-6216, 64 FR 53223, Oct. 1, 1999]



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.
    (b) If a change in service occurs and the annual vessel inspection 
fee has been prepaid, Commandant (G-MRP) will recalculate the prepayment

[[Page 33]]

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; USCG-
2004-18884, 69 FR 58341, Sept. 30, 2004]



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.
    (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.

[CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 96-052, 62 FR 
16703, Apr. 8, 1997]



                     Subpart 2.20_Reports and Forms



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 Sec. Sec. 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 
Sec. Sec. 35.25-5, 78.33-5, and 97.30-5 of this chapter.
    (c) When fusible plugs in boilers are renewed at a time other than 
the inspection for certification and there is no marine inspector in 
attendance at the renewal, the chief engineer must report the renewal of 
the fusible plugs by letter to the OCMI who issued the certificate of 
inspection. This letter report must contain the following information:

[[Page 34]]

    (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; USCG-2004-18884, 69 FR 58341, Sept. 30, 2004]



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 
Sec. Sec. 78.33-10 and 97.30-10 of this chapter.

[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 97-057, 62 FR 
51041, Sept. 30, 1997; USCG-2004-18884, 69 FR 58341, Sept. 30, 2004]

Subpart 2.45 [Reserved]



                         Subpart 2.50_Penalties



Sec. 2.50-1  Penalty procedures.

    Civil and criminal penalty procedures appear in 33 CFR part 1. Civil 
monetary penalty amounts are set forth in 33 CFR part 27.

[CGD 96-052, 62 FR 16703, Apr. 8, 1997]



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 Assistant Commandant for Marine Safety, Security 
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 Assistant Commandant for 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

[[Page 35]]

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 may be found on the internet at: http://cgmix.uscg.mil/
equipment. Each OCMI may be contacted for information concerning 
approved equipment.

[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, Mar. 28, 
1996; CGD 96-041, 61 FR 50725, Sept. 27, 1996; CGD 97-057, 62 FR 51041, 
Sept. 30, 1997; USCG-2004-18884, 69 FR 58341, Sept. 30, 2004]



Sec. 2.75-5  Certificates of approval.

    (a) The Assistant Commandant for Marine Safety, Security and 
Environmental Protection or his delegate, 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 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; CGD 97-057, 62 FR 51041, Sept. 30, 
1997; USCG-2004-18884, 69 FR 58341, Sept. 30, 2004]



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 36]]

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 37]]

    (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 Assistant Commandant 
for Marine Safety, Security and Environmental Protection (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; CGD 97-
057, 62 FR 51041, Sept. 30, 1997; USCG-2004-18884, 69 FR 58341, Sept. 
30, 2004]



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 Sec. Sec. 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.

    Most U.S. vessels, and foreign vessels in U.S. waters are required 
to have load line assignments in accordance with 46 U.S.C. Chapter 51. 
The load lines marks, when placed on a vessel, indicate the maximum 
draft to which such vessel can be lawfully submerged, in the various 
circumstances and seasons applicable to such vessel. See subchapter E 
(Load Lines) of this chapter for applicable details governing assignment 
and marking of load lines.

[CGD 95-028, 62 FR 51195, Sept. 30, 1997, as amended by USCG-1998-4442, 
63 FR 52188, Sept. 30, 1998; USCG-2004-18884, 69 FR 58341, Sept. 30, 
2004]



               Subpart 2.90_Plans, Drawings or Blueprints



Sec. 2.90-1  General requirements.

    (a) Drawings, blueprints or plans showing the details of 
construction of vessels subject to inspection or installations thereon 
are required to be submitted for approval in accordance with applicable 
regulations in this chapter, information as to which may be obtained at 
any local Marine Inspection Office.
    (b) The requirements for passenger vessel construction are in parts 
43-46, 70-78, of this chapter.
    (c) The requirements for tank vessel construction are in parts 30-
39, 43-45, of this chapter.
    (d) The requirements for cargo and miscellaneous vessel construction 
are in parts 43-45, 90-97, of this chapter.
    (e) The requirements for marine engineering installations or 
equipment are in parts 50-69 of this chapter.
    (f) The requirements for electrical engineering installations or 
equipment are in parts 110-113 of this chapter.
    (g) The requirements for items to be manufactured under specific 
approval by the Commandant are in parts 160-164 of this chapter.

[[Page 38]]

    (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.



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




                   Subpart 3.01_Authority and Purpose

Sec.
3.01-1 Purpose of 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; Department of Homeland Security 
Delegation No. 0170.1.

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

[[Page 39]]



                   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. 2101(18).

[CGD 77-081, 46 FR 56202, Nov. 16, 1981, as amended by CGD 95-028, 62 FR 
51195, Sept. 30, 1997]



                        Subpart 3.03_Application



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

    The regulations in this part are applicable to U.S. flag vessels 
desiring designation as oceanographic research vessels in accordance 
with 46 U.S.C. 2101(18).

[CGD 77-081, 46 FR 56202, Nov. 16, 1981, as amended by CGD 95-028, 62 FR 
51195, Sept. 30, 1997; USCG-2005-22329, 70 FR 57183, Sept. 30, 2005]



           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.
    (b) The request should contain sufficient information to allow the 
Officer in Charge, Marine Inspection, to make this determination. At a 
minimum, the following items must be submitted:
    (1) A detailed description of the vessel, including its 
identification number, owner and charterer.
    (2) A specific operating plan stating precisely the intended use of 
the vessel.
    (3) Any additional information as may be requested by the Officer in 
Charge, Marine Inspection.
    (c) If designation is granted, it shall be indicated as follows:
    (1) For inspected vessels--indicated on the certificate of 
inspection, valid for its duration.
    (2) For uninspected vessels--indicated by a letter of designation, 
which shall be maintained on board the vessel and remain in effect for 
two years from date of issuance.
    (d) All designations shall remain valid for the period specified on 
the applicable document, provided all operating conditions remain 
unchanged from the date of designation.
    (e) In the event of a change in operating conditions, the owner, 
master, or agent of the vessel shall advise the Officer in Charge, 
Marine Inspection who issued the designation. After reviewing the 
pertinent information concerning the operational changes, the Officer in 
Charge, Marine Inspection, shall determine if the vessel is still 
eligible to retain its designation as an oceanographic research vessel.

[CGD 77-081, 46 FR 56202, Nov. 16, 1981, as amended by CGD 95-028, 62 FR 
51195, Sept. 30, 1997]



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.

[[Page 40]]



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.
4.03-60 Noxious liquid substance (NLS).
4.03-65 Significant harm to the environment.
4.03-70 Tank vessel.

            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.
4.05-2 Incidents involving foreign tank vessels.
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.
4.05-40 Alternate electronic means of reporting.

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

4.06-1 Responsibilities of the marine employer.
4.06-3 Requirements for alcohol and drug testing following a serious 
          marine incident.
4.06-5 Responsibility of individuals directly involved in serious marine 
          incidents.
4.06-15 Accessibility of chemical testing devices.
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.
4.06-70 Penalties.

                       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.
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.

[[Page 41]]

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, 2303a, 
2306, 6101, 6301, and 6305; 50 U.S.C. 198; Department of Homeland 
Security Delegation No. 0170.1. Subpart 4.40 issued under 49 U.S.C. 
1903(a)(1)(E).

    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(a)(5) 
or Sec. 4.05-1(a)(6).
    (c) Vessels are excluded from the requirements of Sec. 4.05-1(a)(5) 
and (a)(6) with respect to the death or injury of shipyard or harbor 
workers when such accidents are not the result of either a vessel 
casualty (e.g., collision) or a vessel equipment casualty (e.g., cargo 
boom failure) and are subject to the reporting requirements of 
Occupational Safety and Health Administration (OSHA) under 29 CFR 1904.
    (d) Except as provided in subpart 4.40, public vessels are excluded 
from the requirements of this part.

[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; CGD 95-028, 62 FR 
51195, Sept. 30, 1997; USCG-2000-7790, 65 FR 58458, Sept. 29, 2000]



                        Subpart 4.03_Definitions



Sec. 4.03-1  Marine casualty or accident.

    Marine casualty or accident means--
    (a) Any casualty or accident involving any vessel other than a 
public vessel that--
    (1) Occurs upon the navigable waters of the United States, its 
territories or possessions;
    (2) Involves any United States vessel wherever such casualty or 
accident occurs; or
    (3) With respect to a foreign tank vessel operating in waters 
subject to the jurisdiction of the United States, including the 
Exclusive Economic Zone (EEZ), involves significant harm to the 
environment or material damage affecting the seaworthiness or efficiency 
of the vessel.
    (b) The term ``marine casualty or accident'' applies to events 
caused by or

[[Page 42]]

involving a vessel and includes, but is not limited to, the following:
    (1) Any fall overboard, injury, or loss of life of any person.
    (2) Any occurrence involving a vessel that results in--
    (i) Grounding;
    (ii) Stranding;
    (iii) Foundering;
    (iv) Flooding;
    (v) Collision;
    (vi) Allision;
    (vii) Explosion;
    (viii) Fire;
    (ix) Reduction or loss of a vessel's electrical power, propulsion, 
or steering capabilities;
    (x) Failures or occurrences, regardless of cause, which impair any 
aspect of a vessel's operation, components, or cargo;
    (xi) Any other circumstance that might affect or impair a vessel's 
seaworthiness, efficiency, or fitness for service or route; or
    (xii) Any incident involving significant harm to the environment.
    (3) Any occurrences of injury or loss of life to any person while 
diving from a vessel and using underwater breathing apparatus.
    (4) Any incident described in Sec. 4.05-1(a).

[USCG-2000-6927, 70 FR 74675, Dec. 16, 2005]



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(a)(7) of this 
part, in excess of $100,000;
    (4) Actual or constructive total loss of any vessel subject to 
inspection under 46 U.S.C. 3301; or
    (5) Actual or constructive total loss of any self-propelled vessel, 
not subject to inspection under 46 U.S.C. 3301, of 100 gross tons or 
more.
    (b) A discharge of oil of 10,000 gallons or more into the navigable 
waters of the United States, as defined in 33 U.S.C. 1321, whether or 
not resulting from a marine casualty.
    (c) A discharge of a reportable quantity of a hazardous substance 
into the navigable waters of the United States, or a release of a 
reportable quantity of a hazardous substance into the environment of the 
United States, whether or not resulting from a marine casualty.

[CGD 86-067, 53 FR 47077, Nov. 21, 1988, as amended by CGD 97-057, 62 FR 
51041, Sept. 30, 1997]



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

[[Page 43]]

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 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.

    Public vessel means a vessel that--
    (a) Is owned, or demise chartered, and operated by the U.S. 
Government or a government of a foreign country, except a vessel owned 
or operated by the Department of Transportation or any corporation 
organized or controlled by the Department (except a vessel operated by 
the Coast Guard or Saint Lawrence Seaway Development Corporation); and
    (b) Is not engaged in commercial service.

[CGD 95-028, 62 FR 51195, Sept. 30, 1997]



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]



Sec. 4.03-60  Noxious liquid substance (NLS).

    Noxious liquid substance (NLS) means--
    (a) Each substance listed in 33 CFR 151.47 or 151.49;
    (b) Each substance having an ``A,'' ``B,'' ``C,'' or ``D'' beside 
its name in

[[Page 44]]

the column headed ``IMO Annex II pollution category'' in table 1 of part 
153 of this chapter; and
    (c) Each substance that is identified as an NLS in a written 
permission issued under Sec. 153.900(d) of this chapter.

[USCG-2000-6927, 70 FR 74676, Dec. 16, 2005]



Sec. 4.03-65  Significant harm to the environment.

    Significant harm to the environment means--
    (a) In the navigable waters of the United States, a discharge of oil 
as set forth in 40 CFR 110.3 or a discharge of hazardous substances in 
quantities equal to or exceeding, in any 24-hour period, the reportable 
quantity determined in 40 CFR part 117;
    (b) In other waters subject to the jurisdiction of the United 
States, including the EEZ--
    (1) A discharge of oil in excess of the quantities or instantaneous 
rate permitted in 33 CFR 151.10 or 151.13 during operation of the ship; 
or
    (2) A discharge of noxious liquid substances in bulk in violation of 
Sec. Sec. 153.1126 or 153.1128 of this chapter during the operation of 
the ship; and
    (c) In waters subject to the jurisdiction of the United States, 
including the EEZ, a probable discharge of oil, hazardous substances, 
marine pollutants, or noxious liquid substances. The factors you must 
consider to determine whether a discharge is probable include, but are 
not limited to--
    (1) Ship location and proximity to land or other navigational 
hazards;
    (2) Weather;
    (3) Tide current;
    (4) Sea state;
    (5) Traffic density;
    (6) The nature of damage to the vessel; and
    (7) Failure or breakdown aboard the vessel, its machinery, or 
equipment.

[USCG-2000-6927, 70 FR 74676, Dec. 16, 2005]



Sec. 4.03-70   Tank vessel.

    Tank vessel means a vessel that is constructed or adapted to carry, 
or that carries, oil, hazardous substances, marine pollutants, or 
noxious liquid substances, in bulk as cargo or cargo residue.

[USCG-2000-6927, 70 FR 74676, Dec. 16, 2005]



            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 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 1625-0048)

[CGD 85-015, 51 FR 19341, May 29, 1986, as amended by USCG-2006-25697, 
71 FR 55745, Sept. 25, 2006]



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

[[Page 45]]

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 1625-0048)

[CGD 85-015, 51 FR 19341, May 29, 1986, as amended by USCG-2006-25697, 
71 FR 55745, Sept. 25, 2006]



        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 Sector 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 (8);
    (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.
    (8) An occurrence involving significant harm to the environment as 
defined in Sec. 4.03-65.
    (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.
    (c) Except as otherwise required under this subpart, if the marine 
casualty exclusively involves an occurrence or occurrences described by 
paragraph (a)(8) of this section, a report made pursuant to 33 CFR 
153.203, 40 CFR 117.21, or 40 CFR 302.6 satisfies the immediate 
notification requirement of this section.

[CGD 94-030, 59 FR 39471, Aug. 3, 1994, as amended by USCG-2000-6927, 70 
FR 74676, Dec. 16, 2005; USCG-2006-25556, 72 FR 36330, July 2, 2007]



Sec. 4.05-2  Incidents involving foreign tank vessels.

    (a) Within the navigable waters of the United States, its 
territories, or possessions. The marine casualty reporting and 
investigation criteria of this part apply to foreign tank vessels 
operating on the navigable waters of the United States, its territories, 
or possessions. A written marine casualty report must be submitted under 
Sec. 4.05-10 of this chapter.
    (b) Outside the U.S. navigable waters and within the Exclusive 
Economic Zone (EEZ). The owner, agent, master, operator, or person in 
charge of a foreign tank vessel involved in a marine casualty must 
report under procedures detailed in 33 CFR 151.15, immediately after 
addressing resultant safety concerns, whenever the marine casualty 
involves, or results in--
    (1) Material damage affecting the seaworthiness or efficiency of the 
vessel; or
    (2) An occurrence involving significant harm to the environment as a 
result of a discharge, or probable discharge, resulting from damage to 
the vessel or its equipment. The factors

[[Page 46]]

you must consider to determine whether a discharge is probable include, 
but are not limited to--
    (i) Ship location and proximity to land or other navigational 
hazards;
    (ii) Weather;
    (iii) Tide current;
    (iv) Sea state;
    (v) Traffic density;
    (vi) The nature of damage to the vessel; and
    (vii) Failure or breakdown aboard the vessel, its machinery, or 
equipment.

[USCG-2000-6927, 70 FR 74676, Dec. 16, 2005]



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 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 required 
to be reported under Sec. 4.05-1. 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 Sector 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 report required by paragraph (a) of this section suffices 
as the notice required by Sec. 4.05-1(a).

[CGD 94-030, 63 FR 19192, Apr. 17, 1998, as amended by USCG-2006-25556, 
72 FR 36330, July 2, 2007]



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

[[Page 47]]

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 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]



Sec. 4.05-40  Alternate electronic means of reporting.

    The Commandant may approve alternate electronic means of submitting 
notices and reports required under this subpart.

[USCG-1999-6216, 64 FR 53223, Oct. 1, 1999]



    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 as 
required in this part.
    (c) The marine employer determines which individuals are directly 
involved in a serious marine incident (SMI). A law enforcement officer 
may determine that additional individuals are directly involved in the 
SMI. In these cases, the marine employer must take all practical steps 
to have these additional individuals tested according to this part.

[[Page 48]]

    (d) The requirements of this subpart do not prevent personnel who 
are required to be tested from performing duties in the aftermath of an 
SMI when their performance is necessary to respond to safety concerns 
directly related to the incident.
    (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.

[CGD 86-067, 53 FR 47078, Nov. 21, 1988, as amended by USCG-2000-7759, 
66 FR 42967, Aug. 16, 2001; USCG-2001-8773, 70 FR 75960, Dec. 22, 2005]



Sec. 4.06-3  Requirements for alcohol and drug testing following a

serious marine incident.

    When a marine employer determines that a casualty or incident is, or 
is likely to become, an SMI, the marine employer must ensure that the 
following alcohol and drug testing is conducted:
    (a) Alcohol testing. (1) Alcohol testing must be conducted on each 
individual engaged or employed on board the vessel who is directly 
involved in the SMI.
    (i) The alcohol testing of each individual must be conducted within 
2 hours of when the SMI occurred, unless precluded by safety concerns 
directly related to the incident.
    (ii) If safety concerns directly related to the SMI prevent the 
alcohol testing from being conducted within 2 hours of the occurrence of 
the incident, then alcohol testing must be completed as soon as the 
safety concerns are addressed.
    (iii) Alcohol testing is not required to be conducted more than 8 
hours after the occurrence of the SMI.
    (2) Alcohol-testing devices must be used according to the procedures 
specified by the manufacturer of the testing device and by this part.
    (3) If the alcohol testing required in paragraphs (a)(1)(i) and 
(a)(1)(ii) of this section is not conducted, the marine employer must 
document on form CG-2692B the reason why the testing was not conducted.
    (4) The marine employer may use alcohol-testing results from tests 
conducted by Coast Guard or local law enforcement personnel to satisfy 
the alcohol testing requirements of this part only if the alcohol 
testing meets all of the requirements of this part.
    (b) Drug testing. (1) Drug testing must be conducted on each 
individual engaged or employed on board the vessel who is directly 
involved in the SMI.
    (i) The collection of drug-test specimens of each individual must be 
conducted within 32 hours of when the SMI occurred, unless precluded by 
safety concerns directly related to the incident.
    (ii) If safety concerns directly related to the SMI prevent the 
collection of drug-test specimens from being conducted within 32 hours 
of the occurrence of the incident, then the collection of drug-test 
specimens must be conducted as soon as the safety concerns are 
addressed.
    (2) If the drug-test specimens required in paragraphs (b)(1)(i) and 
(b)(1)(ii) of this section were not collected, the marine employer must 
document on form CG-2692B the reason why the specimens were not 
collected.

[USCG-2001-8773, 70 FR 75960, Dec. 22, 2005]



Sec. 4.06-5  Responsibility 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 an SMI must provide a blood, 
breath, saliva, or urine specimen for chemical testing when directed to 
do so by the marine employer or a law enforcement officer.
    (b) If the individual refuses to provide a blood, breath, saliva, or 
urine specimen, this refusal must be noted on form CG-2692B and in the 
vessel's official log book, if a log book is required. The marine 
employer must remove the individual as soon as practical from duties 
that directly affect the safe operation of the vessel.
    (c) Individuals subject to alcohol testing after an SMI are 
prohibited from consuming alcohol beverages for 8 hours following the 
occurrence of the SMI or until after the alcohol testing required by 
this part is completed.

[[Page 49]]

    (d) No individual may be compelled to provide specimens for alcohol 
and drug testing required by this part. However, refusal to provide 
specimens is a violation of this subpart and may subject the individual 
to suspension and revocation proceedings under part 5 of this chapter, a 
civil penalty, or both.

[USCG-2001-8773, 70 FR 75961, Dec. 22, 2005]



Sec. 4.06-15  Accessibility of chemical testing devices.

    (a) Alcohol testing. (1) The marine employer must have a sufficient 
number of alcohol testing devices readily accessible on board the vessel 
to determine the presence of alcohol in the system of each individual 
who was directly involved in the SMI.
    (2) All alcohol testing devices used to meet the requirements of 
this part must be currently listed on either the Conforming Products 
List (CPL) titled ``Modal Specifications for Devices To Measure Breath 
Alcohol'' or ``Conforming Products List of Screening Devices To Measure 
Alcohol in Bodily Fluids,'' which are published periodically in the 
Federal Register by National Highway Traffic Safety Administration 
(NHTSA).
    (3) The alcohol testing devices need not be carried on board each 
vessel if obtaining the devices and conducting the required alcohol 
tests can be accomplished within 2 hours from the time of occurrence of 
the SMI.
    (b) Drug testing. (1) The marine employer must have a sufficient 
number of urine-specimen collection and shipping kits meeting the 
requirements of 49 CFR part 40 that are readily accessible for use 
following SMIs.
    (2) The specimen collection and shipping kits need not be carried on 
board each vessel if obtaining the kits and collecting the specimen can 
be completed within 32 hours from the time of the occurrence of the SMI.

[USCG-2001-8773, 70 FR 75961, Dec. 22, 2005]



Sec. 4.06-20  Specimen collection requirements.

    (a) Alcohol testing. (1) When conducting alcohol testing required in 
Sec. 4.06-3(a), an individual determined under this part to be directly 
involved in the SMI must provide a specimen of their breath, blood, or 
saliva to the marine employer as required in this subpart.
    (2) Collection of an individual's blood to comply with Sec. 4.06-
3(a) must be taken only by qualified medical personnel.
    (3) Collection of an individual's saliva or breath to comply with 
Sec. 4.06-3(a) must be taken only by personnel trained to operate the 
alcohol-testing device in use and must be conducted according to this 
subpart.
    (b) Drug testing. (1) When conducting drug testing required in Sec. 
4.06-3(b), an individual determined under this part to be directly 
involved in the SMI must provide a specimen of their urine according to 
46 CFR part 16 and 49 CFR part 40.
    (2) Specimen collection and shipping kits used to conduct drug 
testing must be used according to 49 CFR part 40.

[USCG-2001-8773, 70 FR 75961, Dec. 22, 2005]



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).

[[Page 50]]



Sec. 4.06-40  Specimen handling and shipping.

    (a) The marine employer shall ensure that blood specimens collected 
in accordance with Sec. Sec. 4.06-20 and 4.06-30 are promptly shipped 
to a testing laboratory qualified to conduct tests on such specimens. A 
proper chain of custody must be maintained for each specimen from the 
time of collection through the authorized disposition of the specimen. 
Blood specimens must be shipped to the laboratory in a cooled condition 
by any means adequate to ensure delivery within twenty-four (24) hours 
of receipt by the carrier.
    (b) The marine employer shall ensure that the urine specimen 
collection procedures of Sec. 16.113 of this chapter and the chain of 
custody requirements of 49 CFR part 40, subpart D, are complied with. 
The marine employer shall ensure that urine specimens required by 
Sec. Sec. 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.

[CGD 86-067, 53 FR 47078, Nov. 21, 1988, as amended by USCG-2000-7759, 
66 FR 42967, Aug. 16, 2001]



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 40.121, as designated by the marine employer 
submitting the specimen for testing. Wherever a urinalysis report 
indicates the presence of a dangerous drug or drug metabolite, the 
Medical Review Officer shall review the report as required by 49 CFR 
part 40, subpart G, and submit his or her findings to the marine 
employer. Blood test reports indicating the presence of alcohol shall be 
similarly reviewed to determine if there is a legitimate medical 
explanation.
    (c) Analysis results which indicate the presence of alcohol, 
dangerous drugs, or drug metabolites shall not be construed by 
themselves as constituting a finding that use of drugs or alcohol was 
the probable cause of a serious marine incident.

[CGD 86-067, 53 FR 47078, Nov. 21, 1988, as amended by CGD 90-053, 58 FR 
31107, May 28, 1993; USCG-2000-7759, 66 FR 42967, Aug. 16, 2001]



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 Serious Marine Incident).
    (b) When the serious marine incident requires the submission of Form 
CG-2692 (Report of Marine Casualty, Injury or Death) to the Coast Guard 
in accordance with 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.
    (e) The Commandant may approve alternate electronic means of 
submitting reports and test results as required under paragraphs (a) 
through (d) of this section.

[CGD 86-067, 53 FR 47078, Nov. 21, 1988, as amended by CGD 97-057, 62 FR 
51041, Sept. 30, 1997; USCG-1999-6216, 64 FR 53223, Oct. 1, 1999]

[[Page 51]]



Sec. 4.06-70  Penalties.

    Violation of this part is subject to the civil penalties set forth 
in 46 U.S.C. 2115.

[USCG-2001-8773, 70 FR 75961, Dec. 22, 2005]



                       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 the law on the 
part of any licensed or certificated person contributed to the casualty, 
so that appropriate proceedings against the license or certificate of 
such person may be recommended and taken under 46 U.S.C. 6301;
    (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.

[CGD 74-119, 39 FR 33317, Sept. 17, 1974, as amended by CGD 97-057, 62 
FR 51041, Sept. 30, 1997]



Sec. 4.07-5  Investigating officers, powers of.

    (a) An investigating officer investigates each marine casualty or 
accident reported under Sec. Sec. 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 endorsement stating:
    (1) Approval or otherwise of the findings of fact, conclusions and 
recommendations;
    (2) Any action taken with respect to the recommendations;
    (3) Whether or not any action has been or will be taken under part 5 
of this subchapter to suspend or revoke licenses or certificates; and,

[[Page 52]]

    (4) Whether or not violations of laws or regulations relating to 
vessels have been reported on Form CG-2636, report of violation of 
navigation laws.
    (b) At the conclusion of the investigation, the investigating 
officer shall submit the report described in paragraph (a) of this 
section, to the Commandant via the Merchant Marine Detail Officer or the 
Officer in Charge, Marine Inspection, and the Commander, Coast Guard MIO 
Europe for a European port or Commander, Fourteenth Coast Guard for an 
Asian or Pacific port. The Merchant Marine Detail Officer or the Officer 
in Charge, Marine Inspection, and Commander, Coast Guard MIO Europe or 
Commander, Fourteenth Coast Guard District shall forward the 
investigating officer's report to the Commandant with the endorsement 
described in paragraphs (a) (1) through (4) of this section.

[CGD 74-119, 39 FR 33317, Sept. 17, 1974, as amended by CGD 75-196, 41 
FR 18655, May 6, 1976; CGD 97-057, 62 FR 51042, Sept. 30, 1997]



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 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

[[Page 53]]

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 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.

[[Page 54]]



                 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]



        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]

[[Page 55]]



                  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.



                    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.

[CGD 74-119, 39 FR 33317, Sept. 17, 1974, as amended by USCG-2004-18884, 
69 FR 58341, Sept. 30, 2004]



  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 investigation in which the Coast Guard also has 
responsibility under 46 U.S.C. Chapter 63, the proceedings are conducted 
independently but so as to avoid duplication as much as possible.

[CGD 76-149, 42 FR 61200, Dec. 1, 1977, as amended by CGD 95-028, 62 FR 
51195, Sept. 30, 1997]



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. 1131).
    (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;

[[Page 56]]

    (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.

[CGD 76-149, 42 FR 61200, Dec. 1, 1977, as amended by CGD 95-028, 62 FR 
51195, Sept. 30, 1997]



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 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]

[[Page 57]]



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 an 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 46 U.S.C. Chapter 63.

[CGD 76-149, 42 FR 61200, Dec. 1, 1977, as amended by CGD 95-028, 62 FR 
51195, Sept. 30, 1997; USCG-2004-18884, 69 FR 58341, Sept. 30, 2004]



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 Sec. Sec. 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_Purpose

Sec.
5.3 Purpose of regulations.
5.5 Purpose of administrative actions.

                          Subpart B_Definitions

5.11 Officer in Charge, Marine Inspection.
5.15 Investigating Officer.
5.19 Administrative Law Judge.
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.
5.55 Time limitations for service of a complaint.
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.
5.65 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 Course of action available.
5.107 Service of complaints.

   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_Subpoenas

5.301 Issuance of subpoenas.
5.303 Service of subpoenas on behalf of the respondent.
5.305 Quashing a subpoena.
5.307 Enforcement.

[[Page 58]]

5.309 Proof of service

                         Subpart G_Witness Fees

5.401 Payment of witness fees and allowances.

                           Subpart H_Hearings

5.501 General.
5.521 Verification of license, certificate or document.
5.567 Order.
5.569 Selection of an appropriate order.

Subpart I [Reserved]

                            Subpart J_Appeals

5.701 Appeals in general.
5.707 Stay of effect of decision and order of Administrative Law Judge 
          on appeal to the Commandant; temporary license, certificate, 
          or document.
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; Department of Homeland 
Security Delegation No. 0170.1.

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



                            Subpart A_Purpose



Sec. 5.3  Purpose of regulations.

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

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-1998-3472, 64 
FR 28075, May 24, 1999]



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  Officer in Charge, Marine Inspection.

    Officer in Charge, Marine Inspection (OCMI) for the purposes of part 
5 means the officer or individual so designated at one of the Regional 
Examination Centers, or any person so designated by the Commandant.

[USCG-2006-25535, 71 FR 48482, Aug. 21, 2006]



Sec. 5.15  Investigating Officer.

    An investigating officer is a Coast Guard official designated by the 
Commandant, a 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 applying for 
or holding merchant mariner's documents, licenses, certificates or 
credentials issued by the Coast Guard. An Officer in Charge, Marine 
Inspection is an investigating officer without further designation.

[USCG-2006-25535, 71 FR 48482, Aug. 21, 2006]



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,

[[Page 59]]

certificate or document issued to a person by the Coast Guard under any 
navigation or shipping law.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2004-18884, 
69 FR 58341, Sept. 30, 2004]



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 complaint must state the specific statute or regulation by 
title and section number, and the particular manner in which it was 
allegedly violated.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-1998-3472, 64 
FR 28075, May 24, 1999; USCG-2004-18884, 69 FR 58342, Sept. 30, 2004]



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 complaint will allege conviction for a dangerous 
drug law violation or use of dangerous drugs or addiction to the use of 
dangerous drugs, depending upon the circumstances and 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.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-1998-3472, 64 
FR 28075, May 24, 1999]



            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. 5.55  Time limitations for service of a complaint.

    (a) The time limitations for service of a complaint upon the holder 
of a license, certificate or document are as follows:
    (1) When based exclusively on 46 U.S.C. 7704, service shall be 
within 10 years after the date of conviction, or at anytime if the 
person charged is a user of or addicted to the use of a dangerous drug.
    (2) For one of the misconduct offenses specified in 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

[[Page 60]]

by reason of being in prison or hospitalized.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-1998-3472, 64 
FR 28075, May 24, 1999]



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 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. 5.65  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.

[[Page 61]]



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 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 subpoenas 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) Issue complaint.
    (b) Accept voluntary surrender of a license, certificate or 
document.
    (c) Accept voluntary deposit of a license, certificate or document.
    (d) Refer the case to others for further action. The investigating 
officer may refer the case to the Commandant or to an Officer in Charge, 
Marine Inspection, at any port for completion of administrative action 
if an adequate basis for action is found and the person under 
investigation and/or witnesses are not locally available.
    (e) Give a written warning. The investigating officer may give a 
warning to any person holding a license, certificate or document. 
Refusal to accept the written warning will normally result in a 
withdrawal of the warning and the preferral of charges. An unrejected 
warning will become a part of the person's record.
    (f) Close the case.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-1998-3472, 64 
FR 28075, May 24, 1999]



Sec. 5.107  Service of complaints.

    (a) When the investigating officer determines that an S&R proceeding 
is appropriate, he or she shall prepare and serve a complaint in 
accordance with 33 CFR part 20.
    (b) When the investigating officer serves the complaint, he or she 
shall also advise the respondent--
    (1) Of the nature of S&R proceedings and their possible results;
    (2) Of the right to be represented at the hearing by another person, 
who may, but need not, be a lawyer;
    (3) Of the right to obtain witnesses, records, and other evidence by 
subpoena; and

[[Page 62]]

    (4) That failure or refusal to answer the complaint or to appear at 
the time, date, and place specified for the hearing may result in a 
finding of default, which will constitute an admission of the facts 
alleged in the complaint and the waiver of his or her right to a 
hearing.

[USCG-1998-3472, 64 FR 28075, May 24, 1999]



   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, 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

[[Page 63]]

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 Sec. Sec. 5.901 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_Subpoenas



Sec. 5.301  Issuance of subpoenas.

    (a) Every subpoena shall command the person to whom it is directed 
to appear at a specified time and place to give testimony or to produce 
books, papers, documents, or any other evidence, which shall be 
described with such particularity as necessary to identify what is 
desired.
    (b) The investigating officer may issue subpoenas for the attendance 
of witnesses or for the production of books, papers, documents, or any 
other relevant evidence needed by the investigating officer or by the 
respondent.
    (c) After charges have been served upon the respondent the 
Administrative Law Judge may, either on the Administrative Law Judge's 
own motion or the motion of the investigating officer or respondent, 
issue subpoenas for the attendance and the giving of testimony by 
witnesses or for the production of books, papers, documents, or any 
other relevant evidence.



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

    Service of subpoenas issued on behalf of the respondent is the 
responsibility of the respondent. However, if the Administrative Law 
Judge finds that the respondent or respondent's counsel is physically 
unable to effect the service, 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 subpoena is peculiarly within 
the authority of the Coast Guard to overcome, the Administrative Law 
Judge will have the subpoena delivered to an investigating officer 
participating in the case for the purpose of effecting service.



Sec. 5.305  Quashing a subpoena.

    Any person subpoenaed to appear to produce evidence at a hearing may 
request that the subpoena be quashed or modified using the procedures in 
33 CFR 20.609.

[USCG-1998-3472, 64 FR 28075, May 24, 1999]



Sec. 5.307  Enforcement.

    Upon application and for good cause shown, or upon its own 
initiative, the Coast Guard will seek judicial enforcement of subpoenas 
issued by investigating officers or Administrative Law Judges. This is 
done by making application to the United States District Court, through 
the office of the appropriate U.S. Attorney, to issue an order 
compelling the attendance of, and/or giving of testimony by, witnesses, 
or for the production of books, papers, documents, or any other relevant 
evidence.



Sec. 5.309  Proof of service.

    (a) The person serving a subpoena shall make a written statement 
setting forth the date, time and manner of service and shall return such 
report with or on a copy of the subpoena to the investigating officer or 
Administrative Law Judge who issued it. In case of failure to make 
service of a subpoena, the person assigned to serve

[[Page 64]]

such subpoena shall make a written statement setting forth the reasons 
the subpoena was not served. The statement should be placed on the 
subpoena or attached to it and returned to the investigating office or 
Administrative Law Judge who issued the subpoena.
    (b) When service of a subpoena is made by certified mail with return 
receipt to be signed by the addressee only, the person mailing the 
subpoena shall make a written statement on a copy of the subpoena or 
attached to it, setting forth the date, time and location of the post 
office where mailed, the post office number assigned thereto. If 
delivered, the receipt requested shall be returned, by the person 
receiving the receipt, to the investigating officer or Administrative 
Law Judge who issued the subpoena. In case the subpoena is not 
delivered, any information reported by the post office regarding non-
delivery shall be given to the investigating officer or Administrative 
Law Judge who issued the subpoena.



                         Subpart G_Witness Fees



Sec. 5.401  Payment of witness fees and allowances.

    (a) Duly subpoenaed witnesses, other than Federal government 
employees, may apply for payment of their attendance as witnesses at an 
investigation or hearing conducted pursuant to this part by submitting a 
request for payment (Standard Form 1157) accompanied by any necessary 
receipts.
    (b) Fees and allowances will be paid as provided by 28 U.S.C. 1821, 
except that a person called to testify as an expert witness may be paid 
a higher fee to be fixed by the District Commander.

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



                           Subpart H_Hearings



Sec. 5.501  General.

    A hearing concerning the suspension or revocation of a merchant 
mariner's license, certificate of registry, or document is a formal 
adjudication under the Administrative Procedure Act (APA) (5 U.S.C. 551, 
et seq.). It is presided over by, and conducted under the exclusive 
control of, an ALJ in accordance with applicable requirements in the 
APA, the rules in this part, and the rules of administrative practice at 
33 CFR part 20. The ALJ shall regulate and conduct the hearing so as to 
bring out all the relevant and material facts and to ensure a fair and 
impartial hearing.

[USCG-1998-3472, 64 FR 28075, May 24, 1999]



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 Administrative Law Judge shall warn the 
respondent that a willful misstatement of any material item in such 
affidavit is punishable as a violation of a Federal criminal statute. 
(See 18 U.S.C. 1001).
    (b) When a hearing is continued or delayed, the Administrative Law 
Judge returns the license, certificate, or document to the respondent: 
unless a prima facie case has been established that the respondent 
committed an act or offense which shows that the respondent's service on 
a vessel would constitute a definite danger to public health, interest 
or safety at sea.

[CGD82-002, 50 FR 32184, Aug. 9, 1985, as amended by CGD 97-057, 62 FR 
51042, Sept. 30, 1997]



Sec. 5.567  Order.

    (a) The Administrative Law Judge enters an order which recites the 
disposition of the case. When the finding is not proved, the 
Administrative Law Judge issues an order dismissing the proceeding with 
or without prejudice to refile. When the finding is proved, the 
Administrative Law Judge may order an admonition, suspension with or 
without probation, or revocation.

[[Page 65]]

    (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.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-1998-3472, 64 
FR 28075, May 24, 1999]



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 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.

[[Page 66]]

 
  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 take chemical drug test.  12-24
  Refusal to take required alcohol     12-24
   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; USCG-2000-7759, 66 FR 42967, Aug. 16, 2001]

Subpart I [Reserved]



                            Subpart J_Appeals



Sec. 5.701  Appeals in general.

    A party may appeal the decision of an ALJ under the procedures in 
subpart J of 33 CFR part 20. A party may appeal only the following 
issues:
    (a) Whether each finding of fact rests on substantial evidence.
    (b) Whether each conclusion of law accords with applicable law, 
precedent, and public policy.
    (c) Whether the ALJ committed any abuses of discretion.
    (d) The ALJ's denial of a motion for his or her disqualification.

[USCG-1998-3472, 64 FR 28075, May 24, 1999]



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 ALJ unless the hearing 
transcript has been forwarded to the Commandant, in which case, the 
Commandant will make the 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.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2004-18884, 
69 FR 58342, Sept. 30, 2004]

[[Page 67]]



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 the hearing, together with all papers and exhibits 
filed, shall constitute the record for consideration and review.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2004-18884, 
69 FR 58342, Sept. 30, 2004]



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.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2004-18884, 
69 FR 58342, Sept. 30, 2004]

[[Page 68]]



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, 
Sector Offices and Marine Inspection Offices. (See 33 CFR subpart 1.10.)

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended byUSCG-2006-25556, 72 
FR 36330, July 2, 2007]



  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. Sec. 5.59 or 5.61(a) may, after one 
year, apply for the issuance of a new license, certificate or document.
    (d) For a person whose license, certificate, or document has been 
revoked or surrendered for the wrongful simple possession or use of 
dangerous drugs, the three year time period may be waived by the 
Commandant upon a showing that the individual:
    (1) Has successfully completed a bona fide drug abuse rehabilitation 
program;
    (2) Has demonstrated complete non-association with dangerous drugs 
for a minimum of one year following completion of the rehabilitation 
program and;
    (3) Is actively participating in a bona fide drug abuse monitoring 
program.
    (e) For a person whose license, certificate or document has been 
revoked or surrendered for offenses related to alcohol abuse, the 
waiting period may be waived by the Commandant upon a showing that the 
individual has successfully completed a bona fide alcohol abuse 
rehabilitation program and is actively participating in a bona fide 
alcohol abuse monitoring program.
    (f) The waivers specified under subparagraphs (d) or (e) of this 
section may only be granted once to each person.

[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;
    (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

[[Page 69]]

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 

REGULATIONS \1\--Table of Contents



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

    \1\ This 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.

    Authority: Act Dec. 27, 1950, Ch. 1155, secs. 1, 2, 64 Stat. 1120 
(see 46 U.S.C. App. note prec. 1); Department of Homeland Security 
Delegation No. 0170.1.



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 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

[[Page 70]]

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; USCG-
2004-18884, 69 FR 58342, Sept. 30, 2004]



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 chapter I or in 
this chapter, to the extent necessary to permit the operation of vessels 
which might be requisitioned by the United States for the purpose of 
emergency evacuation.

[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 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

[[Page 71]]

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; USCG-2004-
18884, 69 FR 58342, Sept. 30, 2004]



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

    (a) Compliance is hereby waived with regard to the provisions of 46 
U.S.C. 10311(c), to the extent necessary to permit the Commandant of the 
United States Coast Guard to issue a chronological record of a seaman's 
previous employment on a single document, in lieu of making individual 
entry in a duplicate continuous discharge book or furnishing individual 
certificates of discharge.
    (b) It is hereby found that the waiving of the provisions of 46 
U.S.C. 10311(c), 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, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997]



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.

[[Page 72]]

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, 1222; Department of 
Homeland Security Delegation No. 0170.1.

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

                                 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. 5102(b)(6), which exempt from load line requirements certain 
vessels on domestic voyages; 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.''

[CGD 81-058, 50 FR 25230, June 18, 1985, as amended by CGD 95-028, 62 FR 
51195, Sept. 30, 1997; USCG-1998-4442, 63 FR 52188, Sept. 30, 1998]



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 12 nautical 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.

[CGD 81-058, 50 FR 25230, June 18, 1985, as amended by USCG-2001-9044, 
68 FR 42602, July 18, 2003]

                             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[min]45[sec] N. longitude 66[deg]58[min]30[sec] W.; 
thence to the range marker located in approximate position latitude 
44[deg]51[min]45[sec] N. longitude 66[deg]59[sec] W.

[[Page 73]]

    (b) A line drawn from West Quoddy Head Light to latitude 
44[deg]48.5[min] N. longitude 66[deg]56.4[min] W. (Sail Rock Lighted 
Whistle Buoy ``1''); thence to latitude 44[deg]37.5[min] N. longitude 
67[deg]09.8[min] W. (Little River Lighted Whistle Buoy ``2LR''); thence 
to latitude 44[deg]14.5[min] N. longitude 67[deg]57.2[min] 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[min] N. longitude 70[deg]05.5[min] W. (Portland 
Lighted Horn Buoy ``P''); thence to Boon Island Light; thence to 
latitude 42[deg]37.9[min] N. longitude 70[deg]31.2[min] W. (Cape Ann 
Lighted Whistle Buoy ``2'').



Sec. 7.15  Massachusetts Bay, MA.

    A line drawn from latitude 42[deg]37.9[min] N. longitude 
70[deg]31.2[min] W. (Cape Ann Lighted Whistle Buoy ``2'') to latitude 
42[deg]22.7[min] N. longitude 70[deg]47.0[min] 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[min] N. 
longitude 69[deg]51.1[min] W. (Pollack Rip Entrance Lighted Horn Buoy 
``PR''); thence to latitude 41[deg]26.0[min] N. longitude 
69[deg]46.2[min] 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 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[min] N. longitude 74[deg]32.2[min] W. to the 
northeasternmost point of Ocean City at latitude 39[deg]17.6[min] N. 
longitude 74[deg]33.1[min] 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[min] N.

[[Page 74]]

longitude 74[deg]51.4[min] W. (Cape May Harbor Inlet Lighted Bell Buoy 
``2CM''); thence to latitude 38[deg]48.9[min] N. longitude 
75[deg]02.3[min] 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[min] N. longitude 
75[deg]02.8[min] 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[min] N. longitude 75[deg]05.0[min] W. (Ocean City Inlet 
Entrance Lighted Buoy ``4''); thence to latitude 38[deg]19.3[min] N. 
longitude 75[deg]05.1[min] 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[min] N. longitude 75[deg]24.9[min] W. (Chincoteague Inlet 
Lighted Bell Buoy ``CI''); thence to the tower charted at latitude 
37[deg]52.6[min] N. longitude 75[deg]26.7[min] W.
    (d) A line drawn from the southernmost extremity of Cedar Island to 
latitude 37[deg]34.7[min] N. longitude 75[deg]36.0[min] 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[min] N. longitude 75[deg]40.5[min] W.



Sec. 7.50  Chesapeake Bay and tributaries.

    A line drawn from Cape Charles Light to latitude 36[deg]56.8[min] N. 
longitude 75[deg]55.1[min] W. (North Chesapeake Entrance Lighted Gong 
Buoy ``NCD''); thence to latitude 36[deg]54.8[min] N. longitude 
75[deg]55.6[min] W. (Chesapeake Bay Entrance Lighted Bell Buoy ``CBC''); 
thence to latitude 36[deg]55.0[min] N. longitude 75[deg]58.0[min] 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[min] N. longitude 75[deg]56.7[min] W.; thence to Rudee Inlet 
Jetty Light ``1''.
    (b) A line drawn from Bodie Island Light to latitude 
35[deg]49.3[min] N. longitude 75[deg]31.9[min] 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[min] N. longitude 76[deg]00.8[min] W. to the 
northeasternmost extremity of Portsmouth Island at latitude 
35[deg]03.7[min] N. longitude 76[deg]02.3[min] 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[min] N. longitude 76[deg]40.6[min] 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[min] N. longitude 77[deg]48.0[min] W. 
(Masonboro Inlet Lighted Whistle Buoy ``A''); thence to the beach in 
approximate position latitude 34[deg]10[min] N. longitude 
77[deg]49.4[min] 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[min] N. longitude 78[deg]03.7[min] 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[min] N. longitude 
78[deg]32.6[min] W. to latitude 33[deg]50.3[min] N. longitude 
78[deg]32.5[min] 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[min] N. longitude 
78[deg]33.6[min] W.
    (c) A line drawn from the seaward extremity of Murrells Inlet north 
jetty to latitude 33[deg]31.5[min] N. longitude 79[deg]01.6[min] 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[min] 
N. longitude

[[Page 75]]

79[deg]05.4[min] 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[min] N. longitude 79[deg]42.9[min] W. (Charleston Lighted 
Whistle Buoy ``2C''); thence to Folly Island Loran Tower (latitude 
32[deg]41.0[min] N. longitude 79[deg]53.2[min] 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[min] N. longitude 79[deg]58.2[min] 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[min] N. longitude 80[deg]07.8[min] W. (North Edisto 
River Entrance Lighted Whistle Buoy ``2NE''); thence to Botany Bay 
Island in approximate position latitude 32[deg]33.1[min] N. longitude 
80[deg]12.7[min] W.
    (c) A line drawn from the microwave antenna tower on Edisto Beach 
charted in approximate position latitude 32[deg]29.3[min] N. longitude 
80[deg]19.2[min] W. across St. Helena Sound to the abandoned lighthouse 
tower on Hunting Island charted in approximate position latitude 
32[deg]22.5[min] N. longitude 80[deg]26.5[min] W.
    (d) A line drawn from the abandoned lighthouse on Hunting Island in 
approximate position latitude 32[deg]22.5[min] N. longitude 
80[deg]26.2[min] W. to latitude 32[deg]18[min] N. longitude 
80[deg]25[min] W.; thence to the standpipe on Fripp Island in 
approximate position latitude 32[deg]19[min] N. longitude 
80[deg]28.7[min] W.
    (e) A line drawn from the westernmost extremity of Bull Point on 
Capers Island to latitude 32[deg]04.8[min] N. longitude 80[deg]34.9[min] 
W. (Port Royal Sound Lighted Whistle Buoy ``2PR''); thence to the 
easternmost extremity of Hilton Head at latitude 32[deg]13.2[min] N. 
longitude 80[deg]40.1[min] W.



Sec. 7.75  Savannah River/Tybee Roads.

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



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[min] N. longitude 80[deg]58.5[min] W. to latitude 
31[deg]48.3[min] N. longitude 80[deg]56.8[min] W. (Ossabaw Sound North 
Channel Buoy ``OS''); thence to latitude 31[deg]39.3[min] N. longitude 
81[deg]02.3[min] W. (St. Catherines Sound Buoy ``St. C.''); thence to 
latitude 31[deg]31.2[min] N. longitude 81[deg]03.8[min] 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[min] N. longitude 81[deg]11.5[min] W. 
(Doboy Sound Lighted Buoy ``D''); thence to latitude 31[deg]04.1[min] N. 
longitude 81[deg]16.7[min] 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[min] N. longitude 
81[deg]16.7[min] W. (St. Simons Lighted Whistle Buoy ``ST S'') to 
latitude 30[deg]42.7[min] N. longitude 81[deg]19.0[min] 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[min] N. longitude 81[deg]22.9[min] 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[min] N. longitude 
81[deg]20.3[min] W. (St. Johns Lighted Whistle Buoy ``2 STJ''); thence 
to St. Johns Light.

[[Page 76]]



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[min] N. longitude 81[deg]15.3[min] 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[min] N. longitude 80[deg]54[min] 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[min] N. longitude 80[deg]32.2[min] W. 
(Canaveral Bight Wreck Lighted Buoy ``WR6''); thence to the radio tower 
on Canaveral Peninsula in approximate position latitude 28[deg]22.9[min] 
N. longitude 80[deg]36.6[min] 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[min] N. longitude 80[deg]16.2[min] 
W. (Fort Pierce Inlet Lighted Whistle Buoy ``2''); thence to the tank 
located in approximate position latitude 27[deg]27.2[min] N. longitude 
80[deg]17.2[min] W.
    (g) A line drawn from the seaward extremity of St. Lucie Inlet north 
jetty to latitude 27[deg]10[min] N. longitude 80[deg]08.4[min] 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[min] N. longitude 80[deg]01.5[min] 
W. (Lake Worth Inlet Lighted Bell Buoy ``2LW''); thence to Lake Worth 
Inlet Lighted Buoy ``3''; thence to the seaward extremity of Lake Worth 
Inlet South Jetty.
    (j) A line drawn across the seaward extremity of the Boynton Inlet 
Jetties.
    (k) A line drawn from Boca Raton Inlet North Jetty Light ``2'' to 
Boca Raton Inlet South Jetty Light ``1''.
    (l) A line drawn from Hillsboro Inlet Light to Hillsboro Inlet 
Entrance Light ``2''; thence to Hillsboro Inlet Entrance Light ``1''; 
thence west to the shoreline.
    (m) A line drawn from the tower located in approximate position 
latitude 26[deg]06.9[min] N. longitude 80[deg]06.4[min] W. to latitude 
26[deg]05.5[min] N. longitude 80[deg]04.8[min] W. (Port Everglades 
Lighted Whistle Buoy ``1''); thence to the signal tower located in 
approximate position latitude 26[deg]05.5[min] N. longitude 
80[deg]06.5[min] W.
    (n) A line drawn from the seaward extremity of Bakers Haulover Inlet 
north jetty 090[deg] true to longitude 80[deg]07.2[min] 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[min] N. longitude 80[deg]08[min] W. to latitude 
25[deg]46.1[min] N. longitude 80[deg]05.0[min] W. (Miami Lighted Whistle 
Buoy ``M''); thence to Fowey Rocks Light (latitude 25[deg]35.4[min] N. 
longitude 80[deg]05.8[min] W.); thence to Pacific Reef Light (latitude 
25[deg]22.3[min] N. longitude 80[deg]08.5[min] W.) thence to Carysfort 
Reef Light (latitude 25[deg]13.3[min] N. longitude 80[deg]12.7[min] W.); 
thence to Molasses Reef Light ``10'' (latitude 25[deg]00.7[min] N. 
longitude 80[deg]22.6[min] W.); thence to Alligator Reef Light (latitude 
24[deg]51.1 N. longitude 80[deg]37.1[min] W.); thence to Tennessee Reef 
Light (latitude 24[deg]44.7[min] N. longitude 80[deg]46.9[min] W.); 
thence to Sombrero Key Light (latitude 24[deg]37.6[min] N. longitude 
81[deg]06.6[min] W.); thence to American Shoal Light (latitude 
24[deg]31.5[min] N. longitude 81[deg]31.2[min] W.); thence to latitude 
24[deg]27.7[min] N. longitude 81[deg]48.1[min] W. (Key West Entrance 
Lighted Whistle Buoy); thence to Cosgrove Shoal Light (latitude 
24[deg]27.5[min] N. longitude 82[deg]11.2[min] 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[min] N. longitude 
82[deg]11.2[min] W.

[[Page 77]]

                               Gulf Coast



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

    A line drawn from Marquesas Keys, Florida at approximate position 
latitude 24[deg]47.5[min] N, longitude 82[deg]11.2[min] W; along the 12-
mile line which marks the seaward limits of the territorial sea (as 
defined in 33 CFR 2.22(a)(1)) to Rio Grande, Texas at approximate 
position latitude 25[deg]58.6[min] N, longitude 96[deg]55.5[min] W.

[USCG-2001-9044, 68 FR 42602, July 18, 2003]

                                 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[min] N. longitude 
117[deg]10.6[min] W. to latitude 32[deg]39.1[min] N. longitude 
117[deg]13.6[min] 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''.
    (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[min] N. longitude 119[deg]40.7[min] 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[min] 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[min] N. longitude 120[deg]52.3[min] 
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[min] N. longitude 121[deg]53.2[min] W. (Monterey Harbor 
Anchorage Buoy ``A''); thence to the northernmost extremity of Monterey 
Municipal Wharf No. 2.

[[Page 78]]

    (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[min] N. longitude 123[deg]00.1[min] W. (Tomales 
Point Lighted Horn Buoy ``2''); thence to latitude 38[deg]17.2[min] N. 
longitude 123[deg]02.3[min] 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[min] 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[min] N. longitude 124[deg]21.7[min] 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[min] N. longitude 124[deg]00.7[min] W. to 
latitude 46[deg]12.8[min] N. longitude 124[deg]08.0[min] W. (Columbia 
River Entrance Lighted Whistle Buoy ``2''); thence to latitude 
46[deg]14.5[min] N. longitude 124[deg]09.5[min] W. (Columbia River 
Entrance Lighted Bell Buoy ``1''); thence to North Head Light.
    (c) A line drawn from latitude 46[deg]52.8[min] N. longitude 
124[deg]12.6[min] W. (Grays Harbor Light to Grays Harbor Entrance 
Lighted Whistle Buoy ``2''); thence to latitude 46[deg]55.0[min] N. 
longitude 124[deg]14.7[min] 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[min] N. longitude 123[deg]02.5[min] W. (Hein Bank 
Lighted Bell Buoy); thence to latitude 48[deg]25.5[min] N. longitude 
122[deg]58.5[min] W. (Salmon Bank Lighted Gong Buoy ``3''); thence to 
Cattle Point Light on San Juan Island.
    (b) A line drawn from Lime Kiln Light to Kellett Bluff Light on 
Henry Island; thence to Turn Point Light on Stuart Island; thence to 
Skipjack Island Light; thence to latitude 48[deg]46.6[min] N. longitude 
122[deg]53.4[min] 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[min] 
N. longitude 139[deg]57.1[min] 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

[[Page 79]]

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[min] 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[min] 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 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[min] N. longitude 161[deg]55[min] 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[min] N. 
longitude 163[deg]28[min] W.; and thence to Cape Krusenstern Light.



PART 8_VESSEL INSPECTION ALTERNATIVES--Table of Contents




                            Subpart A_General

Sec.
8.100 Definitions.
8.110 Incorporation by reference.
8.120 Reciprocity.
8.130 Agreement conditions.

            Subpart B_Recognition of a Classification Society

8.200 Purpose.
8.210 Applicability.
8.220 Recognition of a classification society.
8.230 Minimum standards for a recognized classification society.
8.240 Application for recognition.
8.250 Acceptance of standards and functions delegated under existing 
          regulations.
8.260 Revocation of classification society recognition.

         Subpart C_International Convention Certificate Issuance

8.300 Purpose.
8.310 Applicability.
8.320 Classification society authorization to issue international 
          certificates.
8.330 Termination of classification society authority.

[[Page 80]]

                 Subpart D_Alternate Compliance Program

8.400 Purpose.
8.410 Applicability.
8.420 Classification society authorization to participate in the 
          Alternate Compliance Program.
8.430 U.S. Supplement to class rules.
8.440 Vessel enrollment in the Alternate Compliance Program.
8.450 Termination of classification society authority.

                Subpart E_Streamlined Inspection Program

8.500 Purpose.
8.505 Scope and applicability.
8.510 Definitions.
8.515 Eligibility.
8.520 Application.
8.525 OCMI review and action.
8.530 Plan development and approval.
8.535 Training and operational evaluation.
8.540 Enrollment in SIP.
8.545 Scope of inspection for enrolled vessels.
8.550 Plan review and revisions.
8.555 Disenrollment.
8.560 Waiver.
8.565 Appeal.
8.570 Interim approval of prototype SIP company or vessel plans.

    Authority: 46 U.S.C. 3103, 3306, 3316, 3703; Department of Homeland 
Security Delegation No. 0170.1.

    Source: CGD 95-010, 62 FR 67532, Dec. 24, 1997, unless otherwise 
noted.



                            Subpart A_General



Sec. 8.100  Definitions.

    Authorized Classification Society means a recognized classification 
society that has been delegated the authority to conduct certain 
functions and certifications on behalf of the Coast Guard.
    Class Rules means the standards developed and published by a 
classification society regarding the design, construction and 
certification of commercial vessels.
    Classed means that a vessel meets the classification society 
requirements that embody the technical rules, regulations, standards, 
guidelines and associated surveys and inspections covering the design, 
construction and through-life compliance of a ship's structure and 
essential engineering and electrical systems.
    Commandant means the Commandant of the Coast Guard.
    Delegated Function means a function related to Coast Guard 
commercial vessel inspection which has been delegated to a 
classification society. Delegated functions may include issuance of 
international convention certificates and participation in the Alternate 
Compliance Program under this part.
    Delegated Function Related to General Vessel Safety Assessment means 
issuance of the SOLAS Cargo Ship Safety Construction Certificate or 
issuance of the SOLAS Cargo Ship Safety Equipment Certificate.
    Exclusive Surveyor means a person who is employed solely by a 
classification society and is authorized to conduct vessel surveys. 
Independent surveyors, hired on a case-by-case basis, or surveyors of 
another classification society are not considered exclusive surveyors 
for the performance of delegated functions on behalf of the Coast Guard.
    Gross Tons means vessel tonnage measured in accordance with the 
International Convention on Tonnage Measurement of Ships, 1969. Vessels 
not measured by this convention must be measured in accordance with the 
method utilized by the flag state administration of that vessel.
    MARPOL 73/78 means the Protocol of 1978 relating to the 
International Convention for the Prevention of Pollution from Ships, 
1973, and includes the Convention which means the International 
Convention for the Prevention of Pollution from Ships, 1973, including 
Protocols I and II and Annexes I, II, and V thereto, including any 
modification or amendments to the Convention, Protocols or Annexes which 
have entered into force for the United States.
    Officer in Charge, Marine Inspection (OCMI) 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 a 
Coast Guard District Commander, is in charge of an inspection zone for 
the performance of duties with respect to the inspection, enforcement, 
and administration of 46 U.S.C., Revised Statutes, and acts amendatory 
thereof or

[[Page 81]]

supplemental thereto, and rules and regulations thereunder.
    Recognized Classification Society means the American Bureau of 
Shipping or other classification society recognized by the Commandant 
under this part.
    SOLAS means International Convention for the Safety of Life at Sea, 
1974, as amended.



Sec. 8.110  Incorporation by reference.

    (a) Certain material is incorporated by reference into this 
subchapter with the approval of the Director of the Federal Register 
under 5 U.S.C. 552(a) and 1 CFR Part 51. To enforce any edition other 
than that specified in paragraph (b) of this section, the Coast Guard 
must publish notice of the change in the Federal Register and the 
material must be available to the public. All material is available for 
inspection at the U.S. Coast Guard, Office of Design and Engineering 
Standards, 2100 Second St., SW., Washington, DC 20593-0001, or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html. All material is available from the 
sources listed in paragraph (b).
    (b) The material incorporated by reference in this subchapter and 
the sections affected are as follows:

American Bureau of Shipping (ABS)--ABS Plaza, 16855 Northchase Drive, 
          Houston, TX 77060.
    Rules for Building and Classing Steel Vessels, 1996--31.01-3(b), 
71.15-5(b), 91.15-5(b)
    Rules for Building and Classing Steel Vessels, 1997--31.01-3(b), 
71.15-5(b), 91.15-5(b)
    Rules for Building and Classing Steel Vessels, 1998--31.01-3(b), 
71.15-5(b), 91.15-5(b)
    Rules for Building and Classing Mobile Offshore Drilling Units, 
1998--107.205(b)
    U. S. Supplement to ABS Rules for Steel Vessels for Vessels on 
International Voyages, 21 October 1996--31.01-3(b), 71.15-5(b), 91.15-
5(b)
    U.S. Supplement to ABS Rules for Steel Vessels for Vessels on 
International Voyages, 1 August 1997--31.01-3(b), 71.15-5(b), 91.15-5(b)
    U.S. Supplement to ABS Rules for Mobile Offshore Drilling Units, 1 
June 1998--107.205(b)
American National Standards Institute (ANSI)--11 West 42nd St., New 
          York, NY 10036.
    ANSI/ASQC Q9001--1994, Quality Assurance in Design, Development, 
Production and Servicing, 1994--8.230
Lloyd's Register of Shipping (LR)--100 Leadenhall Street, London EC3A 
          3BP.
    Rules and Regulations for the Classification of Ships, 1998--31.01-
3(b), 71.15-5(b), 91.15-5(b)
Lloyd's Register of Shipping Supplemental Requirements, 19 September 
          1998--31.01-3(b), 71.15-5(b), 91.15-5(b)

[CGD 95-010, 62 FR 67532, Dec. 24, 1997, as amended by USCG-1999-5004, 
64 FR 30439, June 8, 1999; USCG-2000-7790, 65 FR 58458, Sept. 29, 2000]



Sec. 8.120  Reciprocity.

    (a) The Commandant may delegate authority to a classification 
society that has its headquarters in a country other than the United 
States only to the extent that the flag state administration of that 
country delegates authority and provides access to the American Bureau 
of Shipping to inspect, certify and provide related services to vessels 
flagged by that country. The Commandant will determine reciprocity on a 
``case-by-case'' basis.
    (b) In order to demonstrate that the conditions described in 
paragraph (a) of this section are satisfied, a classification society 
must provide to the Coast Guard an affidavit, from the government of the 
country that the classification society is headquartered in, listing the 
authorities delegated by the flag state administration of that country 
to the American Bureau of Shipping, and indicating any conditions 
related to the delegated authority.
    (c) The Commandant will not consider an application for 
authorization to perform a delegated function submitted under this part 
until the conditions described in paragraph (a) of this section are 
satisfied. Where simultaneous authorization by a foreign government for 
ABS is involved, this requirement may be waived.
    (d) The Commandant will not evaluate a classification society for 
recognition until the conditions described in paragraph (a) of this 
section are satisfied for at least one of the authorized delegations 
being sought. Where simultaneous recognition by a foreign government for 
ABS is involved, this requirement may be waived.

[[Page 82]]

    (e) The Commandant may make a delegation regarding load lines under 
46 U.S.C. 5107 or measurement of vessels under 46 U.S.C. 14103 without 
regard to the conditions described in paragraph (a) of this section.



Sec. 8.130  Agreement conditions.

    (a) Delegated functions performed by, and statutory certificates 
issued by, an authorized classification society will be accepted as 
functions performed by, or certificates issued by, the Coast Guard, 
provided that the classification society maintains compliance with all 
provisions of its agreement with the Commandant. Any agreement between 
the Commandant and a recognized classification society authorizing the 
performance of delegated functions will be written and will require the 
classification society to comply with each of the following:
    (1) Issue any certificates related to a delegated function in the 
English language.
    (2) Maintain a corporate office in the United States that has 
adequate resources and staff to support all delegated functions and to 
maintain required associated records.
    (3) Maintain all records in the United States related to delegated 
functions conducted on behalf of the Coast Guard.
    (4) Make available to appropriate Coast Guard representatives vessel 
status information and records, including outstanding vessel 
deficiencies or classification society recommendations, in the English 
language, on all vessels for which the classification society has 
performed any delegated function on behalf of the Coast Guard.
    (5) Report to the Commandant (G-MOC) the names and official numbers 
of any vessels removed from class for which the classification society 
has performed any delegated function on behalf of the Coast Guard and 
include a description of the reason for the removal.
    (6) Report to the Commandant (G-MOC) all port state detentions on 
all vessels for which the classification society has performed any 
delegated function on behalf of the Coast Guard when aware of such 
detention.
    (7) Annually provide the Commandant (G-MOC) with its register of 
classed vessels.
    (8) Ensure vessels meet all requirements for class of the accepting 
classification society prior to accepting vessels transferred from 
another classification society.
    (9) Suspend class for vessels that are overdue for special renewal 
or annual survey.
    (10) Attend any vessel for which the classification society has 
performed any delegated function on behalf of the Coast Guard at the 
request of the appropriate Coast Guard officials, without regard to the 
vessel's location--unless prohibited to do so under the laws of the 
United States, the laws of the jurisdiction in which the vessel is 
located, the classification society's home country domestic law, or 
where the classification society considers an unacceptable hazard to 
life and/or property exists.
    (11) Honor appeal decisions made by the Commandant (G-MSE) or 
Commandant (G-MOC) on issues related to delegated functions.
    (12) Apply U.S. flag administration interpretations, when they 
exist, to international conventions for which the classification society 
has been delegated authority to certificate or perform other functions 
on behalf of the Coast Guard.
    (13) Obtain approval from the Commandant (G-MOC) prior to granting 
exemptions from the requirements of international conventions, class 
rules, and the U.S. supplement to class rules.
    (14) Make available to the Coast Guard all records, in the English 
language, related to equivalency determinations or approvals made in the 
course of delegated functions conducted on behalf of the Coast Guard.
    (15) Report to the Coast Guard all information specified in the 
agreement at the specified frequency and to the specified Coast Guard 
office or official.
    (16) Grant the Coast Guard access to all plans and documents, 
including reports on surveys, on the basis of which certificates are 
issued or endorsed by the classification society.
    (17) Identify a liaison representative to the Coast Guard.

[[Page 83]]

    (18) Provide regulations, rules, instructions and report forms in 
the English language.
    (19) Allow the Commandant (G-M) to participate in the development of 
class rules.
    (20) Inform the Commandant (G-M) of all proposed changes to class 
rules.
    (21) Provide the Commandant (G-M) the opportunity to comment on any 
proposed changes to class rules and to respond to the classification 
society's disposition of the comments made by the Coast Guard.
    (22) Furnish information and required access to the Coast Guard to 
conduct oversight of the classification society's activities related to 
delegated functions conducted on behalf of the Coast Guard.
    (23) Allow the Coast Guard to accompany them on internal and 
external quality audits and provide written results of such audits to 
appropriate Coast Guard representatives.
    (24) Provide the Coast Guard access necessary to audit the 
authorized classification society to ensure that it continues to comply 
with the minimum standards for a recognized classification society.
    (25) Use only exclusive surveyors of that classification society to 
accomplish all work done on behalf of, or under any delegation from, the 
Coast Guard. For tonnage-related measurement service only, however, 
classification societies may use part-time employees or independent 
contractors in place of exclusive surveyors.
    (26) Allow its surveyors to participate in training with the Coast 
Guard regarding delegated functions.
    (b) Amendments to an agreement between the Coast Guard and an 
authorized classification society will become effective only after 
consultation and written agreement between parties.
    (c) Agreements may be terminated by one party only upon written 
notice to the other party. Termination will occur sixty days after 
written notice is given.



            Subpart B_Recognition of a Classification Society



Sec. 8.200  Purpose.

    This subpart establishes criteria and procedures for vessel 
classification societies to obtain recognition from the Coast Guard. 
This recognition is necessary in order for a classification society to 
become authorized to perform vessel inspection and certification 
functions delegated by the Coast Guard as described in this part.



Sec. 8.210  Applicability.

    This subpart applies to all vessel classification societies seeking 
recognition by the Coast Guard.



Sec. 8.220  Recognition of a classification society.

    (a) A classification society must be recognized by the Commandant 
before it may receive statutory authority delegated by the Coast Guard.
    (b) In order to become recognized, a classification society must 
meet the requirements of Sec. 8.230.
    (c) A classification society found to meet the criteria for 
recognition will be notified in writing by the Commandant.
    (d) If the Coast Guard determines that a classification society does 
not meet the criteria for recognition, the Coast Guard will provide the 
reason for this determination.
    (e) A classification society may reapply for recognition upon 
correction of the deficiencies identified by the Coast Guard.



Sec. 8.230  Minimum standards for a recognized classification society.

    (a) In order to receive recognition by the Coast Guard a 
classification society must:
    (1) Establish that it has functioned as an international 
classification society for at least 30 years with its own class rules;
    (2) Establish that is has a history of appropriate corrective 
actions in addressing vessel casualties and cases of nonconformity with 
class rules;
    (3) Establish that it has a history of appropriate changes to class 
rules based on their application and the overall performance of its 
classed fleet;

[[Page 84]]

    (4) Have a total classed tonnage of at least 10 million gross tons;
    (5) Have a classed fleet of at least 1,500 ocean-going vessels over 
100 gross tons;
    (6) Have a total classed tonnage of ocean-going vessels over 100 
gross tons totaling no less than 8 million gross tons;
    (7) Publish and maintain class rules in the English language for the 
design, construction and certification of ships and their associated 
essential engineering systems;
    (8) Maintain written survey procedures in the English language;
    (9) Have adequate resources, including research, technical, and 
managerial staff, to ensure appropriate updating and maintaining of 
class rules and procedures;
    (10) Have adequate resources and geographical coverage to carry out 
all plan review and vessel survey activities associated with delegated 
functions as well as classification society requirements;
    (11) Employ a minimum of 150 exclusive surveyors;
    (12) Have adequate criteria for hiring and qualifying surveyors and 
technical staff;
    (13) Have an adequate program for continued training of surveyors 
and technical staff;
    (14) Have a corporate office in the United States that provides a 
continuous management and administrative presence;
    (15) Maintain an internal quality system based on ANSI/ASQC Q9001 or 
an equivalent quality standard;
    (16) Determine classed vessels comply with class rules, during 
appropriate surveys and inspection;
    (17) Determine that attended vessels comply with all statutory 
requirements related to delegated functions, during appropriate surveys 
and inspection;
    (18) Monitor all activities related to delegated functions for 
consistency and required end-results;
    (19) Maintain and ensure compliance with a Code of Ethics that 
recognizes the inherent responsibility associated with delegation of 
authority;
    (20) Not be under the financial control of shipowners or 
shipbuilders, or of others engaged commercially in the manufacture, 
equipping, repair or operation of ships;
    (21) Not be financially dependent on a single commercial enterprise 
for its revenue;
    (22) Not have any business interest in, or share of ownership of, 
any vessel in its classed fleet; and
    (23) Not be involved in any activities which could result in a 
conflict of interest.
    (b) Recognition may be granted after it is established that the 
classification society has an acceptable record of vessel detentions 
attributed to classification society performance under the Coast Guard 
Port State Control Program.



Sec. 8.240  Application for recognition.

    (a) A classification society must apply for recognition in writing 
to the Commandant (G-MSE).
    (b) An application must indicate which specific authority the 
classification society seeks to have delegated.
    (c) Upon verification from the Coast Guard that the conditions of 
reciprocity have been met in accordance with Sec. 8.120, the requesting 
classification society must submit documentation to establish that it 
meets the requirements of Sec. 8.230.



Sec. 8.250  Acceptance of standards and functions delegated under

existing regulations.

    (a) Classification society class rules will only be accepted as 
equivalent to Coast Guard regulatory standards when that classification 
society has received authorization to conduct a related delegated 
function.
    (b) A recognized classification society may not conduct any 
delegated function under this title until it receives a separate written 
authorization from the Commandant to conduct that specific function.



Sec. 8.260  Revocation of classification society recognition.

    A recognized classification society which fails to maintain the 
minimum standards established in this part will be reevaluated and its 
recognized status revoked if warranted.

[[Page 85]]



         Subpart C_International Convention Certificate Issuance



Sec. 8.300  Purpose.

    This subpart establishes options for vessel owners and operators to 
obtain required international convention certification through means 
other than those prescribed elsewhere in this chapter.



Sec. 8.310  Applicability.

    This subpart applies to:
    (a) Recognized classification societies; and
    (b) All U.S. flag vessels that are certificated for international 
voyages and are classed by a recognized classification society that is 
authorized by the Coast Guard to issue the applicable international 
certificate as specified in this subpart.



Sec. 8.320  Classification society authorization to issue 

international certificates.

    (a) The Commandant may authorize a recognized classification society 
to issue certain international convention certificates. Authorization 
will be based on review of:
    (1) Applicable class rules; and
    (2) Applicable classification society procedures.
    (b) The Coast Guard may delegate issuance of the following 
international convention certificates to a recognized classification 
society:
    (1) International Load Line Certificate;
    (2) International Tonnage Certificate (1969);
    (3) SOLAS Cargo Ship Safety Construction Certificate;
    (4) SOLAS Cargo Ship Safety Equipment Certificate;
    (5) International Certificate of Fitness for the Carriage of 
Dangerous Chemicals in Bulk;
    (6) International Certificate of Fitness for the Carriage of 
Liquefied Gases in Bulk;
    (7) International Maritime Organization (IMO) Mobile Offshore 
Drilling Unit Safety Certificate;
    (8) MARPOL 73/78 International Oil Pollution Prevention Certificate; 
and
    (9) MARPOL 73/78 International Pollution Prevention Certificate for 
the Carriage of Noxious Liquid Substances in Bulk.
    (c) The Coast Guard will enter into a written agreement with a 
recognized classification society authorized to issue international 
convention certificates. This agreement will define the scope, terms, 
conditions and requirements of that delegation. Conditions of these 
agreements are presented in Sec. 8.130.

[CGD 95-010, 62 FR 67532, Dec. 24, 1997, as amended by USCG-2004-18884, 
69 FR 58342, Sept. 30, 2004]



Sec. 8.330  Termination of classification society authority.

    (a) The Coast Guard may terminate an authorization agreement with a 
classification society if:
    (1) The Commandant revokes the classification society's recognition, 
as specified in Sec. 8.260; or
    (2) The classification society fails to comply with the conditions 
of the authorization agreement as specified in Sec. 8.130.
    (b) In the event that a flag administration of a country changes 
conditions related to the authority that is delegated to ABS, the 
Commandant may modify or revoke the Coast Guard's authorization of that 
classification society that has its headquarters in that country.
    (c) Certificates issued by a classification society which has had 
its authorization terminated will remain valid until the next 
classification society survey associated with that certificate is 
required or until the certificate expires, whichever occurs first.



                 Subpart D_Alternate Compliance Program



Sec. 8.400  Purpose.

    This subpart establishes an alternative to subpart 2.01 of this 
chapter for certification of United States vessels.



Sec. 8.410  Applicability.

    This subpart applies to:
    (a) Recognized classification societies; and
    (b) U.S. flag vessels that are certificated for international 
voyages and are

[[Page 86]]

classed by a recognized classification society that is authorized by the 
Coast Guard to participate in the Alternate Compliance Program (ACP) as 
specified in this subpart and whose vessel type is authorized to 
participate in the ACP per the applicable subchapter of 46 CFR chapter 
I.



Sec. 8.420  Classification society authorization to participate in 

the Alternate Compliance Program.

    (a) The Commandant may authorize a recognized classification society 
to participate in the ACP. Authorization will be based on a satisfactory 
review of:
    (1) Applicable class rules; and
    (2) Applicable classification society procedures.
    (b) Authorization for a recognized classification society to 
participate in the ACP will require development of a U.S. Supplement to 
the society's class rules that meets the requirements of Sec. 8.430 of 
this part, which must be accepted by the Coast Guard.
    (c) A recognized classification society will be eligible to receive 
authorization to participate in the ACP only after it has performed a 
delegated function related to general vessel safety assessment, as 
defined in Sec. 8.100, for a two-year period.
    (d) If, after this two-year period, the Coast Guard finds that the 
recognized classification society has not demonstrated the necessary 
satisfactory performance or lacks adequate experience, the recognized 
classification society will not be eligible to participate in the ACP. 
The Coast Guard will provide the reason for this determination to the 
recognized classification society. A classification society may appeal 
the decision of the Coast Guard concerning recognition to the Commandant 
in writing in accordance with 46 CFR 1.03-15(h)(4).
    (e) The Coast Guard will enter into a written agreement with a 
recognized classification society authorized to participate in the ACP. 
This agreement will define the scope, terms, conditions and requirements 
of the necessary delegation. Conditions of this agreement are presented 
in Sec. 8.130.



Sec. 8.430  U.S. Supplement to class rules.

    Prior to receiving authorization to participate in the ACP, a 
recognized classification society must prepare, and receive Commandant 
(G-MSE) approval of, a U.S. Supplement to the recognized classification 
society's class rules. This supplement must include all regulations 
applicable for issuance of a Certificate of Inspection (COI) which are 
not, in the opinion of the Commandant, adequately established by either 
the class rules of that classification society or applicable 
international regulations.



Sec. 8.440  Vessel enrollment in the Alternate Compliance Program.

    (a) In place of compliance with other applicable provisions of this 
title, the owner or operator of a vessel subject to plan review and 
inspection under this subchapter for initial issuance or renewal of a 
COI may submit the vessel for classification, plan review and inspection 
by a recognized classification society authorized by the Coast Guard to 
determine compliance with applicable international treaties and 
agreements, the classification society's class rules, and the U.S. 
Supplement prepared by the classification society and accepted by the 
Coast Guard.
    (b) A vessel owner or operator wishing to have a vessel inspected 
under paragraph (a) of this section shall submit an Application for 
Inspection of U.S. Vessel (CG-3752) to the cognizant OCMI, and indicate 
on the form that the inspection will be conducted by an authorized 
classification society under the ACP.
    (c) Based on reports from an authorized classification society that 
a vessel complies with applicable international treaties and agreements, 
the classification society's class rules, and the U.S. Supplement 
prepared by the classification society and accepted by the Coast Guard, 
the cognizant OCMI may issue a certificate of inspection to the vessel. 
If the OCMI declines to issue a certificate of inspection even though 
the reports made by the authorized classification society indicate that 
the vessel meets applicable standards, the vessel owner or operator may 
appeal the OCMI decision as provided in subpart 1.03 of this chapter.

[[Page 87]]

    (d) If reports from an authorized classification society indicate 
that a vessel does not comply with applicable international treaties and 
agreements, the classification society's class rules, and the U.S. 
Supplement prepared by the classification society and accepted by the 
Coast Guard, the cognizant OCMI may decline to issue a certificate of 
inspection. If the OCMI declines to issue a certificate of inspection, 
the vessel owner or operator may:
    (1) Correct the reported deficiencies and make arrangements with the 
classification society for an additional inspection;
    (2) Request inspection by the Coast Guard under other provisions of 
this subchapter; or
    (3) Appeal via the authorized classification society to the Chief, 
Office of Compliance, Commandant (G-MOC), U.S. Coast Guard, 2100 Second 
St. SW., Washington, DC 20593-0001.



Sec. 8.450  Termination of classification society authority.

    (a) The Coast Guard may terminate an authorization agreement with a 
classification society to participate in the Alternate Compliance 
Program if:
    (1) The Commandant revokes the classification society's recognition, 
as specified in Sec. 8.260; or
    (2) The classification society fails to comply with the conditions 
of the authorization agreement as specified in Sec. 8.130.
    (b) In the event that a flag administration of a country changes 
conditions related to the authority that is delegated to ABS, the 
Commandant may modify or revoke the Coast Guard's authorization of that 
classification society that has its headquarters in that country.
    (c) Certificates issued by a classification society which has had 
its authorization to participate in the Alternate Compliance Program 
terminated, will be subject to the provisions of Sec. 8.330.
    (d) Owners or operators of vessels enrolled in the ACP and classed 
by a classification society that has its authority to participate in the 
ACP terminated, must:
    (1) Change the classification society for the vessel to a 
classification society that is authorized to participate in the ACP; or
    (2) Disenroll the vessel from the ACP.
    (e) The Coast Guard will provide guidance to a vessel owner affected 
by the revocation of a classification society's authority to participate 
in the ACP. This will include notification of when the action required 
under paragraph (d) of this section must be completed.

[CGD 95-010, 62 FR 67532, Dec. 24, 1997, as amended by USCG-2004-18884, 
69 FR 58342, Sept. 30, 2004]



                Subpart E_Streamlined Inspection Program

    Source: CGD 96-055, 63 FR 44353, Aug. 18, 1998, unless otherwise 
noted.



Sec. 8.500  Purpose.

    (a) This subpart establishes the Streamlined Inspection Program 
(SIP) which is a voluntary alternative inspection program for U.S. 
documented or registered vessels required to maintain a valid 
certificate of inspection (COI).
    (b) This subpart sets out the eligibility and application 
requirements and the plan development and approval procedures for 
enrollment of companies and their vessels in the SIP.



Sec. 8.505  Scope and applicability.

    (a) This subpart applies to U.S. documented or registered vessels 
that have a valid COI.
    (b) A vessel enrolled in the SIP will be inspected in accordance 
with its approved Vessel Action Plan (VAP).
    (c) The SIP includes all inspections required to renew and maintain 
a valid COI. The SIP does not include dry-dock examinations, unscheduled 
inspections related to vessel casualties, equipment repair or 
replacement, or vessel modifications. Those inspections will be 
conducted in accordance with the subparts applicable to the vessel.



Sec. 8.510  Definitions.

    The following definitions apply to this subpart:
    Civil penalty means a final assessment under the provisions of 33 
CFR

[[Page 88]]

part 1, subpart 1.07 or part 20 of this chapter.
    Coast Guard SIP Advisor means the Coast Guard marine inspector 
assigned by the Officer in Charge, Marine Inspection (OCMI), to assist 
in the development of an action plan.
    Company means the owner of the vessel or any other organization or 
person, such as the manager or the bareboat charterer, who operates a 
vessel under the SIP.
    Company Action Plan (CAP) means the document describing a company's 
organization, policies, and responsibilities required for participation 
in the SIP.
    Company SIP Agent means the individual who is responsible for the 
Company Action Plan and the Vessel Action Plan development and 
implementation and who has the authority to bind the company to the 
terms of these plans.
    Correction Report means a document which sets out specific vessel 
deficiencies and is used to record their correction by the company.
    Documented deficiency means an incident documented in a Coast Guard 
record in which the condition of a vessel, its equipment, or its 
operation was not in compliance with Coast Guard regulations.
    Examination Checklist means any document or form approved in the 
VAP, that may be used by company employees to record the periodic 
examinations required by the VAP.
    Inspection Criteria References (ICR) means the individual pages in 
the VAP that list each item on the vessel required by regulation to be 
periodically inspected.
    Inspection Schedule and Verification (ISV) means the document that 
lists the items to be inspected and the intervals for their inspection, 
and on which is recorded the completion of required examinations and 
tests conducted by designated company employees.
    Prototype SIP plan means the SIP plans developed for a company or 
vessel participating in a Coast Guard District-or OCMI-endorsed SIP 
before August 18, 1998.
    Reportable casualty means a marine casualty or accident required to 
be reported under 46 CFR part 4, subpart 4.05 of this chapter.
    Streamlined Inspection Program (SIP) means the alternative 
inspection program set out in this subpart.
    Vessel Action Plan (VAP) means the document that prescribes 
procedures for maintenance, examination, and inspection of a vessel 
enrolled in the SIP.



Sec. 8.515  Eligibility.

    (a) The company must--
    (1) Have owned or operated at least one U.S. documented or 
registered vessel for a minimum of 3 consecutive years before the SIP 
application date; and
    (2) Have paid all civil penalties and user fees.
    (b) Except as allowed by paragraph (c) of this section, each vessel 
must--
    (1) Have been in operation with an eligible owner or operator for at 
least 3 consecutive years before the SIP application date;
    (2) Have had no revocation of its COI during the 3 years before the 
SIP application date; and
    (3) Have no documented deficiency for any of the following in the 3 
years before the SIP application date:
    (i) Any vessel operation inconsistent with the operating details 
specified on its COI.
    (ii) Operating without the required amount of lifesaving appliances 
on board the vessel or with inoperable survival craft.
    (iii) Operating without the required firefighting equipment on board 
the vessel or with an inoperable fire pump(s).
    (iv) Unauthorized modifications to the vessel's approved systems or 
structure, such as fixed firefighting systems, pollution prevention 
arrangements, overcurrent protection devices, or watertight boundary 
arrangements.
    (v) Operating without the required navigation equipment on board the 
vessel or with inoperable navigation equipment.
    (c) A vessel constructed for, or acquired by, a company with one or 
more vessels enrolled in the SIP need not meet the requirement in 
paragraph (b)(1) of this section for enrollment in the SIP, provided 
that the vessel holds a valid COI issued by the OCMI where the vessel 
will principally operate.

[[Page 89]]



Sec. 8.520  Application.

    To apply for SIP enrollment, a company will submit an application, 
in writing, to the cognizant OCMI. The application must contain the 
following:
    (a) A statement that the company and prospective vessel(s) meet the 
requirements of Sec. 8.515.
    (b) A summation of the company's current status in relation to Sec. 
8.530(a).
    (c) The name and official number of the vessel(s) the company 
intends to enroll in the SIP.
    (d) The name and contact information for the Company SIP Agent.



Sec. 8.525  OCMI review and action.

    (a) The cognizant OCMI will review Coast Guard records for the 3 
years before the SIP application date to verify the eligibility of the 
company and each vessel listed in the SIP application.
    (b) If the company and one or more of its vessels meets the 
eligibility requirements contained in Sec. 8.515, the cognizant OCMI 
will notify the company of its eligibility and assign a Coast Guard SIP 
Advisor.
    (c) If, according to Coast Guard records, a company or vessel does 
not meet the eligibility requirements contained in Sec. 8.515, the 
cognizant OCMI will notify the company in writing of its ineligibility 
stating each reason for not accepting the company or a vessel.



Sec. 8.530  Plan development and approval.

    The Company SIP Agent will develop the CAP and VAP with guidance 
from the Coast Guard SIP Advisor for OCMI approval.
    (a) Company Action Plan. The CAP shall include at least the 
following:
    (1) A copy of the OCMI CAP approval letter (once the CAP is 
approved).
    (2) An organization commitment statement.
    (3) A company organization chart that includes the name(s) of the 
designated SIP support personnel who will be responsible for 
implementation and oversight of the approved CAP and VAP(s).
    (4) A statement describing the responsibilities and authorities of 
personnel involved in the examination and maintenance of the vessel(s) 
for the company.
    (5) A description of the method the company will use to integrate 
the applicable subpart regulations into its SIP and the method or system 
used to initiate corrective action.
    (6) A description of the company's safety program.
    (7) A description of the company's environmental protection program.
    (8) A description of the company's training infrastructure, the 
method used to track and record training for individual employees, and 
the training required for the designated SIP support personnel to 
implement the CAP and the VAP.
    (9) A master list of all SIP documents and ICRs that the company 
intends to use in its VAP(s).
    (10) Appendices for each approved VAP.
    (b) Vessel Action Plan. Each VAP shall include at least the 
following:
    (1) A copy of the OCMI VAP approval letter (once the VAP is 
approved).
    (2) A description of the method that will be used to integrate the 
VAP into the vessel's regular operations.
    (3) Vessel-specific ICRs.
    (4) Vessel-specific ISV forms.
    (5) Vessel-specific examination checklists.
    (6) Correction reports.
    (c) Plan Approval. The Company SIP Agent will submit the CAP and 
each VAP to the cognizant OCMI for approval. Once approved, a copy of 
the VAP shall be kept on board the vessel.



Sec. 8.535  Training and operational evaluation.

    When the CAP and VAP(s) have been approved by the cognizant OCMI, 
the company may begin training and operating under the plans. This 
evaluation phase includes the following:
    (a) The company shall provide the designated SIP support personnel 
with training as required by the CAP.
    (b) The vessel must operate and be examined under the VAP for a 
period of at least 3 months.
    (c) During the operational periods, the Coast Guard SIP Advisor will 
conduct an ongoing evaluation of the vessel's operation, the training 
records, and the ability of all designated persons to perform their 
assigned functions under the VAP. The Coast Guard

[[Page 90]]

SIP Advisor will report periodically to the cognizant OCMI and the 
Company SIP Agent on the vessel's performance, and make recommendations, 
if needed.
    (d) Revisions recommended under paragraph (c) of this section, or 
any additional operational periods under a revised CAP or VAP as may be 
required by the cognizant OCMI must be completed prior to enrollment.



Sec. 8.540  Enrollment in SIP.

    Upon successful completion of the training and evaluation phase, the 
Coast Guard SIP Advisor will recommend to the OCMI that the company or 
vessel be enrolled in the SIP. If the OCMI concurs with the 
recommendation, he or she will issue an enrollment letter and endorse 
the vessel's COI. Subsequent inspections covered under this subpart will 
be conducted in accordance with the approved VAP.



Sec. 8.545  Scope of inspection for enrolled vessels.

    (a) A Coast Guard marine inspector will conduct required periodic 
and follow-on inspections necessary to ensure compliance with Coast 
Guard regulations.
    (b) A Coast Guard marine inspector will conduct the inspections in 
paragraph (a) of this section in accordance with the procedures set out 
in the VAP. These inspections will normally include the following:
    (1) Administrative review. This portion of the inspection consists 
of a review of prior Coast Guard SIP inspection forms, the contents of 
the VAP, and other certifications of equipment and vessel systems.
    (2) SIP performance review. This portion of the inspection consists 
of a review of vessel SIP documentation and records, review of the SIP 
procedures, and a company evaluation of their SIP.
    (3) Materiel review. This portion of the inspection consists of a 
general examination of the vessel, witnessing the examination of 
selected items under the VAP by company designated SIP support 
personnel, inspection of selected items, and witnessing crew performance 
in drills.
    (4) Conclusion and recommendations. This portion of the inspection 
contains the Coast Guard marine inspector's evaluation of regulatory 
compliance of the vessel under its VAP.
    (c) A Coast Guard marine inspector may conduct any additional tests 
or examinations of vessel equipment or systems necessary to ensure 
compliance with Coast Guard regulations during an inspection covered in 
paragraph (a) of this section.



Sec. 8.550  Plan review and revisions.

    (a) Mandatory reviews and revisions. The CAP and VAP(s) must be 
reviewed and revised as follows:
    (1) Every 2 years after the plan approval date, the company shall 
review the CAP and update all information required by Sec. 8.530.
    (2) Every 5 years after the plan approval date, the Coast Guard SIP 
Advisor and the Company SIP Agent will review the VAP.
    (3) If a reportable casualty occurs, the cognizant OCMI will review 
the portions of the VAP related to equipment, training, personnel, and 
systems involved in the casualty and determine whether revisions to the 
VAP are appropriate.
    (4) When statutes or regulations change, the appropriate sections of 
the CAP and VAP(s) will be revised.
    (b) Discretionary reviews and revisions. The CAP and VAP(s) may be 
reviewed and revised by the company at any time. The revisions must be 
submitted to the cognizant OCMI for approval.



Sec. 8.555  Disenrollment.

    (a) Voluntary disenrollment. A company may request SIP disenrollment 
(which includes all of its vessels) or may request disenrollment of a 
specific vessel from the SIP by writing to the cognizant OCMI. The OCMI 
will then issue a letter disenrolling the vessel or company. Disenrolled 
vessels will be inspected in accordance with the requirements of 46 CFR 
part 2, subpart 2.01 of this chapter.
    (b) Company disenrollment. The OCMI may issue a letter disenrolling 
the company if the company no longer has at least one enrolled vessel or 
if the company fails to continue to meet the eligibility requirements in 
Sec. 8.515.
    (c) Vessel disenrollment. The OCMI may issue a letter disenrolling a 
vessel

[[Page 91]]

if any one or more of the following occurs:
    (1) The sale of the vessel.
    (2) A finalized letter of warning or assessment of a civil penalty 
for--
    (i) Operating outside the scope of the vessel's COI or Stability 
Letter;
    (ii) Not reporting a personnel or material casualty required to be 
reported under 46 CFR part 4; or
    (iii) A material deficiency listed in Sec. 8.515(b)(3).



Sec. 8.560  Waiver.

    (a) A Coast Guard District Commander may waive any requirement of 
this subpart--
    (1) If good cause exists for granting a waiver; and
    (2) If the safety of the vessel and those on board will not be 
adversely affected.
    (b) Requests for waiver of any requirement of this subpart must be 
submitted in writing to the cognizant OCMI for review before forwarding 
to the Coast Guard District Commander for action.
    (c) A copy of each waiver granted under this section shall be 
maintained at all times in the VAP.



Sec. 8.565  Appeal.

    A company may appeal any decision or action taken under this subpart 
in accordance with 46 CFR part 1, subpart 1.03 of this chapter.



Sec. 8.570  Interim approval of prototype SIP company or vessel plans.

    (a) A company operating under an approved prototype SIP company or 
vessel plan must apply in writing by November 1, 1998, to the cognizant 
OCMI for approval to continue operating under the plans while revisions 
are developed to bring the prototype SIP company or vessel plan into 
conformance with this subpart. The OCMI may approve the request for a 
period of up to 3 years.
    (b) A company that does not request approval as required by 
paragraph (a) of this section or does not obtain approval to continue 
operating under a prototype SIP company or vessel plan by February 1, 
1999, may no longer operate under the plans and will be inspected in 
accordance with the requirements of 46 CFR part 2, subpart 2.01 of this 
chapter.



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; Department of Homeland Security 
Delegation No. 0170.1.

    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, 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.)

[CGD 74-119, 39 FR 33336, Sept. 17, 1974, as amended by USCG-2000-7790, 
65 FR 58458, Sept. 29, 2000]



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

[[Page 92]]

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 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.

[[Page 93]]



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.



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 95]]

                                  INDEX

              SUBCHAPTER A_PROCEDURES APPLICABLE TO THE PUBLIC

  Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept current by the U.S. Coast Guard, 
Department of Homeland Security. This index is updated as of October 1, 
2007.

                                               Part, subpart, or section

                                 A

Acceptance of standards and functions delegated under existing 
regulations........................................................8.250
Accessibility of chemical testing devices........................4.06-15
Acting under authority of license, certificate or document..........5.57
Action on report.................................................4.09-30
Action on review...................................................5.805
Addiction...........................................................5.35
Adherence to rules of evidence....................................4.19-5
Administrative actions...............................................5.5
Administrative Law Judge............................................5.19
Aialik Cape, AK....................................................7.160
Aid to navigation, Report of accident to.........................4.05-20
Alaska..........2.01-80, 7.150, 7.155, 7.160, 7.165, 7.170, 7.175, 7.180
Alcohol or drug use by individuals directly involved in casualties
                                                                 4.05-12
Aleutian Islands, AK...............................................7.170
Allison.....................................................4.05-1(a)(1)
Allowances, payment of.............................................5.401
Alternate Compliance Program.......................................8.400
Agreement conditions...............................................8.130
Applicability......................................................8.410
Classification society authorization to participate in the 
Alternate Compliance Program.......................................8.420
Purpose............................................................8.400
Termination of classification society authority....................8.450
U.S. supplement to class rules.....................................8.430
Vessel enrollment in the Alternate Compliance Program..............8.440
American Bureau of Shipping (ABS)..................................8.110
American National Standards Institute (ANSI).......................8.110
Analysis and follow-up procedures for specimen...................4.06-50
Annual vessel inspection fee....................................2.10-101
Appeal cases in general............................................5.701
Appeals; decisions or actions involving documentation of vessels 
                                                                 1.03-45
Appeals; decisions or actions of a District Commander............1.03-25
Appeals; decisions or actions of a recognized classification 
society acting on behalf of the Coast Guard......................1.03-35
Appeals; decisions or actions of an OCMI.........................1.03-20
Appeals; decisions or actions of the Marine Safety Center........1.03-30
Appeals to the National Transportation Safety Board................5.713
Applicability of fees.............................................2.10-1
Application of regulations to vessel or tankships on an 
international voyage..............................................2.01-8

[[Page 96]]

Application of regulations to oceanographic research vessels 
subject to requirements...........................................3.03-1
Application for recognition........................................8.240
Application form....................................................9.15
Application procedures.............................................5.903
Applications for inspections......................................2.01-1
Approvals.........................................................2.75-1
Certificates of approval..........................................2.75-5
Hazardous ship's stores..........................................2.75-60
Portable fire extinguishers......................................2.75-25
Procedures for obtaining.........................................2.75-10
Requirements and tests...........................................2.75-15
Suspension of approval...........................................2.75-40
Welding procedures and performance qualifications................2.75-70
Withdrawals or termination of approvals and appeals..............2.75-50
Army..............................................................4.11-1
Assault, with a dangerous weapon..............................5.61(a)(1)
Assessment and collection of fees...................................9.14
Assignment of loadlines.............................................2.85
Atlantic Beach, NY..................................................7.25
Atlantic Coast.....7.10, 7.15, 7.20, 7.25, 7.30, 7.35, 7.40, 7.45, 7.50, 
             7.55, 7.60, 7.65, 7.70, 7.75, 7.80, 7.85, 7.90, 7.95, 7.100
Attorney General....................................................5.69
Authority for regulations..................................3.01-3, 4.01,
Authorized classification society..................................8.100
Availability of records.............................................4.13

                                 B

Billing for services................................................9.16
Block Island Sound, RI..............................................7.20
Blueprints..........................................................2.90
Board..........................................................4.40-5(b)
British Virgin Island........................................2.10-120(a)
Broken periods.......................................................9.8
Buzzards Bay, MA....................................................7.20

                                 C

California.............................7.115, 7.120, 7.125, 7.130, 7.135
Canadian (BC)......................................................7.150
Cape Ann, MA........................................................7.10
Cape Blanco, OR....................................................7.140
Cape Charles, VA....................................................7.45
Cape Fear, NC.......................................................7.60
Cape Flattery, WA..................................................7.140
Cape Henlopen, DE...................................................7.45
Cape Henry, VA......................................................7.55
Cape May, NJ........................................................7.35
Cape Spencer, Alaska...............................................7.155
Cape St. Elias, AK.................................................7.155
Cargo vessel.......................2.01-15(a)(3), 2.01-15(b)(3), 2.01-40
Cause or probable cause determinations from Board investigations 
                                                                 4.40-20
Certificates:
Amending.......................................................2.01-5(c)
Applications..................................................2.01-25(b)
Description....................................................2.01-5(b)
Exempted vessel...............................................2.01-25(e)
Foreign flag vessels..........................................2.01-25(g)

[[Page 97]]

Issuance of....................................................2.01-5(a)
Issued to foreign vessels.........................................2.01-6
Of approval.......................................................2.75-5
Of inspection.....................................................2.01-5
Or documents issued by Coast Guard or others..............2.95-1, 2.95-5
Posting.......................................................2.01-25(f)
Changes in vessel service.......................................2.10-115
Chairman.......................................................4.40-5(c)
Charges..........................................................4.09-35
Charleston Harbor, SC...............................................7.65
Chemical test.....................................................4.03-7
Chemical testing, mandatory, following serious marine incidents 
involving vessels in commercial service.............................4.06
Chesapeake Bay and tributaries......................................7.50
Chief engineer's report..........................................2.20-40
Chronological record of seaman's previous employment................6.07
Class rules........................................................8.100
Classification society authorization to issue international 
certificates.......................................................8.320
Classification society authorization to participate in the 
Alternate Compliance Program.......................................8.420
Classes of vessels (including motorboats) examined or inspected 
and certificated..................................................2.01-7
Coast Guard:
Civilian personnel...................................................9.1
District.........................................................4.03-20
Marine casualty investigations for the Board.....................4.40-25
National Transportation Safety Board Marine Casualty 
Investigations......................................................4.40
Coercion of witnesses.............................................4.11-5
Collection of specimens in incidents involving fatalities........4.06-30
Collection requirements..........................................4.06-20
Collector of Customs, Treasury Department...........................9.16
Commandant......1.01-10(a), 4.03-15, 4.07-1, 4.09-1, 5.65, 5.801, 5.807, 
                                                            5.905, 8.100
Computation of time...............................................4.21-1
Conduct of investigations..........................................5.101
Congressional appropriations necessary..............................9.13
Conviction for a dangerous drug law violation, use of, or 
addiction to the use of dangerous drugs.............................5.35
Corrections or amendments of charges and/or specifications.........5.525
Counsel for witnesses and parties in interest....................4.07-35
Course of action available.........................................5.105

                                 D

Dangerous drug.............................................4.05-12, 5.35
Decision and order of the Administrative Law Judge on appeal to 
the Commandant.....................................................5.707
Decision of the Commandant on Appeal...............................5.715
Definitions...........1.01-5, 1.03-10, 2.10-25 3.05, 4.03, 4.40-5, 8.100
Delaware Bay and tributaries........................................7.40
Delegated function.................................................8.100
Delegated function related to general vessel safety assessment.....8.100
Delegation of OCMI signature authority...........................2.01-30
Deposit or Surrender of License, Certificate or Document:
Return or issuance of a license, certificate of registry, or 
merchant mariners document.........................................5.205
Voluntary deposits.................................................5.201

[[Page 98]]

Voluntary surrender................................................5.203
Deposition.......................................................4.07-25
Designation of Oceanographic Research Vessels:
Application.........................................................3.03
Authority and Purpose...............................................3.01
Definitions.........................................................3.05
Designation.........................................................3.10
Letter of designation.............................................3.05-1
Oceanographic research vessel.....................................3.05-3
Procedures for designating oceanographic research vessels.........3.10-1
Purpose of regulations............................................3.01-1
Renewal of letter of designation..................................3.10-5
Right of appeal..................................................3.10-10
Vessel subject to the requirements................................3.03-1
District Commander...................................1.01-10(b), 4.03-25
Domestic vessels, inspection requirements........................2.01-10
Drawings............................................................2.90
Drill ship MODU..................................................2.10-25

                                 E

Eastport, ME........................................................7.10
Employees of vessels controlled by Army or Navy as witnesses......4.11-1
Enforcement........................................................5.307
Environment
Significant harm.................................................4.03-65
Equipment or material required to be approved....................2.95-10
Evidence of criminal liability......................................5.69
Exclusive Surveyor.................................................8.100
Excursion permit.................................................2.01-45
Exemptions........................................................2.10-5
Existing vessel...............................................1.03-10(c)
Extra compensation for overtime services:
Application form....................................................9.15
Assessment and collection fees......................................9.14
Billing for services................................................9.16
Broken periods.......................................................9.8
Congressional appropriation necessary...............................9.13
Coast Guard civilian personnel.......................................9.1
Night, Sunday, and holiday defined...................................9.5
Overtime earnings not basis for overtime under Federal Employees 
Pay Act of 1945......................................................9.3
Payment although no actual service performed.........................9.2
Proration of charges................................................9.11
Protests............................................................9.17
Rate for night service...............................................9.6
Travel status overtime..............................................9.12
Two hours between broken periods.....................................9.9
Waiting time........................................................9.10
Waiting time; actual report for duties...............................9.4

                                 F

Federal Employees Pay Act of 1945....................................9.3
Fees................................................................2.10
Annual inspection fee...........................................2.10-101
Applicability.....................................................2.10-1
Changes in vessel service.......................................2.10-115
Definitions......................................................2.10-25

[[Page 99]]

Exemptions........................................................2.10-5
For examination of foreign mobile offshore drilling units.......2.10-130
For examination of foreign tankships............................2.10-125
Overseas inspection and examination fees........................2.10-120
Penalties.......................................................2.10-135
Prepayment of annual vessel inspection fees.....................2.10-105
Waivers..........................................................2.10-10
Ferry............................................................2.10-25
Fire prevention equipment........................................2.20-50
Fishing vessels..................................................2.01-50
Florida.................................................7.85, 7.90, 7.95
Florida Reefs and Keys.............................................7.100
Folly Island, SC....................................................7.70
Foreign Mobile Offshore Drilling Units..........................2.10-130
Foreign tankships...............................................2.10-125
Foreign units of Coast Guard, investigation by...................4.07-45
Foreign vessel, inspection requirements..........................2.01-13
Freight barge....................................................2.10-25
Freight ship.....................................................2.10-25
Freight vessel...................................................2.10-25

                                 G

General...................................................1.03-15, 5.501
Flow of functions................................................1.01-25
Purpose of boundary lines............................................7.1
Requirements.............................................2.10-20, 2.90-1
Georgia.......................................................7.75, 7.85
Gross tons.........................................................8.100
Gulf Coast.........................................................7.105

                                 H

Handling and shipping, specimen..................................4.06-40
Haro Strait, WA....................................................7.145
Hawaii.............................................................7.110
Hazardous materials, incidents involving.........................4.05-30
Hazardous ship's stores..........................................2.75-60
Hearings:
General............................................................5.501
Order..............................................................5.567
Selection of an appropriate order..................................5.569
Verification of license, certificate, or document..................5.521
Hilton Head Island, SC..............................................7.70
Holiday defined......................................................9.5

                                 I

Incidents involving foreign tank vessels..........................4.05-2
Incidents involving hazardous materials..........................4.05-30
Incompetence............................................5.31, 5.61(a)(9)
Incorporation by reference.........................................8.110
Individual directly involved in a serious marine incident.........4.03-4
Industrial vessel................................................2.10-25
Information to be furnished Marine Board of Investigation........4.07-55
Inspections:
Applications......................................................2.01-1
Application of regulations to vessel or tankships on an 
international voyage..............................................2.01-8

[[Page 100]]

Certificates issued to foreign vessels............................2.01-6
Certificates of inspection........................................2.01-5
Classes of vessels (including motorboats) examined or inspected 
and certificated..................................................2.01-7
Delegation of OCMI signature authority...........................2.01-30
Excursion permit.................................................2.01-45
Notification of inspection........................................2.01-3
Overtime compensation............................................2.01-60
Passengers or persons in addition to crew on cargo or tank vessels
                                                                 2.01-40
Persons other than crew on towing, oyster, or fishing steam 
vessels..........................................................2.01-50
Requirements for:
Domestic vessels.................................................2.01-10
Foreign vessels..................................................2.01-13
Revocation of certificates of inspection.........................2.01-20
Right of appeal..................................................2.01-70
Vessel inspections in Alaska.....................................2.01-80
Vessel repairs...................................................2.01-15
Interference with master, ship's officers, or government officials 
in performance of official duties............................5.61(a)(10)
International Convention for Safety of Life at Sea, 1974.........2.01-25
International voyage..............................................2.01-8
Investigations......................................................4.07
Commandant or District Commander to order investigation............4.7-1
Counsel for witnesses and parties in interest....................4.07-35
Foreign Units of Coast Guard, investigations by..................4.07-45
Information to be furnished Marine Board of Investigation........4.07-55
Investigating officers, powers of.................................4.07-5
Opening statement.................................................4.07-7
Recommendations, action on.......................................4.07-15
Report of investigation..........................................4.07-10
Testimony of witnesses in other districts, depositions...........4.07-25
Testimony of witnesses under oath................................4.07-30
Transfer of jurisdiction.........................................4.07-20
Investigating officer......................................4.03-30, 5.15
Issuance of subpoenas..............................................5.301

                                 J

Judicial review..................................................1.01-30
Jurisdiction.....................................................4.07-20

                                 K

Kenai Peninsula, AK................................................7.165
Kodiak Island, AK..................................................7.165
Kotzebue Sound, AK.................................................7.180

                                 L

Law enforcement officer..........................................4.03-55
Letter of Compliance.........................2.10-125(a), 2.10-130(a)(b)
Letter of designation.............................................3.05-1
License............................5.57, 5.61, 5.205 5.521, 5.707, 5.715
Lifesaving equipment.............................................2.20-50
Liquefied gas tankship...........................................2.10-25
Little Talbot Island, FL............................................7.85
Load lines, assignment of...................................2.85, 2.85-1

[[Page 101]]

Long Island Sound, NY...............................................7.20

                                 M

Major marine casualty..........................................4.40-5(d)
Mamala Bay, HI.....................................................7.110
Mandatory chemical testing..........................................4.06
Responsibilities of individuals involved in serious marine 
incidents.........................................................4.06-5
Responsibilities of the marine employer...........................4.06-1
Specimen analysis and follow-up procedures.......................4.06-50
Specimen collection in incidents involving fatalities............4.06-30
Specimen collection requirements.................................4.06-20
Specimen handling and shipping...................................4.06-40
Submission of reports and test results...........................4.06-60
Maritime labor disputes.............................................5.71
Marine Board of Investigation......................4.07-55, 4.09, 4.09-5
Marine casualty investigation by the Board.......................4.40-15
Marine casualty or accident...............4.03-1, 4.05-1 4.05-5, 4.05-10
Marine employer..........................................4.03-45, 4.06-1
Marine Safety Center.............................................1.03-30
Marine type, portable fire extinguishers.........................2.75-25
MARPOL 73/78.......................................................8.100
Marquesas Keys, FL.................................................7.100
Massachusetts Bay, MA...............................................7.15
Medical facility..................................................4.03-5
Medical personnel.................................................4.03-6
Mental incompetence................................................5.201
Merchant mariners document.............................5.57, 5.205,5.521
Merchant Vessel Location Filing System............................4.04-3
Mexican border.....................................................7.120
Miami, FL..........................................................7.100
Military Sealift Command............................................6.06
Minimum standards for a recognized classification society..........8.230
Misconduct..........................................................5.27
Resulting in loss of life or serious injury...................5.61(a)(2)
Mobile Offshore Drilling Units.........................2.10-25, 2.10-130
Montauk Point, NY...................................................7.25
Murder or attempted murder....................................5.61(a)(4)
Mutiny........................................................5.61(a)(5)

                                 N

Nantucket Sound.....................................................7.20
Narragansett Bay, MA................................................7.20
Nautical school vessel...........................................2.10-25
Navy..............................................................4.11-1
Negligence..........................................................5.29
New vessel....................................................1.03-10(b)
New York Harbor.....................................................7.30
Night defined........................................................9.5
Non-profit organization..........................................2.10-25
Notice of marine casualty.........................................4.05-1
Alcohol or drug use by individuals directly involved in casualties
                                                                 4.05-12
Incidents involving hazardous materials..........................4.05-30
Report of accident to aid to navigation..........................4.05-20
Reports when state of war exists.................................4.05-25
Substance of marine casualty notice...............................4.05-5
Voyage records, retention of.....................................4.05-15

[[Page 102]]

Written report of marine casualty................................4.05-10
Notification of inspection........................................2.01-3
Noxious liquid substance (NLS)...................................4.03-60
Nuclear vessel...................................................4.03-35
Nunivak, AK........................................................7.175

                                 O

Oceanographic vessels..............2.01-15(a)(6), 2.01-15(b)(6), 2.10-25
OCMI....................................................1.03-20, 2.01-30
Officer in Charge, Marine Inspection (OCMI)........................8.100
Offshore supply vessel...........................................2.10-25
OMB control numbers assigned pursuant to the Paperwork Reduction 
Act..............................................................1.01-35
Opening statement.................................................4.07-7
Order..............................................................5.567
Oregon......................................................7.135, 7.140
Organization, Coast Guard Marine Safety:
Districts........................................................1.01-15
Headquarters.....................................................1.01-10
Overseas inspection and examination fees........................2.10-120
Overtime compensation............................................2.01-60
Overtime earnings not basis for overtime under Federal Employees 
Pay Act of 1945......................................................9.3
Oyster vessels...................................................2.01-50

                                 P

Paperwork Reduction Act..........................................1.01-35
Party in interest.......................................4.03-10, 4.07-35
Passenger barge..................................................2.10-25
Passengers or persons in addition to crew on cargo or tank vessels
                                                                 2.01-40
Passenger ship...................................................2.10-25
Passenger vessels..................2.01-15(a)(1), 2.01-15(b)(1), 2.10-25
Payment although no actual service performed.........................9.2
Payment of witness fees and allowances...........................4.09-10
Penalties.................................2.10-135, 2.50, 2.50-1,4.06-70
Permits for excursion............................................2.01-45
Persons other than crew on towing, oyster, or fishing vessels....2.01-50
Perversion....................................................5.61(a)(6)
Physical incompetence..............................................5.201
Physician-patient privilege.........................................5.67
Plans, drawings, or blueprints......................................2.90
Point Conception, CA........................................7.125, 7.130
Point Fermin, CA...................................................7.120
Point Sur, CA...............................................7.130, 7.135
Point Vincente, CA.................................................7.125
Point Whitshed, AK.................................................7.160
Political subdivision............................................2.10-25
Portable fire extinguishers......................................2.75-25
Potential vessel casualty...........................................4.04
Powers of:
Investigating officer..............................................5.103
Marine Board of Investigation.....................................4.09-5
Preferment of charges............................................4.09-35
Preliminary investigation by the Coast Guard.....................4.40-10
Preparations and service of charges and specifications.............5.107
Prepayment of annual vessel inspection fees.....................2.10-105
Proceedings, record of...........................................4.09-20

[[Page 103]]

Procedures for Coast Guard investigation.........................4.40-30
Procedures for designating oceanographic research vessels.........3.10-1
Procedures for effecting individual waivers of navigation and 
vessel inspection laws and regulations..............................6.01
Procedures for obtaining approvals...............................2.75-10
Proof of service...................................................5.309
Proration of charges................................................9.11
Protests............................................................9.17
Public availability of records....................................4.13-1
Public nautical schoolships.................2.01-15(a)(5), 2.01-15(b)(5)
Public vessel................................2.10-25, 4.03-40, 4.40-5(e)

                                 Q

Qualifications for construction personnel...........................2.75
Qualified medical personnel.......................................4.03-6
Quashing a subpoena................................................5.305

                                 R

Rate for night service...............................................9.6
Rate for Sunday or holiday services..................................9.7
Reciprocity........................................................8.120
Recognition of a classification society............................8.220
Recognized classification society......................1.03-10(a), 8.100
Recognized laboratory......................................2.75-25(c)(3)
Recommendations, action on.......................................4.07-15
Record, availability of...........................................4.13-1
Record of proceedings............................................4.09-20
Record of the Coast Guard and the Board..........................4.40-35
Recreational vessels.............................................4.03-50
Regulations, authority and scope....................................4.01
Return of issuance of a license, certificate or registry, or 
merchant mariners document.........................................5.205
Relationship to Coast Guard marine investigation regulations and 
procedures........................................................4.40-3
Renewal of letter of designation..................................3.10-5
Repairs or alteration in lifesaving or fire protection equipment 
                                                                 2.20-50
Reporting exclusion...............................................4.01-3
Report of accident to aid to navigation..........................4.05-20
Report of Chief engineer.........................................2.20-40
Report of investigation..........................................4.07-10
Report of lack of vessel communication............................4.04-3
Report of potential vessel casualty...............................4.04-1
Reports and forms...................................................2.20
Reports when state of war exists.................................4.05-25
Requirements and test, safety equipment..........................2.75-15
Requirements for alcohol and drug testing following a serious 
marine incident...................................................4.06-3
Rescue Coordination Center (RCC)...............................4.04-1(a)
Respondent.........................................................5.303
Responsibilities of individuals directly involved in serious 
marine incidents..................................................4.06-5
Responsibilities of the marine employer...........................4.06-1
Retention of records by the public..................................2.95
Revocation.......................................1.01-20, 2.01-20, 5.567
Revocation of a classification society recognition.................8.260
Right of appeal...................................1.03, 2.01-70, 3.10-10
Rio Grande, TX.....................................................7.105

[[Page 104]]

Rules for establishing boundary lines................................7.5

                                 S

Sabotage......................................................5.61(a)(7)
Sailing school vessel............................................2.10-25
Sandy Hook, NJ......................................................7.35
Santa Catalina Island, CA..........................................7.115
Savannah River......................................................7.75
Scope of regulations..............................................4.01-1
Sea-going towing vessel..........................................2.10-25
Selection of an appropriate order..................................5.569
Self-elevating MODU..............................................2.10-25
Semi-submersible MODU............................................2.10-25
Serious marine incident...........................................4.03-2
Sessions to be public............................................4.09-17
Significant harm
To the environment...............................................4.03-65
Small passenger vessels............2.01-15(a)(2), 2.01-15(b)(2), 2.10-25
Smuggling of aliens...........................................5.61(a)(8)
SOLAS..............................................................8.100
Specimen analysis and follow-up procedures.......................4.06-50
Specimen collection in incidents involving fatalities............4.60-30
Specimen collection requirements.................................4.06-20
Specimen handling and shipping...................................4.06-40
St. Johns Point, FL.................................................7.95
St. Johns River, FL.................................................7.90
St. Simons Island, GA.........................................7.80, 7.85
State............................................................2.10-25
Strait of Georgia, WA..............................................7.145
Strait of Juan de Fuca, WA.........................................7.145
Submersible MODU.................................................2.10-25
Submersible vessel...............................................2.10-25
Submission of reports and test results...........................4.06-60
Substance of marine casualty notice...............................4.05-5
Substance of reports..............................................4.04-5
Sullivans Island, SC................................................7.60
Sunday, defined......................................................9.5
Suspension and revocation proceedings............................1.01-20
Suspension of approval...........................................2.75-40

                                 T

Tank barge.......................................................2.10-25
Tank vessels......2.01-8, 2.01-15(a)(4), 2.01-15(b)(4) 2.10-25, 2.10-125
Tank vessel.............................................2.10-25, 4.03-70
Termination of classification society authority...................8.450,
Testimony by deposition.............................................4.12
Testimony by interrogatories........................................4.12
Testimony of witnesses in other districts, depositions...........4.07-25
Testimony under oath.............................................4.07-30
Tests, for approval of safety equipment..........................2.75-15
Time and place of investigation, notice of; rights of witnesses, 
etc..............................................................4.09-15
Time limitations...................................................5.901
Transfer of jurisdiction.........................................4.07-20
Travel status overtime..............................................9.12
Two hours between broken periods.....................................9.9
Tybee Island, GA....................................................7.80

[[Page 105]]

                                 U

United States border........................................7.120, 7.150
U.S. Attorney....................................................4.09-25
U.S. supplement to class rules.....................................8.430
User fee anniversary date........................................2.10-25
User fees.................................................Table 2.10-101

                                 V

Verification of license, certificate or document...................5.521
Vessel enrollment in Alternate Compliance Program..................8.440
Vessel identification number (VIN)...............................2.10-25
Vessel inspections................................................Part 2
Vessel of the United States....................................4.40-5(f)
Vessel repairs...................................................2.01-15
Vessels:
Oceanographic research vessels....................................3.03-1
Operated by or chartered to Military Sealift Command................6.06
Requisitioned by the United States for emergency evacuation.........6.04
Subject to the requirements; Vineyard Sound, MA.....................7.20
Voyage records, retention of.....................................4.05-15

                                 W

Waiting time...................................................9.10, 9.4
Waiting time; actual report for duties...............................9.4
Waivers..........................................................2.10-10
Welding procedures and performance qualifications................2.75-70
Withdrawals or terminations of approvals and appeals.............2.75-50
Witnesses fees.............................................4.11, 4.11-10
Witnesses: payment of............................................4.09-10
Written report of marine casualty................................4.05-10

                                 Y

Youth............................................................2.10-25

[[Page 106]]



            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.
10.102 National Maritime Center.
10.103 Incorporation by reference.
10.104 Definitions of terms used in this part.
10.105 Applications.
10.107 Paperwork approval.
10.109 Fees.
10.110 Fee payment procedures.
10.111 Penalties.
10.112 No-fee license for certain applicants.
10.113 Transportation Worker Identification Credential.

  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, certificates of registry, and STCW 
          certificates or endorsements.
10.203 Quick reference table for license and certificate of registry 
          requirements.
10.204 Right of appeal.
10.205 Requirements for original licenses, certificates of registry, and 
          STCW certificates and endorsements.
10.207 Requirements for raises of grades of licenses.
10.209 Requirements for renewal of licenses, certificates of registry, 
          and STCW certificates and endorsements.
10.210 Eligibility for towing license.
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, use of training-
          record books, and use of towing officer assessment records.
10.305 Radar-Observer certificates and qualifying courses.
10.306 [Reserved]
10.307 Training schools with approved radar observer courses.
10.309 Coast Guard-accepted training other than approved 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 Structure of deck licenses.
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.

[[Page 107]]

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.
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.
10.463 General requirements for licenses for master, mate (pilot), and 
          apprentice mate (steersman) of towing vessels.
10.464 Requirements for licenses as master of towing vessels.
10.465 Requirements for licenses as mate (pilot)of towing vessels.
10.466 Requirements for licenses as apprentice mate (steersman) of 
          towing vessels.
10.467 Licenses for operators of uninspected passenger vessels of less 
          than 100 gross tons.
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.
10.491 Licenses for service on offshore supply vessels.
10.493 Master (OSV).
10.495 Chief Mate (OSV).
10.497 Mate (OSV).

   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).
10.551 Licenses for service on offshore supply vessels.
10.553 Chief Engineer (OSV).
10.555 Engineer (OSV).

[[Page 108]]

                  Subpart F_Licensing of Radio Officers

10.601 Applicability.
10.603 Requirements for radio officers' licenses, and STCW certificates 
          or endorsements for GMDSS radio operators.

         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.
10.805 General requirements.
10.807 Experience requirements for registry.
10.809 Experience requirements for ratings endorsed on certificate of 
          registry.
10.811 [Reserved]

Subpart I_Subjects of License Examinations and Practical Demonstrations 
                              of Competence

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.

                     Subpart J_Ro-Ro Passenger Ships

10.1001 Purpose of regulations.
10.1003 Definition.
10.1005 General requirements for license-holders.

  Subpart K_Officers on a Passenger Ship, Other Than a Ro-Ro Passenger 
                  Ship, When on an International Voyage

10.1101 Purpose of rules.
10.1103 Definitions.
10.1105 General requirements for license holders.

    Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, and 
2110; 46 U.S.C. chapter 71; 46 U.S.C. 7502, 7505, 7701, and 8906; 
Executive Order 10173; Department of Homeland Security Delegation No. 
0170.1. Section 10.107 is 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 purposes of the regulations in this part are to provide--
    (1) A comprehensive means of determining the qualifications an 
applicant must possess to be eligible for a license as a deck officer, 
engineer, pilot, radio officer, or radio operator on merchant vessels, 
or for a license to operate uninspected towing vessels or uninspected 
passenger vessels, or for a certificate of registry as a staff officer; 
and
    (2) A means of determining that an applicant is competent to serve 
as a master, chief mate, officer in charge of a navigational watch, 
chief engineer officer, second engineer officer (first assistant 
engineer), officer in charge of an engineering watch, designated duty 
engineer, or radio operator, in accordance with the provisions of the 
International Convention on Standards of Training, Certification and 
Watchkeeping for Seafarers, 1978, as amended in 1995 (STCW), and other 
laws, and to receive the appropriate certificate or endorsement as 
required by STCW.
    (b) With few exceptions, these regulations do not specify or 
restrict licenses to particular types of service such as tankships, 
freight vessels or passenger vessels. However, all licensed personnel 
shall become familiar with the relevant characteristics of each vessel 
prior to assuming their duties. As appropriate, these characteristics 
include but are not limited to: general arrangement of the vessel; 
maneuvering characteristics; proper operation of the installed 
navigation equipment; firefighting and lifesaving equipment; stability 
and loading characteristics; emergency duties; and main propulsion and 
auxiliary machinery, including steering gear systems and controls.
    (c) The regulations in subpart C of this part prescribe the 
requirements applicable to--
    (1) Each approved training course, if the training course is to be 
acceptable as a partial substitute for service or for a required 
examination, or as training required for a particular license or license 
endorsement; and

[[Page 109]]

    (2) All training and assessment associated with meeting the 
standards of competence established by STCW.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 95-062, 62 FR 
34528, June 26, 1997]



Sec. 10.102  National Maritime Center.

    The Commanding Officer of the National Maritime Center has the same 
authority as an OCMI for the purpose of carrying out the marine safety 
functions listed in Sec. 1.01-15(c) of this title pursuant to the 
provisions of this subchapter.

[USCG-2006-25535, 72 FR 7931, Feb. 22, 2007]



Sec. 10.103  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in paragraph (b) of this section, the Coast Guard must publish 
notice of change in the Federal Register and must ensure that the 
material is available to the public. All approved material is available 
for inspection at the U.S. Coast Guard, Office of Operating and 
Environmental Standards, 2100 Second Street SW., Washington, DC 20593-
0001, or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html. All material is available from 
the sources indicated in paragraph (b) of this section.
    (b) The material incorporated by reference in this part and the 
sections affected are as follows: International Maritime Organization 
(IMO), 4 Albert Embankment, London, SE1 7SR, England. The STCW--
International Convention on Standards of Training, Certification and 
Watchkeeping for Seafarers, 1978, as amended (the STCW Convention, or 
the STCW)--and Seafarers' Training, Certification and Watchkeeping Code 
(the STCW Code), approved for incorporation by reference in sections 
10.103; 10.205; 10.304; 10.603; 10.901; 10.903; 10.1005; and 10.1105 of 
this part.

[CGD 95-062, 62 FR 34529, June 26, 1997, as amended by USCG-1999-6216, 
64 FR 53223, Oct. 1, 1999; USCG-1999-5610, 67 FR 66067, Oct. 30, 2002; 
USCG-2004-18884, 69 FR 58342, Sept. 30, 2004. Redesignated by USCG-2006-
25535, 72 FR 7931, Feb. 22, 2007]



Sec. 10.104  Definitions of terms used in this part.

    Apprentice mate (steersman) of towing vessels means a mariner 
qualified to perform watchkeeping on the bridge, aboard a towing vessel, 
while in training under the direct supervision of a licensed master or 
mate (pilot) of towing vessels.
    Approved means approved by the Coast Guard in accordance with Sec. 
10.302.
    Approved training means training that is approved by the Coast Guard 
or meets the requirements of Sec. 10.309.
    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

[[Page 110]]

will fall in the event of the incapacity of the master.
    Coast Guard-accepted means that the Coast Guard has officially 
acknowledged in writing that the material or process at issue meets the 
applicable requirements; that the Coast Guard has issued an official 
policy statement listing or describing the material or process as 
meeting the applicable requirements; or that an entity acting on behalf 
of the Coast Guard under a Memorandum of Agreement has determined that 
the material or process meets the applicable requirements.
    Conviction means the applicant for a license or certificate of 
registry has been found guilty by judgment or plea by a court of the 
United States, the District of Columbia, any State, territory, or 
possession of the United States, a foreign country, or any military 
court, of a criminal felony or misdemeanor or of an offense described in 
section 205 of the National Driver Register Act of 1982, as amended (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 
forgo appeal of a trial court's conviction, then the applicant will be 
considered to have received a conviction. A later expunged conviction 
will not negate the conviction unless it is proved to the Coast Guard 
that the expungement is based upon a showing that the court's earlier 
conviction was in error.
    Dangerous drug means a narcotic drug, a controlled substance, or a 
controlled-substance analogue (as defined in section 102 of the 
Comprehensive Drug Abuse and Control Act of 1970 (21 U.S.C. 802)).
    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.
    Designated examiner means a person who has been trained or 
instructed in techniques of training or assessment and is otherwise 
qualified to evaluate whether a candidate for a license, document, or 
endorsement has achieved the level of competence required to hold the 
license, document, or endorsement. This person may be designated by the 
Coast Guard or by a Coast Guard-approved or accepted program of training 
or assessment. A faculty member employed or instructing in a navigation 
or engineering course at the U.S. Merchant Marine Academy or at a State 
maritime academy operated in accordance with regulations in 46 CFR part 
310 is qualified to serve as a designated examiner in his or her area(s) 
of specialization without individual evaluation by the Coast Guard.
    Disabled vessel means a vessel that needs assistance, whether 
docked, moored, anchored, aground, adrift, or under way; but does not 
mean a barge or any other vessel not regularly operated under its own 
power.
    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

[[Page 111]]

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.
    Harbor assist means the use of a towing vessel during maneuvers to 
dock, undock, moor, or unmoor a vessel, or to escort a vessel with 
limited maneuverability.
    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 and, for towing vessels, excluding the Western Rivers. 
For establishing credit for sea service, the waters of the Inside 
Passage between Puget Sound and Cape Spencer, Alaska, are inland waters.
    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.
    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 Regional 
Examination Centers, or any person so designated by the Commandant.
    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

[[Page 112]]

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.
    Pilot of towing vessels means a qualified officer of towing vessels 
operating only on inland routes.
    Practical demonstration means the performance of an activity under 
the direct observation of a designated examiner for the purpose of 
establishing that the performer is sufficiently proficient in a 
practical skill to meet a specified standard of competence or other 
objective criterion.
    Qualified instructor means a person who has been trained or 
instructed in instructional techniques and is otherwise qualified to 
provide required training to candidates for licenses, documents, and 
endorsements. A faculty member employed at a State maritime academy or 
the U.S. Merchant Marine Academy operated in accordance with 46 CFR part 
310 and instructing in a navigation or engineering course is qualified 
to serve as a qualified instructor in his or her area(s) of 
specialization without individual evaluation by the Coast Guard.
    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.
    Standard of competence means the level of proficiency to be achieved 
for the proper performance of duties on board vessels in accordance with 
national and international criteria.
    STCW means the International Convention on Standards of Training, 
Certification and Watchkeeping for Seafarers, 1978, as amended in 1995 
and 1997 (incorporated by reference in Sec. 10.102).
    STCW Code means the Seafarer's Training, Certification and 
Watchkeeping Code.
    STCW endorsement means a certificate or endorsement issued in 
accordance with STCW. An STCW endorsement issued by the Officer in 
Charge, Marine Inspection (OCMI), will be valid only when accompanied by 
the appropriate U.S. license or document; and, if the license or 
document is revoked, then the associated STCW endorsement is no longer 
valid for any purpose. References to STCW placed on a U.S. license or 
merchant mariner's document will suffice as STCW endorsements for the 
mariner serving on a vessel operating exclusively on a domestic voyage 
(i.e., to and from U.S. ports or places subject to U.S. jurisdiction).
    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 Sec. Sec. 10.404 to 
10.407 of subpart D of this part and Sec. Sec. 10.510, 10.512, 10.514, 
and 10.516 of subpart E of this part.

[[Page 113]]

    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.
    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]

    Editorial Note: For Federal Register citations affecting Sec. 
10.103, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 10.105  Applications.

    (a) Applicants for merchant mariner's documents, licenses, 
certificates or credentials may apply to the Coast Guard National 
Maritime Center or any of the Regional Examination Centers. Applicants 
may contact the National Maritime Center at 4200 Wilson Boulevard, Suite 
630, Arlington, Virginia 22203-1804, or by telephone at 202-493-1002. A 
list of Regional Examination Center locations is available through the 
Coast Guard Web site at http://www.uscg.mil.
    (b) A complete application for a license or certificate of registry, 
whether original, renewal, duplicate, or raise of grade, consists of a 
written application, all applicable supplementary documents required by 
this part, fingerprints, and two forms of ID. The written portion of the 
application may be submitted by mail, fax, or other electronic means. 
However, no application is complete until the applicant appears in 
person and is fingerprinted by and provides evidence of his or her 
identity to a member of the REC staff. If the applicant is 
simultaneously applying for more than one credential, a single personal 
appearance and fingerprinting will satisfy this requirement for all 
pending applications.
    (c) Each applicant must present at least two forms of identification 
to an REC employee as evidence of his or her identity. Expired or 
otherwise invalid forms may not be used. At least one of the forms of 
identification must contain the applicant's photograph. Acceptable forms 
of identification include the following:
    (1) U.S. military identification card;
    (2)(i) Before May 11, 2008, a U.S. driver's license;
    (ii) On or after May 11, 2008, U.S. driver's license issued by a 
State that meets the standards promulgated pursuant to the REAL ID Act 
of 2005;
    (3) U.S. passport;
    (4) Official identification card issued by a State, or local 
government or by a territory or possession of the U.S. that meets the 
standards promulgated pursuant to the REAL ID Act of 2005.
    (5) Official identification card issued by the Federal Government. 
This includes a Federal employee's identification credential;
    (6) Port credential, with photograph of the applicant, issued by 
State or local government port authority;
    (7) Law enforcement credential, that includes a photograph of the 
applicant and is issued by a Federal, State, or local government or by a 
territory or possession of the U.S.;
    (8) Merchant mariner's document issued after February 3, 2003;
    (9) Foreign passport; or
    (10) Original or a certified copy of a birth certificate, issued by 
a State, county, municipality or outlying possession of the U.S. bearing 
an official seal.

[USCG-2004-17455, 71 FR 2165, Jan. 13, 2006; USCG-2006-25535, 71 FR 
48482, Aug. 21, 2006; 71 FR 54769, Sept. 19, 2006]



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 1625-0040--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 1625-0028--46 CFR 10.302, 10.303, 10.304, 10.480.

[[Page 114]]

    (3) OMB 1625-0079--46 CFR 10.304 and 10.309.

[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; CGD 95-062, 
62 FR 34529, June 26, 1997; USCG-2004-18884, 69 FR 58342, Sept. 30, 
2004]



Sec. 10.109  Fees.

    Use table 10.109 to determine the fees that you must pay for license 
and certificate of registry activities in this part.

                                               Table 10.109--Fees
----------------------------------------------------------------------------------------------------------------
                                                                     And you need--
                                      --------------------------------------------------------------------------
          If you apply for--             Evaluation--then the     Examination--then the   Issuance--then the fee
                                               fee is--                 fee is--                   is--
----------------------------------------------------------------------------------------------------------------
License:
    Original:
        Upper level..................  $100                     $110                      $45
        Lower level..................  100                      95                        45
    Raise of grade...................  100                      45                        45
    Modification or removal of         50                       45                        45
     limitation or scope.
    Endorsement......................  50                       45                        45
    Renewal..........................  50                       45                        45
    Renewal for continuity purposes..  n/a                      n/a                       45
Reissue, Replacement, and Duplicate    n/a                      n/a                       \1\ 45
Radio Officer License:
    Original.........................  50                       n/a                       45
    Endorsement......................  50                       45                        45
    Renewal..........................  50                       n/a                       45
Renewal for continuity purposes        n/a                      n/a                       45
    Reissue, Replacement, and          n/a                      n/a                       \1\ 45
     Duplicate.
Certificate of Registry:
    Original (MMD holder)............  90                       n/a                       45
    Original (MMD applicant).........  105                      n/a                       45
    Renewal..........................  50                       n/a                       45
    Renewal for continuity purposes..  n/a                      n/a                       45
    Endorsement......................  n/a                      n/a                       45
    Reissue, Replacement, and          n/a                      n/a                       \1\ 45
     Duplicate.
STCW Certification:
    Original.........................  No fee                   No fee                    No fee.
    Renewal..........................  No fee                   No fee                    No fee.
----------------------------------------------------------------------------------------------------------------
\1\ Duplicate for document lost as result of marine casualty--No Fee.


[USCG-1997-2799, 64 FR 42814, Aug. 5, 1999; 64 FR 53230, Oct. 1, 1999]



Sec. 10.110  Fee payment procedures.

    (a) You may pay--
    (1) All fees required by this section when you submit your 
application; or
    (2) A fee for each phase at the following times:
    (i) An evaluation fee when you submit your application.
    (ii) An examination fee before you take the first examination 
section.
    (iii) An issuance fee before you receive your license or certificate 
of registry.
    (b) If you take your examination someplace other than a Regional 
Examination Center (REC), you must pay the examination fee to the REC at 
least one week before your scheduled examination date.
    (c) Unless the REC provides additional payment options, your fees 
may be paid as follows:
    (1) Your fee payment must be for the exact amount.
    (2) Make your check or money order payable to the U.S. Coast Guard, 
and write your social security number on the front of each check or 
money order.
    (3) If you pay by mail, you must use either a check or money order.
    (4) If you pay in person, you may pay with cash, check, or money 
order at Coast Guard units where Regional Examination Centers are 
located.
    (d) Unless otherwise specified in this part, when two or more 
documents are processed on the same application--
    (1) Evaluation fees. If a certificate of registry transaction is 
processed on the

[[Page 115]]

same application as a license transaction, only the license evaluation 
fee will be charged; and
    (2) Issuance fees. A separate issuance fee will be charged for each 
document issued.

[USCG-1997-2799, 64 FR 42815, Aug. 5, 1999]



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 Commanding 
Officer, U.S. Coast Guard National Maritime Center, 4200 Wilson 
Boulevard, Suite 630, Arlington, VA 22203-1804 in order to be considered 
an eligible organization under the criteria set forth in paragraph (a) 
of this section. With the written request, the organization must provide 
evidence of its status as a youth oriented, not for profit, charitable 
organization.

    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 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; CGD 97-
057, 62 FR 51042, Sept. 30, 1997; USCG-2001-10224, 66 FR 48619, Sept. 
21, 2001]



Sec. 10.113  Transportation Worker Identification Credential.

    By September 25, 2008 all mariners holding an active License, 
Certificate of Registry or STCW endorsement issued under this part must 
hold a valid Transportation Worker Identification Credential (TWIC) 
issued by the Transportation Security Administration under 49 CFR part 
1572. Failure to obtain or hold a valid TWIC may serve as a basis for 
suspension or revocation of a mariner's license, COR or STCW endorsement 
under 46 U.S.C. 7702 and 7703.

[CG-2006-24196, 72 FR 3587, Jan. 25, 2007]



  Subpart B_General Requirements for All Licenses and Certificates of 
                                Registry



Sec. 10.201  Eligibility for licenses and certificates of registry, 

general.

    (a) The applicant for a license or certificate of registry, whether 
original, renewal, duplicate, or raise of grade, must establish to the 
satisfaction of the Coast Guard that he or she possesses all the 
qualifications necessary (including but not limited to age, experience, 
character references and recommendations, physical health, citizenship, 
approved training, passage of a

[[Page 116]]

professional examination, a test for dangerous drugs, and when required 
by this part, a practical demonstration of skills) before the Coast 
Guard will issue a license or certificate of registry.
    (b) No person who has been convicted of a violation of the dangerous 
drug laws of the United States, the District of Columbia, any State, 
territory, or possession of the United States, or a foreign country, by 
any military or civilian court, 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, a 
dangerous drug, or has ever been convicted of an offense described in 
section 205 of the National Driver Register Act of 1982, as amended (49 
U.S.C. 30304) because of addiction to 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. 10.467(h) 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, mate (pilot) of towing vessels, radio officer, 
assistant engineer (limited-oceans), or designated duty engineer of 
vessels of not more than 4000 horsepower may be granted to an applicant 
who has reached the age of 19 years.
    (2) A license as limited master of near coastal vessels of not more 
than 100 gross tons, limited master of Great Lakes and inland vessels of 
not more than 100 gross tons, mate of Great Lakes and inland vessels of 
25-200 gross tons, mate of near coastal vessels of 25-200 gross tons, 
operator of uninspected passenger vessels, or designated duty engineer 
of vessels of not more than 1,000 horsepower, or apprentice mate 
(steersman) of towing vessels, may be granted to an applicant, otherwise 
qualified, who has reached the age of 18 years.
    (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 Coast Guard will review the criminal 
record of an applicant before the issuance of a license or certificate 
of registry. An applicant conducting simultaneous transactions for 
merchant mariner's credentials will undergo only one criminal record 
check. Applicants must provide written disclosure of all prior 
convictions at the time of application.
    (1) The Coast Guard will use the fingerprints submitted pursuant to 
Sec. 10.105(b) to obtain a criminal record report. An applicant's 
criminal record report may be used to determine that an applicant's 
character and habits of life are such that the applicant cannot be 
entrusted with the duties and responsibilities of the license or 
certificate of registry. Should such a determination be made, the 
application may be disapproved. If an application is disapproved, the 
Coast Guard will advise

[[Page 117]]

the applicant in writing that the reconsideration and appeal procedures 
in subpart 1.03 of this chapter apply and will, in appropriate 
circumstances, notify the applicant of the reason(s) for disapproval. 
The Coast Guard will not administer a written examination until final 
agency action has been made on the applicant's 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 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.

[[Page 118]]



    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.
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

[[Page 119]]

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;
    (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

[[Page 120]]

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; CGD 95-062, 62 FR 34529, June 26, 1997; 
USCG-1999-6224, 64 FR 63225, Nov. 19, 1999; USCG-2005-22329, 70 FR 
57183, Sept. 30, 2005; USCG-2004-17455, 71 FR 2166, Jan. 13, 2006]



Sec. 10.202  Issuance of licenses, certificates of registry, and STCW

certificates or endorsements.

    (a) Applications for original licenses, original certificates of 
registry, raises of grade, extensions of route, or endorsements must be 
current and up-to-date with respect to service and the physical 
examination, as appropriate. Physical examinations and approved 
applications are valid for 12 months.
    (b) Any person who is found qualified under the requirements set 
forth in this part is issued an appropriate license or certificate of 
registry valid for a term of 5 years from date of issuance. Any license 
or certificate of registry which is renewed or upgraded prior to its 
expiration date automatically becomes void upon issuance of the 
replacement license or certificate of registry.
    (c) A license or certificate of registry is not valid until signed 
by the applicant and the OCMI (or the OCMI's designated representative).
    (d) Every person who receives an original license or certificate of 
registry shall take an oath before a designated Coast Guard official 
that he or she will faithfully and honestly, according to his or her 
best skill and judgment, without concealment or reservation, perform all 
the duties required by law and obey all lawful orders of superior 
officers. Such an oath remains binding for all subsequent licenses or 
certificates of registry issued to that person unless specifically 
renounced in writing.
    (e) The applicant for any original license, endorsement, or raise of 
grade of license must have at least three months' qualifying service on 
vessels of appropriate tonnage or horsepower within the three years 
immediately preceding the date of application.
    (f) Any applicant whose uncorrected vision exceeds 20/40 in either 
eye for deck licenses or 20/50 in either eye for engineer, radio 
officer, offshore installation manager, barge supervisor, or ballast 
control operator licenses may not serve under the authority of the 
license unless corrective lenses are worn and spare lenses are carried 
on board a vessel while serving. (Not applicable to staff officers).
    (g) If an Officer in Charge, Marine Inspection, refuses to grant an 
applicant the license or certificate of registry for which applied, the 
OCMI will furnish the applicant, if requested, a written statement 
setting forth the cause of denial.
    (h) The Officer in Charge, Marine Inspection, may modify the service 
and examination requirements in this part to satisfy the unique 
qualification requirements of an applicant. The Officer in Charge, 
Marine Inspection, may also lower the age requirement for operator of 
uninspected passenger vessels license applicants. The authority granted 
by a license will be restricted on its face to reflect any modifications 
made under the authority of this paragraph. Such restrictions shall not 
be removed without the approval of the OCMI issuing the license.
    (i) To obtain an original issuance or a renewal of a license or a 
certificate of registry, a raise in grade of a license,

[[Page 121]]

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.
    (j) When an original license is issued, renewed, upgraded, or 
otherwise modified, the OCMI will determine whether the holder of the 
license needs to hold an STCW certificate or endorsement for service on 
a seagoing vessel and then, if the holder is qualified, will issue the 
appropriate certificate or endorsement. The OCMI will also issue an STCW 
certificate or endorsement at other times, if circumstances so require 
and if the holder of the license is qualified to hold the certificate or 
endorsement.
    (k) Notwithstanding Sec. 10.205 (l), (m), (n), (o), and (p), Sec. 
10.304, and Sec. 10.901, each mariner found qualified to hold any of 
the following licenses will also be entitled to hold an STCW certificate 
or endorsement corresponding to the service or other limitations on the 
license, because the vessels concerned are not subject to further 
obligation under STCW, on account of their special operating conditions 
as small vessels engaged in domestic voyages:
    (1) Master's, mate's, or engineer's license for service on small 
passenger vessels that are subject to subchapter T or K of title 46, 
Code of Federal Regulations (CFR), and that operate beyond the boundary 
line.
    (2) Master's, mate's, or engineer's license for service on seagoing 
vessels of less than 200 gross register tons (GRT), other than passenger 
vessels subject to subchapter H of title 46, CFR.
    (l) Neither any person serving on any of the following vessels, nor 
any owner or operator of any of these vessels, need hold STCW 
certificates or endorsements, because they are exempt from application 
of STCW:
    (1) Uninspected passenger vessels as defined in 46 U.S.C. 2101(42).
    (2) Fishing vessels as defined in 46 U.S.C. 2101(11)(a).
    (3) Fishing vessels used as fish-tender vessels as defined in 46 
U.S.C. 2101(11)(c).
    (4) Barges as defined in 46 U.S.C. 2101(2), including non-self-
propelled mobile offshore-drilling units.
    (5) Vessels operating exclusively on the Great Lakes or the inland 
waters of the U.S. in the straits of Juan de Fuca inside passage.
    (m) No license or certificate of registry will be issued until the 
applicant has passed a criminal record review as set forth in Sec. 
10.201 of this chapter.

[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; CGD 95-062, 62 FR 34529, June 26, 1997; CGD 
95-062, 62 FR 40140, July 25, 1997; CGD 95-062, 62 FR 40281, July 28, 
1997; CGD 95-028, 62 FR 51195, Sept. 30, 1997; USCG-2004-17455, 71 FR 
2166, Jan. 13, 2006]

[[Page 122]]



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.

                                                                                          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).
Towing vessels................  Master of towing  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).
                                 vessels: 21;                        Note: (d)(2).                                         oceans.           10.910.           past 36 months,
                                 mate (pilot) of                                                                                                               10.202(e).
                                 towing vessels:
                                 19; apprentice
                                 mate
                                 (steersman): 18.
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.

[[Page 123]]

 
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, as amended by USCG-1999-6224, 64 FR 63225, Nov. 19, 1999]

[[Page 124]]



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, certificates of

registry, and STCW certificates and endorsements.

    (a) General. The applicant for an original license or certificate of 
registry must present satisfactory documentary evidence of eligibility 
with respect to the applicable requirements of Sec. 10.201 through 
Sec. 10.203. Each applicant must submit an application as set forth in 
Sec. 10.105 and, unless exempted under Sec. 10.112, submit the 
evaluation fee set out in table 10.109 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. Each applicant must provide acceptable evidence of 
his or her citizenship to the Coast Guard. The Coast Guard will reject 
any evidence of citizenship that we do not believe to be authentic. 
``Acceptable evidence of citizenship'' means an original of any one of 
the following documents:
    (1) Original or a certified copy of a birth certificate, issued by a 
State, county, municipality or outlying possession of the U.S. bearing 
an official seal.
    (2) Merchant mariner's document issued by the Coast Guard after 
February 3, 2003 that shows that the holder is a citizen of the U.S.;
    (3) Certificate of Citizenship issued by the U.S. Citizenship and 
Immigration Services or the Immigration and Naturalization Service;
    (4) Certificate of Naturalization issued by the U.S. Citizenship and 
Immigration Services or the Immigration and Naturalization Service; or
    (5) Unexpired U.S. State Department passport.
    (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 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 on behalf of their

[[Page 125]]

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 master or mate (pilot) of 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 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 merchant mariner's 
document. An applicant may not take an examination for a license during 
any period when a

[[Page 126]]

suspension without probation or a revocation is effective against the 
applicant's currently held license or merchant 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 licenses for master or mate of towing vessels for ocean 
service.
    (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 Sec. Sec. 10.429, 10.456, and 10.467 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 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.

[[Page 127]]

    (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).
    (l) Basic safety training or instruction. Except as provided in 
Sec. 10.202, an STCW certificate or endorsement will be issued only 
when the candidate provides evidence of having achieved or, if training 
has been completed, having maintained the minimum standards of 
competence for the following 4 areas of basic safety within the previous 
5 years upon assessment of a practical demonstration of skills and 
abilities:
    (1) Personal survival techniques as set out in table A-VI/1-1 of the 
STCW Code (incorporated by reference in Sec. 10.102).
    (2) Fire prevention and fire-fighting as set out in table A-VI/1-2 
of the STCW Code (also incorporated by reference in Sec. 10.102).
    (3) Elementary first aid as set out in table A-VI/1-3 of the STCW 
Code (also incorporated by reference in Sec. 10.102).
    (4) Personal safety and social responsibilities as set out in table 
A-VI/1-4 of the STCW Code (also incorporated by reference in Sec. 
10.102).
    (m) Competence in the use of Automatic Radar-Plotting Aids (ARPA). 
(1) Subject to paragraph (m)(2) of this section, and except as otherwise 
provided in Sec. 10.202, each candidate for an STCW certificate as 
master or mate for service on vessels in ocean or near-coastal service, 
shall present a certificate of completion from an approved course or 
from accepted training on an ARPA simulator. The course or training must 
be sufficient to establish that the applicant is competent to maintain 
safe navigation through the proper use of ARPA, by correctly 
interpreting and analyzing the information obtained from that device and 
taking into account both the limitations of the equipment and the 
prevailing circumstances and conditions. The simulator used in the 
course or training must meet or exceed the performance standards 
established under STCW Regulation I/12 of the 1995 Amendments.
    (2) Training and assessment in the use of ARPA are not required for 
mariners serving exclusively on vessels not fitted with ARPA. However, 
when any mariner so serving has not completed it, his or her STCW 
certificate or endorsement will be endorsed to indicate this limitation.
    (n) Certificate for operator of radio in the Global Maritime 
Distress and Safety System (GMDSS). (1) Subject to paragraph (n)(2) of 
this section, and except as otherwise provided by Sec. 10.202, each 
candidate for an STCW certificate as master or mate for service in 
vessels in ocean or near-coastal service, shall present--
    (i) A certificate for operator of radio in the GMDSS issued by the 
Federal Communication Commission (FCC); and
    (ii) A certificate of completion from a Coast Guard-approved or 
accepted course for operator of radio in the GMDSS or from another 
approved or accepted program of training and assessment covering the 
same areas of competence. The course or program must be sufficient to 
establish that the applicant is competent to perform radio duties on a 
vessel participating in the GMDSS and meets the standard of competence 
under STCW Regulation IV/2.
    (2) Paragraph (n)(1) of this section does not apply to a candidate 
intending to serve only as a pilot, or intending to serve only on 
vessels not required to comply with the provisions of the GMDSS in 
Chapter IV of the Convention for the Safety of Life at Sea, 1974, as 
amended (SOLAS).
    (3) Each candidate presenting a certificate described in paragraph 
(n)(1) of this section may have his or her STCW certificate suitably 
endorsed with his or her GMDSS qualification.
    (o) Procedures for bridge team work. Except as otherwise provided by 
Sec. 10.202, each candidate for an STCW

[[Page 128]]

certificate as master or mate for service on vessels in ocean or near-
coastal service, shall present sufficient documentary proof that he or 
she understands and can effectively apply procedures for bridge team 
work as an essential aspect of maintaining a safe navigational watch, 
taking into account the principles of bridge-resource management 
enumerated in Section B-VIII/2 of the STCW Code.
    (p) Practical demonstration of skills. Each candidate for an 
original license shall successfully complete any practical 
demonstrations required under this part and appropriate to the 
particular license concerned, to prove that he or she is sufficiently 
proficient in skills required under subpart I of this part. The OCMI 
must be satisfied as to the authenticity and acceptability of all 
evidence that each candidate has successfully completed the 
demonstrations required under this part in the presence of a designated 
examiner. The OCMI will place in the file of each candidate a written or 
electronic record of the skills required, the results of the practical 
demonstrations, and the identification of the designated examiner in 
whose presence the requirements were fulfilled.

[CGD 81-059 and CGD 81-059a, 52 FR 38623 and 38666, Oct. 16, 1987]

    Editorial Note: For Federal Register citations affecting Sec. 
10.205, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 10.207  Requirements for raises of grades of licenses.

    (a) General. Before any person is issued a raise of grade of 
license, the applicant must present satisfactory documentary evidence of 
eligibility with respect to the applicable requirements of Sec. Sec. 
10.201, 10.202, and this section. Each applicant must submit an 
application as set forth in Sec. 10.105, and, unless exempted under 
Sec. 10.112, submit the evaluation fee set out in table 10.109 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, training, and assessment. (1) Each applicant 
for a raise of grade of license shall establish that he or she possesses 
the age, experience, and training necessary, and has been examined and 
otherwise assessed as may be required by this part to establish 
competence to hold the particular license requested, before he or she is 
entitled to a raise in 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 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.

[[Page 129]]

    (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 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; CDG 95-062, 62 FR 34530, June 26, 
1997; USCG-1997-2799, 64 FR 42815, Aug. 5, 1999; USCG-2004-17455, 71 FR 
2166, Jan. 13, 2006]



Sec. 10.209  Requirements for renewal of licenses, certificates of

registry, and STCW certificates and endorsements.

    (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 table 10.109 in Sec. 
10.109. An approved application is valid for 12 months.
    (2) Although the written portion of the application may be initiated 
by mail, fax, or other electronic means, no application for renewal is 
complete

[[Page 130]]

until the applicant appears in person at a Regional Examination Center 
(REC), is fingerprinted, and provides evidence of his or her identity in 
accordance with the requirements of Sec. 10.105.
    (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.
    (6) An applicant for renewal of a license as master or mate (pilot) 
of towing vessels shall submit satisfactory evidence of either by--
    (i) Completing a practical demonstration of maneuvering and handling 
a towing vessel before a designated examiner; or
    (ii) Submitting documentary proof of ongoing participation in 
training and drills during the validity of the license being renewed.
    (d) 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

[[Page 131]]

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, fax, or other electronic means. (i) This 
paragraph sets forth those required portions of the application that may 
be submitted by mail, fax, or other electronic means. Although an 
applicant may initiate, supplement, or complete a renewal by mail, fax, 
or other electronic means, no application for renewal is complete until 
the applicant appears in person at an REC, is fingerprinted, and 
provides evidence of his or her identity in accordance with Sec. 
10.105. The following documents must be submitted by the applicant, but 
may be submitted by mail, fax, or other electronic means:
    (A) A properly completed application on a Coast Guard furnished form 
and the evaluation fee required by table 10.109 in 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 the tables 
in Sec. Sec. 10.109 and 12.02-18 of this chapter for each license, 
certificate of registry, or merchant mariner's document being renewed.
    (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 table 10.109 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.

[[Page 132]]

    (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).
    (k) Except as otherwise provided by Sec. 10.202, each candidate for 
a renewal of an STCW certificate or endorsement as master, mate, 
operator, or engineer, to be valid on or after February 1, 2002, for 
service on any vessel in ocean or near-coastal service, shall meet the 
applicable requirements of paragraphs (l), (m), (n), and (o) in Sec. 
10.205 and shall meet the requirements of Section A-VI/2, paragraph 1 to 
4 of the STCW Code.

[CGD 91-211, 59 FR 49299, Sept. 27, 1994]

    Editorial Note: For Federal Register citations affecting Sec. 
10.209, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 10.210  Eligibility for towing license.

    The figure that follows illustrates the conversion of a towing 
license issued before May 21, 2001. The conversion will take place at 
the first renewal or upgrade of the license after May 20, 2001.

[[Page 133]]

[GRAPHIC] [TIFF OMITTED] TR26AP01.000


[USCG-1999-6224, 66 FR 20935, Apr. 26, 2001]



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.

[[Page 134]]

(Twelve months of experience equals four months of creditable service.)
    (2) Service as a bona fide instructor at a school of navigation or 
marine engineering is creditable on a two-for-one basis for a raise of 
grade. (Twelve months of experience equals six months of creditable 
service).
    (c) Service on mobile offshore drilling units is creditable for 
raise of grade of license. Evidence of one year's service as mate or 
equivalent while holding a license as third mate, or as engineering 
officer of the watch or equivalent while holding a license as third 
assistant engineer, is acceptable for a raise of grade to second mate or 
second assistant engineer, respectively; however, any subsequent raises 
of grade of unlimited, nonrestricted licenses must include a minimum of 
six months of service on conventional vessels.
    (d) Service on a Dual Mode Integrated Tug Barge (ITB) unit is 
creditable for original or raise of grade of any deck licenses. Service 
on a Dual Mode ITB with an aggregate tonnage of over 1600 gross tons is 
creditable on a two-for-one basis (two days experience equals one day of 
creditable service) for up to 50 percent of the total service on vessels 
over 1600 gross tons required for an unlimited license. The remaining 
required service on vessels of over 1600 gross tons must be obtained on 
conventional vessels or Push Mode ITBs.
    (e) Other experience in a marine related area, other than at sea, or 
sea service performed on unique vessels, will be evaluated by the OCMI 
and forwarded to the Commandant for a determination of equivalence to 
traditional service.

[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.

[[Page 135]]

This experience can be equated with general shipboard familiarity, 
training, 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 
table 10.109 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 table 10.109 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

[[Page 136]]

due to failing to pass a required examination, the applicant is 
furnished a written statement setting forth the portions of the 
examination which 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; USCG-1997-2799, 64 FR 42815, Aug. 5, 1999]



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 any Regional Examination Center 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 National 
Maritime Center. The duplicate will be prepared in the same format and 
wording as the license or certificate being replaced. A duplicate 
license is issued for the unexpired term of the lost license. Duplicate 
licenses and certificates of registry bear the following statement: 
``This license (or certificate) replaces License (or Certificate) Number 
---- issued at ---- on the above date.''
    (b) If a person loses a license or certificate of registry by 
shipwreck or other casualty, a reissue of that license or certificate or 
registry will be supplied free of charge. Other casualties include any 
damage to a ship caused by collision, explosion, tornado, wreck, 
flooding, beaching, grounding, or fire.
    (c) If a person loses a license or certificate of registry otherwise 
than by shipwreck or other casualty and applies for a reissue, the 
appropriate fee set out in table 10.109 in 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; USCG-1997-2799, 64 FR 42815, Aug. 5, 1999; USCG-
2007-29018, 72 FR 53964, Sept. 21, 2007]



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.
    (d) An applicant for renewal or return of a license as master or 
mate (pilot) of towing vessels whose most recent license was suspended 
or revoked by an administrative law judge for incompetence shall 
complete the practical demonstration under paragraph (c)(6)(i) of Sec. 
10.209.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987 (interim) and CGD 81-059, 54 FR 
132, Jan. 4, 1989 (final), as amended by USCG-1999-6224, 66 FR 20936, 
Apr. 26, 2001]



            Subpart C_Training Schools with Approved Courses



Sec. 10.301  Applicability.

    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 approves courses satisfying regulatory 
requirements and those that substitute for a Coast Guard examination or 
a portion of a sea service requirement. The owner or operator of a 
training school desiring to have a course approved by the Coast Guard 
shall submit a written request to the

[[Page 137]]

Commanding Officer, National Maritime Center, NMC-4B, 4200 Wilson 
Boulevard, Suite 630, Arlington, VA 22203-1804, that contains:
    (1) A list of the curriculum including a description of and the 
number of classroom hours required in each subject;
    (2) A description of the facility and equipment;
    (3) A list of instructors including the experience, background, and 
the qualifications of each; and
    (4) Specify the Coast Guard training requirements the course is 
intended to satisfy.
    (b) The Coast Guard notifies each applicant in writing whether or 
not an approval is granted. If a request for approval is denied, the 
Coast Guard informs the applicant the reasons for the denial and 
describes what corrections are required for an approval.
    (c) Unless sooner surrendered, suspended or withdrawn, an approval 
for a course at a training school that meets Coast Guard standards 
expires 24 months after the month in which it is issued, when the school 
closes, when the school gives notice that it will no longer offer the 
course, or on the date of any change in the ownership of the school for 
which it was issued, whichever occurs first.
    (d) If the owner or operator of a training school desires to have a 
course approval renewed, they shall submit a written request to the 
address listed in paragraph (a) of this section. For the request to be 
approved, the Coast Guard must be satisfied that the content and quality 
of instruction remain satisfactory. Unless sooner surrendered, suspended 
or withdrawn, a renewal of the approval expires 60 months after the 
month it is issued, when the school closes, when the school gives notice 
that it will no longer offer the course, or on the date of any change in 
ownership of the school for which it is issued, whichever occurs first.
    (e) Suspension of approval. If the Coast Guard determines that a 
specific course does not comply with the provisions of 46 CFR parts 10, 
12, 13 or 15, or the requirements specified in the course approval; or 
substantially deviates from the course curriculum package as submitted 
for approval; or if the course is being presented in a manner that is 
insufficient to achieve learning objectives; the cognizant OCMI may 
suspend the approval, may require the holder to surrender the 
certificate of approval, if any, and may direct the holder to cease 
claiming the course is Coast Guard approved. The Cognizant OCMI will 
notify the approval holder in writing of its intention to suspend the 
approval and the reasons for suspension. If the approval holder fails to 
correct the reasons for suspension, the course will be suspended and the 
matter referred to the Commanding Officer, National Maritime Center. The 
Commanding Officer, National Maritime Center, will notify the approval 
holder that the specific course fails to meet applicable requirements, 
and explain how those deficiencies can be corrected. The Commanding 
Officer, National Maritime Center, may grant the approval holder up to 
60 days in which to correct the deficiencies.
    (f) Withdrawal of approval. (1) The Commanding Officer, National 
Maritime Center, may withdraw approval for any course when the approval 
holder fails to correct the deficiency(ies) of a suspended course within 
a time period allowed under paragraph (e) of this section.
    (2) The Commanding Officer, National Maritime Center, may withdraw 
approval of any or all courses by an approval holder upon a 
determination that the approval holder has demonstrated a pattern or 
history of:
    (i) Failing to comply with the applicable regulations or the 
requirements of course approvals;
    (ii) Substantial deviations from their approved course curricula; or
    (iii) Presenting courses in a manner that is insufficient to achieve 
learning objectives.
    (g) Appeals of suspension or withdrawal of approval. Anyone directly 
affected by a decision to suspend or withdraw an approval may appeal the 
decision to the Commandant via the Commanding

[[Page 138]]

Officer, National Maritime Center, as provided in Sec. 1.03-45 of this 
chapter.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 95-072, 60 FR 
50460, Sept. 29, 1995; USCG-1998-4442, 63 FR 52189, Sept. 30, 1998; 
USCG-1998-3824, 64 FR 4984, Feb. 2, 1999; USCG-2004-18884, 69 FR 58342, 
Sept. 30, 2004]



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 to the 
Commanding Officer, National Maritime Center (NMC-4B).
    (f) At any time the Officer in Charge, Marine Inspection directs, 
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; USCG-
1998-4442, 63 FR 52189, Sept. 30, 1998; USCG-1998-3824, 64 FR 4984, Feb. 
2, 1999; USCG-2004-18884, 69 FR 58342, Sept. 30, 2004]



Sec. 10.304  Substitution of training for required service, use of 

training-record books, and use of towing officer assessment records.

    (a) Satisfactory completion of certain training courses approved by 
the Commandant may be substituted for a portion of the required service 
for many deck and engineer licenses and for qualified ratings of 
unlicensed personnel. The list of all currently approved courses of 
instruction including the equivalent service and applicable licenses and 
ratings is maintained by Commanding Officer, National Maritime Center, 
NMC-2. Satisfactory completion of an approved training course may be 
substituted for not more than two-thirds of the required service on deck 
or in the engine department for deck or engineer licenses, respectively, 
and for qualified ratings.
    (b) Service time gained at an approved training course does not 
satisfy recent service requirements nor does training on a simulator; 
however, any underway service at an approved course may be used for this 
purpose. An applicant who had met the recent service requirement before 
entering school will not be penalized by attending the approved training 
course.
    (c) Training obtained prior to receiving a license may not be used 
for subsequent raises of grade.
    (d) Simulator training in combination with a Coast Guard approved 
training course may be submitted to the Commanding Officer, National 
Maritime Center, for evaluation and determination of equivalency to 
required sea service. Simulator training cannot be substituted for 
recency requirements, but may substitute for a maximum of 25 percent of 
the required service for any license transaction.
    (e) Except as provided in Sec. 10.202, when a candidate both 
applies for an STCW certificate or endorsement as an officer in charge 
of a navigational

[[Page 139]]

watch, on the basis of training or sea service commencing on or after 
August 1, 1998, and uses completion of approved training to substitute 
for required service, then not less than 1 year of the remaining service 
must be part of approved training that meets the appropriate 
requirements of Chapter II of STCW and the requirements of subpart C of 
this part. The training of a candidate must be documented in a Coast 
Guard-accepted training-record book.
    (f) Except as provided in Sec. 10.202, each candidate who applies 
for an STCW certificate or endorsement as an officer in charge of an 
engineering watch or as a designated duty engineer on the basis of 
training or sea service commencing on or after August 1, 1998, for 
service on seagoing vessels, shall complete onboard training as part of 
approved training that meets the appropriate requirements of Chapter III 
of STCW (incorporated by reference in Sec. 10.102) and the requirements 
of subpart C of this part. The training must be documented in a Coast 
Guard-accepted training-record book.
    (g) The training-record book referred to in paragraphs (e) and (f) 
of this section must contain at least the following:
    (1) The identity of the candidate.
    (2) The tasks to be performed or the skills to be demonstrated, with 
reference to the standards of competence set forth in the tables of the 
appropriate sections in part A of the STCW Code.
    (3) The criteria to be used in determining that the tasks or skills 
have been performed properly, again with reference to the standards of 
competence set forth in the tables of the appropriate sections in part A 
of the STCW Code.
    (4) A place for a qualified instructor to indicate by his or her 
initials that the candidate has received training in the proper 
performance of the task or skill.
    (5) A place for a designated examiner to indicate by his or her 
initials that the candidate has successfully completed a practical 
demonstration and has proved competent in the task or skill under the 
criteria, when assessment of competence is to be documented in the 
record books.
    (6) The identity of each qualified instructor, including any Coast 
Guard license or document held, and the instructor's signature.
    (7) The identity of each designated examiner, when any assessment of 
competence is recorded, including any Coast Guard license or document 
held, and the examiner's signature confirming that his or her initials 
certify that he or she has witnessed the practical demonstration of a 
particular task or skill by the candidate.
    (h) Each applicant for a license as master or mate (pilot) of towing 
vessels, and each master or mate of self-propelled vessels of greater 
than 200 gross tons seeking an endorsement for towing vessels, shall 
complete a towing officers' assessment record that contains at least the 
following:
    (1) Identification of the candidate, including full name, home 
address, photograph or photo-image, and personal signature.
    (2) Objectives of the training and assessment.
    (3) Tasks to perform or skills to demonstrate.
    (4) Criteria to use in determining that the tasks or skills have 
been performed properly.
    (5) A place for a qualified instructor or licensed officer (with 
authority to operate a towing vessel) to indicate by his or her initials 
that the candidate has received training in the proper performance of 
the tasks or skills.
    (6) A place for a designated examiner to indicate by his or her 
initials that the candidate has successfully completed a practical 
demonstration and has proved proficient in the task or skill under the 
criteria.
    (7) Identification of each qualified instructor or licensed officer 
(with authority to operate a towing vessel) by full name, home address, 
employer, job title, ship name or business address, number of any Coast 
Guard licenses or documents held, and personal signature.
    (8) Identification of each designated examiner by full name, home 
address, employer, job title, ship name or business address, number of 
any Coast Guard licenses or documents held, and personal signature 
confirming that his or her initials certify that he or she

[[Page 140]]

has witnessed the practical demonstration of a particular task or skill 
by the candidate.
    (i) The training-record book referred to in paragraphs (e) and (f) 
of this section may be maintained electronically, if the electronic 
record meets Coast Guard-accepted standards for accuracy, integrity, and 
availability.

[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; CGD 95-062, 
62 FR 34531, June 26, 1997; USCG-1998-4442, 63 FR 52189, Sept. 30, 1998; 
USCG-1999-6224, 64 FR 63225, Nov. 19, 1999; 66 FR 20936, Apr. 26, 2001; 
USCG-1999-5610, 67 FR 66068, Oct. 30, 2002; USCG-2004-18884, 69 FR 
58342, Sept. 30, 2004; USCG-2007-29018, 72 FR 53964, Sept. 21, 2007]



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 and Gulf-Intracoastal Waterway 
[GIWW]).
    (3) Radar Observer (Rivers).
    (4) Radar Observer (Unlimited: Renewal).
    (5) Radar Observer (Inland Waters and GIWW: Renewal).
    (6) Radar Observer (Rivers: Renewal).
    (c) A school with an approved Radar-Observer course may issue a 
certificate listed in paragraph (b) of this section after the student 
has successfully completed the appropriate curriculum as follows:
    (1) Radar Observer (Unlimited). Classroom instruction--including 
demonstration and practical exercises using simulators--and examination, 
in the following subjects:
    (i) Fundamentals of radar:
    (A) How radar works.
    (B) Factors affecting the performance and accuracy of marine radar.
    (C) Purposes and functions of the main components that constitute a 
typical marine-radar system.
    (ii) Operation and use of radar:
    (A) Purpose and adjustment of controls.
    (B) Detection of malfunctions, false and indirect echoes, and other 
radar phenomena.
    (C) Effects of sea return, weather, and other environmental 
conditions.
    (D) Limitations of radar resulting from design factors.
    (E) Safety precautions associated with use and maintenance of marine 
radar.
    (F) Measurement of ranges and bearings.
    (G) Effect of size, shape, composition, and distance of vessels and 
terrestrial targets on echo.
    (iii) Interpretation and analysis of radar information:
    (A) Radar navigation (including visual techniques)--determining 
positions, and detecting changes in the relative motion, of other 
vessels.
    (B) Collision-avoidance, including visual techniques, appropriate to 
the circumstances and the equipment in use.
    (C) Determining the course and speed of another vessel.
    (D) Determining the time and distance of closest point of approach 
of a crossing, meeting, overtaking, or overtaken vessel.
    (E) Detecting changes of course or speed of another vessel after its 
initial course and speed have been established.
    (F) Applying the Navigational Rules, Chapters 30 and 34 of Title 33 
U.S. Code [Commandant Instruction M16672.2C, as amended, or equivalent], 
and other factors to consider when determining changes of course or 
speed of a vessel to prevent collisions on the basis of radar 
observation.
    (G) Use of radar in maintaining situational awareness.
    (iv) Plotting (by any graphically-correct method):
    (A) Principles and methods of plotting relative and true motion.
    (B) Practical-plotting problems.
    (2) Radar Observer (Inland Waters and GIWW). Classroom instruction--
with emphasis on situations and problems encountered on inland waters 
and

[[Page 141]]

the GIWW, including demonstration and practical exercises using 
simulators--and examination, in the following subjects:
    (i) Fundamentals of radar:
    (A) How radar works.
    (B) Factors affecting the performance and accuracy of marine radar.
    (C) Purpose and functions of the main components that constitute a 
typical marine-radar system.
    (ii) Operation and use of radar:
    (A) Purpose and adjustment of controls.
    (B) Detection of malfunctions, false and indirect echoes, and other 
radar phenomena.
    (C) Effects of sea return, weather, and other environmental 
conditions.
    (D) Limitations of radar resulting from design factors.
    (E) Safety precautions associated with use and maintenance of marine 
radar.
    (F) Measurement of ranges and bearings.
    (G) Effect of size, shape, composition, and distance of vessels and 
terrestrial targets on echo.
    (iii) Interpretation and analysis of radar information:
    (A) Radar navigation (including visual techniques)--determining 
positions, and detecting changes in the relative motion, of other 
vessels.
    (B) Collision-avoidance, including visual techniques, appropriate to 
the circumstances and the equipment in use.
    (C) Determining the course and speed of another vessel.
    (D) Determining the time and distance of closest point of approach 
of a crossing, meeting, overtaking, or overtaken vessel.
    (E) Detecting changes of course or speed of another vessel after its 
initial course and speed have been established.
    (F) Applying the Navigational Rules, and other factors to consider 
when determining changes of course or speed of a vessel to prevent 
collisions on the basis of radar observation.
    (G) Use of radar in maintaining situational awareness.
    (3) Radar Observer (Rivers). Classroom instruction--with emphasis on 
situations and problems encountered on rivers, including demonstration 
and practical exercises using simulators--and examination, in the 
following subjects:
    (i) Fundamentals of radar:
    (A) How radar works.
    (B) Factors affecting the performance and accuracy of marine radar.
    (C) Purpose and functions of the main components that constitute a 
typical marine-radar system.
    (ii) Operation and use of radar:
    (A) Purpose and adjustment of controls.
    (B) Detection of malfunctions, false and indirect echoes, and other 
radar phenomena.
    (C) Effects of sea return, weather, and other environmental 
conditions.
    (D) Limitations of radar resulting from design factors.
    (E) Safety precautions associated with use and maintenance of marine 
radar.
    (F) Measurement of ranges and bearings, recognizing limited use of 
radar bearings in curving, narrow channels.
    (G) Effect of size, shape, composition, and distance of vessels and 
terrestrial targets on echo.
    (iii) Interpretation and analysis of radar information:
    (A) Radar navigation (including visual techniques)--determining 
positions, and detecting changes in the relative motion, of other 
vessels.
    (B) Collision-avoidance, including visual techniques, appropriate to 
the circumstances and the equipment in use.
    (C) Applying the Navigational Rules, and other factors to consider 
when determining changes of course or speed of a vessel to prevent 
collisions on the basis of radar observation.
    (D) Use of radar in maintaining situational awareness.
    (4) Radar Observer (Unlimited: Renewal). Classroom instruction--
including demonstration and practical exercises using simulators--and 
examination, in the following subjects:
    (i) Interpretation and analysis of radar information:
    (A) Radar navigation (including visual techniques)--determining 
positions, and detecting changes in the relative motion, of other 
vessels.
    (B) Collision-avoidance, including visual techniques, appropriate to 
the

[[Page 142]]

circumstances and the equipment in use.
    (C) Determining the course and speed of another vessel.
    (D) Determining the time and distance of closest point of approach 
of a crossing, meeting, overtaking, or overtaken vessel.
    (E) Detecting changes of course or speed of another vessel after its 
initial course and speed have been established.
    (F) Applying the Navigational Rules, and other factors to consider 
when determining changes of course or speed of a vessel to prevent 
collisions on the basis of radar observation.
    (G) Use of radar in maintaining situational awareness.
    (ii) Plotting (by any graphically-correct method):
    (A) Principles and methods of plotting relative and true motion.
    (B) Practical-plotting problems.
    (5) Radar Observer (Inland Waters and GIWW: Renewal). Classroom 
instruction--including demonstration and practical exercises using 
simulators--and examination, in the interpretation and analysis of radar 
information, including:
    (i) Radar navigation (including visual techniques--determining 
positions, and detecting changes in the relative motion, of other 
vessels.
    (ii) Collision-avoidance, including visual techniques, appropriate 
to the circumstances and the equipment in use.
    (iii) Determining the course and speed of another vessel.
    (iv) Determining the time and distance of closest point of approach 
of a crossing, meeting, overtaking, or overtaken vessel.
    (v) Detecting changes of course or speed of another vessel after its 
initial course and speed have been established.
    (vi) Applying the Navigational Rules, and other factors to consider 
when determining changes of course or speed of a vessel to prevent 
collisions on the basis of radar observation.
    (vii) Use of radar in maintaining situational awareness.
    (6) Radar Observer (Rivers: Renewal). Classroom instruction--
including demonstration and practical exercises using simulators--and 
examination, in the interpretation and analysis of radar information, 
including:
    (i) Radar navigation (including visual techniques)--determining 
positions, and detecting changes in the relative motion, of other 
vessels.
    (ii) Collision-avoidance, including visual techniques, appropriate 
to the circumstances and the equipment in use.
    (iii) Applying the Navigational Rules, and other factors to consider 
when determining changes of course or speed of a vessel to prevent 
collisions on the basis of radar observation.
    (iv) Use of radar in maintaining situational awareness.

[CGD 94-041, 62 FR 11303, Mar. 11, 1997]



Sec. 10.306  [Reserved]



Sec. 10.307  Training schools with approved radar observer courses.

    The Commanding Officer, National Maritime Center, NMC-2, 4200 Wilson 
Boulevard, Suite 630, 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 (202) 493-
1025 (also available on the internet at: www.uscg.mil/nmc).

[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; USCG-
1998-4442, 63 FR 52189, Sept. 30, 1998; USCG-2004-18884, 69 FR 58342, 
Sept. 30, 2004; USCG-2007-29018, 72 FR 53964, Sept. 21, 2007]



Sec. 10.309  Coast Guard-accepted training other than approved courses.

    (a) When the training and assessment of competence required by this 
part are not subject to Coast Guard approval under Sec. 10.302, but are 
used to qualify to hold an STCW certificate or endorsement for service 
on or after February 1, 2002, such training and assessment must meet the 
following requirements:
    (1) The training and assessment must have written, clearly defined 
objectives that emphasize specific knowledge, skills, and abilities, and 
that include criteria to be used in establishing a student's successful 
achievement of the training objectives.
    (2) The training must be set out in a written syllabus that conforms 
to a

[[Page 143]]

Coast Guard-accepted outline for such training and includes--
    (i) The sequence of subjects to be covered;
    (ii) The number of hours to be devoted to instruction in relevant 
areas of knowledge;
    (iii) The identity and professional qualifications of the 
instructor(s) to be conducting the training or providing instruction;
    (iv) The identification of other media or facilities to be used in 
conducting training; and
    (v) Measurements at appropriate intervals of each candidate's 
progress toward acquisition of the specific knowledge, skills, and 
abilities stated in the training objectives.
    (3) Except as provided in paragraph (a)(4) of this section, 
documentary evidence must be readily available to establish that all 
instructors--
    (i) Have experience, training, or instruction in effective 
instructional techniques;
    (ii) Are qualified in the task for which the training is being 
conducted; and
    (iii) Hold the level of license, endorsement, or other professional 
credential required of those who would apply on board a vessel the 
relevant level of knowledge, skills, and abilities described in the 
training objectives.
    (4) Neither a specialist in a particular field of nonmaritime 
education, such as mathematics or first aid, nor a person with at least 
3 years of service as a member of the Armed Forces of the United States, 
specializing in the field in which he or she is to conduct training, 
need hold a maritime license or document to conduct training in that 
field.
    (5) A simulator may be used in training if--
    (i) The simulator meets applicable performance standards;
    (ii) The instructor has gained practical operational experience on 
the particular type of simulator being used; and
    (iii) The instructor has received appropriate guidance in 
instructional techniques involving the use of simulators.
    (6) Essential equipment and instructional materials must afford all 
students adequate opportunity to participate in exercises and acquire 
practice in performing required skills.
    (7) A process for routinely assessing the effectiveness of the 
instructors, including the use of confidential evaluations by students, 
is in place.
    (8) Documentary evidence is readily available to establish that any 
evaluation of whether a student is competent in accordance with 
standards, methods, and criteria set out in part A of the STCW Code is 
conducted by a designated examiner who has experience, training, or 
instruction in assessment techniques.
    (9) Records of the student's performance are maintained for at least 
1 year by the offeror of the training and assessment.
    (10) To ensure that the training is meeting its objectives, and the 
requirements of paragraphs (a)(1) through (9) of this section, the 
offeror must either--
    (i) Be regulated as a maritime academy or marine academy pursuant to 
46 CFR part 310; or
    (ii) Monitor the training in accordance with a Coast Guard-accepted 
QSS, which must include the following features:
    (A) The training must be provisionally certified, on the basis of an 
initial independent evaluation conducted under a Coast Guard-accepted 
QSS, as being capable of meeting its objective.
    (B) The training must be periodically monitored in accordance with 
the schedule stipulated under the Coast Guard-accepted QSS.
    (C) Each person conducting the initial evaluation or the subsequent 
periodic monitoring of the training shall be knowledgeable about the 
subjects being evaluated or monitored and about the national and 
international requirements that apply to the training, and shall not 
himself or herself be involved in the training and assessment of 
students.
    (D) Each person evaluating or monitoring the training shall have 
access to all appropriate documents and facilities, and shall have 
opportunities both to observe all appropriate activities and to conduct 
confidential interviews when necessary.

[[Page 144]]

    (E) Arrangements must be such as to ensure that no person evaluating 
or monitoring the training is penalized or rewarded, directly or 
indirectly, by the sponsor of the training for making any particular 
observations or for reaching any particular conclusions.
    (11) Each person conducting the initial evaluation under paragraph 
(a)(10)(ii)(A) of this section or the periodic monitoring of the 
training under paragraph (a)(10)(ii)(B) of this section shall 
communicate his or her conclusions to the Commanding Officer, National 
Maritime Center, NMC-2, 4200 Wilson Boulevard, Suite 630, Arlington, VA 
22203-1804, within 1 month of the completion of the evaluation or the 
monitoring.
    (12) Each offeror of the training shall let the Coast Guard or 
someone authorized by the Coast Guard observe the records of a student's 
performance and records otherwise relating to paragraphs (a)(1) through 
(10) of this section.
    (b) The Coast Guard will maintain a list of training each of whose 
offerors submits a certificate, initially not less than 45 calendar days 
before offering training under this section, and annually thereafter, 
signed by the offeror or its authorized representatives, stating that 
the training fully complies with requirements of this section, and 
identifying the Coast Guard-accepted QSS being used for independent 
monitoring. Training programs on this list will offer the training 
necessary for licenses and STCW endorsements under this part. The Coast 
Guard will update this list periodically and make it available to 
members of the public on request.
    (c) If the Coast Guard determines, on the basis of observations or 
conclusions either of its own or of someone authorized by it to monitor 
the training, that particular training does not satisfy one or more of 
the conditions described in paragraph (a) of this section--
    (1) The Coast Guard will so notify the offeror of the training by 
letter, enclosing a report of the observations and conclusions;
    (2) The offeror may, within a period specified in the notice, either 
appeal the observations or conclusions to the Commandant (G-MOC) or 
bring the training into compliance; and
    (3) If the appeal is denied--or the deficiency is not corrected in 
the allotted time, or within any additional period judged by the Coast 
Guard to be appropriate, considering progress toward compliance--the 
Coast Guard will remove the training from the list maintained under 
paragraph (b) of this section until it can verify full compliance; and 
it may deny applications for licenses for STCW endorsement based in 
whole or in part on training not on the list, until additional training 
or assessment is documented.

[CGD 95-062, 62 FR 34531, June 26, 1997, as amended by USCG-1998-4442, 
63 FR 52189, Sept. 30, 1998; USCG-2004-18884, 69 FR 58342, Sept. 30, 
2004; USCG-2007-29018, 72 FR 53964, Sept. 21, 2007]



     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

[[Page 145]]

the requirements of paragraph (g) while holding a license as unlimited 
master or mate, respectively, upon Great Lakes and inland waters. To 
have a near coastal unlimited license obtained in this manner endorsed 
for ocean service, the licensee must obtain 12 months of service as a 
deck watch officer or higher on ocean waters on vessels of 1600 gross 
tons or over, in addition to completing the examination topics.
    (f) Masters and mates licenses for service on vessels of over 200 
gross tons may be endorsed for sail or auxiliary sail as appropriate. 
The applicant must present the equivalent total qualifying service 
required for conventional licenses including at least one year of deck 
experience on that specific type of vessel. For example, for a license 
as master of vessels of not more than 1600 gross tons endorsed for 
auxiliary sail, the applicant must meet the total experience 
requirements for the conventional license, including time as mate, and 
the proper tonnage experience, including at least one year of deck 
service on appropriately sized auxiliary sail vessels. For license 
endorsement for service on vessels of 200 gross tons or less see 
individual license requirements.
    (g) In order to obtain a master or mate license with a tonnage limit 
above 200 gross tons, or a license for 200 gross tons or less with an 
ocean route, whether an original, raise in grade, or increase in the 
scope of license authority to a higher tonnage category, the applicant 
must successfully complete the following training and examination 
requirements:
    (1) Approved firefighting course;
    (2) Approved radar observer course; and,
    (3) Qualification as an able seaman unlimited or able seaman limited 
(able seaman special or able seaman offshore supply vessels satisfy the 
able seaman requirement for licenses permitting service on vessels of 
1600 gross tons and less).
    (h) Each applicant for a deck license which authorizes service on 
vessels above 1600 gross tons on ocean or near coastal waters, whether 
original or raise of grade, must pass a practical signaling examination 
(flashing light). A 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

[[Page 146]]

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  Structure of deck licenses.

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

[[Page 147]]

[GRAPHIC] [TIFF OMITTED] TR17JN03.305


[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
136, Jan. 4, 1989; USCG-1999-6224, 64 FR 63226, Nov. 19, 1999; 68 FR 
35810, June 17, 2003]

[[Page 148]]



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, including the ocean option program in the deck class 
of the Great Lakes Maritime Academy; or,
    (3) Satisfactory completion of a three year apprentice mate training 
program approved by the Commandant.
    (b) Graduation from the deck class of the Great Lakes Maritime 
Academy with no ocean sea service will qualify the graduate to be 
examined for a license as third mate near coastal steam or motor vessels 
of any gross tons.

[[Page 149]]

    (c) While holding a license as master of ocean or near coastal steam 
or motor vessels of not more than 1,600 gross tons, one year of service 
as master on vessels of over 200 gross tons operating on ocean or near 
coastal waters will qualify the applicant for a license as third mate of 
ocean or near coastal steam or motor vessels of any gross tons.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by USCG 2002-13213, 
67 FR 64315, Oct. 18, 2002]



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 master or mate (pilot) of 
towing vessels, or equivalent supervisory position while holding a 
license as master, mate master or mate (pilot) of towing vessels. One 
year of the service as master, mate master or mate (pilot) of towing 
vessels, or equivalent supervisory position must have been on vessels of 
over 100 gross tons; or,
    (b) An applicant holding a license as chief mate or second mate of 
ocean or near coastal steam or motor vessels of over 1600 gross tons is 
eligible for this license upon completion of a limited examination.

[CGD 81-059, 54 FR 138, Jan. 4, 1989, as amended by USCG-1999-6224, 64 
FR 63228, Nov. 19, 1999; 66 FR 20936, Apr. 26, 2001]



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 master or mate (pilot) of towing vessels, or 
equivalent supervisory position while holding a license as master, mate 
master or mate (pilot) of towing vessels. Six months of the required 
service as master, mate master or mate (pilot) of towing vessels, or 
equivalent supervisory position must have been on vessels of over 100 
gross tons; or,
    (b) Three years total service in the deck department on ocean or 
near coastal steam or motor, sail, or auxiliary sail vessels of over 200 
gross tons. Six months of the required service must have been as able 
seaman.

[CGD 81-059, 54 FR 138, Jan. 4, 1989, as amended by USCG-1999-6224, 64 
FR 63228, Nov. 19, 1999; 66 FR 20936, Apr. 26, 2001]

[[Page 150]]



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 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) The holder of a license as master or mate (pilot) of towing 
vessels authorizing service on oceans or near-coastal routes is eligible 
for a license as master of ocean or near-coastal steam or motor vessels 
of not more than 500 gross tons after both 1 year of service as master 
or mate of towing vessels on oceans or near-coastal routes and 
completion of a limited examination.

[CGD 81-059, 54 FR 138, Jan. 4, 1989, as amended by USCG-1999-6224, 64 
FR 63228, Nov. 19, 1999]



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, 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, as amended by USCG-1999-6224, 64 
FR 63228, Nov. 19, 1999]



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]

[[Page 151]]



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.
    (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 engine room 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 master or mate of ocean or 
near-coastal towing vessels. Completion of a limited examination is also 
required.
    (b) In order to obtain an endorsement on this license for sail or 
auxiliary sail vessels, the applicant must submit evidence of 12 months 
of service on sail or auxiliary sail vessels. The required 12 months of 
service may have been obtained prior to issuance of the master's 
license.
    (c) In addition to any required examination, the applicant must 
comply with the requirements listed in Sec. 10.401(g) of this subpart.

[CGD 81-059, 54 FR 139, Jan. 4, 1989, as amended by USCG-1999-6224, 64 
FR 63228, Nov. 19, 1999]



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,

[[Page 152]]

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 licensed master or mate of towing 
vessels on oceans or near-coastal routes. Completion of a limited 
examination is also required.
    (b) In order to obtain an endorsement on this license for sail or 
auxiliary sail vessels, the applicant must submit evidence of 12 months 
of service on sail or auxiliary sail vessels. The required 12 months of 
service may have been obtained prior to issuance of the master's 
license.

[CGD 81-059, 54 FR 139, Jan. 4, 1989, as amended by USCG-1999-6224, 64 
FR 63228, Nov. 19, 1999]



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,

[[Page 153]]

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. 10.205(h) of this part will only be 
required when, in the opinion of the OCMI, the geographic area over 
which service is authorized precludes obtaining medical services within 
a reasonable time.
    (c) In order to obtain an endorsement on this license for sail or 
auxiliary sail vessels, the applicant must submit evidence of four 
months of service on sail or auxiliary sail vessels. The required four 
months of service may have been obtained prior to issuance of the 
license.

[CGD 81-059, 54 FR 139, Jan. 4, 1989, as amended by USCG-2000-7790, 65 
FR 58458, Sept. 29, 2000]



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:

[[Page 154]]

    (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.



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 master of towing vessels; 
or,
    (b) Six months of service as operator on vessels of over 100 gross 
tons while holding a license as master of towing vessels.

[CGD 81-059, 54 FR 140, Jan. 4, 1989, as amended by USCG-1999-6224, 64 
FR 63228, Nov. 19, 1999]



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 mate (pilot) of towing vessels on 
vessels of over 100 gross tons.

[CGD 81-059, 54 FR 140, Jan. 4, 1989, as amended by USCG-1999-6224, 64 
FR 63228, Nov. 19, 1999]



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 master of ocean, near coastal, 
or Great Lakes and inland towing vessels is eligible for this license 
after six months of service as master of towing vessels and completion 
of a limited examination. This requires three and one-half years of 
service. Two years of this service must have been served while holding a 
license as master or mate (pilot) of towing vessels, or mate.

[CGD 81-059, 54 FR 140, Jan. 4, 1989, as amended by USCG 1999-6224, 64 
FR 63228, Nov. 19, 1999]

[[Page 155]]



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]



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, 
master or mate (pilot) of towing vessels, or operator of uninspected 
passenger vessels. To obtain authority to serve on the Great Lakes, 
three months of the required service must have been on Great Lakes 
waters, otherwise the license will be limited to the inland waters of 
the United States (excluding the Great Lakes).
    (b) In order to obtain an endorsement on this license for sail or 
auxiliary sail vessels, the applicant must have six months of service on 
sail or auxiliary sail vessels. The required six months of service may 
have been obtained prior to issuance of the master's license.

[CGD 81-059, 54 FR 140, Jan. 4, 1989, as amended by USCG-1999-6224, 64 
FR 63228, Nov. 19, 1999]



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

[[Page 156]]

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]



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. 10.205(h) of this part will only be 
required when, in the opinion of the OCMI, the geographic area over 
which service is authorized precludes obtaining medical services within 
a reasonable time.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by CGD 
81-059, 54 FR 140, Jan. 4, 1989; USCG-2000-7790, 65 FR 58458, Sept. 29, 
2000]



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

[[Page 157]]

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]



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, master or mate (pilot) of towing vessels, or operator 
of uninspected passenger vessels.
    (1) To qualify for a license of not more than 500 gross tons, at 
least two years of the required service, including the one year as 
master, mate or equivalent, must have been on vessels of over 50 gross 
tons.
    (2) To qualify for a license of not more than 1600 gross tons, at 
least two years of the required service, including the one year as 
master, mate or equivalent, must have been on vessels of over 100 gross 
tons.
    (3) To qualify for a license of over 1600 gross tons, but not more 
than 5000 gross tons, the vessel tonnage upon which the four years of 
required service was obtained will be used to compute the tonnage. The 
license is limited to the maximum tonnage on which at least 25 percent 
of the required service was obtained, or 150 percent of the maximum 
tonnage on which at least 50 percent of the service was obtained, 
whichever is higher. Limitations are in multiples of 1000 gross tons, 
using the next higher figure when an intermediate tonnage is calculated. 
A license as master of uninspected fishing industry vessels authorizing 
service on vessels over 1600 gross tons also requires one year as 
master, mate or equivalent on vessels over 100 gross tons.
    (4) The tonnage limitation on this license may be raised using one 
of the following methods, but cannot exceed 5000 gross tons. Limitations 
are in multiples of 1000 gross tons, using the next higher figure when 
an intermediate tonnage is calculated.
    (i) Three months service as master on a vessel results in a 
limitation in that capacity equal to the tonnage of that vessel rounded 
up to the next multiple of 1000 gross tons;
    (ii) Six months service as master on a vessel results in a 
limitation in that capacity equal to 150% of the tonnage of that vessel;
    (iii) Six months service as master on vessels over 1600 gross tons 
results in 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

[[Page 158]]

tonnage on which at least 50 percent of the service was obtained;
    (v) Two years service as a deckhand on a vessel while holding a 
license as master results in a limitation on the master's license equal 
to 150% of the tonnage of that vessel up to 5000 gross tons; or,
    (vi) One year of service as deckhand on a vessel while holding a 
license as master results in a limitation on the master's license equal 
to the tonnage of that vessel.
    (d) An applicant for a license as mate of uninspected fishing 
industry vessels must have three years of total service on ocean or near 
coastal routes. Service on Great Lakes or inland waters may substitute 
for up to 18 months of the required service.
    (1) To qualify for a license of not more than 500 gross tons, at 
least one year of the required service must have been on vessels of over 
50 gross tons.
    (2) To qualify for a license of not more than 1600 gross tons, at 
least one year of the required service must have been on vessels of over 
100 gross tons.
    (3) To qualify for a license of over 1600 gross tons, but not more 
than 5000 gross tons, the vessel tonnage upon which the three years of 
required service was obtained will be used to compute the tonnage. The 
license is limited to the maximum tonnage on which at least 25 percent 
of the required service was obtained, or 150 percent of the maximum 
tonnage on which at least 50 percent of the service was obtained, 
whichever is higher. Limitations are in multiples of 1000 gross tons, 
using the next higher figure when an intermediate tonnage is calculated.
    (4) The tonnage limitation on this license may be raised using one 
of the following methods, but cannot exceed 5000 gross tons. Limitations 
are in multiples of 1000 gross tons, using the next higher figure when 
an intermediate tonnage is calculated.
    (i) Three months service as mate on a vessel results in a limitation 
in that capacity equal to the tonnage of that vessel rounded up to the 
next multiple of 1000 gross tons;
    (ii) Six months service as mate on a vessel results in a limitation 
in that capacity equal to 150% of the tonnage of that vessel;
    (iii) Six months service as mate on vessels over 1600 gross tons 
results in raising the limitation to 5000 gross tons;
    (iv) One year of service as deckhand on vessels over 1600 gross tons 
while holding a license as mate, results in raising the limitation on 
the mate's license to 5000 gross tons;
    (v) Two years service as a deckhand on a vessel while holding a 
license as mate results in a limitation on the mate's license equal to 
150% of the tonnage of that vessel up to 5000 gross tons; or,
    (vi) One year of service as deckhand on a vessel while holding a 
license as mate results in a limitation on the mate's license equal to 
the tonnage of that vessel.
    (e) Applicants may request an oral examination on the subjects 
listed in subpart I of this part.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
141, Jan. 4, 1989; USCG-1999-6224, 64 FR 63228, Nov. 19, 1999]



Sec. 10.463  General requirements for licenses for master, mate 

(pilot), and apprentice mate (steersman) of towing vessels.

    (a) The Coast Guard issues the following licenses:
    (1) Master of towing vessels.
    (2) Master of towing vessels, limited.
    (3) Mate (pilot) of towing vessels.
    (4) Mate (pilot) of towing vessels, limited.
    (5) Apprentice mate (steersman).
    (6) Apprentice mate (steersman), limited.
    (b) A license as master of towing vessels means a license to operate 
towing vessels not restricted to local areas designated by OCMIs. This 
also applies to a mate (pilot) of towing vessels.
    (c) For this section, limited means a license to operate a towing 
vessel of less than 200 gross tons limited to a local area within the 
Great Lakes, inland waters, or Western Rivers designated by the OCMI.

[USCG-1999-6224, 64 FR 63228, Nov. 19, 1999, as amended at 66 FR 20936, 
Apr. 26, 2001; 68 FR 35812, June 17, 2003]

[[Page 159]]



Sec. 10.464  Requirements for licenses as master of towing vessels.

    (a) If you would like to obtain a license as master of towing 
vessels endorsed with a route listed in column 1 of Table 10.464-1, then 
you must complete the service requirements indicated in columns 2 
through 5. You may serve on the subordinate routes listed in column 6, 
without further endorsement.
[GRAPHIC] [TIFF OMITTED] TR17JN03.306


[[Page 160]]


    (b) If you would like to obtain a license as master of towing 
vessels (limited), then you must complete the requirements listed in 
columns 2 through 5 of Table 10.464-2.
[GRAPHIC] [TIFF OMITTED] TR17JN03.307

    (c) If you hold a license as mate (pilot) of towing vessels, you may 
have master of towing vessels (limited) added to your license for a 
limited local area within the scope of your current route.
    (d) Before you serve as master of towing vessels on the Western 
rivers, you must possess 90 days of observation and training and have 
your license endorsed for Western Rivers.
    (e) Each company must maintain evidence that every vessel it 
operates is under the direction and control of a licensed mariner with 
appropriate experience, including 30 days of observation and training on 
the intended route other than Western Rivers.
    (f) If you hold a license as a master of inspected, self-propelled 
vessels of greater than 200 gross register tons, you may operate towing 
vessels within any restrictions on your license if you--
    (1) Have 30 days of training and observation on towing vessels for 
the route being assessed, except as noted in paragraph (e) of this 
section; and
    (2) Either--
    (i) Hold a completed Towing Officer's Assessment Record (TOAR) 
described in Sec. 10.304(h) that shows evidence of assessment of 
practical demonstration of skills; or
    (ii) Complete an approved training course.
    (3) Your license does not need a towing endorsement if you hold a 
TOAR or complete a TOAR.
    (g) If you began your service or training in the towing industry 
before May 21, 2001, you may receive a license as master of towing 
vessels if before May 21, 2004, you complete the examination required by 
46 CFR 10.903(a)(18)(i) and meet either of the following two 
requirements:
    (1) Three years of service, including--
    (i) Two years on deck aboard a vessel 8 meters (26 feet) or more in 
length;
    (ii) One year on deck aboard a towing vessel, with at least 6 months 
of training or duty in the wheelhouse of the towing vessel; and
    (iii) Three months in each particular geographic area for which you 
are seeking authority; or
    (2) Three years of service aboard towing vessels, including--
    (i) One year on deck, with at least 6 months of training or duty in 
the wheelhouse of the towing vessel; and
    (ii) Three months in each particular geographic area for which you 
are seeking authority.
    Your license does not need a towing endorsement if you hold a TOAR 
or a course completion certificate.

[USCG-1999-6224, 64 FR 63228, Nov. 19, 1999, as amended at 66 FR 20937, 
Apr. 26, 2001; 68 FR 35812, June 17, 2003]



Sec. 10.465  Requirements for licenses as mate (pilot) of towing vessels.

    (a) If you would like to obtain a license as mate (pilot) of towing 
vessels endorsed with a route listed in column 1 of Table 10.465-1, then 
you must complete the service in columns 2 through 5. If you hold a 
license as master of towing vessels (limited) and would like to upgrade 
it to mate (pilot) of towing vessels, then you must complete the service 
in columns 5 and 6. If you hold

[[Page 161]]

a license as mate (pilot) of towing vessels (limited) and would like to 
upgrade it to mate (pilot) of towing vessels, then you must complete the 
service in columns 2 through 5 and pass a limited examination. A license 
with a route endorsed in column 1 authorizes service on the subordinate 
routes listed in column 7, without further endorsement.

[[Page 162]]

[GRAPHIC] [TIFF OMITTED] TR17JN03.308

    (b) Before you serve as mate (pilot) of towing vessels on the 
Western Rivers, you must possess 90 days of observation and training and 
have your license endorsed for Western Rivers.
    (c) Each company must maintain evidence that every vessel it 
operates is

[[Page 163]]

under the direction and control of a licensed mariner with appropriate 
experience, including 30 days of observation and training on the 
intended route other than Western Rivers.
    (d) If you hold a license as a mate of inspected, self-propelled 
vessels of greater than 200 gross register tons or one as first-class 
pilot, then you may operate towing vessels within any restrictions on 
your license if you--
    (1) Have 30 days of training and observation on towing vessels for 
the route being assessed, except as noted in paragraph (b) of this 
section; and
    (2) Hold a completed Towing Officer's Assessment Record (TOAR) 
described in Sec. 10.304(h) that shows evidence of assessment of 
practical demonstration of skills.
    Your license does not need a towing endorsement if you hold a TOAR 
or a course completion certificate.
    (e) An approved training course for mate (pilot) of towing vessels 
must include formal instruction and practical demonstration of 
proficiency either on board a towing vessel or at a shoreside training 
facility before a designated examiner, and must cover the material 
(dependent upon route) required by Sec. 10.910-2 for apprentice mate 
(steersman), towing vessels on ocean and near coastal routes; apprentice 
mate (steersman), towing vessels on Great Lakes and inland routes; or, 
steersman, towing vessels on Western Rivers routes.
    (f) If you began your service or training before May 21, 2001, you 
may receive a license as mate of towing vessels if before November 21, 
2003, you complete the examination required by Sec. 10.903(a)(18)(i) 
and meet the requirements in either paragraph (f)(1)(i) or (f)(1)(ii) of 
this section:
    (1) You must have served at least 18 months on deck, including 12 
months on towing vessels. This service must have included--
    (i) At least 3 months of training or duty in the wheelhouse of 
towing vessels, and 3 months of service in each particular geographic 
area for which you seek endorsement on the license; and
    (ii) At least 6 months on towing vessels while holding a merchant 
mariner's document endorsed as able seaman unlimited, able seaman 
limited, or able seaman special, including 3 months in each particular 
geographic area for which you seek an endorsement; and either--
    (A) Two months of training or duty in the wheelhouse; or
    (B) One month of training or duty in the wheelhouse combined with 
completion of a course of training as towboat operator approved by the 
Commanding Officer, National Maritime Center, under subpart C of this 
part.

[USCG-1999-6224, 64 FR 63232, Nov. 19, 1999, as amended at 66 FR 20940, 
Apr. 26, 2001; 68 FR 35814, June 17, 2003]



Sec. 10.466  Requirements for licenses as apprentice mate (steersman) 

of towing vessels.

    (a) As Table 10.466-1 shows, if you would like to obtain a license 
as apprentice mate (steersman) of towing vessels listed in column 1, 
endorsed with a route listed in column 2, then you must complete the 
service requirements indicated in columns 3 through 6.

[[Page 164]]

[GRAPHIC] [TIFF OMITTED] TR17JN03.309

    (b) If you hold a license as apprentice mate (steersman) of towing 
vessels you may obtain a restricted endorsement as limited apprentice 
mate (steersman). This endorsement will go on your license after you 
pass an examination for a route that is not included in the current 
endorsements and on

[[Page 165]]

which you have no operating experience. Upon completion of 3 months of 
experience on that route, you may have the restricted endorsement 
removed.

[USCG-1999-6224, 64 FR 63234, Nov. 19, 1999, as amended at 66 FR 20942, 
Apr. 26, 2001; 68 FR 35816, June 17, 2003]



Sec. 10.467  Licenses for operators of uninspected passenger vessels

of less than 100 gross tons.

    (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 (g) of this section.
    (c) For a license as operator of an uninspected passenger vessel 
with a near coastal endorsement, an applicant must have a minimum of 12 
months experience in the operation of vessels, including at least three 
months service on vessels operating on ocean or near coastal waters.
    (d) For a license as operator of an uninspected passenger vessel 
with a Great Lakes and inland waters endorsement, an applicant must have 
12 months service on Great Lakes or inland waters, including at least 
three months service operating vessels on Great Lakes waters.
    (e) For a license as operator of an uninspected passenger vessel 
with an inland endorsement, an applicant must have a minimum of 12 
months experience in the operation of vessels.
    (f) An operator of uninspected passenger vessels license, limited on 
its face to undocumented vessels, may be issued to a person who is not a 
citizen of the United States.
    (g) Limited operator of uninspected passenger vessel licenses may be 
issued to applicants to be employed by organizations such as formal 
camps, yacht clubs, educational institutions, and marinas. A license 
issued under this paragraph will be limited to the specific activity and 
the locality of the camp, yacht club, or marina. In order to obtain this 
restricted license, an applicant must:
    (1) Have three months service in the operation of the type of vessel 
for which the license is requested; and,
    (2) Satisfactorily complete a safe boating course approved by the 
National Association of State Boating Law Administrators, or those 
public education courses conducted by the U.S. Power Squadron or the 
American National Red Cross or a Coast Guard approved course; and,
    (3) Pass a limited examination appropriate for the activity to be 
conducted and the route authorized.
    (4) The first aid and cardiopulmonary resuscitation (CPR) course 
certificates required by Sec. 10.205(h) of this part will only be 
required when, in the opinion of the OCMI, the geographic area over 
which service is authorized precludes obtaining medical services within 
a reasonable time.
    (h) An applicant for a license as operator of uninspected passenger 
vessels who intends to serve only in the vicinity of Puerto Rico, and 
who speaks Spanish only, may be issued a license restricted to the 
navigable waters of the United States in the vicinity of Puerto Rico.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
142, Jan. 4, 1989. Redesignated by USCG-1999-6224, 64 FR 63234, Nov. 19, 
1999, as amended by USCG-2000-7790, 65 FR 58458, Sept. 29, 2000. 
Redesignated by USCG-1999-6224, 64 FR 63234, Nov. 19, 1999, as amended 
by USCG-1999-6224, Oct. 27, 2000; USCG-1999-6224, 66 FR 20940, Apr. 26, 
2001; USCG-2005-22329, 70 FR 57183, Sept. 30, 2005]



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]

[[Page 166]]



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). Commanding Officer, National Maritime 
Center will give consideration to accepting education credentials from 
programs having other than ABET accreditation. An applicant qualifying 
through a degree program must also have at least 168 days of service as 
driller, assistant driller, toolpusher, assistant toolpusher, barge 
supervisor, mechanical supervisor, electrician, crane operator, ballast 
control operator, or equivalent supervisory position on MODUs, with a 
minimum of 14 days of that supervisory service on surface units;
    (2) Present evidence of training course completion as follows:
    (i) A certificate from a Coast Guard approved stability course 
approved for an OIM Unrestricted license or endorsement;
    (ii) A certificate from a Coast Guard approved survival suit and 
survival craft training course;
    (iii) A certificate from a U.S. Minerals Management Service approved 
blowout prevention and well control training program for the driller, 
toolpusher, or operator representative position;
    (iv) A certificate from a firefighting training course as required 
by 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). Commanding Officer, National Maritime 
Center will give consideration to accepting education credentials from 
programs having other than ABET accreditation. An applicant qualifying 
through a degree program must also have at least 168 days of service as 
driller, assistant driller, toolpusher, assistant toolpusher, barge 
supervisor, mechanical supervisor, electrician, crane operator, ballast 
control operator or equivalent supervisory position of MODUs,

[[Page 167]]

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;
    (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;
    (B) Certifies that the applicant has witnessed ten rig moves either 
as an observer in training or as a rig mover under supervision;
    (C) Certifies that the individual has successfully directed, while 
under the supervision of an experienced rig mover, five rig moves of 
surface units; and
    (D) Certifies that one of the rig moves required under paragraph 
(f)(1)(ii)(C) of this section was completed within one year preceding 
date of application; and
    (2) Present evidence of training course completion as follows:
    (i) A certificate from a Coast Guard approved stability course 
approved for an OIM Surface Units license or endorsement;
    (ii) A certificate from a Coast Guard approved survival suit and 
survival craft training course; and
    (iii) A certificate from a firefighting training course as required 
by 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). Commanding Officer, National Maritime 
Center will give consideration to accepting education

[[Page 168]]

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;
    (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:
    (i) Evidence of the experience described in paragraph (h)(1) of this 
section with a recommendation signed by a senior company official which:
    (A) Provides a description of the applicant's experience and 
qualifications;
    (B) Certifies that the individual has successfully directed, while 
under the supervision of an experienced rig mover, three rig moves of 
bottom bearing units; and
    (C) Certifies that one of the rig moves required under paragraph 
(j)(1)(i)(B) of this section was completed within one year preceding 
date of application; or
    (ii) A recommendation signed by a senior company official which:
    (A) Provides a description of the applicant's experience and company 
qualifications program completed;
    (B) Certifies that the applicant has witnessed ten rig moves either 
as an observer in training or as a rig mover under supervision;
    (C) Certifies that the individual has successfully directed, while 
under the supervision of an experienced rig mover, five rig moves of 
bottom bearing units; and
    (D) Certifies that one of the rig moves required under paragraph 
(j)(1)(ii)(C) of this section was completed within one year preceding 
date of application; and
    (2) Present evidence of training course completion as follows:
    (i) A certificate from a Coast Guard approved stability course 
approved for OIM Bottom Bearing Units license or endorsement;
    (ii) A certificate from a Coast Guard approved survival suit and 
survival craft training course; and
    (iii) A certificate from a firefighting training course as required 
by 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; CGD 95-028, 62 FR 51195, Sept. 30, 1997; USCG-
1998-4442, 63 FR 52189, Sept. 30, 1998]



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

[[Page 169]]

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). Commanding Officer, National Maritime 
Center will give consideration to accepting education credentials from 
programs having other than ABET accreditation. An applicant qualifying 
through a degree program must also have at least 168 days of service as 
driller, assistant driller, toolpusher, assistant toolpusher, mechanic, 
electrician, crane operator, subsea specialist, ballast control operator 
or equivalent supervisory position on MODUs. At least 84 days of that 
service shall have been as a ballast control operator or barge 
supervisor trainee; and
    (2) Present evidence of training course completion as follows:
    (i) A certificate from a Coast Guard approved stability course 
approved for a barge supervisor license or endorsement;
    (ii) A certificate from a Coast Guard approved survival suit and 
survival craft training course; and
    (iii) A certificate from a firefighting training course as required 
by 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; CGD 95-028, 62 FR 51195, Sept. 30, 1997; USCG-
1998-4442, 63 FR 52189, Sept. 30, 1998]



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). Commanding Officer, National Maritime 
Center will give consideration to accepting education credentials from 
programs having other than ABET accreditation. An applicant qualifying 
through a degree program must also have at least 28 days of service as a 
trainee under the supervision of a licensed ballast control operator; 
and
    (2) Present evidence of training course completion as follows:
    (i) A certificate from a Coast Guard approved stability course 
approved for a barge supervisor or ballast control operator license or 
endorsement;
    (ii) A certificate from a Coast Guard approved survival suit and 
survival craft training course; and
    (iii) A certificate from a firefighting training course as required 
by 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; CGD 95-028, 62 FR 51196, Sept. 30, 1997; USDA-
1998-4442, 63 FR 52189, Sept. 30, 1998]



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

[[Page 170]]

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.
    (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 (Unlimited).
    (2) Radar Observer (Inland Waters and GIWW).
    (3) Radar Observer (Rivers).
    (c) Endorsement as Radar Observer (Unlimited) is valid on all 
waters. Endorsement as Radar Observer (Inland Waters and GIWW) is valid 
only for those waters other than the Great Lakes covered by the Inland 
Navigational Rules. Endorsement as Radar Observer (Rivers) is valid only 
on any river, canal, or similar body of water designated by the OCMI, 
but not beyond the boundary line.
    (d) Except as provided by paragraphs (e) and (f) of this section, 
each applicant for a Radar-Observer endorsement or for renewal of an 
endorsement must complete the appropriate course approved by the Coast 
Guard, receive the appropriate certificate of training, and present the 
certificate to the OCMI.
    (e) An applicant who possesses a Radar-Observer endorsement, resides 
in a remote geographic area, and can substantiate to the satisfaction of 
the OCMI that the applicant's absence will disrupt normal movement of 
commerce, or that the applicant cannot attend an approved Radar-Observer 
renewal course, may have his or her endorsement renewed upon successful 
completion of an examination administered by the Coast Guard, or by a 
third party acceptable to the Coast Guard.
    (f) Except as provided by paragraph (k) of this section, a Radar-
Observer endorsement issued under this section is valid for 5 years 
after the month of issuance of the certificate of training from a course 
approved by the Coast Guard. It is not terminated by the issuance of a 
new license during these 5 years.
    (g) The month and year of the expiration of the Radar-Observer 
endorsement are printed on the license.
    (h) A Radar-Observer endorsement may be renewed at any time.
    (i) An applicant for renewal of a license that does not need a 
Radar-Observer endorsement may renew the license without meeting the 
requirements for the endorsement.
    (j) An applicant seeking to raise the grade of a license or increase 
its scope, where the increased grade or scope requires a Radar-Observer 
certificate, may use an expired certificate to fulfill that requirement.
    (k) The renewal date of a Radar-Observer endorsement may be extended 
beyond the normal 5-year duration to coincide with the renewal date of 
the license to which it pertains. This extension may not exceed 2 years 
and

[[Page 171]]

will be necessary only once, to synchronize the two renewal dates.

[CGD 94-041, 62 FR 11305, Mar. 11, 1997]



Sec. 10.482  Assistance towing.

    (a) This section contains the requirements to qualify for an 
endorsement authorizing an applicant to engage in assistance towing. The 
endorsement applies to all licenses except those for master and mate 
(pilot) of towing vessels and those for master or mate authorizing 
service on inspected vessels over 200 gross tons. Holders of any of 
these licenses may engage in assistance towing within the scope of the 
licenses and without the endorsement.
    (b) An applicant for an assistance towing endorsement shall pass a 
written examination demonstrating his or her knowledge of assistance 
towing safety, equipment, and procedures.
    (c) An assistance towing endorsement on a license as master, mate, 
or operator authorizes the holder to engage in assistance towing on any 
vessel within the scope of the license.
    (d) The period of validity of the endorsement is the same as the 
license on which it is endorsed, and it may be renewed with the license.

[CGD 87-017, 53 FR 18562, May 24, 1988, as amended by USCG-1999-6224, 64 
FR 63235, Nov. 19, 1999]



Sec. 10.491  Licenses for service on offshore supply vessels.

    Each license for service on offshore supply vessels (OSVs) 
authorizes service on OSVs as defined in 46 U.S.C. 2101(19) and as 
interpreted under 46 U.S.C. 14104(b), subject to any restrictions placed 
on the license.

[CGD 95-062, 62 FR 34532, June 26, 1997]



Sec. 10.493  Master (OSV).

    (a) Except as provided by paragraph (b) of this section, to qualify 
for a license as Master (OSV), an applicant shall present evidence that 
he or she meets the appropriate requirements of STCW Regulation II/2.
    (b) The OCMI may exempt an applicant from meeting any requirement 
under STCW Regulation II/2 that the OCMI determines to be inappropriate 
or unnecessary for service on an OSV, or that the applicant meets under 
the equivalency provisions of Article IX of STCW.

[CGD 95-062, 62 FR 34532, June 26, 1997]



Sec. 10.495  Chief Mate (OSV).

    (a) Except as provided by paragraph (b) of this section, to qualify 
for a license as Chief Mate (OSV), an applicant shall present evidence 
that he or she meets the appropriate requirements of STCW Regulation II/
2.
    (b) The OCMI may exempt an applicant from meeting any requirement 
under STCW Regulation II/2 that the OCMI determines to be inappropriate 
or unnecessary for service on an OSV, or that the applicant meets under 
the equivalency provisions of Article IX of STCW.

[CGD 95-062, 62 FR 34532, June 26, 1997]



Sec. 10.497  Mate (OSV).

    (a) Except as provided by paragraph (b) of this section, to qualify 
for a license as Mate (OSV), an applicant shall present evidence that he 
or she meets the appropriate requirements of STCW Regulation II/1.
    (b) The OCMI may exempt an applicant from meeting any requirement 
under STCW Regulation II/1 that the OCMI determines to be inappropriate 
or unnecessary for service on an OSV, or that the applicant meets under 
the equivalency provisions of Article IX of STCW.

[CGD 95-062, 62 FR 34532, June 26, 1997]



   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.

[[Page 172]]

    (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 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.

[[Page 173]]

    (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 174]]

[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 175]]



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 Commanding Officer, National Maritime 
Center; or,
    (7) One year of service as chief engineer (limited-near coastal) of 
steam or motor vessels and completing the appropriate examination 
described in subpart I of this part.
    (b) Experience gained in the deck department on vessels of 100 gross 
tons or over can be credited for up to three

[[Page 176]]

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; USCG-
1998-4442, 63 FR 52189, Sept. 30, 1998]



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 177]]

    (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). Commanding Officer, National 
Maritime Center will give consideration to accepting education 
credentials from programs having other than ABET accreditation. An 
applicant qualifying through a degree program must also have at least 
six months of employment in any of the capacities listed in paragraph 
(a)(1) of this section aboard self-propelled or propulsion assisted 
units; and
    (b) Present evidence of completion of a firefighting training course 
as required by 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

[[Page 178]]

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; USCG-
1998-4442, 63 FR 52189, Sept. 30, 1998]



Sec. 10.551  Licenses for service on offshore supply vessels.

    Each license for service on OSVs as Chief Engineer (OSV) or Engineer 
(OSV) authorizes service on OSVs as defined in 46 U.S.C. 2101(19) and as 
interpreted under 46 U.S.C. 14104(b), subject to any restrictions placed 
on the license.

[CGD 95-062, 62 FR 34532, June 26, 1997; CGD 95-062, 62 FR 40140, July 
25, 1997]



Sec. 10.553  Chief Engineer (OSV).

    (a) Except as provided by paragraph (b) of this section, to qualify 
for a license as Chief engineer (OSV), an applicant shall present 
evidence that he or she meets the appropriate requirements of STCW 
Regulation III/2.
    (b) The OCMI may exempt an applicant from meeting any requirement 
under STCW Regulation III/2 that the OCMI determines to be inappropriate 
or unnecessary for service on an OSV, or that the applicant meets under 
the equivalency provisions of Article IX of STCW.

[CGD 95-062, 62 FR 34532, June 26, 1997]



Sec. 10.555  Engineer (OSV).

    (a) Except as provided by paragraph (b) of this section, to qualify 
for a license as Engineer (OSV), an applicant shall present evidence 
that he or she meets the appropriate requirements of STCW Regulation 
III/1.
    (b) The OCMI may exempt an applicant from meeting any requirement 
under STCW Regulation III/1 that the OCMI determines to be inappropriate 
or unnecessary for service on an OSV, or that the applicant meets under 
the equivalency provisions of Article IX of STCW.

[CGD 95-062, 62 FR 34533, June 26, 1997]



                  Subpart F_Licensing of Radio Officers



Sec. 10.601  Applicability.

    This subpart provides for the licensing of radio officers for 
employment on vessels, and for the issue of STCW certificates or 
endorsements for those qualified to serve as radio operators on vessels 
subject to the provisions on the Global Maritime Distress and Safety 
System (GMDSS) of Chapter IV of SOLAS.

[CGD 95-062, 62 FR 34533, June 26, 1997]



Sec. 10.603  Requirements for radio officers' licenses, and STCW

certificates or endorsements for GMDSS radio operators.

    (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) Each applicant who furnishes evidence that he or she meets the 
standard of competence set out in STCW Regulation IV/2 (incorporated by 
reference in Sec. 10.102), including the competence to transmit and 
receive information using subsystems of GMDSS, to fulfill the functional 
requirements of GMDSS, and to provide radio services in emergencies is 
entitled to hold an STCW certificate suitably endorsed for performing 
duties associated with GMDSS.
    (d) Evidence required by paragraph (c) of this section must include 
a certificate--
    (1) For operator of radio in the GMDSS issued by the Federal 
Communications Commission (FCC); and
    (2) Of completion from a Coast Guard-approved course for operator of 
radio in the GMDSS, or other approved

[[Page 179]]

programs of training and assessment covering the same areas of 
competence.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 95-062, 62 FR 
34533, June 26, 1997; USCG-1999-6216, 64 FR 53223, Oct. 1, 1999; USCG-
1999-5610, 67 FR 66068, Oct. 30, 2002]



         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 master or mate (pilot) of towing vessels may 
apply for an endorsement as first class pilot for a specific route or 
routes in lieu of applying for a first class pilot's license.
    (b) The issuance of a license or endorsement as first class pilot to 
an individual qualifies that individual to serve as pilot over the 
route(s) specified on the license, subject to any limitations imposed 
under paragraph (c) of this section.
    (c) The Officer in Charge, Marine Inspection, issuing a license or 
endorsement as first class pilot, imposes appropriate limitations 
commensurate with the experience of the applicant, with respect to class 
or type of vessel, tonnage, route, and waters.
    (d) A license issued for service as a master, mate, or operator of 
uninspected towing vessels authorizes service as a pilot under the 
provisions of 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; USCG-1999-6224, 64 FR 63235, Nov. 19, 1999]



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 master or mate (pilot) of 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.
    (b) A graduate of the Great Lakes Maritime Academy in the deck class 
meets the service requirements of this section for a license as first 
class pilot on the Great Lakes.
    (c) Completion of a course of pilot training approved by the 
Commanding Officer, National Maritime Center, under subpart C of this 
part may be substituted for a portion of the service requirements of 
this section in accordance with 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

[[Page 180]]

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; USCG-1998-
4442, 63 FR 52189, Sept. 30, 1998; USCG-1999-6224, 64 FR 63235, Nov. 19, 
1999]



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.
    (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

[[Page 181]]

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 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

[[Page 182]]

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 in accordance 
with Sec. 10.219 of this part.
    (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.
    (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; USCG-2004-18884, 69 FR 58342, Sept. 30, 2004; 
USCG-2004-18884, 69 FR 68089, Nov. 23, 2004; USCG-2007-29018, 72 FR 
53964, Sept. 21, 2007]



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.



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

[[Page 183]]

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  [Reserved]



Subpart I_Subjects of License Examinations and Practical Demonstrations 
                              of Competence



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 master or mate (pilot) of towing vessels); or,
    (2) Engineer licenses with horsepower restrictions.
    (c) Except as provided in Sec. Sec. 10.202 and 10.209, each 
applicant for an STCW certificate or endorsement in the following 
capacities on vessels that operate beyond the Boundary Line shall also 
furnish sufficient documentary evidence that he or she has made a 
practical demonstration(s) of competence as set out under the 
appropriate STCW Regulations (incorporated by reference in Sec. 
10.102):
    (1) Deck Department. (i) Officer in charge of the navigational watch 
on a seagoing vessel of 500 gross tons (GT) or more.
    (ii) Officer in charge of the navigational watch on a seagoing 
vessel of less than 500 GT not engaged on a near-coastal voyage.
    (iii) Officer in charge of the navigational watch on a seagoing 
vessel of less than 500 GT engaged on a near-coastal voyage.
    (iv) Master and chief mate on a seagoing vessel of 3,000 GT or more.
    (v) Master and chief mate on a seagoing vessel of between 500 and 
3,000 GT.
    (vi) Master on a seagoing vessel of less than 500 GT not engaged on 
a near-coastal voyage.
    (vii) Master on a seagoing vessel of less than 500 gross tons 
engaged on a near-coastal voyage.
    (2) Engine Department. (i) Officer in charge of the engineering 
watch in a manned engine-room on a seagoing vessel.
    (ii) Designated duty engineer in a periodically unmanned engine-room 
on a seagoing vessel.
    (iii) Chief engineer officer of a seagoing vessel driven by main 
propulsion machinery of 3,000 kW [4,000 hp] of propulsion power or more.
    (iv) Second engineer officer of a seagoing vessel driven by main 
propulsion machinery of 3,000 kW [4,000 hp] of propulsion power or more.
    (v) Chief engineer officer of a seagoing vessel driven by main 
propulsion machinery of between 750 kW [1,000 hp] and 3,000 kW [4,000 
hp] of propulsion power.
    (vi) Second engineer officer of a seagoing vessel driven by main 
propulsion machinery of between 750 kW [1,000 hp] and 3,000 kW [4,000 
hp] of propulsion power.
    (d) Simulators used in assessment of competence under paragraph (c) 
of this section must meet the appropriate performance standards set out 
in Section A-I/12 of the STCW Code. However, simulators installed or 
brought into use before February 1, 2002, need not meet them so far as 
they fulfill the objectives of the assessment of competence or 
demonstration of proficiency.

[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; CGD 95-062, 
62 FR 34533, June 26, 1997; USCG-1998-4442, 63 FR 52188, Sept. 30, 1998; 
USCG-1999-6224, 64 FR 63235, Nov. 19, 1999; USCG-1999-5610, 67 FR 66068, 
Oct. 30, 2002; USCG-2004-18884, 69 FR 58342, Sept. 30, 2004]



Sec. 10.903  Licenses requiring examinations.

    (a) The following licenses require examinations for issuance:

[[Page 184]]

    (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)(i) Apprentice mate (steersman) of towing vessels;
    (ii) Apprentice mate (steersman) of towing vessels, limited;
    (19) Operator uninspected passenger vessels;
    (20) Master uninspected fishing industry vessels;
    (21) Mate uninspected fishing industry vessels;
    (22) Chief engineer steam/motor vessels;
    (23) First assistant engineer steam/motor vessels;
    (24) Second assistant engineer steam/motor vessels;
    (25) Third assistant engineer steam/motor vessels;
    (26) Chief engineer (limited) steam/motor vessels;
    (27) Assistant engineer (limited) steam/motor vessels;
    (28) Designated duty engineer steam/motor vessels;
    (29) Chief engineer uninspected fishing industry vessels;
    (30) Assistant engineer uninspected fishing industry vessels.
    (b) The following licenses do not require examinations:
    (1) Master ocean any gross tons when adding an endorsement as 
Offshore Installation Manager.
    (2) Master ocean or near coastal not more than 200 gross tons, when 
raising license grade from mate near coastal not more than 200 gross 
tons. Master ocean not more than 200 gross tons would, however, require 
an examination in celestial navigation.
    (3) Master Great Lakes and inland, inland, and rivers not more than 
200 gross tons when raising license grade from mate of the same route 
not more than 200 gross tons.
    (4) Master or mate (pilot) of towing vessels (endorsed for the same 
route).
    (c) Each candidate for any of the following licenses shall meet the 
requirements of the appropriate STCW regulations and standards of 
competence and those in part A of the STCW Code (incorporated by 
reference in Sec. 10.102), as indicated in table 903-1:
    (1) Master, oceans and near coastal, any gross tons.
    (2) Chief mate, oceans and near coastal, any gross tons.
    (3) Master, oceans and near coastal, 500 to 1600 gross tons.
    (4) Second mate, oceans and near coastal, any gross tons.
    (5) Third mate, oceans and near coastal, any gross tons.
    (6) Mate, oceans and near coastal, 500 to 1600 gross tons.
    (7) Master or mate of towing vessels of over 200 gross tons, oceans 
and near-coastal.
    (8) Master (OSV).
    (9) Chief mate (OSV).
    (10) Mate (OSV).
    (11) Chief engineer, unlimited.
    (12) 1st Assistant engineer, unlimited.
    (13) 2nd Assistant engineer, unlimited.
    (14) 3rd Assistant engineer, unlimited.

[[Page 185]]

    (15) Chief engineer, limited--oceans.
    (16) Assistant engineer, limited-oceans.
    (17) Chief engineer, limited-near coastal.
    (18) Chief engineer (OSV).
    (19) Engineer (OSV).

                                                                     Table 10.903-1
--------------------------------------------------------------------------------------------------------------------------------------------------------
                        STCW CODE                           1    2    3    4    5    6    7    8    9    10   11   12   13   14   15   16   17   18   19
--------------------------------------------------------------------------------------------------------------------------------------------------------
II/1.....................................................  ...  ...  ...   X    X    X   ...  ...  ...   X   ...  ...  ...  ...  ...  ...  ...  ...  ...
II/2, p. 1 & 2...........................................   X    X   ...  ...  ...  ...  ...   X    X   ...  ...  ...  ...  ...  ...  ...  ...  ...  ...
II/2, p. 3 & 4...........................................  ...  ...   X   ...  ...  ...   X   ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...
II/3.....................................................  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...
III/1....................................................  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...   X    X   ...   X   ...  ...   X
III/2....................................................  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...   X    X   ...  ...  ...  ...  ...   X   ...
III/3....................................................  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...   X   ...   X   ...  ...
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (d) After July 31, 1998, any candidate for a license listed in 
paragraph (c) of this section, who meets the requirements of the 
appropriate regulations and standards of competence in STCW and part A 
of the STCW code (incorporated by reference in Sec. 10.102) as 
indicated in table 10.903-1, need not comply with Sec. 10.910, or, 
10.950, of this part.

[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; CGD 95-062, 
62 FR 34533, June 26, 1997; USCG-1998-4442, 63 FR 52188, Sept. 30, 1998; 
USCG-1999-6224, 64 FR 63235, Nov. 19, 1999; 66 FR 20944, Apr. 26, 2001; 
USCG-1999-5610, 67 FR 66068, Oct. 30, 2002; USCG 1999-6224, 68 FR 35817, 
June 17, 2003; USCG-2004-18884, 69 FR 58342, Sept. 30, 2004]



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.
    6. Mate, oceans/near coastal, 500/1,600 gross tons.
    7. Master, oceans/near coastal, and mate, near coastal, 200 gross 
tons (includes master, near coastal, 100 gross tons).
    8. Operator, uninspected passenger vessels, near coastal.
    9. Operator, uninspected passenger vessels, Great Lakes/inland.
    10. Apprentice mate, towing vessels, ocean (domestic trade) and 
near-coastal routes.
    11. Apprentice mate (steersman), towing vessels, Great Lakes and 
inland routes.
    12. Steersman, towing vessels, Western Rivers.
    13. Master, Great Lakes/inland, or master, inland, any gross tons.
    14. Mate, Great Lakes/inland, any gross tons.
    15. Master, Great Lakes/inland, 500/1,600 gross tons.
    16. Mate, Great Lakes/inland, 500/1,600 gross tons.
    17. Master or mate, Great Lakes/inland, 200 gross tons (includes 
master, Great Lakes/inland, 100 gross tons).
    18. Master, rivers, any gross tons.
    19. Master, rivers, 500/1,600 gross tons.
    20. Mate, rivers, 500/1,600 gross tons.
    21. Master or mate, rivers, 200 gross tons (includes master, rivers, 
100 gross tons).
    22. Master, uninspected fishing industry vessels, oceans/near 
coastal.
    23. Mate, uninspected fishing industry vessels, oceans/near coastal.
    24. First class pilot.

                                                              Table 10.910-2--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

[[Page 186]]

 
        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    X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X
         Mariners.......................................
        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
    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

[[Page 187]]

 
            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  ..   X   X  ..  ..  ..   X  ..  ..   X  ..  ..   X  ..   X  ..  ..  ..  ..  ..  ..   X   X
     in Heavy Weather...................................
    Receiving Survivors From Lfbts/Lfrfts...............  ..   X   X  ..  ..  ..   X  ..  ..   X   X
    General: Turn Circle, Pivot Point, Advance and        ..  ..  ..   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X
     Transfer...........................................
    Determine Maneuvering Characteristics of Major        ..   X  ..   X   X
     Vessel Types.......................................
    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      X   X   X
     IMDG...............................................
    Dangerous/Hazardous Cargo Regulations...............   X   X   X   X   X   X  ..  ..  ..  ..  ..  ..   X   X   X   X  ..   X   X   X
    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

[[Page 188]]

 
    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./    X   X   X
         Crew/Cargo Safety..............................
    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   ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..   X
         Service Procedures for the Route Desired.......
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
    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

[[Page 189]]

 
SAIL/AUXILIARY SAIL VESSELS ADDENDUM (8):
    Any other subject considered necessary to establish    X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X   X
     the applicant's proficiency........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
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, as amended by USCG-1999-6224, 
64 FR 63235, Nov. 19, 1999; USCG-2001-10224, 66 FR 48619, Sept. 21, 
2001]



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   X    X    X    X    X    X   ...
   Watch''...........................
  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,      X    X    X    X    X    X    X
   structural members................
  Trim and stability.................   X    X    X    X    X    X    X
  Damaged trim and stability            X    X    X    X   ...   X    X
   countermeasures...................
  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   ...  ...
  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   ...

[[Page 190]]

 
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            X    X    X    X    X    X    X
   regulations.......................
  Basic firefighting and prevention     X    X    X    X    X    X    X
   of fires..........................
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
  H2 S 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     X    X    X    X    X    X   ...
   and failures......................
  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   X    X    X    X    X    X   ...
   precautions.......................
  Mooring equipment..................   X    X    X    X    X    X   ...
  Crane use procedures and              X    X    X    X    X    X   ...
   inspections.......................
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     X    X    X    X    X   ...  ...
     of vessels......................
    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         X    X    X    X    X   ...  ...
     regulations.....................
    Rules and regulations for MODUs..   X    X    X    X    X    X   ...
    International Maritime law:......  ...  ...  ...  ...  ...  ...  ...
    International Maritime              X    X    X    X    X   ...  ...
     Organization....................
    International Convention on Load    X    X    X    X   ...  ...   X
     Lines...........................
    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        X    X    X    X    X    X    X
   (launching, boat handling)........
  Procedures/rules for lifeboats,       X    X    X    X    X    X    X
   survival suits, PFDs, life rafts
   and emergency signals.............
  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]

[[Page 191]]



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 192]]

 
  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 193]]

 
  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 194]]



                     Subpart J_Ro-Ro Passenger Ships

    Source: CGD 95-062, 62 FR 34534, June 26, 1997, unless otherwise 
noted.



Sec. 10.1001  Purpose of regulations.

    The purpose of the regulations in this subpart is to establish 
requirements for officers serving on roll-on/roll-off (Ro-Ro) passenger 
ships.



Sec. 10.1003  Definition.

    Roll-on/roll-off (Ro-Ro) passenger ship means a passenger ship with 
Ro-Ro cargo spaces or special-category spaces as defined in the 
Convention for the Safety of Life at Sea, 1974, as amended (SOLAS), to 
which a SOLAS certificate is issued.



Sec. 10.1005  General requirement for license-holders.

    To serve on a Ro-Ro passenger ship after January 31, 1997, a person 
licensed as master, chief mate, licensed mate, chief engineer, or 
licensed engineer shall meet the appropriate requirements of STCW 
Regulation V/2 and Section A-V/2 of the STCW Code (incorporated by 
reference in Sec. 10.102) and shall hold documentary evidence to show 
his or her meeting these requirements.

[CGD 95-062, 62 FR 34534, June 26, 1997, as amended by USCG-1999-5610, 
67 FR 66068, Oct. 30, 2002]



  Subpart K_Officers on a Passenger Ship, Other Than a Ro-Ro Passenger 
                  Ship, When on an International Voyage

    Source: USCG-1999-5610, 67 FR 66068, Oct. 30, 2002, unless otherwise 
noted.



Sec. 10.1101  Purpose of rules.

    The rules in this subpart establish requirements for officers 
serving on passenger ships as defined in Sec. 10.1103.



Sec. 10.1103  Definitions.

    Passenger ship in this subpart means a ship, other than a Ro-Ro 
passenger ship, carrying more than 12 passengers when on an 
international voyage.



Sec. 10.1105  General requirements for license holders.

    If you are licensed as a master, mate, chief mate, engineer, or 
chief engineer, then, before you may serve on a passenger ship, you 
must--
    (a) Meet the appropriate requirements of the STCW Regulation V/3 and 
of section A-V/3 of the STCW Code (incorporated by reference in Sec. 
10.102); and
    (b) Hold documentary evidence to show that you meet these 
requirements through approved or accepted training.



PART 12_CERTIFICATION OF SEAMEN--Table of Contents




                          Subpart 12.01_General

Sec.
12.01-1 Purpose of rules in this part.
12.01-3 Incorporation by reference.
12.01-6 Definitions of terms used in this part.
12.01-7 Where to apply.
12.01-9 Paperwork approval.
12.01-11 Transportation Worker Identification Credential.

          Subpart 12.02_General Requirements for Certification

12.02-3 Where documents are issued.
12.02-4 Basis for denial of a merchant mariner's document.
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 mariners' documents.
12.02-12 Identity.
12.02-13 Citizenship requirements.
12.02-14 Nationality of aliens.
12.02-15 Oath requirement.
12.02-17 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 of continuous discharge book, merchant mariner's 
          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 [Reserved]

[[Page 195]]

              Subpart 12.03_Approved and Accepted Training

12.03-1 Coast Guard-accepted training other than approved courses.

                        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 document 
          endorsed for service as able seamen.

Subpart 12.07 [Reserved]

                        Subpart 12.10_Lifeboatman

12.10-1 Certification required.
12.10-3 General requirements.
12.10-5 Examination and demonstration of ability.
12.10-7 General provisions respecting merchant mariner's document 
          endorsed as lifeboatman.
12.10-9 Certificates of proficiency in fast rescue boats.

 Subpart 12.13_Persons Designated To Provide Medical Care on Board Ship

12.13-1 Documentary evidence required.
12.13-3 Basis of documentary evidence.

         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 12.25_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.
12.25-45 GMDSS At-sea Maintainer.

                   Subpart 12.30_Ro-Ro Passenger Ships

12.30-1 Purpose of regulations.
12.30-3 Definitions.
12.30-5 General requirements.

   Subpart 12.35_Crewmembers on a Passenger Ship, Other Than a Ro-Ro 
             Passenger Ship, When on an International Voyage

12.35-1 Purpose of rules.
12.35-3 Definition.
12.35-5 General requirements.
12.40-1 Purpose of rules.
12.40-3 Definitions.
12.40-5 General application requirements.
12.40-7 Employer requirements.
12.40-9 Basis for denial.
12.40-11 Citizenship and identity.
12.40-13 Restrictions.
12.40-15 Alternative means of compliance.



  Subpart 12.40_Non-resident Alien Unlicensed Members of the Steward's 
             Department on U.S.-Flag Large Passenger Vessels

    Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110, 7301, 7302, 
7503, 7505, 7701, and 70105; Department of Homeland Security Delegation 
No. 0170.1.

    Source: CGFR 65-50, 30 FR 16640, Dec. 30, 1965, unless otherwise 
noted.



                          Subpart 12.01_General



Sec. 12.01-1  Purpose of rules in this part.

    (a) The purposes of the regulations in this part are to provide--
    (1) A comprehensive and adequate means of determining and verifying 
the identity, citizenship, nationality, and professional qualifications 
an applicant must possess to be eligible for certification to serve on 
merchant vessels of the United States;
    (2) A means of determining that an applicant is competent to serve 
as a ``rating forming part of a navigational watch'' or a ``rating 
forming part of an engine-room watch'', or is otherwise ``designated to 
perform duties in a periodically unmanned engine-room'', on a seagoing 
ship, in accordance with the provisions of the International Convention 
on Standards of Training, Certification and Watchkeeping for Seafarers,

[[Page 196]]

1978, as amended (STCW), and to receive the certificate or endorsement 
required by STCW (incorporated by reference in Sec. 12.01-3); and
    (3) A means, through a criminal record review and a safety and 
security check, to determine whether the holder of a merchant mariner's 
document would be a threat to the safety of life or property at sea, or 
his or her presence would be adverse to the security of the United 
States.
    (b) The regulations in subpart 12.03 of this part prescribe the 
requirements applicable to all training and assessment associated with 
meeting the standards of competence established by STCW.
    (c) Continuous discharge books and merchant mariner documents are 
issued by the Coast Guard and are property of the Coast Guard.

[CGD 95-062, 62 FR 34534, June 26, 1997, as amended by USCG-1999-5610, 
67 FR 66068, Oct. 30, 2002; USCG-2003-14500, 69 FR 531, Jan. 6, 2004]



Sec. 12.01-3  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in paragraph (b) of this section, the Coast Guard must publish 
notice of change in the Federal Register and must ensure that the 
material is available to the public. All approved material is available 
for inspection at the U.S. Coast Guard, Office of Operating and 
Environmental Standards, room 1210, 2100 Second Street SW., Washington, 
DC, or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html. All material 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 as follows:
    International Maritime Organization (IMO), 4 Albert Embankment, 
London, SE1 7SR, England. The STCW--International Convention on 
Standards of Training, Certification and Watchkeeping for Seafarers, 
1978, as amended in 1995 and 1997 (the STCW Convention, or the STCW)--
and Seafarers' Training, Certification and Watchkeeping Code (the STCW 
Code), approved for incorporation by reference in sections 12.01-1; 
12.01-6; 12.02-7; 12.02-11; 12.03-1; 12.05-3; 12.05-7; 12.05-11; 12.10-
3; 12.10-5; 12.10-7; 12.10-9; 12.15-3; 12.15-7; 12.25-45; 12.30-5; and 
12.35-5 of this part.

[USCG-1999-5610, 67 FR 66068, Oct. 30, 2002]



Sec. 12.01-6  Definitions of terms used in this part.

    Approved means approved by the Coast Guard in accordance with 46 CFR 
10.302.
    Coast Guard-accepted means that the Coast Guard has officially 
acknowledged in writing that the material or process at issue meets the 
applicable requirements; that the Coast Guard has issued an official 
policy statement listing or describing the material or process as 
meeting the applicable requirements; or that an entity acting on behalf 
of the Coast Guard under a Memorandum of Agreement has determined that 
the material or process meets the applicable requirements.
    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 United 
States, the District of Columbia, any State, territory, or possession of 
the United States, a foreign country, or any military court, of a 
criminal felony or misdemeanor or of an offense described in section 205 
of the National Driver Register Act of 1982, as amended (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 forgo appeal of a trial court's 
conviction, then the Coast Guard will consider the applicant to have 
received a conviction. A later expungement of the conviction will not 
negate a conviction unless the Coast Guard is satisfied that the 
expungement is based upon a showing

[[Page 197]]

that the court's earlier conviction was in error.
    Designated examiner means a person who has been trained or 
instructed in techniques of training or assessment and is otherwise 
qualified to evaluate whether a candidate for a license, document, or 
endorsement has achieved the level of competence required to hold the 
license, document, or endorsement. This person may be designated by the 
Coast Guard, or by a Coast Guard-approved or accepted program of 
training or assessment. A faculty member employed at a State maritime 
academy or the U.S. Merchant Marine Academy operated in accordance with 
regulations in 46 CFR part 310 and instructing in a navigation or 
engineering course is qualified to serve as a designated examiner in his 
or her area(s) of specialization without individual evaluation by the 
Coast Guard.
    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:
    (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.
    Officer in Charge, Marine Inspection (OCMI) for the purposes of part 
12 means the officer or individual so designated at one of the Regional 
Examination Centers, or any person so designated by the Commandant.
    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.
    Practical demonstration means the performance of an activity under 
the direct observation of a designated examiner for the purpose of 
establishing that the performer is sufficiently proficient in a 
practical skill to meet a specified standard of competence or other 
objective criterion.
    Qualified instructor means a person who has been trained or 
instructed in instructional techniques and is otherwise qualified to 
provide required training to candidates for licenses, documents, and 
endorsements. A faculty member employed or at a State maritime academy 
or the U.S. Merchant Marine Academy operated in accordance with 46 CFR 
part 310 and instructing in a navigation or engineering course is 
qualified to serve as a qualified instructor in his or her area(s) of 
specialization without individual evaluation by the Coast Guard.
    Qualified rating means various categories of Able Seaman, Qualified 
Member of the Engine Department, Lifeboatman, or Tankerman endorsements 
on merchant mariner's documents.
    Safe and suitable person is one whose character and habits of life 
are such as to support the belief that his or her presence on board 
vessels of the United States is not, or may not be, adverse to the 
security of the United States.
    Safety and Security Check is the process or action taken by the 
Coast Guard to determine whether an applicant for, or holder of, a 
merchant mariner's document is a safe and suitable person to be issued 
such a document or to be employed on a vessel under the authority of 
such a document.
    Standard of competence means the level of proficiency to be achieved 
for the proper performance of duties on board vessels in accordance with 
national and international criteria.

[[Page 198]]

    STCW means the International Convention on Standards of Training, 
Certification and Watchkeeping for Seafarers, 1978, as amended 
(incorporated by reference in Sec. 12.01-3).
    STCW Code means the Seafarer's Training, Certification and 
Watchkeeping Code.
    STCW endorsement means a certificate or endorsement issued in 
accordance with STCW. An STCW endorsement issued by the Officer in 
Charge, Marine Inspection (OCMI), will be valid only when accompanied by 
the appropriate U.S. license or document; and, if the license or 
document is revoked, then the associated STCW endorsement will no longer 
be valid for any purpose. References to STCW placed on a U.S. license or 
merchant mariner's document will suffice as STCW endorsements for the 
mariner serving on a vessel operating exclusively on a domestic voyage 
(i.e., to and from U.S. ports or places subject to U.S. jurisdiction).

[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; CGD 95-062, 
62 FR 34534, June 26, 1997; CGD 97-057, 62 FR 51042, Sept. 30, 1997; 
USCG-1999-5610, 67 FR 66068, Oct. 30, 2002; USCG-2003-14500, 69 FR 531, 
Jan. 6, 2004; USCG-2006-25535, 71 FR 48482, Aug. 21, 2006]



Sec. 12.01-7  Where to apply.

    Applicants for licenses or certification may apply to the Coast 
Guard National Maritime Center or any of the Regional Examination 
Centers. Applicants may contact the National Maritime Center at 4200 
Wilson Boulevard, Suite 630, Arlington, Virginia 22203-1804, or by 
telephone at 202-493-1002. A list of Regional Examination Locations is 
available through the Coast Guard Web site at http://www.uscg.mil.

[USCG-2006-25535, 71 FR 48482, Aug. 21, 2006]



Sec. 12.01-9  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 1625-0079--46 CFR 12.02-17 and 12.03-1.
    (2) [Reserved]

[CGD 95-062, 62 FR 34535, June 26, 1997, as amended by USCG-2004-18884, 
69 FR 58343, Sept. 30, 2004]



Sec. 12.01-11  Transportation Worker Identification Credential.

    By September 25, 2008 all mariners holding a Merchant Mariner's 
Document or STCW endorsement issued under this part must hold a valid 
Transportation Worker Identification Credential (TWIC) issued by the 
Transportation Security Administration under 49 CFR part 1572. Failure 
to obtain or hold a valid TWIC may serve as a basis for suspension or 
revocation of a mariner's license, COR or STCW endorsement under 46 
U.S.C. 7702 and 7703.

[CG-2006-24196, 72 FR 3588, Jan. 25, 2007]



          Subpart 12.02_General Requirements for Certification



Sec. 12.02-3  Where documents are issued.

    (a) Merchant mariner's documents may be issued to qualified 
applicants at the National Maritime Center or at any Regional 
Examination Center during usual business hours.
    (b)(1) Coast Guard Merchant Marine Details abroad are authorized to 
conduct examinations for upgrading of seamen, but are not prepared to 
conduct the physical examination where required. Merchant Marine Details 
will therefore not issue regular certificates, but temporary permits in 
lieu thereof. Merchant Marine Details will instruct the recipient of 
each temporary permit to present it to the Officer in Charge, Marine 
Inspection, upon arrival in the first port in the United States in which 
a Marine Inspection Office is located in order to exchange it for a 
permanent certificate.
    (2) The temporary permit shall be accepted in a Marine Inspection 
Office as proof that the bearer has complied with the rules and 
regulations governing the issuance of certificates, except as noted in 
the body of the temporary permit. The requirements noted in the 
exceptions will be complied with as in the case of other applicants.

[[Page 199]]

    (3) The written examinations are forwarded to the Commanding 
Officer, National Maritime Center by Merchant Marine Details. Any Marine 
Inspection Office at which an applicant with a temporary permit appears 
may request and obtain the examination in the case from the Commanding 
Officer, National Maritime Center. Any Marine Inspection Office which 
doubts the propriety of issuing a permanent certificate in lieu of a 
temporary permit which has been issued by a foreign Merchant Marine 
Detail shall inform the Commanding Officer, National Maritime Center 
fully as to the circumstances.

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 95-072, 60 FR 
50460, Sept. 29, 1995; USCG-1998-4442, 63 FR 52189, Sept. 30, 1998; 
USCG-2004-18884, 69 FR 58343, Sept. 30, 2004; USCG-2004-18884, 69 FR 
68089, Nov. 23, 2004; USCG-2006-25535, 71 FR 48483, Aug. 21, 2006]



Sec. 12.02-4  Basis for denial of a merchant mariner's document.

    (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, any State, territory, or possession of the United States, a 
foreign country, or any military court, is eligible for a merchant 
mariner's document, except as provided by paragraph (c) of this section. 
No person who has ever been the user of a dangerous drug, addicted or 
not, or has ever been convicted of an NDR offense described in section 
205 of the National Driver Register Act of 1982, as amended (49 U.S.C. 
30304) because of addiction to 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 and Safety and Security Check. The Coast 
Guard may conduct a criminal record review and conduct a safety and 
security check of an applicant for a merchant mariner's document. An 
applicant pursuing simultaneous transactions for merchant mariner's 
credentials shall undergo a single criminal record review and safety and 
security check. Each applicant must provide written disclosure of all 
prior convictions (as defined in Sec. 12.01-6) at the time of 
application.
    (1) When a criminal record review and a safety and security check 
are conducted, the applicant shall provide fingerprints in a form and 
manner specified by the Coast Guard.
    (i) When a criminal record review or a safety and security check 
leads the Coast Guard to determine that an applicant is not a safe and 
suitable person (as defined in Sec. 12.01-6) or cannot be entrusted 
with the duties and responsibilities of the merchant mariner's document 
for which application is made, the application may be disapproved.
    (ii) If an application is disapproved, the applicant will be 
notified in writing of the fact, and, except as provided by this 
paragraph, the reason or reasons for disapproval and advised that the 
appeal procedures in Sec. 1.03 of this chapter apply. No examination 
will be given pending decision on appeal. The applicant will be notified 
in writing of the reason or reasons for disapproval, unless the Coast 
Guard determines that such disclosure of information is prohibited by 
law, regulation, or agency policy, in which case the reason(s) will not 
be disclosed.
    (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

[[Page 200]]

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.
    (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.

[[Page 201]]



    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.
----------------------------------------------------------------------------------------------------------------
                                         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

[[Page 202]]

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.
    (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

[[Page 203]]

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; USCG-2003-14500, 69 FR 531, Jan. 6, 2004; USCG-
2004-18884, 69 FR 58343, Sept. 30, 2004]



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-
719B.

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by USCG-2003-14500, 
69 FR 532, Jan. 6, 2004]



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.
    (d) After January 31, 1997, each person serving as a rating forming 
part of a navigational watch on a seagoing ship of 500 gross tons or 
more shall hold an STCW endorsement certifying him or her as qualified 
to perform the navigational function at the support level, in accordance 
with STCW (incorporated by reference in Sec. 12.01-3).
    (e) After January 31, 2002, each person serving as a rating forming 
part of a watch in a manned engine-room or

[[Page 204]]

designated to perform duties in a periodically unmanned engine-room, on 
a seagoing ship driven by main propulsion machinery of 750 kW [1,000 hp] 
of propulsion power or more, shall hold an STCW endorsement certifying 
him or her as qualified to perform the marine-engineering function at 
the support level, in accordance with STCW.
    (f) Notwithstanding any other rule in this part, no unlicensed 
person serving on any of the following vessels needs hold an STCW 
endorsement, either because he or she is exempt from application of the 
STCW, or because the vessels are not subject to further obligation under 
STCW, on account of their special operating conditions as small vessels 
engaged in domestic voyages:
    (1) Small passenger vessels subject to subchapter T or K of title 
46, CFR.
    (2) Vessels of less than 200 GRT (other than passenger vessels 
subject to subchapter H of title 46, CFR).
    (3) Uninspected passenger vessels as defined in 46 U.S.C. 2101(42).
    (4) Fishing vessels as defined in 46 U.S.C. 2101(11)(a).
    (5) Fishing vessels used as fish-tender vessels as defined in 46 
U.S.C. 2101(11)(c).
    (6) Barges as defined in 46 U.S.C. 2101(2), including non-self-
propelled mobile offshore-drilling units.
    (7) Vessels operating exclusively on the Great Lakes.

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 95-062, 62 FR 
34535, June 26, 1997; USCG-1999-5610, 67 FR 66068, Oct. 30, 2002]



Sec. 12.02-9  Application for documents.

    (a) General. The Coast Guard will not process an incomplete merchant 
mariner's document application. It will process an application that is 
current and up-to-date with respect to service, physical examination, 
and other pertinent matters. 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 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 a merchant mariner's document may be subject 
to a criminal record review and a safety and security check as described 
by Sec. 12.02-4(c).

[[Page 205]]

    (h) Each applicant for a merchant mariner's document 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; 
USCG-2003-14500, 69 FR 532, Jan. 6, 2004]



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 US Citizenship and Immigration Services 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 US Citizenship and Immigration Services 
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.

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by USCG-2004-18884, 
69 FR 58343, Sept. 30, 2004]



Sec. 12.02-11  General provisions respecting merchant mariners' 

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 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

[[Page 206]]

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.
    (h) When a merchant mariner's document is issued, renewed, or 
endorsed, the Officer in Charge, Marine Inspection, will determine 
whether the holder of the document is required to hold an STCW 
endorsement for service on a seagoing vessel, and then, if the holder is 
qualified, the Officer in Charge, Marine Inspection will issue the 
appropriate endorsement. The Officer in Charge, Marine Inspection will 
also issue an STCW endorsement at other times, if circumstances so 
require and if the holder of the document is qualified to hold the 
endorsement. The Officer in Charge, Marine Inspection will issue an STCW 
endorsement for the following ratings:
    (1) A rating forming part of a navigational watch on a seagoing ship 
of 500 GT or more if the holder of the document is qualified in 
accordance with STCW Regulation II/4 and Section A-II/4 of the STCW Code 
(incorporated by reference in Sec. 12.01-3), to perform the 
navigational function at the support level.
    (2) A rating forming part of a watch in a manned engine-room, or 
designated to perform duties in a periodically unmanned engine-room, on 
a seagoing ship driven by main propulsion machinery of 750 kW [1,000 hp] 
of propulsion power or more, if the holder is qualified in accordance 
with STCW Regulation III/4 and Section A-III/4 of the STCW Code, to 
perform the marine-engineering function at the support level.
    (i) At the request of the holder of the document, the Officer in 
Charge, Marine Inspection may add an endorsement to indicate that a 
qualified holder has received basic safety-training or instruction 
required under Chapter VI of STCW.

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 95-062, 62 FR 
34535, June 26, 1997; USCG-1999-5610, 67 FR 66068, Oct. 30, 2002; USCG-
2004-18884, 69 FR 58343, Sept. 30, 2004]



Sec. 12.02-12  Identity.

    (a) Each person applying for a merchant mariner's document shall 
present acceptable proof of identity. Proof of identity shall consist of 
two current forms of identification, one of which shall contain a photo 
of the applicant. The Coast Guard may require other identification 
information reasonably necessary to prove the applicant's identity.
    (b) The following credentials are acceptable proof of identity:
    (1) Unexpired U.S. military identification card;
    (2) Unexpired U.S. driver's license;
    (3) Unexpired U.S. passport;
    (4) Unexpired official identification card issued by a federal, 
State, or local government or by a territory or possession of the U.S. 
(including a federal employee's identification credential);
    (5) Unexpired port credential, with photo of the applicant, issued 
by State or local port authority;
    (6) Unexpired law enforcement credential, with photo of the 
applicant;
    (7) Unexpired merchant mariner's document issued after February 3, 
2003;
    (8) Unexpired foreign passport; or
    (9) Birth Certificate or Birth Registration, issued by a State, 
county, municipality or outlying possession of the U.S.

[USCG-2003-14500, 69 FR 532, Jan. 6, 2004]



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.

[[Page 207]]

    (b) The OCMI may reject any evidence of citizenship that is not 
believed to be authentic. Acceptable evidence of citizenship may be an 
original or a copy certified as true by the agency responsible for 
issuing the document of the following:
    (1) Birth certificate or birth registration;
    (2) Certificate of naturalization (original must be presented; 
photocopies are unlawful);
    (3) Baptismal certificate or parish record recorded within one year 
after birth;
    (4) Statement of a practicing physician certifying the physician's 
attendance at the birth and who possesses a record showing the date and 
location at which it occurred;
    (5) State Department passport;
    (6) A merchant mariner's document issued by the Coast Guard after 
February 3, 2003, that shows that the holder is a citizen of the U.S.;
    (7) Delayed certificate of birth issued under a state seal in the 
absence of any collateral facts indicating fraud in its procurement; or
    (8) Certificate of Citizenship issued by the US Citizenship and 
Immigration Services or by the Bureau of Citizenship and Immigration 
Services;
    (c) If the applicant can not meet the requirements set forth in 
paragraphs (b)(1) through (8) of this section, the applicant must make a 
statement to that effect, and may submit data of the following character 
for consideration:
    (1) Report of the Census Bureau showing the earliest available 
record of age or birth.
    (2) Affidavits of parents, other relative, or two or more 
responsible citizens of the U.S. stating citizenship.
    (3) School records, immigration records, or insurance policies.

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended at 60 FR 50460, 
Sept. 29, 1995; USCG-1998-4442, 63 FR 52189, Sept. 30, 1998; USCG-2001-
10224, 66 FR 48619, Sept. 21, 2001; USCG-2003-14500, 69 FR 532, Jan. 6, 
2004; USCG-2004-18884, 69 FR 58343, Sept. 30, 2004]



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 Commanding Officer, 
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; USCG-1998-4442, 63 FR 52189, Sept. 30, 1998]



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]

[[Page 208]]



Sec. 12.02-17  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 person applies for a merchant mariner's document, he or 
she must--
    (1) Sign the document; and
    (2) Provide acceptable proof of identity as described in Sec. 
12.02-12.
    (d) For recordkeeping purposes, the official identification number 
is a seaman's social security number.
    (e) After July 31, 1998, an applicant for a merchant mariner's 
document who will be serving on a seagoing vessel of 200 GRT or more 
shall provide a document issued by a qualified medical practitioner 
attesting the applicant's medical fitness to perform the functions for 
which the document is issued.
    (f) An applicant for a certificate of service or efficiency who has 
been duly examined and refused a certificate by an Officer in Charge, 
Marine Inspection may come before the same Officer in Charge, Marine 
Inspection for reexamination at any time after the date of the initial 
examination. The Officer in Charge, Marine Inspection sets the time of 
reexamination based on the applicant's performance on the initial 
examination. However, the maximum waiting period after the initial 
failure will be 30 days, and the maximum waiting period after a second 
or subsequent failure will be 90 days.
    (g) An applicant who has been examined and refused a certificate by 
an Officer in Charge, Marine Inspection may not make application for 
examination to any other Officer in Charge, Marine Inspection until 30 
days after the applicant's last failure of an examination or 
reexamination. However, an applicant may apply for examination by 
another Officer in Charge, Marine Inspection before the expiration of 
the 30 day period if sanctioned by the Officer in Charge, Marine 
Inspection who refused the applicant.
    (h) The mariner shall return the previous MMD when a new MMD is 
issued.

[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; CGD 95-062, 62 FR 34535, June 26, 1997; USCG-2003-14500, 
69 FR 532, Jan. 6, 2004]



Sec. 12.02-18  Fees.

    (a) Use table 12.02-18 to determine the fees that you must pay for 
merchant mariner document activities in this part.
    (b) Unless otherwise specified in this part, when two documents are 
processed on the same application--
    (1) Evaluation fees. If a merchant mariner document transaction is 
processed on the same application as a license or certificate of 
registry transaction, only the license or certificate of registry 
evaluation fee will be charged;
    (2) Examination fees. If a license examination under part 10 also 
fulfills the examination requirements in this part for a merchant 
mariner document, only the fee for the license examination is charged; 
and
    (3) Issuance fees. A separate issuance fee will be charged for each 
document issued.
    (c) You may pay--
    (1) All fees required by this section when you submit your 
application; or
    (2) A fee for each phase at the following times:
    (i) An evaluation fee when you submit your application.
    (ii) An examination fee before you take the first examination 
section.
    (iii) An issuance fee before you receive your merchant mariner 
document.
    (d) If you take your examination someplace other than a Regional 
Examination Center (REC), you must pay the examination fee to the REC at 
least one week before your scheduled examination date.

[[Page 209]]

    (e) Unless the REC provides additional payment options, your fees 
may be paid as follows:
    (1) Your fee payment must be for the exact amount.
    (2) Make your check or money order payable to the U.S. Coast Guard, 
and write your social security number on the front of each check or 
money order.
    (3) If you pay by mail, you must use either a check or money order.
    (4) If you pay in person, you may pay with cash, check, or money 
order at Coast Guard units where Regional Examination Centers are 
located.
    (f) The Coast Guard may assess charges for collecting delinquent 
payments or returned checks. The Coast Guard will not provide 
documentation services to a mariner who owes money for documentation 
services previously provided.

                                              Table 12.02-18--Fees
----------------------------------------------------------------------------------------------------------------
                                                                     And you need--
                                      --------------------------------------------------------------------------
          If you apply for--             Evaluation--Then the     Examination--Then the   Issuance--Then the fee
                                               fee is--                 fee is--                   is--
----------------------------------------------------------------------------------------------------------------
Merchant Mariner Document:
    Original:
        Without endorsement..........  $95....................  n/a.....................  $45.
        With endorsement.............  $95....................  $140....................  $45.
    Endorsement for qualified rating.  $95....................  $140....................  $45.
    Upgrade or Raise in Grade........  $95....................  $140....................  $45.
    Renewal without endorsement for    $50....................  n/a.....................  $45.
     qualified rating.
    Renewal with endorsement for       $50....................  $45.....................  $45.
     qualified rating.
    Renewal for continuity purposes..  n/a....................  n/a.....................  $45.
    Reissue, Replacement, and          n/a....................  n/a.....................  $45.\1\
     Duplicate.
STCW Certification:
    Original.........................  No fee.................  No fee..................  No fee.
    Renewal..........................  No fee.................  No fee..................  No fee.
Other Transactions:
    Duplicate Continuous Discharge     n/a....................  n/a.....................  $10.
     Book.
    Duplicate record of sea service..  n/a....................  n/a.....................  $10.
    Copy of certificate of discharge.  n/a....................  n/a.....................  $10.
----------------------------------------------------------------------------------------------------------------
\1\ Duplicate for document lost as result of marine casualty--No Fee.


[USCG-1997-2799, 64 FR 42815, Aug. 5, 1999; 64 FR 53231, Oct. 1, 1999]



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 46 U.S.C. Chapter 77.

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 
51196, Sept. 30, 1997]



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 Commanding Officer, National Maritime Center.

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 95-072, 60 FR 
50460, Sept. 29, 1995; USCG-1998-4442, 63 FR 52189, Sept. 30, 1998]



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

[[Page 210]]

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 table 12.02-18 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 table 12.02-18 in Sec. 12.02-18.
    (d) Each person issued a document described in Sec. 12.02-5, shall 
report its loss to an Officer in Charge, Marine Inspection.
    (e) If a merchant mariner's document or service record is lost, the 
seaman may obtain a duplicate by following the procedures in paragraph 
(c) of this section and by signing an affidavit, before the OCMI or a 
designated representative, explaining the loss of the document or 
service record. The Coast Guard will not process any application for a 
duplicate merchant mariner's document unless the applicant complies with 
the requirements of Sec. 12.02-9.
    (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.
    (g) The Coast Guard may deny applications for duplicate merchant 
mariner's documents for any reason listed in Sec. 12.02-4.

[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; USCG-1997-2799, 64 FR 42816, Aug. 5, 
1999; USCG-2003-14500, 69 FR 532, Jan. 6, 2004; USCG-2004-18884, 69 FR 
58343, Sept. 30, 2004]



Sec. 12.02-24  Reporting loss of continuous discharge book, merchant

mariner's document, or certificate of discharge.

    Whenever a mariner loses a continuous discharge book, merchant 
mariner's document, or certificate of discharge, the mariner shall 
immediately report the loss to the nearest OCMI. The report shall be 
made in writing giving the facts incident to its loss.

[USCG-2003-14500, 69 FR 532, Jan. 6, 2004]



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 the document is 
renewed. The Coast Guard will not process an application until the 
applicant has submitted a complete application package that complies 
with the requirements of Sec. 12.02-9. A request for a renewed merchant 
mariner's document may be denied for any reason listed in Sec. 12.02-4.
    (1) Each application for a merchant mariner's document must be made 
on form CG-719B furnished by the Coast Guard and be accompanied by the 
evaluation fee (including examination and issuance fees when required) 
established in Table 12.02-18 of Sec. 12.02-18. Each application must 
contain all necessary proofs of qualifications, identity, and 
citizenship or nationality. It must be current and up-to-date with 
respect to service, the physical examination, and all other pertinent 
matters.
    (2) The applicant may apply either in person at any Regional 
Examination Center listed in Sec. 12.01-7(a) or by mail under paragraph 
(e)(3) of this section.
    (3) Each applicant who elects to renew by mail shall submit the 
merchant mariner's document with his or

[[Page 211]]

her application. If a document is submitted, it will not be returned to 
the applicant. A photocopy of a merchant mariner's document showing both 
the front and the back of the document may be submitted in place of the 
existing document.
    (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

[[Page 212]]

the Officer in Charge, Marine Inspection is satisfied that special 
circumstances exist to justify renewal.
    (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 completed application and the evaluation fee (including 
examination and issuance fees when required) established in Table 12.02-
18 in Sec. 12.02-18.
    (B) The document to be renewed, or, if it has not expired, a 
photocopy of it, showing both the front and the back.
    (C) A copy (both front and back if the credentials are printed on 
two sides) of two credentials deemed acceptable proofs of identity in 
Sec. 12.02-12, one of which must be a photo identification.
    (D) A certification from a licensed physician or physician assistant 
in accordance with paragraph (d) of this section.
    (E) 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 
tables in Sec. Sec. 12.02-18 and 10.109 of this chapter for each 
merchant mariner's document, license, or certificate of registry being 
renewed.
    (5) Each applicant applying for renewal by mail must appear in 
person at an REC at least one time during the application process to 
obtain a renewed merchant mariner's document. At that time, the 
applicant must show the same proofs of identity submitted with the 
application package as required by paragraph (e)(3)(i)(C) of this 
section. No other proofs of identity will be accepted. At the time the 
applicant appears in person at the REC, the applicant shall provide 
fingerprints in a form and manner specified by the Coast Guard. The 
applicant shall return the expired or expiring document to the Coast 
Guard. If the applicant has applied in person, shown the proofs of 
identity, submitted the expired or expiring document with the 
application, and provided fingerprints, then the renewed document may be 
mailed to an address provided by the applicant.
    (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 
tables in Sec. Sec. 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

[[Page 213]]

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; USCG-1997-2799, 64 FR 42816, Aug. 5, 1999; USCG-
2003-14500, 69 FR 532, Jan. 6, 2004]



Sec. 12.02-29  [Reserved]



              Subpart 12.03_Approved and Accepted Training



Sec. 12.03-1  Coast Guard-accepted training other than approved courses.

    (a) When the training and assessment of competence required by part 
10 of this chapter or by this part 12 are not subject to approval under 
Sec. 10.302 of this chapter, but are used to qualify to hold an STCW 
certificate or endorsement for service on or after February 1, 2002, the 
training and assessment must meet the following requirements:
    (1) The training and assessment must have written, clearly defined 
objectives that emphasize specific knowledge, skills, and abilities, and 
that include criteria to be used in establishing a student's successful 
achievement of the training objectives.
    (2) The training must be set out in a written syllabus that conforms 
to a Coast Guard-accepted outline for such training and includes--
    (i) The sequence of subjects to be covered;
    (ii) The number of hours to be devoted to instruction in relevant 
areas of knowledge;
    (iii) The identity and professional qualifications of the 
instructor(s) to be conducting the training or providing instruction;
    (iv) The identity of other media or facilities to be used in 
conducting the training; and
    (v) Measurements at appropriate intervals of each candidate's 
progress toward acquisition of the specific knowledge, skills, and 
abilities stated in the training objectives.
    (3) Except as provided in paragraph (a)(4) of this section, 
documentary evidence must be readily available to establish that all 
instructors--
    (i) Have experience, training, or instruction in effective 
instructional techniques;
    (ii) Are qualified in the task for which the training is being 
conducted; and
    (iii) Hold the level of license, endorsement, or other professional 
credential required of those who would apply, on board a vessel, the 
relevant level of knowledge, skills, and abilities described in the 
training objectives.
    (4) Neither a specialist in a particular field of non-maritime 
education, such as mathematics or first aid, nor a person with at least 
3 years of service as a member of the Armed Forces of the United States, 
specializing in a particular field, need hold a maritime license or 
document to conduct training in that field.
    (5) A simulator may be used in training if--
    (i) The simulator meets applicable performance standards;
    (ii) The instructor has gained practical operational experience on 
the particular type of simulator being used; and
    (iii) The instructor has received appropriate guidance in 
instructional techniques involving the use of simulators.
    (6) Essential equipment and instructional materials must afford each 
student adequate opportunity to participate in exercises and acquire 
practice in performing required skills.
    (7) A process for routinely assessing the effectiveness of the 
instructors, including the use of confidential evaluations by students, 
is in place.
    (8) Documentary evidence is readily available to establish that any 
evaluation of whether a student is competent in accordance with 
standards, methods, and criteria set out in part A of the STCW Code 
(incorporated by reference in Sec. 12.01-3) is conducted by a 
designated examiner who has experience, training, or instruction in 
assessment techniques.
    (9) Records of the student's performance are maintained for at least 
1 year by the offeror of the training and assessment.
    (10) To ensure that the training is meeting its objectives, and the 
requirements of paragraphs (a) (1) through (9)

[[Page 214]]

of this section, its offeror must either--
    (i) Be regulated as a maritime academy or marine academy pursuant to 
46 CFR part 310; or
    (ii) Monitor it in accordance with a Coast Guard-accepted QSS, which 
must include the following features:
    (A) The training must be provisionally certified, on the basis of an 
initial independent evaluation conducted under a Coast Guard-accepted 
QSS, as being capable of meeting its stated objective.
    (B) The training must be periodically monitored in accordance with 
the schedule stipulated under the Coast Guard-accepted quality-standards 
system.
    (C) Each person conducting the initial evaluation or the subsequent 
periodic monitoring of the training shall be knowledgeable about the 
subjects being evaluated or monitored and about the national and 
international requirements that apply to the training, and shall not 
himself or herself be involved in the training and assessment of 
students.
    (D) Each person evaluating or monitoring the training shall enjoy 
convenient access to all appropriate documents and facilities, and 
opportunities both to observe all appropriate activities and to conduct 
confidential interviews when necessary.
    (E) Arrangements must be such as to ensure that no person evaluating 
or monitoring the training is penalized or rewarded, directly or 
indirectly, by the sponsor of the training for making any particular 
observations or for reaching any particular conclusions.
    (11) Each person conducting the initial evaluation under paragraph 
(a)(10)(ii)(A) of this section or the periodic monitoring of the 
training under paragraph (a)(10)(ii)(B) of this section shall 
communicate his or her conclusions to the Commanding Officer, National 
Maritime Center, NMC-4B, 4200 Wilson Boulevard, Suite 630, Arlington, VA 
22203-1804, within 1 month of the completion or the evaluation of the 
monitoring.
    (12) Each offeror of the training shall let the Coast Guard or 
someone authorized by the Coast Guard observe the records of a student's 
performance and records otherwise relating to paragraphs (a) (1) through 
(10) of this section.
    (b) The Coast Guard will maintain a list of training each of whose 
offerors submits a certificate, initially not less than 45 calendar days 
before offering training under this section, and annually thereafter, 
signed by the offeror or its authorized representative, stating that the 
training fully complies with requirements of this section, and 
identifying the Coast Guard-accepted QSS being used for independent 
monitoring. Training on this list will offer the training necessary for 
licenses and STCW endorsements under this part. The Coast Guard will 
update this list periodically and make it available to members of the 
public on request.
    (c) If the Coast Guard determines, on the basis of observations or 
conclusions either of its own or of someone authorized by it to monitor 
the training, that particular training does not satisfy one or more of 
the conditions described in paragraph (a) of this section--
    (1) The Coast Guard will so notify the offeror of the training by 
letter, enclosing a report of the observations and conclusions;
    (2) The offeror may, within a period specified in the notice, either 
appeal the observations or conclusions to the Commanding Officer, 
National Maritime Center or bring the training into compliance; and
    (3) If the appeal is denied--or the deficiency is not corrected in 
the allotted time, or within any additional period judged by the Coast 
Guard to be appropriate, considering progress towards compliance--the 
Coast Guard will remove the training from the list maintained under 
paragraph (b) of this section until it can verify full compliance; and 
it may deny applications for licenses for STCW endorsement based in 
whole or in part on training not on the list, until additional training 
or assessment is documented.

[CGD 95-062, 62 FR 34536, June 26, 1997, as amended by USCG-1998-4442, 
63 FR 52189, Sept. 30, 1998; USCG-1999-5610, 67 FR 66068, Oct. 30, 2002; 
USCG-2004-18884, 69 FR 58343, Sept. 30, 2004]

[[Page 215]]



                        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.

    (a) To qualify for certification as able seaman an applicant must:
    (1) Be at least 18 years of age;
    (2) Pass the prescribed physical examination;
    (3) Meet the sea service or training requirements set forth in this 
part;
    (4) Pass an examination demonstrating ability as an able seaman and 
lifeboatman; and,
    (5) Speak and understand the English language as would be required 
in performing the general duties of able seaman and during an emergency 
aboard ship.
    (b) An STCW endorsement valid for any period on or after February 1, 
2002, will be issued or renewed only when the candidate for 
certification as an able seaman also produces satisfactory evidence, on 
the basis of assessment of a practical demonstration of skills and 
abilities, of having achieved or maintained within the previous 5 years 
the minimum standards of competence for the following 4 areas of basic 
safety:
    (1) Personal survival techniques as set out in table A-VI/1-1 of the 
STCW Code (incorporated by reference in Sec. 12.01-3).
    (2) Fire prevention and fire-fighting as set out in table A-VI/1-2 
of the STCW Code.
    (3) Elementary first aid as set out in table A-VI/1-3 of the STCW 
Code.
    (4) Personal safety and social responsibilities as set out in table 
A-VI/1-4 of the STCW Code.
    (c) An STCW endorsement valid for any period on or after February 1, 
2002, will be issued or renewed only when the candidate for 
certification as able seamen meets the requirements of STCW Regulation 
II/4 and of Section A-II/4 of the STCW Code, if the candidate will be 
serving as a rating forming part of the navigational watch on a seagoing 
ship of 500 GT or more.

[CGD 80-131, 45 FR 69240, Oct. 20, 1980, as amended by CGD 95-062, 62 FR 
34537, June 26, 1997; CGD 95-062, 62 FR 40140, July 25, 1997; USCG-1999-
5610, 67 FR 66068, Oct. 30, 2002]



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. 10.205 of this 
subchapter. If the applicant is in possession of an unexpired deck 
license, the Officer in Charge, Marine Inspection, may waive the 
requirement for a physical examination.

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by USCG-1998-4442, 
63 FR 52189, Sept. 30, 1998]



Sec. 12.05-7  Service or training requirements.

    (a) The minimum service required to qualify an applicant for the 
various

[[Page 216]]

categories of able seaman is as listed in this paragraph.
    (1) Able Seaman--Any Waters, Unlimited. Three years service on deck 
on vessels operating on the oceans or the Great Lakes.
    (2) Able Seaman--Limited. Eighteen months service on deck in vessels 
of 100 gross tons or over which operate in a service not exclusively 
confined to the rivers and smaller inland lakes of the United States.
    (3) Able Seaman--Special. Twelve months service on deck on vessels 
operating on the oceans, or the navigable waters of the United States 
including the Great Lakes.
    (4) Able Seaman--Special (OSV). Six months service on deck on 
vessels operating on the oceans, or the navigable waters of the United 
States including the Great Lakes.
    (5) After July 31, 1998, to receive an STCW endorsement for service 
as a ``rating forming part of a navigational watch'' on a seagoing ship 
of 500 GT or more, the applicant's seagoing service must include 
training and experience associated with navigational watchkeeping and 
involve the performance of duties carried out under the direct 
supervision of the master, the officer in charge of the navigational 
watch, or a qualified rating forming part of a navigational watch. The 
training and experience must be sufficient to establish that the 
candidate has achieved the standard of competence prescribed in table A-
II/4 of the STCW Code (incorporated by reference in Sec. 12.01-3), in 
accordance with the methods of demonstrating competence and the criteria 
for evaluating competence specified in that table.

    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 Commanding Officer, National 
Maritime Center, may be substituted for the required periods of service 
on deck as follows:
    (1) A graduate of a school ship may be rated as able seaman upon 
satisfactory completion of the course of instruction. For this purpose, 
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 
Commanding Officer, National Maritime Center, who may allow a maximum of 
three days on deck service credit for each day of instruction.
    (c) A certificate of service as 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; CGD 95-062, 62 FR 34537, June 26, 1997; CGD 95-
062, 62 FR 40140, July 25, 1997; USCG-1998-4442, 63 FR 52189, Sept. 30, 
1998; USCG-1999-5610, 67 FR 66068, Oct. 30, 2002]



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

[[Page 217]]

    (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 
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.
    (d) 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.
    (e) 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; USCG-
2002-13058, 67 FR 61278, Sept. 30, 2002; USCG-2004-18884, 69 FR 58343, 
Sept. 30, 2004]



Sec. 12.05-11  General provisions respecting merchant mariner's 

document endorsed for service as able seamen.

    (a) The holder of a merchant mariner's document endorsed for the 
rating of able seamen may serve in any unlicensed rating in the deck 
department without obtaining an additional endorsement; provided, 
however, that the holder shall hold the appropriate endorsement under 
the STCW (incorporated by reference in Sec. 12.01-3) when serving in as 
a ``rating forming part of a navigational watch'' on a seagoing ship of 
500 GT or more.
    (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

[[Page 218]]

tugs, towboats, and barges on any waters.

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 95-062, 62 FR 
34537, June 26, 1997; USCG-1999-5610, 67 FR 66068, Oct. 30, 2002]

Subpart 12.07 [Reserved]



                        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  General 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 Commanding Officer, National Maritime Center.
    (3) Satisfactory completion of basic training by a Cadet of the 
United States Merchant Marine Cadet Corps.
    (4) Satisfactory completion of 3 years' training at the U.S. Naval 
Academy or the U.S. Coast Guard Academy including two training cruises.
    (5) Satisfactory completion of a course of training approved by the 
Commanding Officer, National Maritime Center, and service aboard a 
training vessel.
    (6) Successful completion of a training course, approved by the 
Commanding Officer, National Maritime Center, such course to include a 
minimum of 30 hours' actual lifeboat training; provided, however, that 
the applicant produces satisfactory evidence of having served a minimum 
of 6 months at sea board 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.
    (c) An applicant shall be 18 years old to be certified as proficient 
in survival craft under STCW Regulation VI/2 (incorporated by reference 
in Sec. 12.01-3).

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 95-072, 60 FR 
50460, Sept. 29, 1995; CGD 95-062, 62 FR 34537, June 26, 1997; USCG-
1998-4442, 63 FR 52189, Sept. 30, 1998; USCG-1999-5610, 67 FR 66068, 
Oct. 30, 2002; USCG-2004-18884, 69 FR 58343, Sept. 30, 2004]



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.

[[Page 219]]

    (c) The practical examination shall consist of a demonstration of 
the applicant's ability to carry out the orders incident to launching 
lifeboats, and the use of the boat's sail, and to row.
    (d) After July 31, 1998, each applicant for a lifeboatman's 
certificate endorsed for proficiency in survival craft and rescue boats 
shall be not less than 18 years old and shall produce satisfactory 
evidence that he or she meets the requirements of STCW Regulation VI/2 
(incorporated by reference in Sec. 12.01-3), paragraph 1, and the 
appropriate provisions of Section A-VI/2 of the STCW Code (also 
incorporated by reference in Sec. 12.01-3).

[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; CGD 95-
062, 62 FR 34537, June 26, 1997; USCG-1999-5610, 67 FR 66068, Oct. 30, 
2002]



Sec. 12.10-7  General provisions respecting merchant mariner's document

endorsed as lifeboatman.

    A merchant mariner's document endorsed as able seaman is the 
equivalent of a certificate as lifeboatman or of an endorsement as 
lifeboatman and will be accepted as either of these wherever either is 
required by law; provided, however, that, when the holder documented as 
an able seaman has to be certificated as either proficient in survival 
craft and rescue boats or proficient in fast rescue boats, he or she 
shall hold an endorsement under the STCW (incorporated by reference in 
Sec. 12.01-3).

[CGD 95-062, 62 FR 34537, June 26, 1997; CGD 95-062, 62 FR 40140, July 
25, 1997, as amended by USCG-1999-5610, 67 FR 66069, Oct. 30, 2002]



Sec. 12.10-9  Certificates of proficiency in fast rescue boats.

    (a) Each person engaged or employed as a lifeboatman proficient in 
fast rescue boats shall hold either a certificate of proficiency in 
these boats or a merchant mariner's document endorsed for proficiency in 
them.
    (b) To be eligible for either a certificate of proficiency in fast 
rescue boats or a merchant mariner's document endorsed for proficiency 
in them, an applicant shall--
    (1) Be qualified as a lifeboatman with proficiency in survival craft 
and fast rescue boats under this subpart; and
    (2) Furnish satisfactory proof that he or she has met the 
requirements for training and competence of STCW Regulation, VI/2 
(incorporated by reference in Sec. 12.01-3), paragraph 2, and the 
appropriate requirements of Section A-VI/2 of the STCW Code.

[CGD 95-062, 62 FR 34537, June 26, 1997, as amended by USCG-1999-5610, 
67 FR 66069, Oct. 30, 2002; USCG-2004-18884, 69 FR 58343, Sept. 30, 
2004]



 Subpart 12.13_Persons Designated To Provide Medical Care on Board Ship

    Source: CGD 95-062, 62 FR 34537, June 26, 1997, unless otherwise 
noted.



Sec. 12.13-1  Documentary evidence required.

    Each person designated to provide medical first aid on board ship, 
or to take charge of medical care on board ship, shall hold documentary 
evidence attesting that the person has attended a course of training in 
medical first aid or medical care, as appropriate.

[CGD 95-062, 62 FR 34537, June 26, 1997, as amended by USCG-2004-18884, 
69 FR 58343, Sept. 30, 2004]



Sec. 12.13-3  Basis of documentary evidence.

    The Officer in Charge, Marine Inspection will issue such documentary 
evidence to the person, or endorse his or her license or document, on 
being satisfied that the training required under section 12.13-1 of this 
section establishes that he or she meets the standards of competence set 
out in STCW Regulation VI/4 and Section A-VI/4 of the STCW Code.



         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

[[Page 220]]

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.
    (d) After July 31, 1998, an STCW endorsement valid for any period on 
or after February 1, 2002, will be issued or renewed only when the 
candidate for certification as a qualified member of the engine 
department also produces satisfactory evidence, on the basis of 
assessment of a practical demonstration of skills and abilities, of 
having achieved or maintained within the previous 5 years the minimum 
standards of competence for the following 4 areas of basic safety:
    (1) Personal survival techniques as set out in table A-VI/1-1 of the 
STCW Code (incorporated by reference in Sec. 12.01-3).
    (2) Fire prevention and fire-fighting as set out in table A-VI/1-2 
of the STCW Code.
    (3) Elementary first aid as set out in table A-VI/1-3 of the STCW 
Code.
    (4) Personal safety and social responsibilities as set out in table 
A-VI/1-4 of the STCW Code.
    (e) After July 31, 1998 an STCW endorsement that is valid for any 
period on or after February 1, 2002, will be issued or renewed only when 
the candidate for certification as a qualified member of the engine 
department meets the standards of competence set out in STCW Regulation 
III/4 and Section A-III/4 of the STCW Code, if the candidate will be 
serving as a rating forming part of a watch in a manned engine-room, or 
designated to perform duties in a periodically unmanned engine-room, on 
a seagoing ship driven by main propulsion machinery of 750 kW [1,000 hp] 
propulsion power or more.

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 95-062, 62 FR 
34538, June 26, 1997; USCG-2000-7790, 65 FR 58458, Sept. 29, 2000; USCG-
1999-5610, 67 FR 66069, Oct. 30, 2002]



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. 10.205 of this subchapter. If the applicant is in 
possession of an unexpired license, the Officer in Charge, Marine 
Inspection, may waive the requirement for a physical examination.
    (c) An applicant holding a certificate of service for a particular 
rating as qualified member of the engine department and desiring 
certification for another rating covered by this same form of 
certificate may qualify therefor without a physical examination unless 
the Officer in Charge, Marine Inspection, finds that the applicant 
obviously suffers from some physical or mental infirmity to a degree 
that would render him incompetent to perform the ordinary duties of a 
qualified member of the engine department. In this event

[[Page 221]]

the applicant shall be required to undergo an examination to determine 
his competency.

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by USCG-1998-4442, 
63 FR 52189, Sept. 30, 1998; USCG-2004-18884, 69 FR 58343, Sept. 30, 
2004; USCG-2004-18884, 69 FR 68089, Nov. 23, 2004]



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 Coast Guard proof of 
qualification based on six months' service in a rating at least equal to 
that of wiper or coal passer.
    (b) Training programs approved by the Commanding Officer, National 
Maritime Center, may be substituted for the required service at sea in 
accordance with the following:
    (1) A graduate of a school ship may be rated as qualified member of 
the engine department upon satisfactory completion of the course of 
instruction. For this purpose, 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.
    (c) To qualify to receive an STCW endorsement for service as a 
``rating forming part of a watch in a manned engine-room or designated 
to perform duties in a periodically unmanned engine-room'' on a seagoing 
vessel driven by main propulsion machinery 750 kW [1,000 hp] propulsion 
power or more, an applicant shall prove seagoing service that includes 
training and experience associated with engine-room watchkeeping and 
involves the performance of duties carried out under the direct 
supervision of a qualified engineer officer or a member of a qualified 
rating. The training must establish that the applicant has achieved the 
standard of competence prescribed in table A-III/4 of the STCW Code 
(incorporated by reference in Sec. 12.01-3), in accordance with the 
methods of demonstrating competence and the criteria for evaluating 
competence specified in that table.

[CGD 80-131, 45 FR 69241, Oct. 20, 1980, as amended by CGD 95-072, 60 FR 
50460, Sept. 29, 1995; CGD 95-062, 62 FR 34538, June 26, 1997; CGD 95-
062, 62 FR 40140, July 25, 1997; USCG-1998-4442, 63 FR 52189, Sept. 30, 
1998; USCG-1999-5610, 67 FR 66069, Oct. 30, 2002]



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         X            X             X         X          X          X         X
 use of hand tools and measuring
 instruments....................
2. Uses of babbitt, copper,              X            X             X         X          X          X         X
 brass, steel, and other metals.
3. Methods of measuring pipe,            X            X             X         X          X          X         X
 pipe fittings, sheet metal,
 machine bolts and nuts,
 packing, etc...................
4. Operation and maintenance of          X   .............          X         X          X          X         X
 mechanical remote control
 equipment......................
5. Precautions to be taken for           X            X             X         X          X          X         X
 the prevention of fire and the
 proper use of firefighting
 equipment......................
6. Principles of mechanical       .........           X     ...........       X  ...........        X   ........
 refrigeration; and functions,
 operation, and maintenance of
 various machines and parts of
 the systems....................
7. Knowledge of piping systems    .........           X     ...........  ......  ...........        X   ........
 as used in ammonia, freon, and
 CO2, including testing for
 leaks, operation of bypasses,
 and making up of joints........

[[Page 222]]

 
8. Safety precautions to be              X            X             X         X          X          X         X
 observed in the operation of
 various refrigerating systems,
 including storage of
 refrigerants, and the use of
 gas masks and firefighting
 equipment......................
9. Combustion of fuels, proper    .........  .............          X         X  ...........        X   ........
 temperature, pressures, and
 atomization....................
10. Operation of the fuel oil     .........  .............          X         X  ...........        X         X
 system on oil burning boilers,
 including the transfer and
 storage of fuel oil............
11. Hazards involved and the             X            X             X         X          X          X   ........
 precautions taken against
 accumulation of oil in
 furnaces, bilges, floorplates,
 and tank tops; flarebacks,
 leaks in fuel oil heaters,
 clogged strainers and burner
 tips...........................
12. Precautions necessary when    .........  .............          X         X  ...........        X   ........
 filling empty boilers, starting
 up the fuel oil burning system,
 and raising steam from a cold
 boiler.........................
13. The function, operation, and         X            X             X         X          X          X   ........
 maintenance of the various
 engineroom auxiliaries.........
14. Proper operation of the              X            X             X         X          X          X         X
 various types of lubricating
 systems........................
15. Safety precautions to be             X            X             X         X          X          X         X
 observed in connection with the
 operation of engineroom
 auxiliaries, electrical
 machinery, and switchboard
 equipment......................
16. The function, operation, and         X            X             X         X  ...........        X         X
 maintenance of the bilge,
 ballast, fire, freshwater,
 sanitary, and lubricating
 systems........................
17. Proper care of spare machine         X            X             X         X          X          X         X
 parts and idle equipment.......
18. The procedure in preparing a  .........  .............          X         X  ...........        X   ........
 turbine, reciprocating, or
 Diesel engine for standby; also
 the procedure in securing......
19. Operation and maintenance of  .........  .............          X         X  ...........        X   ........
 the equipment necessary for the
 supply of water to boilers, the
 dangers of high and low water
 and remedial action............
20. Operation, location, and             X   .............          X         X  ...........        X   ........
 maintenance of the various
 boiler fittings and accessories
21. The practical application     .........  .............  ...........  ......          X          X         X
 and solution of basic
 electrical calculations (Ohm's
 law, power formula, etc.)......
22. Electrical wiring circuits    .........  .............  ...........  ......          X          X         X
 of the various two-wire and
 three-wire D.C. systems and the
 various single-phase and
 polyphase A.C. systems.........
23. Application and               .........  .............  ...........  ......          X          X         X
 characteristics of parallel and
 series circuits................
24. Application and maintenance   .........  .............  ...........  ......          X          X         X
 of electrical meters and
 instruments....................
25. The maintenance and           .........  .............  ...........  ......          X          X         X
 installation of lighting and
 power wiring involving testing
 for, locating and correcting
 grounds, short circuits and
 open circuits, and making
 splices........................
26. The operation and             .........  .............  ...........  ......          X          X         X
 maintenance of the various
 types of generators and motors,
 both A.C. and D.C..............
27. Operation, installation, and  .........  .............  ...........  ......          X          X         X
 maintenance of the various
 types of electrical controls
 and safety devices.............
28. Testing and maintenance of    .........  .............  ...........  ......          X          X   ........
 special electrical equipment,
 such as telegraphs, telephones,
 alarm systems, fire-detecting
 systems, and rudder angle
 indicators.....................
29. Rules and Regulations and     .........  .............  ...........  ......          X          X         X
 requirements for installation,
 repair, and maintenance of
 electrical wiring and equipment
 installed aboard ships.........
29a. Pollution laws and                  X            X             X         X          X          X   ........
 regulations, procedures for
 discharge containment and
 cleanup, and methods for
 disposal of sludge and waste
 from cargo and fueling
 operations.....................
30. Such further examination of          X            X             X         X          X          X         X
 a nonmathematical character as
 the Officer in Charge, Marine
 Inspection, may consider
 necessary to establish the
 applicant's proficiency........
----------------------------------------------------------------------------------------------------------------

    (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

[[Page 223]]

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]



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 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) 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,
    (2) Documentary evidence from an operator of an automated vessel 
that he has completed satisfactorily at least 4 weeks indoctrination and 
training in the engine department of an automated steam vessel of 4,000 
horsepower or over; or,
    (3) Satisfactory completion of a course of training for deck engine 
mechanic acceptable to the Commanding Officer, 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; CGD 95-028, 62 FR 51196, Sept. 30, 1997; USCG-
1998-4442, 63 FR 52189, Sept. 30, 1998]



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) 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,
    (2) 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
    (3) Satisfactory completion of a course of training for engineman 
acceptable to the Commanding Officer, National Maritime Center.
    (b) The Officer in Charge, Marine Inspection, who is satisfied that 
an applicant for the rating of engineman meets

[[Page 224]]

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, 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; CGD 95-028, 62 FR 51196, Sept. 30, 1997; USCG-
1998-4442, 63 FR 52189, Sept. 30, 1998]



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.

    Every person employed in a rating other than able seaman or 
qualified member of the engine department of U.S. merchant vessels 
requiring such certificated persons shall produce a merchant mariner's 
document to the master, or person in charge if appropriate, before 
signing a shipping articles agreement.

[CGD 95-028, 62 FR 51196, Sept. 30, 1997]



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 department (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 endorsement (F.H.).

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by USCG-2002-13058, 
67 FR 61278, Sept. 30, 2002]



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.

[CGFR 65-50, 30 FR 16640, Dec. 30, 1965, as amended by USCG-2004-18884, 
69 FR 58343, Sept. 30, 2004]



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) 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

[[Page 225]]

the Commanding Officer, National Maritime Center, and who present a 
letter or other documentary evidence that they are so enrolled may be 
issued a merchant mariner's document as apprentice engineer and may be 
signed on ships as such. The endorsement apprentice engineer may be in 
addition to other endorsements. However, this endorsement of apprentice 
engineer does not authorize the holder to fill any of the regular 
ratings.
    (b) Persons holding merchant mariner's documents with the 
endorsement apprentice engineer shall be deemed to be seamen.

[CGFR 66-69, 31 FR 15669, Dec. 13, 1966, as amended by CGD 95-072, 60 FR 
50460, Sept. 29, 1995; CGD 95-028, 62 FR 51196, Sept. 30, 1997; USCG-
1998-4442, 63 FR 52189, Sept. 30, 1998]



Sec. 12.25-40  Apprentice mate.

    A person enrolled in an apprentice mate training program approved by 
the Commanding Officer, National Maritime Center who presents a letter 
or other documentary evidence that he is so enrolled may be issued a 
merchant mariner's document as apprentice mate and may be signed on 
ships as apprentice mate. The endorsement 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; USCG-1998-4442, 63 FR 52189, Sept. 30, 1998]



Sec. 12.25-45  GMDSS At-sea Maintainer.

    An applicant is eligible to have his or her STCW certificate or 
endorsement include a statement of qualification as GMDSS At-sea 
Maintainer if he or she holds sufficient evidence of having completed a 
training program that covers at least the scope and content of training 
outlined in Section B-IV/2 of the STCW Code (incorporated by reference 
in Sec. 12.01-3) for training in maintenance of GMDSS installations on 
board vessels.

[CGD 95-062, 62 FR 34538, June 26, 1997, as amended by USCG-1999-5610, 
67 FR 66069, Oct. 30, 2002]



                   Subpart 12.30_Ro-Ro Passenger Ships

    Source: CGD 95-062, 62 FR 34538, June 26, 1997, unless otherwise 
noted.



Sec. 12.30-1  Purpose of regulations.

    The purpose of the regulations in this subpart is to establish 
requirements for certification of seamen serving on roll-on/roll-off 
(Ro-Ro) passenger ships.

[CGD 95-062, 62 FR 34538, June 26, 1997, as amended by CGD 97-057, 62 FR 
51042, Sept. 30, 1997]



Sec. 12.30-3  Definitions.

    Roll-on/Roll-off (Ro-Ro) passenger ship means a passenger ship with 
Ro-Ro cargo spaces or special-category spaces as defined in the 
International Convention for the Safety of Life at Sea, 1974, as amended 
(SOLAS), to which ship a SOLAS Certificate is issued.
    MMD means merchant mariner's document.



Sec. 12.30-5  General requirements.

    To serve on a Ro-Ro passenger ship after January 31, 1997, a person 
holding an MMD and performing duties toward safety, cargo-handling, or 
care for passengers shall meet the appropriate requirements of STCW 
Regulation V/2 and of Section A-V/2 of the STCW Code (incorporated by 
reference in Sec. 12.01-3), and hold documentary evidence to show his 
or her meeting these requirements.

[CGD 95-062, 62 FR 34538, June 26, 1997, as amended by USCG-1999-5610, 
67 FR 66069, Oct. 30, 2002]



   Subpart 12.35_Crewmembers on a Passenger Ship, Other Than a Ro-Ro 
             Passenger Ship, When on an International Voyage

    Source: USCG-1999-5610, 67 FR 66069, Oct. 30, 2002, unless otherwise 
noted.



Sec. 12.35-1  Purpose of rules.

    The rules in this subpart establish requirements for the 
certification of seamen serving on passenger ships as defined in Sec. 
12.35-3.

[[Page 226]]



Sec. 12.35-3  Definition.

    Passenger ship in this subpart means a ship, other than a Ro-Ro 
passenger ship, carrying more than 12 passengers when on an 
international voyage.



Sec. 12.35-5  General requirements.

    If you are an unlicensed person, then, before you may serve on a 
passenger ship and perform duties that involve safety or care for 
passengers, you must--
    (a) Meet the appropriate requirements of the STCW Regulation V/3 and 
of section A-V/3 of the STCW Code (incorporated by reference in Sec. 
12.01-3); and
    (b) Hold documentary evidence to show that you do meet these 
requirements through approved or accepted training.



  Subpart 12.40_Non-resident Alien Unlicensed Members of the Steward's 
             Department on U.S.-Flag Large Passenger Vessels

    Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110, 7301, 7302, 
7503, 7505, 7701 and 8103; Department of Homeland Security Delegation 
No. 0170.1.

    Source: USCG-2007-27761, 72 FR 20284, Apr. 24, 2007, unless 
otherwise noted.



Sec. 12.40-1  Purpose of rules.

    The rules in this subpart implement 46 U.S.C. 8103(k) by 
establishing requirements for the issuance of merchant mariner's 
documents, valid only for service in the steward's department of U.S.-
flag large passenger vessels, to non-resident aliens.



Sec. 12.40-3  Definitions.

    As used in this subpart:
    Large passenger vessel means a vessel of more than 70,000 gross 
tons, as measured under 46 U.S.C. 14302 and documented under the laws of 
the United States, with capacity for at least 2,000 passengers and a 
coastwise endorsement under 46 U.S.C. chapter 121.
    Non-resident alien means an individual who is not a citizen or alien 
lawfully admitted to the United States for permanent residence, but who 
is employable in the United States under the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.), including an alien crewman described in 
section 101(a)(15)(D)(i) of that Act who meets the requirements of 46 
U.S.C. 8103(k)(3)(A).
    Steward's department means the department that includes 
entertainment personnel and all service personnel, including wait staff, 
housekeeping staff, and galley workers, as defined in the vessel 
security plan approved by the Secretary under 46 U.S.C. 70103(c). These 
personnel may also be referred to as members of the hotel department on 
a large passenger vessel.



Sec. 12.40-5  General application requirements.

    (a) Unless otherwise expressly specified in this subpart, non-
resident alien applicants for Coast Guard-issued merchant mariner's 
documents are subject to all applicable requirements contained in this 
subchapter.
    (b) No application from a non-resident alien for a merchant 
mariner's document issued pursuant to this subpart will be accepted 
unless the applicant's employer satisfies all of the requirements of 
Sec. 12.40-7.



Sec. 12.40-7  Employer requirements.

    (a) The employer must submit the following to the Coast Guard, as a 
part of the applicant's merchant mariner's document application, on 
behalf of the applicant:
    (1) A signed report that contains all material disciplinary actions 
related to the applicant, such as, but not limited to, violence or 
assault, theft, drug and alcohol policy violations, and sexual 
harassment, along with an explanation of the criteria used by the 
employer to determine the materiality of those actions;
    (2) A signed report regarding an employer-conducted background 
check. The report must contain:
    (i) A statement that the applicant has successfully undergone an 
employer-conducted background check;
    (ii) A description of the employer-conducted background check, 
including all databases and records searched. The background check must, 
at a minimum, show that the employer has reviewed all information 
reasonably and

[[Page 227]]

legally available to the owner or managing operator, including the 
review of available court and police records in the applicant's country 
of citizenship, and any other country in which the applicant has 
received employment referrals, or resided, for the past 20 years prior 
to the date of application; and,
    (iii) All information derived from the employer-conducted background 
check.
    (3) The employer-conducted background check must be conducted to the 
satisfaction of the Coast Guard for a merchant mariner's document to be 
issued to the applicant.
    (b) If a merchant mariner's document is issued to the applicant, the 
report and information required in paragraph (a)(2) of this section must 
be securely kept by the employer on the U.S.-flag large passenger 
vessel, or U.S.-flag large passenger vessels, on which the applicant is 
employed. The report and information must remain on the last U.S.-flag 
large passenger vessel on which the applicant was employed until such 
time as the merchant mariner's document is returned to the Coast Guard 
in accordance with paragraph (d) of this section.
    (c) If a merchant mariner's document or a transportation worker 
identification credential (TWIC) is issued to the applicant, each 
merchant mariner's document and TWIC must be securely kept by the 
employer on the U.S.-flag large passenger vessel on which the applicant 
is employed. The employer must maintain a detailed record of the 
seaman's total service on all authorized U.S.-flag large passenger 
vessels, and must make that information available to the Coast Guard 
upon request, to demonstrate that the limitations of Sec. 12.40-13(c) 
have not been exceeded.
    (d) In the event that the seaman's merchant mariner's document and/
or TWIC expires, the seaman's visa status terminates, the seaman serves 
onboard the U.S.-flag large passenger vessel(s) for 36 months in the 
aggregate as a nonimmigrant crewman, the employer terminates employment 
of the seaman or if the seaman otherwise ceases working with the 
employer, the employer must return the merchant mariner's document to 
the Coast Guard and/or the TWIC to the Transportation Security 
Administration within 10 days of the event.
    (e) In addition to the initial material disciplinary actions report 
and the initial employer-conducted background check specified in 
paragraph (a) of this section, the employer must:
    (1) Submit an annual material disciplinary actions report to update 
whether there have been any material disciplinary actions related to the 
applicant since the last material disciplinary actions report was 
submitted to the Coast Guard.
    (i) The annual material disciplinary actions report must be 
submitted to the satisfaction of the Coast Guard in accordance with the 
same criteria set forth in paragraph (a)(1) of this section, except that 
the period of time examined for the material disciplinary actions report 
need only extend back to the date of the last material disciplinary 
actions report; and
    (ii) The annual material disciplinary actions report must be 
submitted to the Coast Guard on or before the anniversary of the 
issuance date of the merchant mariner's document.
    (2) Conduct a background check each year that the merchant mariner's 
document is valid to search for any changes that might have occurred 
since the last employer-conducted background check was performed:
    (i) The annual background check must be conducted to the 
satisfaction of the Coast Guard in accordance with the same criteria set 
forth in paragraph (a)(2) of this section, except that the period of 
time examined during the annual background check need only extend back 
to the date of the last background check; and
    (ii) All information derived from the annual background check must 
be submitted to the Coast Guard on or before the anniversary of the 
issuance date of the merchant mariner's document.
    (f) The employer is subject to the civil penalty provisions 
specified in 46 U.S.C. 8103(f) for any violation of this section.



Sec. 12.40-9  Basis for denial.

    In addition to the requirements for a merchant mariner's document 
established elsewhere in this subchapter, and the basis for denial 
established in

[[Page 228]]

Sec. 12.02-4 of this part, an applicant for a merchant mariner's 
document issued pursuant to this subpart must:
    (a) Have been employed, for a period of at least one year, on a 
foreign-flag passenger vessel, or foreign flag passenger vessels, that 
are under the same common ownership or control as the U.S.-flag large 
passenger vessel, or U.S.-flag large passenger vessels, on which the 
applicant will be employed upon issuance of a merchant mariner's 
document under this subpart.
    (b) Have no record of material disciplinary actions during the 
employment required under paragraph (a) of this section, as verified in 
writing by the owner or managing operator of the U.S.-flag large 
passenger vessel, or U.S.-flag large passenger vessels, on which the 
applicant will be employed.
    (c) Have successfully completed an employer-conducted background 
check, to the satisfaction of both the employer and the Coast Guard.
    (d) Meet the citizenship and identity requirements of Sec. 12.40-
11.



Sec. 12.40-11  Citizenship and identity.

    (a) In lieu of the requirements of Sec. Sec. 12.02-10, 12.02-12 and 
12.02-14 of this part, a non-resident alien may apply for a Coast Guard-
issued merchant mariner's document, endorsed and valid only for service 
in the steward's department of a U.S.-flag large passenger vessel as 
defined in this subpart, if he or she is employable in the United States 
under the Immigration and Nationality Act (8 U.S.C. 1101, et seq.), 
including an alien crewman described in section 101 (a)(15)(D)(i) of 
that Act.
    (b) To meet the citizenship and identity requirements of this 
subpart, an applicant must present an unexpired passport issued by the 
government of the country of which the applicant is a citizen or 
subject; and either a valid U.S. C-1/D Crewman Visa or other valid U.S. 
visa or authority deemed acceptable by the Coast Guard.
    (c) Any non-resident alien applying for a merchant mariner's 
document under this subpart may not be a citizen of, or a temporary or 
permanent resident of, a country designated by the Department of State 
as a ``State Sponsor of Terrorism'' pursuant to section 6(j) of the 
Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section 
620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371).



Sec. 12.40-13  Restrictions.

    (a) A merchant mariner's document issued to a non-resident alien 
under this subpart authorizes service only in the steward's department 
of the U.S.-flag large passenger vessel(s), that is/are under the same 
common ownership and control as the foreign-flag passenger vessel(s), on 
which the non-resident alien served to meet the requirements of Sec. 
12.40-9(a):
    (1) The merchant mariner's document will be endorsed for service in 
the steward's department in accordance with Sec. 12.25-10 of this part;
    (2) The merchant mariner's document may also be endorsed for service 
as a food handler if the applicant meets the requirements of Sec. 
12.25-20 of this part; and
    (3) No other rating or endorsement is authorized, except 
lifeboatman, in which case all applicable requirements of this 
subchapter and the STCW Convention and STCW Code must be met.
    (b) The following restrictions must be printed on the merchant 
mariner's document, or listed in an accompanying Coast Guard letter, or 
both:
    (1) The name and official number of all U.S.-flag vessels on which 
the non-resident alien may serve. Service is not authorized on any other 
U.S.-flag vessel;
    (2) Upon issuance, the merchant mariner's document must remain in 
the custody of the employer at all times;
    (3) Upon termination of employment, the merchant mariner's document 
must be returned to the Coast Guard within 10-days in accordance with 
Sec. 12.40-7;
    (4) A non-resident alien issued a merchant mariner's document under 
this subpart may not perform watchstanding, engine room duty watch, or 
vessel navigation functions; and,
    (5) A non-resident alien issued a merchant mariner's document under 
this subpart may perform emergency-related duties provided:

[[Page 229]]

    (i) The emergency-related duties do not require any other rating or 
endorsement, except lifeboatman as specified in paragraph (a)(3) of this 
section;
    (ii) The non-resident alien has completed familiarization and basic 
safety training, as required in Sec. 15.1105 of this subchapter;
    (iii) That if the non-resident alien serves as a lifeboatman, he or 
she must have the necessary lifeboatman's endorsement; and
    (iv) The non-resident alien has completed the training for 
crewmembers on passenger ships performing duties involving safety or 
care for passengers, as required in subpart 12.35 of this part.
    (c) A non-resident alien may only serve for an aggregate period of 
36 months actual service on all authorized U.S.-flag large passenger 
vessels combined under the provisions of this subpart:
    (1) Once this 36-month limitation is reached, the merchant mariner's 
document becomes invalid and must be returned to the Coast Guard under 
Sec. 12.40-7(d), and the non-resident alien is no longer authorized 
serve in a position requiring a merchant mariner's document on any U.S.-
flag large passenger vessel; and
    (2) An individual who successfully adjusts his or her immigration 
status to become either a alien lawfully admitted for permanent 
residence to the United States or citizen of the United States may apply 
for a merchant mariner's document, subject to the requirements of 
Sec. Sec. 12.02-10, 12.02-12 and 12.02-14 of this part, without any 
restrictions or limitations imposed by this subpart.



Sec. 12.40-15  Alternative means of compliance.

    (a) The owner or managing operator of a U.S.-flag large passenger 
vessel, or U.S.-flag large passenger vessels, seeking to employ non-
resident aliens issued merchant mariner's documents under this subpart 
may submit a plan to the Coast Guard, which, if approved, will serve as 
an alternative means of complying with the requirements of this subpart.
    (b) The plan must address all of the elements contained in this 
subpart, as well as the related elements contained in Sec. 15.530 of 
this subchapter, to the satisfaction of the Coast Guard.



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 [Reserved]
13.115 [Reserved]
13.117 [Reserved]
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: 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: Experience.
13.205 Proof of service for ``Tankerman-PIC'' endorsement.
13.207 Eligibility: Firefighting course.
13.209 Eligibility: Cargo course.

    Subpart C_Requirements for ``Tankerman-PIC (Barge)'' Endorsement

13.301 Original application for ``Tankerman-PIC (Barge)'' endorsement.
13.303 Eligibility: Experience.
13.305 Proof of service for ``Tankerman-PIC (Barge)'' endorsement.
13.307 Eligibility: Firefighting course.
13.309 Eligibility: Cargo course.

     Subpart D_Requirements for ``Tankerman-Assistant'' Endorsement

13.401 Original application for ``Tankerman-Assistant'' endorsement.
13.403 Eligibility: Experience.
13.405 Proof of service for ``Tankerman-Assistant'' endorsement.
13.407 Eligibility: Firefighting course.
13.409 Eligibility: Cargo course.

      Subpart E_Requirements for ``Tankerman-Engineer'' Endorsement

13.501 Original application for ``Tankerman-Engineer'' endorsement.

[[Page 230]]

13.503 Eligibility: Experience.
13.505 Proof of service for ``Tankerman-Engineer'' endorsement.
13.507 Eligibility: Firefighting course.
13.509 Eligibility: Cargo course.

    Authority: 46 U.S.C. 3703, 7317, 8105, 8703, 9102; Department of 
Homeland Security Delegation No. 0170.1.

    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:
    Approved training means training that is approved by the Coast Guard 
or meets the requirements of Sec. 10.309 of this chapter.
    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.
    Directly supervised means being in the direct line of sight of the 
person in charge, or maintaining direct, two-way communications by a 
convenient, reliable means, such as a predetermined working frequency 
over a hand-held radio.
    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, except a liquid cargo carried in a 
portable tank actually loaded and discharged from a vessel with the 
contents intact.
    Marine chemist means a person certificated by the National Fire 
Protection Association.
    MMD means a merchant mariner's document issued by the Coast Guard.
    Officer in Charge, Marine Inspection (OCMI) for the purposes of part 
13 means the officer or individual so designated at one of the Regional 
Examination Centers, or any person so designated by the Commandant.
    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.
    Regional examination center (REC) means an office of an OCMI that 
performs licensing and certification.
    Restricted Tankerman endorsement means a valid tankerman endorsement 
on an MMD restricting its holder as the OCMI deems appropriate--for 
instance, to one or a combination of the following: A specific cargo or 
cargoes; a specific vessel or vessels; a specific facility or 
facilities; a specific employer or employers; a specific activity or 
activities (such as loading or unloading in a cargo transfer); or a 
particular area of water.
    Self-propelled tank vessel means a self-propelled tank vessel other 
than a tankship.
    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.
    Tankship means a self-propelled tank vessel constructed or adapted 
primarily to carry oil or hazardous material in bulk in the cargo 
spaces.
    Tank vessel means a vessel that is constructed or adapted to carry, 
or

[[Page 231]]

that carries, oil or hazardous material in bulk as cargo or cargo 
residue, and that--
    (a) Is a vessel of the United States;
    (b) Operates on the navigable waters of the United States; or
    (c) Transfers oil or hazardous material in a port or place subject 
to the jurisdiction of the United States.
    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 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.

[CGD 79-116, 60 FR 17142, Apr. 4, 1995, as amended by CGD 79-116, 62 FR 
25127, May 8, 1997; USCG-2006-25535, 71 FR 48483, Aug. 21, 2006]



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 1625-0040--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 1625-0028--46 CFR 13.121, 13.207, 13.209, 13.307, 13.309, 
13.407, 13.409, 13.507, 13.509.

[CGD 79-116, 60 FR 17142, Apr. 4, 1995, as amended by USCG-2004-18884, 
69 FR 58343, Sept. 30, 2004]



Sec. 13.107  Tankerman endorsement: General.

    (a) If an applicant meets the requirements of subpart B of this 
part, the OCMI at an REC may endorse his or her MMD as ``Tankerman-PIC'' 
with the appropriate cargo classification or classifications. A person 
holding this endorsement and meeting the other requirements of 33 CFR 
155.710(a) may act as a PIC of a transfer of fuel oil, of a transfer of 
liquid cargo in bulk, or of cargo-tank cleaning on any tank vessel. That 
person may also act as a Tankerman-Engineer, provided that he or she 
also holds an engineer's license.
    (b) If an applicant meets the requirements of subpart C of this 
part, the OCMI at an REC may endorse his or her MMD as ``Tankerman-PIC 
(Barge)'' with the appropriate cargo classification or classifications. 
A person holding this endorsement and meeting the other requirements of 
33 CFR 155.710(b) may act as a PIC of a transfer of liquid cargo in bulk 
only on a tank barge.
    (c) If an applicant meets the requirements of subpart D of this 
part, the OCMI at an REC may endorse his or her MMD as ``Tankerman-
Assistant'' with the appropriate cargo classification or 
classifications. No person holding this endorsement may act as a PIC of 
any transfer of fuel oil, of any transfer of liquid cargo in bulk, or of 
cargo-tank cleaning unless he or she also holds an endorsement 
authorizing service as PIC. He or she may, however, without being 
directly supervised by the PIC, perform duties relative to cargo and 
cargo-handling equipment assigned by the PIC of transfers of fuel oil, 
of transfers of liquid cargo in bulk, or of cargo-tank cleaning. When 
performing these duties, he or she shall maintain continuous two-way 
voice communications with the PIC.
    (d) If an applicant meets the requirements of subpart E of this 
part, the OCMI at an REC may endorse his or her MMD as Tankerman-
Engineer. No person holding this endorsement may

[[Page 232]]

act as a PIC or ``Tankerman-Assistant'' of any transfer of fuel oil, of 
any transfer of liquid cargo in bulk, or of cargo-tank cleaning unless 
he or she also holds an endorsement authorizing such service. A person 
holding this endorsement and acting in this capacity has the primary 
responsibility, on his or her self-propelled tank vessel carrying DL or 
LG, for maintaining both the cargo systems and equipment for transfer of 
liquids in bulk and the bunkering systems and equipment. No person 
licensed under part 10 of this chapter may serve as a chief engineer, 
first assistant engineer, or cargo engineer aboard an inspected self-
propelled tank vessel when liquid cargo in bulk or cargo residue is 
carried unless he or she holds this endorsement or equivalent.
    (e) If an applicant meets the requirements of Sec. 13.111, the OCMI 
at an REC may place on his or her MMD an endorsement as a ``Tankerman-
PIC'' restricted according to the definitions of ``restricted Tankerman 
endorsement'' in Sec. 13.103.
    (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.
    (g) This section does not apply to any person solely by reason of 
his or her involvement in bunkering or fueling.

[CGD 79-116, 60 FR 17142, Apr. 4, 1995, as amended by CGD 79-116, 62 FR 
25127, May 8, 1997]



Sec. 13.109  Tankerman endorsement: Authorized cargoes.

    (a) Each tankerman endorsement described in Sec. 13.107 will 
expressly limit the holder's service under it to transfers involving one 
or both of the following cargo classifications:
    (1) Dangerous liquid (DL).
    (2) Liquefied gas (LG).
    (b) No tankerman endorsement is necessary to transfer the liquid 
cargoes in bulk listed in Table 2 of Part 153 of this chapter when those 
cargoes are carried on barges not certified for ocean service.
    (c) A tankerman having qualified in one cargo classification and 
wishing to qualify in another shall apply at an REC listed in 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, specific vessels 
or groups of vessels (such as uninspected towing vessels and Oil Spill 
Response Vessels), specific facilities, specific employers, or otherwise 
as the OCMI deems appropriate. The OCMI will evaluate each application 
and may modify the applicable requirements for the endorsement, allowing 
for special circumstances and for whichever restrictions the endorsement 
will state.
    (b) To qualify for a restricted ``Tankerman-PIC'' endorsement, an 
applicant shall meet Sec. Sec. 13.201, excluding paragraph (f); 13.203; 
and 13.205.
    (1) Twenty-five percent of the service described in Sec. 13.203(a) 
must have occurred within the past five years.
    (2) Two of the transfers described in Sec. 13.203(b) must have 
occurred within the past five years.
    (c) To qualify for a restricted ``Tankerman-PIC (Barge)'' 
endorsement, an applicant shall meet Sec. Sec. 13.301, excluding 
paragraph (f); and 13.305.
    (1) Twenty-five percent of the service described in Sec. 13.303(a) 
must have occurred within the past five years.
    (2) Two of the transfers described in Sec. 13.303(b) must have 
occurred within the past five years.
    (d) To qualify for a restricted ``Tankerman-PIC (Barge)'' 
endorsement restricted to a tank-cleaning and gas-freeing facility, an 
applicant shall--
    (1) Be at least 18 years old;
    (2) Apply on a Coast Guard form;
    (3) Present evidence of passing a physical examination in accordance 
with 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

[[Page 233]]

    (5) Be capable of speaking and understanding, in English, all 
instructions needed to commence, conduct, and complete a transfer of 
cargo, and of reading the English found in the Declaration of 
Inspection, vessel response plans, and Cargo Information Cards.
    (e) The restricted ``Tankerman-PIC (Barge)'' endorsement restricted 
to a tank-cleaning and gas-freeing facility is valid only while the 
applicant is employed by the operator of the facility that provided the 
letter of service required by paragraph (d)(4) of this section, and this 
and any other appropriate restrictions will appear in the endorsement.
    (f) Because the International Convention on Standards of Training, 
Certification and Watchkeeping for Seafarers, 1978 (STCW), does not 
recognize restricted Tankerman-PIC endorsements, persons may act under 
these only aboard vessels conducting business inside the Boundary Line.

[CGD 79-116, 60 FR 17142, Apr. 4, 1995, as amended by CGD 79-116, 62 FR 
25128, May 8, 1997]



Sec. 13.113  [Reserved]



Sec. 13.115  [Reserved]



Sec. 13.117  [Reserved]



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 prove either participation in at least two transfers within the last 
5 years in accordance with Sec. 13.127(b) or completion of an approved 
course as described in Sec. 10.304.

[CGD 79-116, 62 FR 25130, May 8, 1997]



Sec. 13.121  Courses for training tankerman.

    (a) This section prescribes the requirements, beyond those in 
Sec. Sec. 10.203 and 10.303 of this chapter, applicable to schools 
offering courses required for a tankerman endorsement and courses that 
are a substitute for experience with transfers of liquid cargo in bulk 
required for the endorsement.
    (b) Upon satisfactory completion of an approved course, each student 
shall receive a certificate, signed by the head of the school offering 
the course or by a designated representative, indicating the title of 
the course, the duration, and, if appropriate, credit allowed towards 
meeting the transfer requirements of this part.
    (c) A course that uses simulated transfers to train students in 
loading and discharging tank vessels may replace up to 2 loadings and 2 
discharges, 1 commencement and 1 completion of loading, and 1 
commencement and 1 completion of discharge required for a Tankerman-PIC 
or Tankerman-PIC (Barge) endorsement. The request for approval of the 
course must specify those segments of a transfer that the course will 
simulate. The letter from the Coast Guard approving the course will 
state the number and kind of segments that the course will replace.
    (d) The course in liquid cargo required for an endorsement as--
    (1) ``Tankerman-PIC DL'' is Tankship: Dangerous Liquids;
    (2) ``Tankerman-PIC (Barge) DL'' is Tank Barge: Dangerous Liquids;
    (3) ``Tankerman-PIC LG'' is Tankship: Liquefied Gases;
    (4) ``Tankerman-PIC (Barge) LG'' is Tank Barge: Liquefied Gases;
    (5) ``Tankerman-Assistant DL'' is Familiarization with DL Tankship; 
and
    (6) ``Tankerman-Assistant LG'' is Familiarization with LG Tankship.
    (e) The course in firefighting required for an endorsement as--
    (1) ``Tankerman-PIC (Barge)'' is Tank Barge: Firefighting; and
    (2) ``Tankerman-PIC'', ``Tankerman-Assistant'', and ``Tankerman-
Engineer'' is a firefighting course that meets the basic firefighting 
section of the IMO's Resolution A.437 (XI), ``Training of Crews in Fire 
Fighting''.
    (f) No school may issue a certificate unless the student has 
successfully completed an approved course with the appropriate 
curriculum outlined in Table 13.121(f) or Sec. 13.121(h).
    (g) An organization with a course in DL or LG or a course in tank-
barge firefighting taught before March 31, 1996, that substantially 
covered the

[[Page 234]]

material required by Table 13.121(f) for liquid cargoes, Table 13.121(g) 
for firefighting, or Sec. 13.121(h) for familiarization with tankships, 
may seek approval under Sec. 10.302 of this chapter from the Coast 
Guard for any course taught up to ten years before March 31, 1996.
    (h) The Coast Guard will evaluate the curricula of courses for 
Familiarization with DL and LG Tankships to ensure adequate coverage of 
the required subjects. Training may employ classroom instruction, 
demonstrations, or simulated or actual operations.
    (1) The curricula of courses for Familiarization with DL Tankships 
must consist of the following:
    (i) General characteristics, compatibility, reaction, firefighting, 
and safety precautions for bulk liquid cargoes defined as DL in this 
part.
    (ii) Terminology of tankships carrying oil and other chemicals.
    (iii) General arrangement and construction of cargo tanks, vapor 
control, and venting.
    (iv) Cargo-piping systems and valves.
    (v) General operation of cargo pumps.
    (vi) General discussion of the following operations connected with 
the loading and discharging of cargo:
    (A) Pre-transfer inspection and conference and Declaration of 
Inspection.
    (B) Lining up of the cargo and vapor-control systems and starting of 
liquid flow.
    (C) Connecting and disconnecting of cargo hoses and loading arms.
    (D) Loading.
    (E) Ballasting and de-ballasting.
    (F) Discharging.
    (G) Tank-gauging (open and closed).
    (vii) Rules of the Coast Guard governing operations in general and 
prevention of pollution in particular.
    (viii) Prevention and control of pollution.
    (ix) Emergency procedures.
    (x) Safety precautions relative to:
    (A) Entering cargo tanks and pump room.
    (B) Dangers of contact with skin.
    (C) Inhalation of vapors.
    (D) Protective clothing and equipment.
    (E) Hot work.
    (F) Precautions respecting electrical hazards, including hazards of 
static electricity.
    (xi) General principles and procedures of Crude-Oil Washing (COW) 
Systems and inert-gas systems.
    (xii) Tank-cleaning procedures and precautions.
    (xiii) Principles and procedures of vapor-control systems.
    (xiv) Cargo-hazard-information systems.
    (2) To ensure adequate coverage of the required subjects, training 
may employ classroom instruction, demonstrations, or simulated or actual 
operations. The curricula of courses for Familiarization with LG 
Tankships must consist of the following:
    (i) General characteristics, compatibility, reaction, firefighting, 
and safety precautions for cargoes defined as LG in this part.
    (ii) Terminology of tankships carrying LG.
    (iii) Physical properties of LG.
    (iv) Potential hazards and safety precautions of LG:
    (A) Combustion characteristics.
    (B) Hot work.
    (C) Results of release of LG to the atmosphere.
    (D) Health hazards (skin contact, inhalation, and ingestion).
    (E) Protective clothing and equipment.
    (F) Tank-entry procedures and precautions.
    (G) Thermal stresses.
    (H) Precautions respecting electrical hazards, including hazards of 
static electricity.
    (v) Cargo-containment systems.
    (vi) General arrangement and construction of cargo tanks.
    (vii) Cargo-piping systems and valves.
    (viii) Instrumentation:
    (A) Cargo-level indicators.
    (B) Gas-detecting systems.
    (C) Systems for monitoring temperatures of hulls and cargoes.
    (D) Automatic shut-down systems.
    (ix) Heating systems for cofferdams and ballast tanks.
    (x) General discussion of the following operations connected with 
the loading and discharging of cargo:
    (A) Pre-transfer inspection and conference and Declaration of 
Inspection.

[[Page 235]]

    (B) Lining up of the cargo and vapor-control systems and starting of 
liquid flow.
    (C) Connecting and disconnecting of cargo hoses and loading arms.
    (D) Loading.
    (E) Ballasting and de-ballasting.
    (F) Discharging.
    (xi) Disposal of boil-off.
    (xii) Emergency procedures.
    (xiii) Rules of the Coast Guard governing operations in general and 
prevention of pollution in particular.
    (xiv) Principles and procedures of IGSs.
    (xv) Tank-cleaning procedures and precautions.
    (xvi) Principles and procedures of vapor-control systems.
    (xvii) Cargo-hazard-information systems.
    (i) A company that offers approved DL training for its employees 
shall ensure discussion of the following topics (further discussed in 
STCW Regulation V, Section A-V/1, paragraphs 9 through 21):
    (1) Treaties and rules.
    (2) Design and equipment.
    (3) Cargo characteristics.
    (4) Ship operations.
    (5) Repair and maintenance.
    (6) Emergency procedures.
    (j) A company that offers approved LG training for its employees 
shall ensure discussion of the following topics (further discussed in 
STCW Regulation V, Section A-V/1, paragraphs 22 through 34):
    (1) Treaties and rules.
    (2) Chemistry and physics.
    (3) Health hazards.
    (4) Cargo containment.
    (5) Pollution.
    (6) Cargo-handling systems.
    (7) Ship operations.
    (8) Safety practices and equipment.
    (9) Emergency procedures.
    (10) General principles of cargo operations.

                                                 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 Dangerous Liquids in 46 CFR Part 13.............       x        x
    Bulk liquefied gases & their vapors defined as Liquefied Gases in 46 CFR                         x        x
     Part 13................................................................
Physical phenomena of liquefied gas, including:
    Basic concept...........................................................                         x        x
    Compression and expansion...............................................                         x        x
    Mechanism of heat transfer..............................................                         x        x
Potential hazards of liquefied gas, including:
    Chemical and physical properties........................................                         x        x
    Combustion characteristics..............................................                         x        x
    Results of gas release to the atmosphere................................                         x        x
    Health hazards (skin contact, inhalation, and ingestion)................                         x        x
    Control of flammability range with inert gas............................                         x        x
    Thermal stress in structure and piping of vessel........................                         x        x
Cargo systems, including:
    Principles of containment systems.......................................       x        x        x        x
    Construction, materials, coating, & insulation of cargo tanks...........                         x        x
    General arrangement of cargo tanks......................................       x        x        x        x
    Venting and vapor-control systems.......................................       x        x        x        x
Cargo-handling systems, including:
    Piping systems, valves, pumps, and expansion systems....................       x        x        x        x
    Operating characteristics...............................................       x        x        x        x
Instrumentation systems, including:
    Cargo-level indicators..................................................       x        x        x        x
    Gas-detecting systems...................................................       x                 x        x
    Temperature-monitoring systems, cargo...................................       x                 x        x
    Temperature-monitoring systems, hull....................................                         x        x
    Automatic-shutdown systems..............................................       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 & ballast tanks.............................                         x        x

[[Page 236]]

 
Operations connected with the loading and discharging of cargo, including:
    Lining up the cargo and vapor-control systems...........................       x        x        x        x
    Pre-transfer inspections and completion of the Declaration of Inspection       x        x        x        x
    Hooking up of cargo hose, loading arms, and grounding-strap.............       x        x        x        x
    Starting of liquid flow.................................................       x        x        x        x
    Calculation of loading rates............................................       x                 x
    Discussion of loading...................................................       x        x        x        x
    Ballasting and deballasting.............................................       x        x        x        x
    Topping off of the cargo tanks..........................................       x        x        x        x
    Discussion of discharging...............................................       x        x        x        x
    Stripping of the cargo tanks............................................       x        x
    Monitoring of transfers.................................................       x        x        x        x
    Gauging of cargo tanks..................................................       x        x        x        x
    Disconnecting of cargo hoses or loading arms............................       x        x        x        x
    Cargo-tank-cleaning procedures and precautions..........................       x        x
Operating procedures and sequence for:
    Inerting of cargo tanks and void spaces.................................       x        x        x        x
    Cooldown and warmup of cargo tanks......................................                         x        x
    Gas-freeing.............................................................       x        x        x        x
    Loaded or ballasted voyages.............................................       x                 x
    Testing of cargo-tank atmospheres for oxygen & cargo vapor..............       x        x        x        x
Stability and stress considerations connected with loading and discharging         x        x        x        x
 of cargo...................................................................
Loadline, draft, and trim...................................................       x        x        x        x
Disposal of boil-off, including:
    System design...........................................................                         x        x
    Safety features.........................................................                         x        x
Stability-letter requirements...............................................       x                 x
Emergency procedures, including notice to appropriate authorities, for:
    Fire....................................................................       x        x        x        x
    Collision...............................................................       x        x        x        x
    Grounding...............................................................       x        x        x        x
    Equipment failure.......................................................       x        x        x        x
    Leaks and spills........................................................       x        x        x
    Structural failure......................................................       x        x        x        x
    Emergency discharge of cargo............................................       x        x        x        x
    Entering cargo tanks....................................................       x        x        x        x
    Emergency shutdown of cargo-handling....................................       x        x        x        x
    Emergency systems for closing cargo tanks...............................       x        x
Rules & regulations (international and Federal, for all tank vessels) on           x        x        x        x
 conducting operations and preventing pollution.............................
Pollution prevention, including:
    Procedures to prevent air and water pollution...........................       x        x        x        x
    Measures to take in event of spillage...................................       x        x        x        x
    Danger from drift of vapor cloud........................................       x        x        x        x
Terminology for tankships carrying oil and chemicals........................       x
Terminology for tank barges carrying oil and chemicals......................                x
Terminology for tankships carrying liquefied gases..........................                         x
Terminology for tank barges carrying liquefied gases........................                                  x
Principles & procedures of crude-oil-washing (COW) systems, including:
    Purpose.................................................................       x
    Equipment and design....................................................       x
    Operations..............................................................       x
    Safety precautions......................................................       x
    Maintenance of plant and equipment......................................       x
Principles & procedures of the inert-gas systems (IGSs), including:
    Purpose.................................................................       x                 x
    Equipment and design....................................................       x                 x
    Operations..............................................................       x                 x
    Safety precautions......................................................       x                 x
    Maintenance of plant and equipment......................................       x                 x
Principles & procedures of vapor-control systems, including:
    Purpose.................................................................       x        x        x        x
    Principles..............................................................       x        x        x        x
    Coast Guard regulations.................................................       x        x        x        x
    Hazards.................................................................       x        x        x        x
    Active system components................................................       x        x        x        x
    Passive system components...............................................       x        x        x        x
Operating procedures, including:
    Testing and inspection requirements.....................................       x        x        x        x
    Pre-transfer procedures.................................................       x        x        x        x
    Connecting sequence.....................................................       x        x        x        x
    Start-up sequence.......................................................       x        x        x        x

[[Page 237]]

 
    Normal operations.......................................................       x        x        x        x
Emergency procedures........................................................       x        x        x        x
Cargo-hazard-information systems............................................       x        x        x        x
Safe entry into confined spaces, including:
    Testing tank atmospheres for oxygen & hydrocarbon vapors................       x        x
    Definition and hazards of confined spaces...............................       x        x        x        x
    Cargo tanks and pumprooms...............................................       x        x        x        x
    Evaluation and assessment of risks and hazards..........................       x        x        x        x
    Safety precautions and procedures.......................................       x        x        x        x
    Personnel protective equipment (PPE) and clothing.......................       x        x        x        x
    Maintenance of PPE......................................................       x        x        x        x
    Dangers of skin contact.................................................       x        x        x        x
    Inhalation of vapors....................................................       x        x
    Electricity and static electricity--hazards and precautions.............       x        x        x        x
    Emergency procedures....................................................       x        x        x        x
    Federal regulations, national standards & industry guidelines...........       x        x        x        x
    Inspections by marine chemists & competent persons, including hot-work         x        x        x        x
     permits & procedures...................................................
Vessel response plans:
    Purpose, content, and location of information...........................       x        x        x        x
    Procedures for notice and mitigation of spills..........................       x        x        x        x
    Geographic-specific appendices..........................................       x        x        x        x
    Vessel-specific appendices..............................................       x        x        x        x
    Emergency-action checklist..............................................       x        x        x        x
----------------------------------------------------------------------------------------------------------------
Column 1--Tankerman-PIC DL.
Column 2--Tankerman-PIC (Barge) DL.
Column 3--Tankerman-PIC LG.
Column 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        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
        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        X        X
     agents...........................................
    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        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        .......       X
         (CO2), foam..................................
        Halogenated hydrocarbons......................  .......       X
        Pressure-water spray system in special-         .......       X
         category spaces..............................
        Automatic sprinkler system....................  .......       X
        Emergency fire pump, emergency generator......  .......       X
        Chemical-powder applicants....................  .......       X
        General outline of required and mobile          .......       X
         apparatus....................................
        Fireman's outfit, personal equipment..........  .......       X
        Breathing apparatus...........................  .......       X
        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

[[Page 238]]

 
        Limitations of portable and semiportable             X        X
         extinguishers................................
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        .......       X
         duties.......................................
        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        X
        Jettisoning...................................  .......       X
        Inhibiting....................................  .......       X
        Cooling.......................................  .......       X
        Smothering....................................  .......       X
        Sizing up situation...........................       X   .......
        Locating information on cargo.................       X   .......
        Extinguishing.................................       X        X
        Extinguishing with portable units.............       X        X
        Setting reflash watch.........................       X        X
        Using additional personnel....................       X        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        X
        Manifold-flange fire..........................       X        X
        Drip-pan fire.................................       X        X
        Pump fire.....................................       X        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   .......       X
     SCBA.............................................
    Extinguish fire with water fog in an enclosed       .......       X
     space with heavy smoke...........................
    Extinguish oil fire with fog applicator and spray   .......       X
     nozzles, dry-chemical, or foam applicators.......
    Effect a rescue in a smoke-filled space while       .......       X
     wearing breathing apparatus......................
------------------------------------------------------------------------
(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''.


[CGD 79-116, 60 FR 17142, Apr. 4, 1995, as amended by CGD 79-116, 62 FR 
25130, 25131, 25133, May 8, 1997]



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.



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: General.

    (a) A service letter must be signed by the owner, operator, master, 
or chief engineer of the vessel and must specify--
    (1) The classification of cargo (DL, LG, or, for a restricted 
endorsement, a specific product) handled while the applicant accumulated 
the service;
    (2) The dates, the number and kinds of transfers the applicant has 
participated in, and the number of transfers that involved commencement 
or completion; and
    (3) That the applicant has demonstrated to the satisfaction of the 
signer that he or she is fully capable of supervising transfers of 
liquid cargo, including
    (i) Pre-transfer inspection;
    (ii) Pre-transfer conference and execution of the Declaration of 
Inspection;
    (iii) Connection of cargo hoses or loading-arms;
    (iv) Line-up of the cargo system for loading and discharge;

[[Page 239]]

    (v) Start of liquid flow during loading;
    (vi) Start of cargo pump and increase of pressure to normal 
discharge pressure;
    (vii) Calculation of loading-rates;
    (viii) Monitoring;
    (ix) Topping-off of cargo tanks during loading;
    (x) Stripping of cargo tanks;
    (xi) Ballasting and deballasting, if appropriate;
    (xii) Disconnection of the cargo hoses or loading-arms; and
    (xiii) Securing of cargo systems.
    (b) In determining the numbers and kinds of transfers that the 
applicant has participated in under paragraph (a)(2) of this section, 
the following rules apply:
    (1) A transfer must involve the loading or discharge from at least 
one of the vessel's cargo tanks to or from a shore facility or another 
vessel. A shift of cargo from one tank to another tank is not a transfer 
for this purpose.
    (2) Regardless of how long the transfer lasts beyond four hours, it 
counts as only one transfer.
    (3) A transfer must include both a commencement and a completion.
    (4) Regardless of how many tanks or products are being loaded or 
discharged at the same time, a person may receive credit for only one 
transfer, one loading, and one discharge a watch.
    (5) Credit for a transfer during a watch of less than four hours 
accrues only if the watch includes either the connection and the 
commencement of transfer or the completion of transfer and the 
disconnection.
    (6) Credit for a commencement of loading accrues only if the 
applicant participates in the pre-transfer inspection, the pre-transfer 
conference including execution of the Declaration of Inspection, the 
connection of cargo hoses or loading-arms, the line-up of the cargo 
system for the loading, the start of liquid flow, and the calculation of 
loading-rates, where applicable.
    (7) Credit for a commencement of discharge accrues only if the 
applicant participates in the pre-transfer inspection, the pre-transfer 
conference including execution of the Declaration of Inspection, the 
connection of cargo hoses or loading-arms, the line-up of the cargo 
system for the discharge, the start of the cargo pump or pumps and 
increase of pressure to normal pressure for discharge, and the 
monitoring of discharge rates.
    (8) Credit for a completion of transfer, whether loading or 
discharge, accrues only if the applicant participates in the topping-off 
at the loading port, or in the stripping of cargo tanks and the 
commencement of ballasting, if required by the vessel's transfer 
procedures, at the discharge port.
    (9) Personnel desiring credit for transfers during off-duty hours 
may satisfy requirements of competence through incremental training 
periods that include segments of transfers. The cumulative number of 
transfers must equal the minimum specified in Sec. 13.203(b) or 
13.303(b).

[CGD 79-116, 60 FR 17142, Apr. 4, 1995, as amended by CGD 79-116, 62 FR 
25133, May 8, 1997]

[[Page 240]]



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.

                                                                                          Table 13.129
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                               Certificate
                                                                                                         Recency  of        Proof of  of          from                               English
            Category                   Minimum  age          Physical  required         Service            service            service         firefighting      Cargo  course       language
                                                                                                                                              course 13.207
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Tankerman-PIC Subpart B........  18; 13.201(a)..........  Yes; 13.125............  13.203             13.123             13.205             13.207            13.209            13.201(g)
Tankerman-PIC (Barge) Subpart C  18; 13.301(a)..........  Yes; 13.125............  13.303             13.123             13.305             13.307            13.309            13.301(g)
Tankerman-Assistant Subpart D..  18; 13.401(a)..........  Yes; 13.125............  13.403             13.123             13.405             13.407            13.409            13.401(f)
Tankerman-Engineer Subpart E...  18; 13.501(a)..........  Yes; 13.125............  13.503             13.123             13.505             13.507            13.509            13.501(g)
Restricted Tankerman-PIC.......  18; 13.111(b)..........  Yes; 13.111(b).........  13.111(b)          13.111(b)          13.111(b)          13.111(b)         No                13.111(b)
Restricted Tankerman-PIC         18; 13.111(c)..........  Yes; 13.111(c).........  13.111(c)          13.111(c)          13.111(c)          13.111(c)         No                13.111(c)
 (Barge).
Restricted Tankerman-PIC         18; 13.111(d)(1).......  Yes; 13.111(d)(3)......  13.111(d)(4)       No                 13.111(d)(4)       No                No                13.111(d)(5)
 (Barge), Facility.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[CGD 79-116, 60 FR 17142, Apr. 4, 1995, as amended by CGD 79-116, 62 FR 
25133, May 8, 1997]

[[Page 241]]



        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: 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 90 days of service as a licensed deck officer or a 
licensed engineering officer on one or more tankships or self-propelled 
tank vessels certified to carry DL or LG appropriate to the endorsement 
applied for;
    (2) At least 90 days of unlicensed or cadet service on deck or in 
the engine department on one or more tankships or self-propelled tank 
vessels certified to carry DL or LG appropriate to the endorsement 
applied for; or
    (3) A combination of the service in paragraphs (a) (1) and (2) of 
this section.
    (b) Each applicant shall present evidence of participation, under 
the supervision of a ``Tankerman-PIC,'' in at least 10 transfers of 
liquid cargo in bulk of the classification desired on tankships or self-
propelled tank vessels, including at least--
    (1) Five loadings and five discharges;
    (2) Two commencements of loading and two completions of loading; and
    (3) Two commencements of discharge and two completions of discharge.
    (c) Each applicant already holding an MMD endorsed ``Tankerman-PIC'' 
for DL and seeking an endorsement for LG, or the converse, shall--
    (1) Provide evidence of at least half the service required by 
paragraph (a) of this section; and
    (2) Comply with paragraph (b) of this section, except that he or she 
need provide evidence of only three loadings and three discharges along 
with evidence of compliance with paragraphs (b)(2) and (3) of this 
section.

[CGD 79-116, 60 FR 17142, Apr. 4, 1995, as amended by CGD 79-116, 62 FR 
25134, May 8, 1997]



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: 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: 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 and for the endorsement applied for, and 
approved by the Commandant. The date of the certificate may not be more 
than 5 years earlier than the date of application.

[CGD 79-116, 62 FR 25134, May 8, 1997]

[[Page 242]]



    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: 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, whether by shore-based or by 
vessel-based personnel, on one or more tank vessels certified to carry 
DL or LG appropriate to the endorsement applied for; or
    (2) At least 6 months of closely related service directly involved 
with tank barges appropriate to the endorsement applied for; and
    (b) Participation, under the supervision of a ``Tankerman-PIC'' or 
``Tankerman-PIC (Barge),'' in at least 10 transfers of liquid cargo in 
bulk of the classification desired on any tank vessel, including at 
least--
    (1) Five loadings and five discharges;
    (2) Two commencements of loading and two completions of loading; and
    (3) Two commencements of discharge and two completions of discharge.
    (c) Each applicant already holding an MMD endorsed ``Tankerman-PIC 
(Barge)'' for DL and seeking an endorsement for LG, or the converse, 
shall--
    (1) Provide evidence of at least half the service required by 
paragraph (a) of this section; and
    (2) Comply with paragraph (b) of this section, except that he or she 
need provide evidence of only three loadings and three discharges along 
with evidence of compliance with paragraphs (b)(2) and (3) of this 
section.

[CGD 79-116, 60 FR 17142, Apr. 4, 1995, as amended by CGD 79-116, 62 FR 
25134, May 8, 1997]



Sec. 13.305  Proof of service for ``Tankerman-PIC (Barge)'' endorsement.

    Service must be proved by a letter on company letterhead from the 
owner or operator of a terminal; the owner or operator of a tank barge; 
the owner, operator, or master of a tank vessel; or the employer of 
shore-based tankermen. The letter must contain the information required 
by Sec. 13.127(a), excluding paragraph (a)(3)(vii).

[CGD 79-116, 62 FR 25134, May 8, 1997]



Sec. 13.307  Eligibility: 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 Firefighting,'' completed 5 years or 
less before the date of application for the endorsement, unless he or 
she has previously submitted such a certificate for a license or a 
tankerman endorsement; or
    (b) A course in tank-barge firefighting, approved by the Commandant 
and meeting Sec. 13.121, completed within five years of the date of 
application for the endorsement.

[CGD 79-116, 60 FR 17142, Apr. 4, 1995, as amended by CGD 79-116, 62 FR 
25134, May 8, 1997]

[[Page 243]]



Sec. 13.309  Eligibility: Cargo course.

    Each applicant for an original ``Tankerman-PIC (Barge)'' endorsement 
shall present a certificate of completion from a course in DL or LG 
appropriate for tank barges and for Tankerman-PIC or Tankerman-PIC 
(Barge), and approved by the Commandant. The date of the certificate may 
not be more than 5 years earlier than the date of application.

[CGD 79-116, 62 FR 25134, May 8, 1997]



     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 or self-propelled tank 
vessels 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.

[CGD 79-116, 60 FR 17142, Apr. 4, 1995, as amended by CGD 79-116, 62 FR 
25134, May 8, 1997]



Sec. 13.403  Eligibility: Experience.

    (a) Each applicant for a ``Tankerman-Assistant'' endorsement shall 
present--
    (1) Evidence of at least 90 days of deck service on tankships or 
self-propelled tank vessels certified to carry DL or LG appropriate to 
the endorsement applied for; or
    (2) A certificate of completion from a course in DL or LG 
appropriate for the endorsement applied for as prescribed in 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.

[CGD 79-116, 60 FR 17142, Apr. 4, 1995, as amended by CGD 79-116, 62 FR 
25134, May 8, 1997]



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 or self-propelled tank 
vessel. The letter must specify--
    (1) The classification of cargo (DL or LG) carried while the 
applicant accumulated the service;
    (2) The number of days of deck service the applicant accumulated on 
the tankship or self-propelled tank vessel; and
    (3) That the applicant has demonstrated an understanding of cargo 
transfer and a sense of responsibility that, in the opinion of the 
signer, will allow the applicant to safely carry out duties respecting 
cargo transfer and transfer equipment assigned by the PIC of the 
transfer without direct supervision by the PIC; or
    (b) Service must be proved by--
    (1) Certificates of Discharge from tankships with the appropriate 
classification of cargo (DL, LG, or both); and
    (2) A letter on company letterhead from the owner, operator, or 
master of one of the tankships or self-propelled tank vessel stating 
that he or she has demonstrated--
    (i) An understanding of cargo transfer; and
    (ii) A sense of responsibility that, in the opinion of the signer, 
will allow him or her to safely carry out duties respecting cargo and 
its equipment assigned by the PIC of the transfer without direct 
supervision by the PIC.

[CGD 79-116, 60 FR 17142, Apr. 4, 1995, as amended by CGD 79-116, 62 FR 
25134, May 8, 1997]

[[Page 244]]



Sec. 13.407  Eligibility: 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: Cargo course.

    Each applicant for an original ``Tankerman-Assistant'' endorsement 
who has not presented the required service on tankships or self-
propelled tank vessels shall present a certificate of completion from a 
course for Familiarization with DL or LG Tankships or from a tanker-
familiarization course appropriate to the endorsement applied for, and 
approved by the Commandant. The date of the certificate may not be more 
than 5 years earlier than the date of application.

[CGD 79-116, 62 FR 25134, May 8, 1997]



      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 and self-propelled tank 
vessels 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.

[CGD 79-116, 60 FR 17142, Apr. 4, 1995, as amended by CGD 79-116, 62 FR 
25134, May 8, 1997]



Sec. 13.503  Eligibility: 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 of 
tankships or self-propelled tank vessels certified to carry DL or LG 
appropriate to the endorsement applied for;
    (2) 90 days of unlicensed or cadet service in the engine department 
on tankships or self-propelled tank vessels certified to carry DL or LG 
appropriate to the endorsement applied for; or
    (3) A combination of the service in paragraphs (a) (1) and (2) of 
this section.
    (b) Each applicant already holding an MMD endorsed as Tankerman-
Engineer for DL and seeking one for LG, or the converse, shall prove at 
least half the service required by paragraph (a) of this section.

[CGD 79-116, 60 FR 17142, Apr. 4, 1995, as amended by CGD 79-116, 62 FR 
25134, May 8, 1997]



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, master, or chief engineer of a tankship or self-
propelled tank vessel. The letter must specify--
    (1) The classification of cargo (DL, LG, or both) carried while the 
applicant accumulated the service; and
    (2) The number of days of licensed and unlicensed service in the 
engine department on tankships or self-propelled tank vessels; or
    (b) Service must be proved by certificates of discharge from 
tankships or self-propelled tank vessels with the appropriate 
classification of cargo (DL, LG, or both).

[CGD 79-116, 60 FR 17142, Apr. 4, 1995, as amended by CGD 79-116, 62 FR 
25135, May 8, 1997]

[[Page 245]]



Sec. 13.507  Eligibility: 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: Cargo course.

    Each applicant for an original ``Tankerman-Engineer'' endorsement 
shall present a certificate of completion from a course in DL or LG, 
appropriate for tankships and the endorsement applied for, approved by 
the Commandant. The date of the certificate may not be more than 5 years 
earlier than the date of application.

[CGD 79-116, 62 FR 25135, May 8, 1997]



PART 14_SHIPMENT AND DISCHARGE OF MERCHANT MARINERS--Table of Contents




                            Subpart A_General

Sec.
14.101 Purpose of part.
14.103 Addresses of Coast Guard.
14.105 Disclosure and privacy.

                 Subpart B_Shipment of Merchant Mariners

14.201 Voyages upon which shipping articles are required.
14.203 Voyages upon which shipping articles are not required.
14.205 Production of credentials by merchant mariner signing shipping 
          articles.
14.207 Content and form of shipping articles.
14.209 Preparation of shipping articles at beginning of voyage.
14.211 Posting of copy of shipping articles.
14.213 Report of shipment of merchant mariner.

                Subpart C_Discharge of Merchant Mariners

14.301 Paying off of merchant mariner during or after voyage upon which 
          shipping articles are required.
14.303 Discharge of merchant mariner in foreign port.
14.305 Entries in continuous discharge book.
14.307 Entries on certificate of discharge.
14.309 Entries in shipping articles at end of voyage.
14.311 Report of discharge of merchant mariner.
14.313 Storage of shipping articles and of certificates of discharge.

                Subpart D_Oceanographic Research Vessels

14.401 General.
14.403 Exemptions.
14.405 Procedures.
14.407 Reports.

    Authority: 5 U.S.C. 552; 46 U.S.C. Chapters 103 and 104.

    Source: CGD 94-004, 61 FR 56637, Nov. 4, 1996, unless otherwise 
noted.



                            Subpart A_General



Sec. 14.101  Purpose of part.

    This part prescribes rules for the shipment and discharge of 
merchant mariners aboard certain vessels of the United States.



Sec. 14.103  Addresses of Coast Guard.

    (a) By mail: U.S. Coast Guard National Maritime Center (NMC-4A), 
4200 Wilson Boulevard, Suite 630, Arlington, VA 22203-1803.
    (b) By facsimile: 202-493-1055.

[CGD 94-004, 61 FR 56637, Nov. 4, 1996, as amended by USCG-2002-13058, 
67 FR 61278, Sept. 30, 2002]



Sec. 14.105  Disclosure and privacy.

    The Coast Guard makes information available to the public in 
accordance with 49 CFR part 7, including appendix B.



                 Subpart B_Shipment of Merchant Mariners



Sec. 14.201  Voyages upon which shipping articles are required.

    (a) Before proceeding either upon a foreign, intercoastal, or 
coastwise voyage (including a voyage on the Great Lakes) listed in 
paragraph (b) of this section or with the engagement or replacement of a 
merchant mariner for such a voyage, each master or individual in charge 
of a vessel or seagoing

[[Page 246]]

barge of the United States shall execute shipping articles however 
prepared, manually or electronically. The master or individual in charge 
and each mariner engaged or replaced shall sign the articles.
    (b) Except as provided by Sec. 14.203, articles are required upon 
each voyage by a vessel of the United States--
    (1) Of 100 gross tons or more, on a foreign voyage, which is a 
voyage from a port in the United States to any foreign port other than a 
port in--
    (i) Canada;
    (ii) Mexico; or
    (iii) The West Indies.
    (2) Of 75 gross tons or more on a voyage between a port of the 
United States on the Atlantic Ocean and a port of the United States on 
the Pacific Coast; or
    (3) Of 50 gross tons or more on a voyage between a port in one State 
and a port in another State other than an adjoining State.



Sec. 14.203  Voyages upon which shipping articles are not required.

    Although they may be used for the voyage; shipping articles are not 
required for any voyage by--
    (a) A yacht;
    (b) A vessel engaged exclusively in fishing or whaling;
    (c) A vessel aboard which the merchant mariners are by custom or 
agreement entitled to participate in the profits or results of a cruise 
or voyage;
    (d) A vessel employed exclusively in trade on the navigable rivers 
of the United States; or
    (e) A ferry, or a tug used in ferrying, if the vessel is employed 
exclusively in trade on the Great Lakes, other lakes, bays, sounds, 
bayous, canals, or harbors.



Sec. 14.205  Production of credentials by merchant mariner signing 

shipping articles.

    On engagement for a voyage upon which shipping articles are 
required, each merchant mariner shall present to the master or 
individual in charge of the vessel every document, certificate, or 
license required by law for the service the mariner would perform.



Sec. 14.207  Content and form of shipping articles.

    (a)(1) The content and form of shipping articles for each vessel of 
the United States of 100 gross tons or more upon a foreign or 
intercoastal voyage must conform to the present shipping articles, form 
CG-705A, which meets the requirements of 46 U.S.C. 10302, 10303, 10304, 
and 10305. The articles must identify the nature of the voyage and 
specify at least the name, the number of the license or merchant 
mariner's document, the capacity of service, the time due on board to 
begin work, and the name and address of the next of kin of, and the 
wages due to each merchant mariner, either who was discharged or whose 
services were otherwise terminated during the month.
    (2) The content and form of articles for each such vessel upon a 
coastwise voyage (including a voyage on the Great Lakes) must also 
conform to the present shipping articles, form CG-705A, which meet the 
requirements of 46 U.S.C. 10502. The articles must specify at least the 
matter identified by paragraph (a)(1) of this section, except that they 
must not specify the wages due to the mariner. The wages section of the 
form shall be left blank for coastwise voyages.
    (b) Any shipping company that manually prepares the articles may, 
upon request, obtain Shipping Articles, Form CG-705A, from any Officer 
in Charge, Marine Inspection (OCMI), of the Coast Guard.
    (c) Any company that electronically prepares the articles may, upon 
request submitted to either address in Sec. 14.103, obtain a copy of 
software developed by the Coast Guard to produce articles in the proper 
format. Alternatively, a company may develop its own software or buy it 
off the shelf; but, in either of these cases, it must secure approval of 
the software from the National Maritime Center at either address in 
Sec. 14.103.



Sec. 14.209  Preparation of shipping articles at beginning of voyage.

    Each master or individual in charge of a vessel when shipping 
articles are required shall prepare an original and two copies of the 
articles. The original and one copy must be signed by the

[[Page 247]]

master or individual in charge and by each merchant mariner; but the 
second copy must not be signed by any of them.



Sec. 14.211  Posting of copy of shipping articles.

    On commencement of a foreign, intercoastal, or coastwise voyage 
(including a voyage on the Great Lakes), each master or individual in 
charge of a vessel when shipping articles are required shall ensure that 
a legible copy of the articles, unsigned by the mariner, and without the 
next of kin information, is posted at a place accessible to the crew.



Sec. 14.213  Report of shipment of merchant mariner.

    (a) When a vessel of the United States sails upon a foreign, 
intercoastal, or coastwise voyage (excluding a voyage on the Great 
Lakes), each master or individual in charge shall, at the commencement 
of the voyage, send one copy of shipping articles, signed by the master 
and by each merchant mariner, to the owner, charterer, or managing 
operator. The master shall keep the original throughout the voyage and 
enter in it all charges made to the crew during the voyage.
    (b) (1) When a vessel of the United States sails exclusively on the 
Great Lakes, each master or individual in charge shall, at the 
commencement of the season, or once the vessel is put into service, 
whichever occurs earlier, send one copy of articles, signed by the 
master and by each mariner, to the owner, charterer, or managing 
operator.
    (2) The master or individual in charge shall every 60 days send 
supplementary particulars of engagement covering each mariner engaged 
during this period, signed by the master and by each mariner, to the 
owner, charterer, or managing operator.
    (3) The master of individual in charge shall, at the close of the 
season, or once the vessel is withdrawn from service, whichever occurs 
later, send articles, signed by the master and by each mariner, to the 
owner, charterer, or managing operator.
    (c) When a vessel of the United States sales exclusively on bays or 
sounds, each master or individual in charge shall, at least every 60 
days, send articles, signed by the master and by each mariner, to the 
owner, charter, or managing operator.
    (d) Any person who fails to comply with the requirements of this 
section is subject to a civil penalty of $5,000.



                Subpart C_Discharge of Merchant Mariners



Sec. 14.301  Paying off of merchant mariner during or after voyage 

upon which shipping articles are required.

    Each master or individual in charge of a vessel when shipping 
articles are required shall complete and sign, and each merchant mariner 
paid off during or after such a voyage shall sign the articles and 
otherwise comply with the requirements of this subpart. When signed by 
the master or individual in charge and by the mariner, the articles 
constitute a release from the duties to which they bound their parties.



Sec. 14.303  Discharge of merchant mariner in foreign port.

    Upon the discharge of any mariner in a foreign port, the master 
shall make the required entries on the ship's articles. Upon the request 
of the master or a mariner, the consular officer shall discharge the 
mariner in accordance with the requirements of 46 U.S.C. 10318.



Sec. 14.305  Entries in continuous discharge book.

    If the merchant mariner holds a continuous discharge book, the 
master or individual in charge of the vessel shall make the proper 
entries in it.



Sec. 14.307  Entries on certificate of discharge.

    (a) Each master or individual in charge of a vessel shall, for each 
merchant mariner being discharged from the vessel, prepare a certificate 
of discharge and two copies; whether by writing or typing them on the 
prescribed form with permanent ink or generating them from computer in 
the prescribed format; and shall sign them with permanent ink. The 
prescribed format for a certificate of discharge is

[[Page 248]]

the same as the present form CG-718A (Rev. 3-85). The left portion of 
the form has the mariner's printed name, signature, citizenship, and 
merchant mariner's document number; the certification statement, date 
and the master's signature. The right portion of the form contains the 
rate/rank the mariner is serving on the voyage, date and place of 
shipment, date and place of discharge, name of the vessel, name of the 
operating company, official number of the vessel, class of the vessel, 
and the nature of the voyage.
    (b) Each mariner being discharged shall sign the certificate and 
both copies with permanent ink.
    (c) When the mariner leaves the vessel, the master or individual in 
charge shall give the original certificate to the mariner.
    (d) Except as directed by Sec. 14.313, the shipping company shall 
keep both copies of the certificate.
    (e) The company shall provide copies of certificates of discharge to 
the mariner and the Coast Guard upon request.

[CGD 94-004, 61 FR 56637, Nov. 4, 1996, as amended by USCG-2002-13058, 
67 FR 61278, Sept. 30, 2002]



Sec. 14.309  Entries in shipping articles at end of voyage.

    (a) At the end of each voyage upon which shipping articles are 
required, the master or individual in charge of the vessel shall--
    (1) Complete the articles, conforming the pertinent entries in them 
to those on the certificate of discharge and its copies;
    (2) Note in the articles the execution of each Mutual Release;
    (3) Attach to the articles each Mutual Release and a copy of each 
certificate; and
    (4) Pay to each merchant mariner all wages due.
    (b) When paid off, each mariner shall sign the articles.



Sec. 14.311  Report of discharge of merchant mariner.

    (a) At the end of each foreign, intercoastal, and coastwise voyage 
by a vessel of the United States, or of each voyage by such a vessel 
that sails exclusively on bays or sounds (or by such a vessel at the 
close of the season on the Great Lakes, or once the vessel is withdrawn 
from service there, whichever occurs later), the shipping company shall 
electronically transmit the data from the certificates of discharge to 
an electronic address which the shipping company may request from the 
National Maritime Center.
    (b) If the data is submitted manually, the shipping companies shall 
provide the data for foreign and intercoastal voyages at the end of each 
voyage. For coastwise voyages or of each voyage by such a vessel that 
sails exclusively on bays or sounds (or by such a vessel at the close of 
the season of the Great Lakes, or once the vessel is withdrawn from 
service there, whichever occurs later), the shipping companies shall 
submit a copy of each certificate of discharge to the address in Sec. 
14.103(a) at least once per calendar month.

[CGD 94-004, 61 FR 56637, Nov. 4, 1996, as amended by USCG-2007-29018, 
72 FR 53964, Sept. 21, 2007]



Sec. 14.313  Storage of shipping articles and of certificates of 

discharge.

    (a) Each shipping company shall keep all original shipping articles 
and copies of all certificates of discharge for 3 years. After 3 years 
the shipping companies shall prepare the original shipping articles in 
alphabetical order by vessel name and send to the address in Sec. 
14.103(a) for storage at the Federal Records Center at Suitland, 
Maryland. The company may dispose of the copies of certificates of 
discharge. The Coast Guard will dispose of copies of certificates 
submitted manually, once the data are entered into its sea-service 
database and are validated.
    (b) Each shipping company that goes out of business or merges with 
another company shall send all original articles to the address in Sec. 
14.103(a) within 30 days of the transaction.
    (c) The shipping company must provide copies of shipping articles 
and certificates of discharge to the mariner and the Coast Guard upon 
request.

[[Page 249]]



                Subpart D_Oceanographic Research Vessels



Sec. 14.401  General.

    Unless otherwise provided by Title 46 United States Code, by any act 
amending or supplementing that Title, or by this subpart, that Title as 
far as it governs the employment of merchant mariners remains, and any 
act amending or supplementing that title becomes, applicable to 
oceanographic research vessels.



Sec. 14.403  Exemptions.

    (a) Certain requirements of Title 46, United States Code do not 
apply to the employment of merchant mariners on oceanographic research 
vessels. These requirements are those concerned with, among other 
things, the shipment and discharge of mariners, their pay and 
allotments, and the adequacy of their clothing. 46 U.S.C. 2113(2) allows 
exemptions of oceanographic research vessels from certain requirements 
of parts B, C, F, or G of subtitle II of 46 U.S.C., upon such terms as 
the Secretary of the Department of Transportation deems suitable. The 
exemptions available under this subpart are subject to the following 
terms:
    (1) No use of any exemption relieves the owner, charterer, managing 
operator, master, or individual in charge of the vessel of other 
statutory responsibilities for the protection of every mariner under his 
or her command.
    (2) If it is presented at a reasonable time and in a reasonable 
manner, the master or individual in charge shall receive, consider, and 
appropriately address the legitimate complaint of any mariner.
    (b) For any oceanographic research vessel sailing with any mariner 
employed by any firm, association, corporation, or educational or 
governmental body or agency, the Commandant may grant exemptions from--
    (1) 46 U.S.C. 10301, Application;
    (2) 46 U.S.C. 10302, Shipping articles (for foreign and intercoastal 
voyages);
    (3) 46 U.S.C. 10307, Posting of articles;
    (4) 46 U.S.C. 10308, Foreign engagements;
    (5) 46 U.S.C. 10311, Certificates of discharge;
    (6) 46 U.S.C. 10313 and 10504, Wages;
    (7) 46 U.S.C. 10314 and 10505, Advances;
    (8) 46 U.S.C. 10315, Allotments;
    (9) 46 U.S.C. 10316 and 10506, Trusts;
    (10) 46 U.S.C. 10321 and 10508, General penalties;
    (11) 46 U.S.C. 10502, Shipping articles (for coastwise voyages); and
    (12) 46 U.S.C. 10509, Penalty for failure to begin coastwise 
voyages.



Sec. 14.405  Procedures.

    (a) Upon written request for the owner, charterer, managing 
operator, master, or individual in charge of the vessel to the OCMI of 
the Coast Guard in whose zone the vessel is located, the Commandant may 
grant an exemption of any oceanographic research vessel designated by 46 
U.S.C. 2113(2) from any requirement of any section listed by Sec. 
14.403(b).
    (b) The request must state--
    (1) Any requirement of any section listed in Sec. 14.403(b) from 
which the applicant wishes an exemption; and
    (2) What business practices regarding, among other things, the 
shipment and discharge of merchant mariners, their pay and allotments, 
and the adequacy of their clothing would justify the exemption.
    (c) The OCMI will forward the request, along with his or her 
recommendation, to the Commandant, who will determine whether to grant 
any exemption of any vessel from any requirement. The OCMI will issue a 
letter indicating any exemption granted. The master or individual in 
charge of the vessel shall keep the letter aboard the vessel.
    (d) If operating conditions change, the owner, charterer, managing 
operator, master, or individual in charge of the vessel shall so advise 
the OCMI. The OCMI will forward pertinent information on how the 
conditions have changed, along with his or her recommendation, to the 
Commandant, who will determine whether any exemption should remain 
granted.



Sec. 14.407  Reports.

    (a) The owner, charterer, managing operator, master, or individual 
in charge of each oceanographic research vessel of 100 gross tons or 
more shall maintain a record of the employment,

[[Page 250]]

discharge, or termination of service of every merchant mariner in the 
crew. At least every 6 months, the person maintaining this record shall 
transmit it to the Coast Guard, either manually, in the form of a copy 
of a certificate of discharge, or electronically.
    (b) The owner, charterer, managing operator, master, or individual 
in charge of the vessel shall keep original shipping articles and a copy 
of each certificate ready for review by the Coast Guard or the concerned 
mariner upon request. After January 3, 1997, the Coast Guard will no 
longer keep either original articles or copies of certificates; it will 
keep only electronic records of employment.
    (c) The master or individual in charge of the vessel shall ensure 
that every entry made in the articles agrees with the corresponding 
entry made in a continuous discharge book, on a certificate, or in any 
other proof of sea service furnished to the mariner.
    (d) Each oceanographic company shall keep all original articles and 
copies of all certificates for 3 years. After that each such company 
shall send all articles to the address in Sec. 14.103(a).
    (e) Each oceanographic company that goes out of business or merges 
with another company shall send all original articles to the address in 
Sec. 14.103(a) within 30 days of the transaction.



PART 15_MANNING REQUIREMENTS--Table of Contents




                   Subpart A_Purpose and Applicability

Sec.
15.101 Purpose of regulations.
15.102 Paperwork approval.
15.103 General.
15.105 Incorporation by reference.

                      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.
15.415 Transportation Worker Identification Credential.

            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.
15.530 Large passenger vessels.

           Subpart E_Manning Requirements; Uninspected Vessels

15.601 General.
15.605 Licensed operators for uninspected passenger vessels.
15.610 Master and mate (pilot) of 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.
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 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.
15.1050 North Carolina.

[[Page 251]]

            Subpart J_Vessels Subject to Requirements of STCW

15.1101 General.
15.1103 Employment and service within restrictions of a license, 
          document, and STCW endorsement or of a certificate of 
          training.
15.1105 Familiarization and basic safety-training.
15.1107 Maintenance of merchant mariners' records by owner or operator.
15.1109 Watches.
15.1111 Work hours and rest periods.

    Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8104, 8105, 
8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904, 8905(b), 
8906, 9102, and 8103; and Department of Homeland Security Delegation No. 
0170.1.

    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. 15.102  Paperwork approval.

    (a) This section lists the control numbers assigned by the Office of 
Management and Budget under the Paper Reduction Act of 1980 (Pub. L. 96-
511) for the reporting and recordkeeping requirements in this part.
    (b) The following control numbers have been assigned to the sections 
indicated:
    (1) OMB 1625-0079--46 CFR 15.1107.
    (2) [Reserved]

[CGD 95-62, 62 FR 34538, June 26, 1997, as amended by USCG-2004-18884, 
69 FR 58343, Sept. 30, 2004]



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.
    (d) The regulations in subpart J of this part apply to seagoing 
vessels subject to the International Convention on Standards of 
Training, Certification and watchkeeping for Seafarers as amended 
(STCW).
    (e) Neither any person serving on any of the following vessels, nor 
any owner or operator of any of these vessels, need meet the 
requirements of subpart J, because the vessels are exempt from 
application of STCW:
    (1) Uninspected passenger vessels as defined in 46 U.S.C. 2101(42).
    (2) Fishing vessels as defined in 46 U.S.C. 2101(11)(a).
    (3) Fishing vessels used as fish-tender vessels as defined in 46 
U.S.C. 2101(11)(c).
    (4) Barges as defined in 46 U.S.C. 2101(2), including non-self-
propelled mobile offshore-drilling units.
    (5) Vessels operating exclusively on the Great Lakes.
    (f) Personnel serving on the following vessels, and the owners and 
operators of these vessels, are in compliance with subpart J and are not 
subject to further obligation for the purposes of

[[Page 252]]

STCW, on account of the vessels' special operating conditions as small 
vessels engaged in domestic voyages:
    (1) Small passenger vessels subject to subchapter T or K of title 
46, CFR.
    (2) Vessels of less than 200 GRT (other than passenger vessels 
subject to subchapter H of title 46 CFR).
    (g) Licensed personnel serving on vessels identified in paragraphs 
(e)(5), (f)(1), and (f)(2) of this section will be issued, without 
additional proof of qualification, an appropriate STCW certificate or 
endorsement when the Officer in Charge, Marine Inspection determines 
that such an endorsement is necessary to enable the vessel to engage in 
an international voyage. The STCW certificate or endorsement will be 
expressly limited to service on the vessel or the class of vessels and 
will not establish qualification for any other purpose.

[CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended by CGD 95-062, 62 FR 
34538, June 26, 1997; USCG-2004-18884, 69 FR 58343, Sept. 30, 2004]



Sec. 15.105  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in paragraph (b) of this section, the Coast Guard must publish 
notice of change in the Federal Register and must ensure that the 
material is available to the public. All approved material is available 
for inspection at the U.S. Coast Guard, Office of Operating and 
Environmental Standards, 2100 Second Street SW., Washington, DC 20593-
0001, or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html. All material 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 as follows:

    International Maritime Organization (IMO)

    4 Albert Embankment, London, SE1 7SR, England

    STCW--The International Convention on Standards of Training, 
Certification and Watchkeeping for Seafarers, 1978, as amended, (STCW 
Convention), and Seafarer's Training, Certification and Watchkeeping 
Code (STCW Code)--15.103; 15.1101; 15.1103; 15.1105; 15.1109.

[CGD 95-062, 62 FR 34539, June 26, 1997, as amended by USCG-1999-6216, 
64 FR 53223, Oct. 1, 1999; USCG-2004-18884, 69 FR 58343, Sept. 30, 2004]



                      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.
    Directly supervised means being in the direct line of sight of the 
person in charge or maintaining direct, two-way communications by a 
convenient, reliable means, such as a predetermined working frequency 
over a hand-held radio.
    Disabled vessel means a vessel that needs assistance, whether 
docked, moored, anchored, aground, adrift, or under way; but does not 
mean a barge

[[Page 253]]

or any other vessel not regularly operated under its own power.
    Officer in Charge, Marine Inspection (OCMI) for the purposes of part 
15 means any person designated as such by the Commandant and who under 
the Coast Guard District Commander is in charge of an inspection zone.
    Operate, operating, or operation, as applied to vessels, refers to a 
vessel anytime passengers are embarked whether the vessel is underway, 
at anchor, made fast to shore, or aground.
    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.
    Underway means that a vessel is not at anchor, made fast to the 
shore, or aground.
    (b) The following categories of licensed individuals are established 
in part 10 of this chapter. When used in this part, the following terms 
mean an individual holding a valid license and/or endorsement to serve 
in that capacity issued under part 10 of this chapter.
    (1) Master;
    (2) Mate;
    (3) Pilot;
    (4) Engineer;
    (5) Radio officer;
    (6) Operator of uninspected passenger vessels;
    (7) Offshore installation manager (OIM);
    (8) Barge supervisor (BS);
    (9) Ballast control operator (BCO); and
    (10) [Reserved]
    (11) GMDSS radio operator.
    (c) The following ratings are established in part 12 of this 
chapter. When used in this part, terms for the ratings identify persons 
holding valid merchant mariners' documents for service in the ratings 
issued under that part:
    (1) Able seaman.
    (2) Ordinary seaman.
    (3) Qualified member of the engine department.
    (4) Lifeboatman.
    (5) Wiper.
    (6) Steward's department (F.H.).
    (7) GMDSS At-sea Maintainer.
    (d) The following ratings are established in part 13 of this 
chapter. When used in this part, the terms for the ratings identify 
persons holding valid merchant mariners' documents for service in the 
ratings issued under that part:
    (1) Tankerman-PIC.
    (2) Tankerman-PIC (Barge).
    (3) Restricted Tankerman-PIC.
    (4) Restricted Tankerman-PIC (Barge).
    (5) Tankerman-Assistant.
    (6) Tankerman-Engineer.

[CGD 81-059 and CGD 81-059a, 52 FR 38623 and 38670, Oct. 16, 1987]

    Editorial Note: For Federal Register citations affecting Sec. 
15.301, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



               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

[[Page 254]]

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]



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]



Sec. 15.415  Transportation Worker Identification Credential.

    By September 25, 2008 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 an active License, 
Merchant Mariner Document (MMD), Certificate of Registry (COR), or STCW 
endorsement, unless the individual holds a valid Transportation Worker 
Identification Credential (TWIC). All mariners holding an active 
License, MMD, COR or STCW endorsement issued by the Coast Guard must 
hold a valid TWIC issued by the Transportation Security Administration 
under 49 CFR part 1572.

[CG-2006-24196, 72 FR 3588, Jan. 25, 2007]



            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

[[Page 255]]

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.

[CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended at USCG-2004-18884, 
69 FR 58343, Sept. 30, 2004]



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), 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.



Sec. 15.530  Large passenger vessels.

    (a) The definition of terms used in this section is the same as 
Sec. 12.40-3 of this subchapter.
    (b) The owner or operator of a U.S.-flag large passenger vessel must 
ensure that any non-resident alien holding a Coast Guard-issued merchant 
mariner's document described in subpart 12.40 of this subchapter is 
provided the rights, protections, and benefits of the International 
Labor Organization's Merchant Shipping (Minimum Standards) Convention of 
1976.
    (c) On U.S.-flag large passenger vessels, non-resident aliens 
holding a

[[Page 256]]

Coast-Guard issued merchant mariner's document described in subpart 
12.40 of this subchapter:
    (1) May only be employed in the steward's department on the 
vessel(s) specified on the merchant mariner's document or accompanying 
Coast Guard letter under Sec. 12.40-13(b)(1) of this subchapter;
    (2) May only be employed for an aggregate period of 36 months actual 
service on all authorized U.S.-flag large passenger vessels combined, 
under Sec. 12.40-13(c) of this subchapter;
    (3) May not perform watchstanding, engine room duty watch, or vessel 
navigation functions, under Sec. 12.40-13(b)(4) of this subchapter; and
    (4) May perform emergency-related duties only if, under Sec. 12.40-
13(b)(5) of this subchapter:
    (i) The emergency-related duties do not require any other rating or 
endorsement, except lifeboatman as specified in Sec. 12.40-13(a)(3) of 
this subchapter;
    (ii) The non-resident alien has completed familiarization and basic 
safety training, as required in Sec. 15.1105 of this part;
    (iii) That if the non-resident alien serves as a lifeboatman, he or 
she must have the necessary lifeboatman's endorsement; and
    (iv) The non-resident alien has completed the training for 
crewmembers on passenger ships performing duties involving safety or 
care for passengers, as required in subpart 12.35 of this subchapter.
    (d) No more than 25 percent of the total number of unlicensed seamen 
on a U.S.-flag large passenger vessel may be aliens, whether admitted to 
the United States for permanent residence or otherwise allowed to be 
employed in the United States as non-resident aliens.
    (e) The owner or operator of a U.S.-flag large passenger vessel 
employing non-resident aliens holding Coast Guard-issued merchant 
mariner's documents described in subpart 12.40 of this subchapter must:
    (1) Retain custody of all non-resident alien merchant mariner's 
documents for the duration of employment, under Sec. 12.40-13(b)(2) of 
this subchapter; and
    (2) Return all non-resident alien merchant mariner's documents to 
the Coast Guard upon termination of employment, under Sec. 12.40-
13(b)(3) of this subchapter.
    (f) The owner or operator of a U.S.-flag large passenger vessel 
employing non-resident aliens holding Coast Guard-issued merchant 
mariner's documents described in subpart 12.40 of this subchapter is 
subject to the civil penalty provisions specified in 46 U.S.C. 8103(f), 
for any violation of this section.

[USCG-2007-27761, 72 FR 20286, Apr. 24, 2007]



           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; Sec. Sec. 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 uninspected passenger vessel must be under the direction and 
control of an individual licensed by the Coast Guard as follows:
    (a) Every self-propelled, uninspected vessel as defined by 46 U.S.C. 
2101(42)(B), carrying not more than six passengers, must be under the 
direction and control of an individual holding a license as operator.
    (b) Every uninspected passenger vessel of 100 gross tons or more, as 
defined by 46 U.S.C. 2101(42)(A), must be under the direction and 
control of a licensed master, pilot, or mate as appropriate.

[USCG-1999-5040, 67 FR 34767, May 15, 2002]



Sec. 15.610  Master and mate (pilot) of towing vessels.

    (a) Except as provided in this paragraph, every towing vessel of at 
least 8 meters (at least 26 feet) in length, measured from end to end 
over the deck (excluding sheer), must be under the direction and control 
of a person licensed as master or mate (pilot) of towing vessels or as 
master or mate of

[[Page 257]]

vessels of greater than 200 gross register tons holding either an 
endorsement on his or her license for towing vessels or a completed 
Towing Officer's Assessment Record (TOAR) signed by a designated 
examiner indicating that the officer is proficient in the operation of 
towing vessels. This does not apply to any vessel engaged in assistance 
towing, or to any towing vessel of less than 200 gross register tons 
engaged in exploiting offshore minerals or oil if the vessel has sites 
or equipment so engaged as its place of departure or ultimate 
destination.
    (b) An officer may continue to operate towing vessels within any 
restrictions of his or her license from May 21, 2001, until the first 
renewal or upgrade of that license, but not later than May 21, 2006. 
Every towing vessel covered by paragraph (a) of this section must carry 
at least the following personnel:
    (1) An officer designated Master and holding a license as--
    (i) Master of towing vessels;
    (ii) Master of towing vessels (Limited) when operating solely within 
a limited local area;
    (iii) Operator of uninspected towing vessels;
    (iv) Master of inspected, self-propelled vessels within any 
restrictions on the license; or
    (v) Mate or first-class pilot of inspected, self-propelled vessels 
with a license for service in vessels of greater than 200 gross register 
tons (Domestic service only).
    (2) Another officer, if the vessel is operating more than 12 hours 
in any 24-hour period, holding a license--
    (i) Listed in 46 CFR 15.610(b)(1);
    (ii) As mate (pilot) of towing vessels;
    (iii) As second-class OUTV; or
    (iv) As mate of inspected, self-propelled vessels within any 
restrictions on the license.
    (c) Paragraph (b) of this section applies until the officer's first 
renewal or upgrade of license after May 21, 2001.
    (d) Any towing vessel operating in the pilotage waters of the Lower 
Mississippi River must be under the control of an officer who holds a 
first-class pilot's license or endorsement for that route, or meets the 
requirements of either paragraph (d)(1) or paragraph (d)(2) of this 
section as applicable:
    (1) To operate a towing vessel with tank barges, or a tow of barges 
carrying hazardous materials regulated under part N or O of this 
subchapter, an officer in charge of the towing vessel must have 
completed 12 round trips over this route as an observer, with at least 3 
of those trips during hours of darkness, and at least 1 round trip of 
the 12 within the last 5 years.
    (2) To operate a towing vessel without barges, or a tow of 
uninspected barges, an officer in charge of the towing vessel must have 
completed at least four round trips over this route as an observer, with 
at least one of those trips during hours of darkness, and at least one 
round trip of the 12 within the last 5 years.

[USCG-1999-6224, 66 FR 20944, Apr. 26, 2001, as amended at 68 FR 35818, 
June 17, 2003]



              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;
    (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

[[Page 258]]

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 minimum safe manning levels specified in a 
vessel's certificate of inspection take 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 
master or mate (pilot) operating a towing vessel that is at least 26 
feet in length measured from end to end over the deck (excluding sheer) 
to work not more than 12 hours in a consecutive 24 hour period except in 
an emergency. The Coast Guard interprets this, in conjunction with other 
provisions of the law, to permit licensed masters or mates (pilots) 
serving as operators of towing vessels that are not subject to the 
provisions of the Officers' Competency Certificates Convention, 1936, to 
be divided into two watches regardless of the length of the voyage.
    (e) Fish processing vessels are subject to various provisions of 46 
U.S.C. 8104 concerning watches.
    (1) For fish processing vessels that entered into service before 
January 1, 1988, the following watch requirements apply to the licensed 
officers and deck crew:
    (i) If over 5000 gross tons--three watches.
    (ii) If more than 1600 gross tons and not more than 5000 gross 
tons--two watches.
    (iii) If not more than 1600 gross tons--no watch division specified.
    (2) For fish Processing vessels which enter into service after 
December 31, 1987, the following watch requirements apply to the 
licensed officers and deck crew:
    (i) If over 5000 gross tons--three watches.
    (ii) If not more than 5000 gross tons and having more than 16 
individuals on board primarily employed in the preparation of fish or 
fish products--two watches.
    (iii) If not more than 5000 gross tons and having not more than 16 
individuals on board primarily employed in the preparation of fish or 
fish products--no watch division specified.
    (f) Properly manned uninspected passenger vessels of at least 100 
gross tons--
    (1) Which are underway for no more than 12 hours in any 24-hour 
period, and which are adequately moored, anchored, or otherwise secured 
in a harbor of safe refuge for the remainder of

[[Page 259]]

that 24-hour period may operate with one navigational watch;
    (2) Which are underway more than 12 hours in any 24-hour period must 
provide a minimum of a two-watch system;
    (3) In no case may the crew of any watch work more than 12 hours in 
any 24-hour period, except in an emergency.

[CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended by USCG-1999-6224, 
64 FR 63235, Nov. 19, 1999; USCG-1999-5040, May 15, 2002; USCG-2004-
18884, 69 FR 58343, Sept. 30, 2004]



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 responsibility 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.

[CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended by USCG-2004-18884, 
69 FR 58343, Sept. 30, 2004]



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

[[Page 260]]

documented personnel to man the vessel, the master or person in charge 
may proceed on the voyage, having determined the vessel is sufficiently 
manned for the voyage. A report of sailing 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]

[[Page 261]]



Sec. 15.805  Master.

    (a) There must be an individual holding an appropriate license as 
master in command of each of the following vessels:
    (1) Every self-propelled, seagoing documented vessel of 200 gross 
tons and over.
    (2) Every self-propelled inspected vessel.
    (3) Every inspected passenger vessel.
    (4) Every inspected small passenger vessel.
    (5) Every towing vessel of at least 8 meters (at least 26 feet) or 
more in length must be under the command of a master of towing vessels, 
or a mariner licensed as master of inspected, self-propelled vessels 
greater than 200 gross register tons (GRT) holding either--
    (i) A completed Towing Officer's Assessment Record (TOAR), bearing 
the signature of a Designated Examiner and stating that the Examiner 
found the candidate proficient; or
    (ii) A license endorsed for towing vessels.
    (6) Every uninspected passenger vessel of at least 100 gross tons.
    (b) Every vessel documented under the laws of the United States, 
other than a vessel with only a recreational endorsement, must be under 
the command of a U.S. citizen.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 
149, Jan. 4, 1989; USCG-1999-6216, 64 FR 53223, Oct. 1, 1999; USCG-1999-
6224, 64 FR 63235, Nov. 19, 1999; 66 FR 20944, Apr. 26, 2001; USCG-1999-
5040, 67 FR 34767, May 15, 2002]



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) Each person in charge of the navigation or maneuvering of a 
towing vessel of at least 8 meters (at least 26 feet) in length must 
hold a license authorizing service as either--
    (1) Mate (pilot) of towing vessels; or
    (2) Mate of inspected self-propelled vessels greater than 200 GRT 
within any other restrictions on the officer's license, holding either--
    (i) A completed Towing Officer's Assessment Record (TOAR) bearing 
the signature from a Designated Examiner and stating that the Examiner 
found the candidate proficient; or
    (ii) A license endorsed for towing vessels.
    (e) The OCMI may increase the minimum number of mates indicated in 
paragraph (b) of this section where he or she determines that the 
vessel's

[[Page 262]]

characteristics, route, or other operating conditions create special 
circumstances warranting an increase.
    (f) The Commandant will consider reductions to the number of mates 
required by this section when special circumstances allowing a vessel to 
be safely operated can be demonstrated.

[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; USCG-1999-
6224, 64 FR 63235, Nov. 19, 1999; 66 FR 20944, Apr. 26, 2001]



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.
    (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 areas 
of pilotage waters, 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

[[Page 263]]

    (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\
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.

[[Page 264]]

 
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:
    (1) When operating from 60[deg]49[min] 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[min] 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[min] West longitude;
    (iii) On the North by 60[deg]49[min] North latitude; and
    (iv) On the South by that area of Hinchinbrook Entrance within the 
territorial sea bounded by 60[deg] 07[min] North latitude and 
146[deg]31.5[min] West longitude.

[CGD 84-060, 59 FR 4842, Feb. 2, 1994, as amended by CGD 84-060, 60 FR 
20652, 20653, Apr. 27, 1995; USCG-2004-18884, 69 FR 58343, Sept. 30, 
2004]



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) 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 must, if the vessel is equipped with radar, hold a valid 
endorsement as radar observer.

[CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended by CGD 94-041, 60 FR 
8309, Feb. 14, 1995; CGD 95-028, 62 FR 51196, Sept. 30, 1997; USCG-2004-
18884, 69 FR 58343, Sept. 30, 2004]



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.

[[Page 265]]

    (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.



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 (33 U.S.C. 1602(c)), 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.

[USCG-2007-29018, 72 FR 53964, Sept. 21, 2007]



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.
    (c) For the watchmen described in paragraph (a) of this section, the 
owner or operator of an uninspected passenger vessel not more than 300 
gross tons may substitute the use of fire detectors, heat detectors, 
smoke detectors, and high-water alarms with audible- and visual-warning 
indicators, in addition to other required safety alarms, only when each 
of the following conditions are met:
    (1) Fire detectors are located in each space containing machinery or 
fuel tanks per Sec. 181.400(c) of this chapter.
    (2) All grills, broilers, and deep-fat fryers are fitted with a 
grease extraction hood per Sec. 181.425 of this chapter.

[[Page 266]]

    (3) Heat and/or smoke detectors are located in each galley, public 
accommodation space, enclosed passageway, berthing space, and all crew 
spaces.
    (4) High-water alarms are located in each space with a through hull 
fitting below the deepest load waterline, a machinery space bilge, bilge 
well, shaft alley bilge, or other space subject to flooding from sea 
water piping within the space, and a space below the waterline with non-
watertight closure such as a space with a non-watertight hatch on the 
main deck.
    (5) Each alarm has an audible- and visual-alarm indicator located at 
the normal operating station and, if the normal operating position is 
not continually manned and not navigating underway, in an alternate 
location that must provide the crew, and may at all times provide the 
passengers, immediate warning of a hazardous condition.
    (6) The vessel is underway for no more than 12 hours in any 24-hour 
period, and the master of the vessel has chosen to operate with less 
than a three-watch system in accordance with Sec. 15.705.

[CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended by USCG-1999-5040, 
67 FR 34767, May 15, 2002]



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.
    (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.

[[Page 267]]

    (4) Each licensed or unlicensed person, who is assigned by the PIC 
duties and responsibilities related to the cargo or cargo-handling 
equipment during a transfer of liquid cargo in bulk but is not directly 
supervised by the PIC, shall hold a ``Tankerman-Assistant'' endorsement.
    (g) The endorsements required by this section must be for the 
classification of the liquid cargo in bulk or of the cargo residue being 
carried.
    (h) Because STCW does not recognize restricted Tankerman-PIC 
endorsements, persons may act under these only aboard vessels conducting 
business inside the Boundary Line.

                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..................................................  ...........  ...........  ...........         ***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........................................................     [bcheck]
Chief Mate....................................................     [bcheck]
Chief Engineer................................................     [bcheck]      or      [bcheck]
First Assistant Engineer......................................     [bcheck]      or      [bcheck]
Cargo Engineer................................................     [bcheck]      or      [bcheck]
Licensed Person Acting as PIC of Transfer of Liquid Cargo in       [bcheck]
 Bulk.........................................................
Licensed or Unlicensed Person Not Directly Supervised by PIC..  ............  ......  ............     [bcheck]
----------------------------------------------------------------------------------------------------------------


[CGD 79-116, 60 FR 17154, Apr. 4, 1995, as amended by CGD 79-116, 62 FR 
25135, May 8, 1997]



                          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.
    (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 an 
inspected, self-propelled vessel is authorized to serve as operator of 
an uninspected passenger vessel under 100 gross tons within any 
restrictions, other than gross tonnage limitations, on the individual's 
license.

[[Page 268]]

    (b) An individual holding a license as a master or pilot of an 
inspected, self-propelled vessel is authorized to serve as master, as 
required by 46 CFR 15.805(a)(6), of an uninspected passenger vessel of 
at least 100 gross tons within any restrictions, including gross tonnage 
and route, on the individual's license.
    (c) An individual holding a license as mate of inspected, self-
propelled vessels (other than Great Lakes, inland, or river vessels of 
not more than 200 gross tons) is authorized to serve as operator of 
uninspected passenger vessels of less than 100 gross tons within any 
restrictions, other than gross tonnage limitations, on the individual's 
license.

[USCG-1999-5040, 67 FR 34767, May 15, 2002]



Sec. 15.910  Towing vessels.

    (a) No person may serve as master or mate (pilot) of any towing 
vessel without meeting the requirements of 46 CFR 15.805(a)(5) or 
15.810(d), respectively.
    (b) Through May 21, 2006, the exception granted by 46 CFR 15.610(b) 
of this part applies to the manning of towing vessels.

[USCG 1999-6224, 66 FR 20944, Apr. 26, 2001]



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.



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[min]06[sec]N, longitude 
117[deg]21[min]42[sec]W, thence southwesterly to latitude 
33[deg]08[min]54[sec]N, longitude 117[deg]24[min]36[sec]W, thence 
southwesterly to latitude 33[deg]04[min]30[sec]N, longitude 
117[deg]21[min]42[sec]W, thence northeasterly to latitude 
33[deg]05[min]36[sec]N, longitude 117[deg]18[min]54[sec]W, thence 
northwesterly along the shoreline to latitude 33[deg]10[min]06[sec]N, 
longitude 117[deg]21[min]42[sec]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[min]06[sec]N, 
longitude 118[deg]00[min]0[sec]W, thence westerly to latitude 
33[deg]39[min]18[sec]N, longitude 118[deg]05[min]12[sec]W, thence 
southeasterly along a line drawn three nautical miles from the baseline 
to latitude 33[deg]35[min]30[sec]N, longitude 118[deg]00[min]00[sec]W, 
thence

[[Page 269]]

easterly to latitude 33[deg]35[min]30[sec]N, longitude 
117[deg]52[min]30[sec]W, thence northwesterly along the shoreline to 
latitude 33[deg]39[min]06[sec]N, longitude 118[deg]00[min]00[sec]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[min]18[sec]N, longitude 118[deg]26[min]18[sec]W, 
thence westerly to latitude 33[deg]56[min]18[sec]N, longitude 
118[deg]30[min]48[sec]W, thence southeasterly along a line drawn three 
nautical miles from the baseline to latitude 33[deg]51[min]48[sec]N, 
longitude 118[deg]27[min]54[sec]W, thence easterly to latitude 
33[deg]51[min]48[sec]N, longitude 118[deg]24[min]00[sec]W, thence 
northwesterly along the shoreline to latitude 33[deg]56[min]18[sec]N, 
longitude 118[deg]26[min]18[sec]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[min]12[sec]N, longitude 
119[deg]16[min]00[sec]W, thence westerly to latitude 
34[deg]14[min]12[sec]N, longitude 119[deg]19[min]36[sec]W, thence 
southeasterly along a line drawn three nautical miles from the baseline 
to latitude 34[deg]09[min]24[sec]N, longitude 119[deg]17[min]20[sec]W, 
thence easterly to latitude 34[deg]09[min]24[sec]N, longitude 
119[deg]13[min]24[sec]W, thence northwesterly along the shoreline to 
latitude 34[deg]14[min]24[sec]N, longitude 119[deg]16[min]00[sec]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[min]12[sec]N, longitude 119[deg]57[min]00[sec]W, thence 
southerly to latitude 34[deg]22[min]48[sec]N, longitude 
119[deg]57[min]00[sec]W, thence southeasterly along a line drawn three 
nautical miles from the baseline to latitude 34[deg]21[min]06[sec]N, 
longitude 119[deg]50[min]30.5[sec]W, thence northerly to latitude 
34[deg]24[min]18[sec]N, longitude 119[deg]50[min]30[sec]W, thence 
northwesterly along the shoreline to latitude 34[deg]26[min]12[sec]N, 
longitude 119[deg]57[min]00[sec]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[min]06[sec]N, longitude 
120[deg]16[min]00[sec]W, thence southerly to latitude 
34[deg]25[min]06[sec]N, longitude 120[deg]16[min]00[sec]W, thence 
easterly along a line drawn three nautical miles from the baseline to 
latitude 34[deg]25[min]24[sec]N, longitude 120[deg]08[min]30[sec]W, 
thence northerly to latitude 34[deg]28[min]24[sec]N, longitude 
120[deg]08[min]30[sec]W, thence westerly along the shoreline to latitude 
34[deg]28[min]06[sec]N, longitude 120[deg]16[min]00[sec]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[min]00[sec]N, longitude 
121[deg]47[min]42[sec]W, thence westerly to latitude 
36[deg]49[min]00[sec]N, longitude 121[deg]51[min]00[sec]W, thence 
southerly to latitude 36[deg]47[min]00[sec]N, longitude 
121[deg]51[min]00[sec]W thence easterly to latitude 
36[deg]47[min]00[sec]N, longitude 121[deg]47[min]54[sec]W, thence 
northerly along the shoreline to latitude 36[deg]49[min]00[sec]N, 
longitude 121[deg]47[min]42[sec]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[min]00[sec]N, longitude 120[deg]52[min]30[sec]W, 
thence westerly to latitude 36[deg]25[min]00[sec]N, longitude 
120[deg]56[min]00[sec]W, thence southerly to latitude 
36[deg]22[min]00[sec]N, longitude 120[deg]56[min]00[sec]W, thence 
easterly to latitude 36[deg]22[min]00[sec]N, longitude 
120[deg]52[min]12[sec]W, thence northerly along the shoreline to 
latitude 36[deg]25[min]00[sec]N, longitude 120[deg]52[min]30[sec]W.
    (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[min]42[sec]N, 
longitude 120[deg]46[min]00[sec]W, thence southerly to latitude 
35[deg]07[min]00[sec]N, longitude 120[deg]46[min]00[sec]W, thence 
easterly to latitude 35[deg]07[min]00[sec]N, longitude 
120[deg]43[min]00[sec]W, thence northerly to latitude 
35[deg]10[min]24[sec]N, longitude 120[deg]43[min]00[sec]W, thence 
westerly along the shoreline to latitude 35[deg]09[min]42[sec]N, 
longitude 120[deg]46[min]00[sec]W.

[CGD 92-061, 60 FR 24796, Jan. 4, 1995, as amended by USCG-1998-4442, 63 
FR 52189, Sept. 30, 1998]



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[min]N, 
longitude 158[deg]06.4[min]W, thence easterly to latitude 
21[deg]14.8[min]N, longitude 158[deg]03.3[min]W,

[[Page 270]]

thence northeasterly to latitude 21[deg]15.6[min]N, longitude 
158[deg]01.1[min]W, thence northwesterly to latitude 21[deg]18.5[min]N, 
longitude 158[deg]02.0[min]W, thence westerly along the shoreline to 
latitude 21[deg]17.8[min]N, longitude 158[deg]06.4[min]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.

    Note to Sec. 15.1030: ``Intra-port transit'' as used in this 
section includes the movement of a foreign-trade vessel inbound from sea 
from the point where a State-licensed pilot ceases providing pilotage to 
another point within the identified areas (i.e., a dock or anchorage). 
Likewise, intra-port transit also includes the movement of a foreign-
trade vessel outbound to sea from a point within the identified areas 
(i.e., a dock or anchorage) to the point where a State licensed pilot 
begins providing pilotage.

[CGD 92-061, 60 FR 24796, May 10, 1995, as amended by USCG-2004-18884, 
69 FR 58344, Sept. 30, 2004]



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[min]54[sec]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[min]55[sec]N longitude 
70[deg]51[min]15[sec]W) to the easternmost point of Pasque Island 
(latitude 41[deg]26[min]55[sec]N longitude 70[deg]50[min]30[sec]W).

[CGD 92-061, 60 FR 24796, May 10, 1995, as amended by USCG-1998-4442, 63 
FR 52189, Sept. 10, 1998]



Sec. 15.1050  North Carolina.

    (a) The following navigable waters of the United States within the 
State of North Carolina when the vessel is maneuvering while berthing or 
unberthing, is approaching or passing through a bridge, or is making any 
intra-port transit, which transit may include but is not limited to 
movement from a dock to a dock, from a dock to an anchorage, from an 
anchorage to a dock, or from an anchorage to an anchorage, within either 
of the following areas:
    (1) The waters of the Cape Fear River from the boundary line 
established by 46 CFR 7.60 to Latitude 34[deg] 16.5[min]N.
    (2) The waters of the Northeast Cape Fear River from its confluence 
with the Cape Fear River at Point Peter to Latitude 34[deg]17[min]N.
    (b) This subpart does not apply to any vessel on the waters 
specified in paragraph (a) of this section if the laws of the State of 
North Carolina require a State-licensed pilot on the vessel.

[CGD 97-073, 63 FR 57255, Oct. 27, 1998]



            Subpart J_Vessels Subject to Requirements of STCW

    Source: CGD 95-062, 62 FR 34539, June 26, 1997, unless otherwise 
noted.



Sec. 15.1101  General.

    (a) Definitions. For purposes of this subpart, the term--
    (1) STCW means the International Convention on Standards of 
Training, Certification and Watchkeeping for Seafarers, 1978, as amended 
in 1995;
    (2) STCW Code means the Seafarer's Training, Certification and 
Watchkeeping Code;
    (3) Seagoing vessel means a self-propelled vessel in commercial 
service that operates beyond the Boundary Line established by 46 CFR 
part 7. It

[[Page 271]]

does not include a vessel that navigates exclusively on inland waters;
    (4) Rest means a period of time during which the person concerned is 
off duty, is not performing work (which includes administrative tasks 
such as chart corrections or preparation of port-entry documents), and 
is allowed to sleep without being interrupted; and
    (5) Overriding operational conditions means circumstances in which 
essential shipboard work cannot be delayed for safety or environmental 
reasons, or could not reasonably have been anticipated at the 
commencement of the voyage.
    (b) Except as otherwise provided in Sec. 15.1103(d), the 
regulations in this subpart apply to seagoing vessels subject to STCW.
    (c) A vessel that has on board a valid Safety Management Certificate 
and a copy of a Document of Compliance issued for that vessel in 
accordance with 46 U.S.C. 3205 is presumed in compliance with the 
regulations in this subpart.



Sec. 15.1103  Employment and service within restrictions of a license,

document, and STCW endorsement or of a certificate of training.

    (a) On board a seagoing vessel operating beyond the Boundary Line, 
no person may employ or engage any person to serve, and no person may 
serve, in a position requiring a person to hold an STCW endorsement, 
including master, chief mate, chief engineer, second engineer, officer 
of the navigational or engineering watch, or radio operator, unless the 
person serving holds an appropriate, valid STCW certificate or 
endorsement issued in accordance with part 10 or 12 of this chapter.
    (b) On board a seagoing vessel of 500 GT or more as determined under 
the International Tonnage Convention, no person may employ or engage any 
person to serve, and no person may serve, as a rating forming part of 
the navigational watch, except for training, unless the person serving 
holds an appropriate, valid STCW certificate or endorsement issued in 
accordance with part 12 of this chapter.
    (c) After January 31, 2002, on board a seagoing vessel driven by 
main propulsion machinery of 750 kW [1,000 hp] propulsion power or more, 
no person may employ or engage any person to serve, and no person may 
serve, in a rating forming part of a watch in a manned engine-room, nor 
may any person be designated to perform duties in a periodically 
unmanned engine-room, except for training or for the performance of 
duties of an unskilled nature, unless the person serving holds an 
appropriate, valid STCW certificate or endorsement issued in accordance 
with part 12 of this chapter.
    (d) You must hold documentary evidence to show you meet the 
requirements of Sec. 10.1005 (if licensed) or Sec. 12.30-5 (if 
unlicensed) of this chapter if you are a master or crewmember on board a 
Ro-Ro passenger ship to which a certificate signifying compliance with 
the International Convention for the Safety of Life at Sea, 1974, as 
amended (SOLAS), has been issued.
    (e) You must hold documentary evidence to show you meet the 
requirements of Sec. 10.1105 (if licensed) or Sec. 12.35-5 (if 
unlicensed) of this chapter if you are a master or crewmember on board a 
vessel that is--
    (1) Subject to the STCW;
    (2) Not a Ro-Ro passenger ship; and
    (3) Carrying more than 12 passengers when on an international 
voyage.
    (f) After January 31, 2002, on board a seagoing vessel required to 
comply with provisions of the Global Maritime Distress and Safety System 
(GMDSS) in Chapter IV of SOLAS, no person may employ or engage any 
person to serve, and no person may serve, as the master, chief mate, or 
officer of the navigational watch, unless the person serving holds the 
appropriate certificate for operator of radio in GMDSS.
    (g) On board a seagoing vessel required to comply with provisions of 
the GMDSS in Chapter IV of SOLAS, no person may employ or engage any 
person to serve, and no person may serve, as the person designated to 
maintain GMDSS equipment at sea, when the service of a person so 
designated is used to meet the maintenance requirements of SOLAS 
Regulation IV/15, which allows for capability of at-sea electronic 
maintenance to ensure that radio equipment is available for radio 
communication, unless the person so serving holds documentary evidence

[[Page 272]]

that he or she is competent to maintain GMDSS equipment at sea.
    (h) After January 31, 2002, on board a seagoing vessel fitted with 
an Automatic Radar Plotting Aid (ARPA), no person may employ or engage 
any person to serve, and no person may serve, as the master, chief mate, 
or officer of the navigational watch, unless the person so serving has 
been trained in the use of ARPA in accordance with Sec. 10.205 or Sec. 
10.209 of this chapter, whichever is appropriate.

[CGD 95-062, 62 FR 34539, June 26, 1997, as amended by USCG-1999-5610, 
67 FR 55069, Oct. 30, 2002; USCG-2004-18884, 69 FR 58344, Sept. 30, 
2004]



Sec. 15.1105  Familiarization and basic safety-training.

    (a) After January 31, 1997, on board a seagoing vessel, no person 
may assign any person to perform shipboard duties, and no person may 
perform those duties, unless the person performing them has received--
    (1) Training in personal survival techniques as set out in the 
standard of competence under STCW Regulation VI/1; or
    (2) Sufficient familiarization training or instruction that he or 
she--
    (i) Can communicate with other persons on board about elementary 
safety matters and understand informational symbols, signs, and alarm 
signals concerning safety;
    (ii) Knows what to do if a person falls overboard; if fire or smoke 
is detected; or if the firm alarm or abandon-ship alarm sounds;
    (iii) Can identify stations for muster and embarkation, and 
emergency-escape routes;
    (iv) Can locate and don life-jackets;
    (v) Can raise the alarm and knows the use of portable fire 
extinguishers;
    (vi) Can take immediate action upon encountering an accident or 
other medical emergency before seeking further medical assistance on 
board; and
    (vii) Can close and open the fire doors, weather-tight doors, and 
watertight doors fitted in the vessel other than those for hull 
openings.
    (b) After January 31, 1997, on board a seagoing vessel, no person 
may assign a shipboard duty or responsibility to any person who is 
serving in a position that must be filled as part of the required crew 
complement, and no person may perform any such duty or responsibility, 
unless he or she is familiar with it and with all vessel's arrangements, 
installations, equipment, procedures, and characteristics relevant to 
his or her routine or emergency duties or responsibilities, in 
accordance with STCW Regulation I/14.
    (c) After January 31, 1997, on board a seagoing vessel, no person 
may assign a shipboard duty or responsibility to any person who is 
serving in a position that must be filled as part of the required crew 
complement or who is assigned a responsibility on the muster list, and 
no person may perform any such duty or responsibility, unless the person 
performing it can produce evidence of having--
    (1) Received appropriate approved basic safety training or 
instruction as set out in the standards of competence under STCW 
Regulation VI/1, with respect to personal survival techniques, fire 
prevention and fire-fighting, elementary first aid, and personal safety 
and social responsibilities; and
    (2) Achieved or, if training has been completed, maintained 
competence within the last 5 years, in accordance with STCW regulation 
VI/1.
    (d) Fish-processing vessels in compliance with the provisions of 46 
CFR part 28 on instructions, drills, and safety orientation are deemed 
to be in compliance with the requirements of this section on 
familiarization and basic safety-training.

[CGD 95-062, 62 FR 34539, June 26, 1997, as amended by USCG-2004-18884, 
69 FR 58344, Sept. 30, 2004]



Sec. 15.1107  Maintenance of merchant mariners' records by owner

or operator.

    Each owner or operator of a U.S.-documented seagoing vessel shall 
ensure that procedures are in place, in respect of each merchant mariner 
holding a license or merchant mariner's document and serving on any such 
vessel, to ensure that the following information is maintained 
throughout his or her service, and is readily accessible to those in 
management responsible for the safety of the vessel and for the 
prevention of marine pollution:

[[Page 273]]

    (a) Medical fitness (such as results of a recent evaluation by a 
medical professional certifying that the mariner is physically able to 
perform the tasks and duties normally associated with a particular 
shipboard position or does not have an apparent medical condition that 
disqualifies him or her from the requirements of a particular shipboard 
position).
    (b) Experience and training relevant to assigned shipboard duties 
(i.e., record of training completed, and of relevant on-the-job 
experience acquired).
    (c) Competency in assigned shipboard duties (evidenced by copies of 
current licenses, documents, or endorsements that the mariner holds, as 
well as by a record of the most recent basic safety assessment and by 
instances where ship-specific familiarization has been achieved and 
maintained).



Sec. 15.1109  Watches.

    Each master of a vessel that operates beyond the Boundary Line shall 
ensure observance of the principles concerning watchkeeping set out in 
STCW Regulation VIII/2 and section A-VIII/2 of the STCW Code.



Sec. 15.1111  Work hours and rest periods.

    (a) After January 31, 1997, each person assigned duty as officer in 
charge of a navigational or engineering watch, or duty as a rating 
forming part of a navigational or engineering watch, on board any vessel 
that operates beyond the Boundary Line shall receive a minimum of 10 
hours of rest in any 24-hour period.
    (b) The hours of rest required under paragraph (a) of this section 
may be divided into no more than two periods, of which one must be at 
least 6 hours in length.
    (c) The requirements of paragraphs (a) and (b) of this section need 
not be maintained in the case of an emergency or drill or in other 
overriding operational conditions.
    (d) The minimum period of 10 hours of rest required under paragraph 
(a) of this section may be reduced to not less than 6 consecutive hours 
as long as--
    (1) No reduction extends beyond 2 days; and
    (2) Not less than 70 hours of rest are provided each 7-day period.
    (e) The minimum period of rest required under paragraph (a) of this 
section may not be devoted to watchkeeping or other duties.
    (f) Watchkeeping personnel remain subject to the work-hour limits in 
46 U.S.C. 8104 and to the conditions when crew members may be required 
to work.
    (g) The Master shall post watch schedules where they are easily 
accessible. They must cover each affected member of the crew and must 
take into account the rest requirements of this section as well as port 
rotations and changes in the vessel's itinerary.



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.
16.107 Waivers.
16.109 Public Interest Exclusion (PIE).
16.113 Chemical drug testing.
16.115 Penalties.

                   Subpart B_Required Chemical Testing

16.201 Application.
16.203 Employer, MRO, and SAP responsibilities.
16.205 Implementation of chemical testing programs.
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 [Reserved]

                 Subpart D_Employee Assistance Programs

16.401 Employee Assistance Program (EAP).

                 Subpart E_Management Information System

16.500 Management Information System requirements.

Appendix A [Reserved]

    Authority: 46 U.S.C. 2103, 3306, 7101, 7301, and 7701; Department of 
Homeland Security Delegation No. 0170.1.

[[Page 274]]


    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.
    Consortium/Third party administrator (C/TPA) means a service agent 
who provides or coordinates the provision of a variety of drug and 
alcohol testing services to employers. C/TPAs typically perform 
administrative tasks concerning the operation of the employers' drug and 
alcohol testing programs. This term includes, but is not limited to, 
groups of employers who join together to administer, as a single entity, 
the DOT drug and alcohol testing programs of its members.
    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)).
    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 40 was reported as 
``positive'' by a Medical Review Officer because the chemical test 
indicated the presence of a dangerous drug at a level equal to or 
exceeding the levels established in 49 CFR part 40.
    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 (MRO) means a person who is a licensed 
physician and who is responsible for receiving and reviewing laboratory 
results generated by an employer's drug testing program and evaluating 
medical explanations for certain drug test results.
    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 desired trackline, keeping account of the vessel's 
progress through the water, ordering or executing changes in

[[Page 275]]

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 for random drug testing means the number of verified 
positive results for random drug tests conducted under this part plus 
the number of refusals of random drug tests required by this part, 
divided by the total number of random drug test results (i.e., 
positives, negatives, and refusals) under this part.
    Refuse to submit means you refused to take a drug test as set out in 
49 CFR 40.191.
    Serious marine incident means an event defined in 46 CFR 4.03-2.
    Service agent means any person or entity that provides services 
specified under this part or 49 CFR part 40 to employers and/or 
crewmembers in connection with DOT drug and alcohol testing 
requirements. This includes, but is not limited to, collectors, BATs and 
STTs, laboratories, MROs, substance abuse professionals, and C/TPAs. To 
act as service agents, persons and organizations must meet the 
qualifications set forth in applicable sections of 49 CFR part 40. 
Service agents are not employers for purposes of this part.
    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.
    Stand-down means the practice of temporarily removing a crewmember 
from the performance of safety-sensitive functions based only on a 
report from a laboratory to the MRO of a confirmed positive test for a 
drug or drug metabolite, an adulterated test, or a substituted test, 
before the MRO has completed verification of the test result.
    Substance Abuse Professional (SAP) means a person who evaluates 
employees who have violated a DOT drug and alcohol regulation and makes 
recommendations concerning education, treatment, follow-up testing, and 
aftercare.
    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; USCG-2000-7759, 66 
FR 42967, Aug. 16, 2001; USCG-2003-16414, 69 FR 6577, Feb. 11, 2004]



Sec. 16.107  Waivers.

    (a) To obtain a waiver from 49 CFR 40.21 or from this part you must 
send your request for a waiver to the Commandant (G-MOA).
    (b) Employers for whom compliance with this part would violate the 
domestic laws or policies of another country may request an exemption 
from the drug testing requirements of this part by submitting a written 
request to Commandant (G-MOA), at the address listed in Sec. 16.500(a).
    (c) An employer may request a waiver from the Coast Guard in order 
to stand-down a crewmember following the Medical Review Officer's 
receipt of a laboratory report of a confirmed positive test for a drug 
or drug metabolite, an adulterated test, or a substituted test 
pertaining to the crewmember. Consistent with 49 CFR 40.21, the request 
for a waiver must include as a minimum: Information about the 
organization and the proposed written company policy concerning stand-
down.

[[Page 276]]

Specific elements required in the written waiver request are contained 
in 49 CFR 40.21(c).

[USCG-2000-7759, 66 FR 42967, Aug. 16, 2001]



Sec. 16.109  Public Interest Exclusion (PIE).

    Service agents are subject to Public Interest Exclusion (PIE) 
actions in accordance with 49 CFR Part 40, subpart R. The PIE is an 
action which excludes from participation in DOT's drug and alcohol 
testing program any service agent who, by serious noncompliance with 
this part or with 49 CFR part 40, has shown that it is not currently 
acting in a responsible manner.

[USCG-2000-7759, 66 FR 42968, Aug. 16, 2001]



Sec. 16.113  Chemical drug testing.

    (a) Drug testing programs required by this part must be conducted in 
accordance with 49 CFR part 40, Procedures for Transportation Workplace 
Testing Programs. This subpart summarizes the responsibilities of 
documented and licensed mariners, marine employers, MRO, SAP and other 
chemical testing service providers in 49 CFR part 40. The regulations in 
49 CFR part 40 should be consulted to determine the specific procedures 
which must be established and utilized. Drug testing programs required 
by this part must use only drug testing laboratories certified by the 
Department of Health and Human Services (DHHS).
    (b) Each specimen collected in accordance with this part will be 
tested, as provided in 49 CFR 40.85, for the following:
    (1) Marijuana;
    (2) Cocaine;
    (3) Opiates;
    (4) Phencyclidine (PCP); and
    (5) Amphetamines.

[USCG-2000-7759, 66 FR 42968, Aug. 16, 2001]



Sec. 16.115  Penalties.

    Violation of this part is subject to the civil penalties set forth 
in 46 U.S.C. 2115. Any person who fails to implement or conduct, or who 
otherwise fails to comply with the requirements for chemical testing for 
dangerous drugs as prescribed under this part, is liable to the United 
States Government for a civil penalty of not more than $5,000 for each 
violation. Each day of a continuing violation will constitute a separate 
violation.

[USCG-2000-7759, 66 FR 42968, Aug. 16, 2001]



                   Subpart B_Required Chemical Testing



Sec. 16.201  Application.

    (a) Chemical testing of personnel must be conducted as required by 
this subpart and in accordance with the procedures detailed in 49 CFR 
part 40.
    (b) If an individual fails a chemical test for dangerous drugs under 
this part, the individual will be presumed to be a user of dangerous 
drugs.
    (c) If an individual holding a license, certificate of registry, or 
merchant mariner's document fails a chemical test for dangerous drugs, 
the individual's employer, prospective employer, or sponsoring 
organization must report the test results in writing to the nearest 
Coast Guard Officer in Charge, Marine Inspection (OCMI). The individual 
must be denied employment as a crewmember or must be removed from duties 
which directly affect the safe operation of the vessel as soon as 
practicable and is subject to suspension and revocation proceedings 
against his or her license, certificate of registry, or merchant 
mariner's document under 46 CFR part 5.
    (d) If an individual who does not hold a license, certificate of 
registry, or merchant mariner's document fails a chemical test for 
dangerous drugs, the individual shall be denied employment as a 
crewmember or removed from duties which directly affect the safe 
operation of the vessel as soon as possible.
    (e) An individual who has failed a required chemical test for 
dangerous drugs may not be re-employed aboard a vessel until the 
requirements of paragraph (f) of this section and 46 CFR Part 5, if 
applicable, have been satisfied.
    (f) Before an individual who has failed a required chemical test for 
dangerous drugs may return to work aboard a vessel, the MRO must 
determine that the individual is drug-free and the risk of subsequent 
use of dangerous drugs by that person is sufficiently low to justify his 
or her return

[[Page 277]]

to work. In addition, the individual must agree to be subject to 
increased unannounced testing--
    (1) For a minimum of six (6) tests in the first year after the 
individual returns to work as required in 49 CFR part 40; and
    (2) For any additional period as determined by the MRO up to a total 
of 60 months.

[CGD 86-607, 53 FR 47049, November 11, 1988, as amended by CGD 90-014, 
56 FR 31034, July 8, 1991; USCG-2000-7759, 66 FR 42968, Aug. 16, 2001]



Sec. 16.203  Employer, MRO, and SAP responsibilities.

    (a) Employers. (1) Employers must ensure that they and their 
crewmembers meet the requirements of this part.
    (2) Employers are responsible for all the actions of their 
officials, representatives, and agents in carrying out the requirements 
of this part.
    (3) All agreements and arrangements, written or unwritten, between 
and among employers and service agents concerning the implementation of 
DOT drug testing requirements are deemed, as a matter of law, to require 
compliance with all applicable provisions of this part and DOT agency 
drug testing regulations. Compliance with these provisions is a material 
term of all such agreements and arrangements.
    (b) Medical Review Officer (MRO). (1) Individuals performing MRO 
functions must meet the training requirements and follow the procedures 
in 49 CFR Part 40.
    (2) MROs may report chemical drug test results to the Coast Guard 
for unemployed, self-employed, or individual mariners.
    (c) Substance Abuse Professional (SAP). Individuals performing SAP 
functions must meet the training requirements and follow the procedures 
in 49 CFR Part 40.

[USCG-2000-7759, 66 FR 42968, Aug. 16, 2001]



Sec. 16.205  Implementation of chemical testing programs.

    (a) When a vessel owned in the United States is operating in waters 
that are not subject to the jurisdiction of the United States, the 
testing requirements of Sec. Sec. 16.210 and 16.230 do not apply to a 
citizen of a foreign country engaged or employed as pilot in accordance 
with the laws or customs of that foreign country.
    (b) Upon written request of an employer, Commandant (G-MOA) will 
review the employer's chemical testing program to determine compliance 
with the provisions of this part.

[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; CGD 95-028, 62 FR 51196, Sept. 30, 1997]



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 
Sec. Sec. 10.209(h) and 12.02-9(f) of this subchapter, an applicant for 
an original issuance or a renewal of a license or a certificate of 
registry (COR), a raise in grade of a license, a higher grade of COR, an 
original issuance of a merchant mariner's document (MMD), the first 
endorsement as an able seaman, lifeboatman, qualified member of the 
engine department, or tankerman, or a reissuance of an MMD with a new 
expiration date shall be required to pass a chemical test for dangerous 
drugs. The applicant shall provide the results of the test to

[[Page 278]]

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.
    (1) The Commandant's decision to increase or decrease the minimum 
annual percentage rate for random drug

[[Page 279]]

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 280]]



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 must maintain records of chemical tests as provided in 
49 CFR 40.333 and must make these records available to Coast Guard 
officials upon request.
    (b) The records shall be sufficient to:
    (1) Satisfy the requirements of Sec. Sec. 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; USCG-2000-7759, 66 FR 42968, Aug. 16, 2001]

Subpart C [Reserved]



                 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.

[[Page 281]]



                 Subpart E_Management Information System



Sec. 16.500  Management Information System requirements.

    (a) Data collection. (1) All marine employers must submit drug 
testing program data required by 49 CFR 40.26 and Appendix H to 49 CFR 
part 40.
    (2) The provisions in 49 CFR part 40 for alcohol testing do not 
apply to the Coast Guard or to marine employers, and alcohol testing 
data is not required or permitted to be submitted by this section.
    (b) Data reporting. (1) By March 15 of the year following the 
collection of the data in paragraph (a) of this section, marine 
employers must submit the data on the form titled U.S. Department of 
Transportation Drug and Alcohol Testing MIS Data Collection Form (OMB 
Number: 2105-0529) by mail to Commandant (G-MOA), 2100 Second Street, 
SW, Washington, DC 20593-0001 or by Internet at http://www.uscg.mil/hq/
g-m/moa/dapip.htm.
    (2) The DOT Drug and Alcohol Testing MIS form can be downloaded and 
printed from http://www.uscg.mil/hq/g-m/moa/dapip.htm or may be obtained 
from any Sector Office.
    (3) A consortium or other employer representative may submit data 
for a marine employer. Reports may contain data for more than one marine 
employer. Each report, however, must list the marine employers included 
in the report.
    (4) Marine employers must ensure that data submitted by a consortium 
or other employer representative under paragraph (b)(3) of this section 
is correct.
    (c) After filing 3 consecutive annual MIS reports since January 1, 
1996, required by paragraph (b) of this section, marine employers with 
10 or fewer covered employees may stop filing the annual report each 
succeeding year during which they have no more than 10 covered 
employees.

[USCG-1998-4469, 64 FR 22559, Apr. 27, 1999; 64 FR 31989, June 15, 1999, 
as amended by USCG-2003-16414, 69 FR 6578, Feb. 11, 2004; USCG-2006-
25556, 72 FR 36330, July 2, 2007]

                          Appendix A [Reserved]

[[Page 283]]

                                  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 U.S. Coast Guard, 
Department of Homeland Security. This index is updated as of October 1, 
2007.

                                               Part, subpart, or section

                                 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
Examination......................................................12.05-9
General requirements for.........................................12.05-3
Hearing test.....................................................12.05-5
Medical examination..............................................12.05-5
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)
National Maritime Center..........................................10.105
Original license...............................................10.202(a)
Raise of grade of license......................................10.207(a)
Regional Examination Center.......................................10.105
Renewal of license.............................................10.209(a)
Seamen's documents...............................................12.02-9
Apprentice engineers............................................12.25-35
Apprentice mate (steersman) of towing vessels.....................10.466

[[Page 284]]

Approved courses..................................................10.302
Assistance towing:
Definition.................................................10.104,15.301
License endorsement authorizing...................................10.482
Vessel manning requirement........................................15.410
Assistant electrician, ranking rating defined.................12.15-3(b)
Assistant engineer (See also subpart B--General Requirements)
Definition........................................................10.104
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........................................................10.104
License requirements..............................................10.474
Barge supervisor:
Definition........................................................10.104
License requirements..............................................10.472
Basis and purpose of regulations........10.101, 12.01-1, 14.101, 15.101, 
                                                                  16.101
Boatswain, definition.............................................10.104

                                 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 Qualified Member of the 
Engineer Department (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 Qualified 
Member of the Engineer Department (QMED):
General requirements............................................12.25-10
When required....................................................12.25-1
Certificates, report loss or recovery of........................12.02-24
Certification as Qualified Member of the Engineer Department 
(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
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

[[Page 285]]

Other than able seaman and Qualified Member of the Engineer 
Department (QMED), when required.................................12.25-1
Preparation and issuance of documents...........................12.02-17
Qualified Member of the Engineer Department (QMED) physical 
requirements.....................................................12.15-5
Student observers...............................................12.25-30
Character check and references for original license............10.205(f)
Chemical testing for dangerous drugs:
Applicability.....................................................16.201
Definitions.......................................................16.105
Employee assistance program.......................................16.401
Periodic testing..................................................16.220
Pre-employment testing............................................16.210
Purpose...........................................................16.101
Random testing....................................................16.230
Reasonable cause testing..........................................16.250
Records...........................................................16.260
Serious marine incident testing...................................16.240
Chief engineer: (See also subpart B--General Requirements)
Definition........................................................10.104
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........................................................10.104
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)
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

                                 D

Day, definition...................................................10.104
Decision of Officer in Charge, right of appeal....................10.204
Deck crew, definition.............................................15.301
Deck engine mechanic............................................12.15-13
Definitions:
Apprentice mate (steersman) of towing vessels.....................10.104

[[Page 286]]

Approved Training.................................................10.104
Assistance towing.........................................10.104, 15.301
Assistant engineer................................................10.104
Ballast control operator..........................................10.104
Barge supervisor..................................................10.104
Boatswain.........................................................10.104
Chemical test.....................................................16.105
Chief engineer....................................................10.104
Chief mate........................................................10.104
Consortium/third party administrator..............................16.105
Conviction........................................................10.104
Crewmember........................................................16.105
Dangerous drug............................................10.104, 16.105
Dangerous drug level..............................................16.105
Day...............................................................10.104
Deck crew.........................................................15.301
Designated duty Engineer..........................................10.104
Drug test.........................................................16.105
Employer..........................................................16.105
Employment assigned to............................................10.104
Endorsement.......................................................10.104
Evaluation...............................................10.104, 12.01-6
Fails a test for dangerous drugs..................................16.105
First assistant engineer..........................................10.104
Great Lakes.......................................................10.104
Horsepower........................................................10.104
Inland waters.....................................................10.104
Intoxicant........................................................16.105
Lower level license...............................................10.104
Marine employer...................................................16.105
Master............................................................10.104
Mate..............................................................10.104
Medical review officer............................................16.105
Mobile offshore drilling unit.....................................10.104
Month.............................................................10.104
Near coastal......................................................10.104
Oceans............................................................10.104
Officer in Charge, Marine Inspection..............................10.104
Offshore installation manager.....................................10.104
On location.......................................................10.104
Operation (of a vessel)...........................................16.105
Operator..........................................................10.104
Orally assisted examination.......................................10.104
Original document................................................12.01-6
Original license..................................................10.104
Qualified rating.................................................12.01-6
Raise of grade....................................................10.104
Rivers............................................................10.104
Self-propelled....................................................15.301
Senior company official...........................................10.104
Serious marine incident...........................................16.105
Service agent.....................................................16.105
Sponsoring organization...........................................16.105
Staff officer.....................................................15.301
Underway..........................................................10.104
Undocumented vessel...............................................10.104
Upper level license...............................................10.104
Vessel owned in the United States.................................16.105

[[Page 287]]

Western Rivers....................................................10.104
Year..............................................................10.104
Denial of license..............................................10.202(g)
Denial of seaman's certificate...................................12.02-4
Designated duty engineer (See also subpart B--General Requirements)
Definition........................................................10.104
License requirements..............................................10.524
Service authority.........................................10.501, 15.915
Detention of a vessel..........................................15.701(c)
Discharge certificate, duplicate, issuance......................12.02-23
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............................................14.205
When required....................................................12.02-7
Where issued.....................................................12.02-3
Drugs, disqualifying for license or COR........................10.201(b)
Drug testing:
Applicability.....................................................16.201
Definitions.......................................................16.105
Employee assistance program.......................................16.401
Periodic testing..................................................16.220
Pre-employment testing............................................16.210
Purpose...........................................................16.101
Random testing....................................................16.230
Reasonable cause testing..........................................16.250
Records...........................................................16.260
Serious marine incident testing...................................16.240
Dual mode ITB..................................................10.211(d)
Duplicate license:
Fee...............................................................10.109
Issuance..........................................................10.219
Duplicate seamen's documents:
Application.....................................................12.02-23
Fee.............................................................12.02-18
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........................................................10.104
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)

[[Page 288]]

Qualified Member of the Engineer Department (QMED)..............12.15-11
Staff officer................................................12.02-11(e)
Pilot's endorsement to master's, mate'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
Towing Vessels....................................................15.910
Equivalent, service............................................10.211(e)
Evaluation:
Definition...............................................10.104, 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
Ratings other than able seaman or Qualified Member of the Engineer 
Department (QMED)...............................................12.25-10
Reexamination...................................................12.02-17
To be given as soon as practicable..............................12.02-17
Expired license, reissue.......................................10.209(f)
Extension of pilot's route.....................................10.705(c)
Eyesight 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........................................................10.104
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)

[[Page 289]]

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) and (4)
Form in which seamen's documents are issued......................12.02-5

                                 G

General provisions:
Merchant mariner's documents....................................12.02-11
Endorsed as able seaman.........................................12.05-11
Endorsed as Qualified Member of the Engineer Department (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 Qualified Member of the Engineer Department (QMED) 
                                                                12.25-10
Licenses.......................................................Subpart B
Tankerman.........................................13.107, 13.203, 13.401
Great Lakes, definition...........................................10.104

                                 H

Horsepower:
Definition........................................................10.104
Limitations on engineer's license.................................10.503
Hospital corpsman..............................................10.809(b)

                                 I

Inland waters, definition.........................................10.104
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)

[[Page 290]]

Crew..............................................................15.730
License applicants.............................................10.201(c)
Lifeboatman examination.......................................12.10-5(b)
Qualified Member of the Engineer Department (QMED) examination...12.15-9
Tankerman endorsement.........13.201(g), 13.301(g), 13.401(f), 13.501(g)
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
Eligibility, generally............................................10.201
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:
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, definition...........................................10.104

                                 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
Master and mate (pilot) of towing vessels.........................15.610
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)

[[Page 291]]

Definition........................................................10.104
Great Lakes and inland:
Any gross tons....................................................10.433
Limited master....................................................10.456
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...........................................10.455
Inland:
Any gross tons....................................................10.435
Not more than 100 gross tons......................................10.457
Near coastal:
Any gross tons....................................................10.404
Limited master....................................................10.429
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
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
Uninspected fishing industry vessels..............................10.462
Master of towing vessel...........................................10.464
Eligibility for towing license....................................10.210
Mate: (See also subpart B--General Requirements)
Definition........................................................10.104
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
Mate (pilot) of towing vessels....................................10.465
Eligibility for towing license....................................10.210
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
Qualified Member of the Engineer Department (QMED)...............12.15-5
Raise of grade of license......................................10.207(e)
Renewal of license.............................................10.209(d)
Tankerman.........................................................13.125

[[Page 292]]

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 for 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
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 Qualified Member 
of the Engineer Department (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 Qualified Member of 
the Engineer Department (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
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..........................14.205
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
When required....................................................12.02-7
Where issued.....................................................12.02-3
Military service..................................................10.213
Mobile offshore drilling units:
Definition........................................................10.104
Licenses for......................................................10.468
Manning of........................................................15.520
Month, definition.................................................10.104

                                 N

Near coastal, definition..........................................10.104

                                 O

Oath:
License........................................................10.202(d)
Seaman's documents..............................................12.02-15
Oceans, definition................................................10.104
Officer in Charge, Marine Inspection, definition..........10.104, 15.301

[[Page 293]]

Officers' Competency Certificates Convention, 1936................15.701
Offshore installation manager:
Definition........................................................10.104
Required service (See also subpart B--General Requirements).......10.470
On location, definition...........................................10.104
Operation (of a vessel), definition...............................16.105
Operator, definition..............................................10.104
Operator of uninspected passenger vessels:
Equivalents.......................................................15.905
Required service: (See also subpart B--General Requirements)......10.467
Operator of uninspected towing vessels:
Equivalents (see Master of towing vessels)..............................
Required service (see Master of towing vessels).........................
Orally assisted examinations:
Able seaman...................................................12.05-9(a)
Definition........................................................10.104
License.....................................................10.205(i)(1)
Lifeboatman...................................................12.10-5(a)
Qualified Member of the Engineer Department (QMED)...............12.15-9
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)
Definition........................................................10.104
Experience requirements........................................10.205(e)
Fees..............................................................10.109
Fingerprint records.........................................10.205(f)(2)
Firefighting certificate required..............................10.205(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.........................................................13.125
Qualified Member of the Engineer Department (QMED)...............12.15-5
Physical requirements:
Able seaman......................................................12.05-5
Original license...............................................10.205(d)
Pilot, annual.....................................................10.709

[[Page 294]]

Qualified Member of the Engineer Department (QMED)...............12.15-5
Raise of grade of license......................................10.207(e)
Renewal of license.............................................10.209(d)
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 of 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
Public interest exclusion.........................................16.109
Purser....................................................10.803, 10.807

                                 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........................................................10.104
Documentary evidence of service.............................10.207(c)(2)

[[Page 295]]

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)
Master of towing vessels....................................10.209(c)(6)
Mate of towing vessels......................................10.209(c)(6)
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................................................10.104

                                 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
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

[[Page 296]]

Endorsements....................................................12.02-11
Entry ratings, commitment of employment required.................12.25-5
Fees............................................................12.02-18
Form in which issued....................................12.02-5, 12.02-1
Loss............................................................12.02-23
Oath requirement................................................12.02-15
Other than able seaman or Qualified Member of the Engineer 
Department (QMED), when required.................................12.25-1
Preparation and issuance........................................12.02-17
Qualified Member of the Engineer Department (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 (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...............................10.104
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..........................................14.309
Form..............................................................14.207
Posting...........................................................14.211
Paying off during voyage..........................................14.301
Preparation.......................................................14.209
Reporting shipment and discharge of seamen................14.213, 14.311
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

[[Page 297]]

                                 T

Tankerman:
Examination requirements.........................................Part 13
General requirements..............................................13.107
Physical requirements.............................................13.125
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)
Towing officers' assessment record.............................10.304(h)
Training 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

                                 U

Underway, definition..............................................10.104
Undocumented vessel, definition...................................10.104
Uninspected passenger vessels:
Equivalent licenses...............................................15.905
License (See also subpart B--General Requirements)................10.467
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...................................10.104

                                 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
Western Rivers, definition........................................10.104

[[Page 298]]

Working hours.....................................................15.710

                                 Y

Year, definition..................................................10.104

[[Page 299]]



                    SUBCHAPTER C_UNINSPECTED VESSELS





PART 24_GENERAL PROVISIONS--Table of Contents




                          Subpart 24.01_Purpose

Sec.
24.01-1 Purpose of regulations.
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 Definitions

                        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; Pub. L. 103-206; 107 
Stat.2439; E.O. 12234; 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 
Department of Homeland Security Delegation No. 0170.1.

    Source: CGFR 65-50, 30 FR 16650, Dec. 30, 1965, unless otherwise 
noted.



                          Subpart 24.01_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 sail carrying passengers for hire, 
and barges carrying passengers for hire.

[CGD 95-028, 62 FR 51196, Sept. 30, 1997]



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 is applicable to all vessels indicated in Column 
5 of Table 24.05-1(a), and is applicable to all such U.S.-flag vessels, 
and to all such foreign-flag vessels, except as follows:
    (1) Any vessel operating exclusively on inland waters which are not 
navigable waters of the United States.
    (2) Any vessel while laid up and dismantled and out of commission.
    (3) With the exception of vessels of the U.S. Maritime 
Administration, any vessel with title vested in the United States and 
which is used for public purposes.

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[GRAPHIC] [TIFF OMITTED] TR15MY02.007


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[GRAPHIC] [TIFF OMITTED] TR15MY02.008


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[GRAPHIC] [TIFF OMITTED] TR15MY02.009


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[GRAPHIC] [TIFF OMITTED] TR15MY02.010


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[GRAPHIC] [TIFF OMITTED] TR15MY02.011


[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; USCG-1999-5040, 67 FR 34768, May 15, 
2002]

[[Page 306]]



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.
    (b) [Reserved]



        Subpart 24.10_Definition of Terms Used in This Subchapter

    Source: USCG-1999-5040, 67 FR 34775, May 15, 2002, unless otherwise 
noted.



Sec. 24.10-1  Definitions.

    Approved means approved by the Commandant, unless otherwise stated.
    Barge means a non-self-propelled vessel.
    Carrying freight for hire means the carriage of any goods, wares, or 
merchandise, or any other freight for a consideration, whether directly 
or indirectly flowing to the owner, charterer, operator, agent, or any 
other person interested in the vessel.
    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 or her district, which includes the inspection, 
enforcement, and administration of Subtitle II, Title 46 U.S. Code; 
Title 33 U.S. Code; and regulations issued under these statutes.
    Commandant means the Commandant of the United States Coast Guard.
    Consideration means an economic benefit, inducement, right, or 
profit, including pecuniary payment accruing to an individual, person, 
or entity but not including a voluntary sharing of the actual expenses 
of the voyage by monetary contribution or donation of fuel, food, 
beverage, or other supplies.
    Headquarters means the Office of the Commandant, United States Coast 
Guard, Washington, DC.
    International voyage means a voyage between a country to which SOLAS 
applies and a port outside that country. A country, as used in this 
definition, includes every territory for the international relations of 
which a contracting government to the convention is responsible or for 
which the United Nations is the administering authority. For the U.S., 
the term ``territory'' includes the Commonwealth of Puerto Rico, all 
possessions of the United States, and all lands held by the United 
States under a protectorate or mandate. For the purposes of this 
subchapter, vessels are not considered as being on an ``international 
voyage'' when solely navigating 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.
    Marine inspector or inspector means any person from the civilian or 
military branch of the Coast Guard assigned under the direction of an 
Officer in Charge, Marine Inspection, or any other person designated to 
perform duties related to the inspection, enforcement, and 
administration of Subtitle II, Title 46 U.S. Code; Title 33 U.S. Code; 
and regulations issued under these statutes.
    Motor vessel means any vessel more than 65 feet in length, which is 
propelled by machinery other than steam.
    Motorboat means any vessel indicated in column five of Table 24.05-
1(a) in Sec. 24.05-1, 65 feet in length or less, which is equipped with 
propulsion machinery (including steam). The length must be measured from 
end-to-end over the deck, excluding sheer. This term includes a boat 
equipped with a detachable motor. For the purpose of this subchapter, 
motorboats are included under the term vessel, unless specifically noted 
otherwise.

[[Page 307]]

    (1) The various length categories of motorboats are as follows:
    (i) Any motorboat less than 16 feet in length.
    (ii) Any motorboat 16 feet or over and less than 26 feet in length.
    (iii) Any motorboat 26 feet or over and less than 40 feet in length.
    (iv) Any motorboat 40 feet or over and not more than 65 feet in 
length.
    (2) The expression ``length must be measured from end-to-end over 
the deck excluding sheer'' means a straight-line measurement of the 
overall length from the foremost part of the vessel to the aftermost 
part of the vessel, measured parallel to the centerline. Bowsprits, 
bumpkins, rudders, outboard motor brackets, and similar fittings or 
attachments, are not to be included in the measurement. Length must be 
stated in feet and inches.
    Oceans means a route that goes beyond 20 nautical miles offshore on 
any of the following waters:
    (1) Any ocean.
    (2) The Gulf of Mexico.
    (3) The Caribbean Sea.
    (4) The Bering Sea.
    (5) The Gulf of Alaska.
    (6) Such other similar waters as may be designated by a Coast Guard 
District Commander.
    Officer in Charge, Marine Inspection or OCMI means any person from 
the civilian or military branch of the Coast Guard designated as such by 
the Commandant and who, under the direction of the Coast Guard District 
Commander, is in charge of an inspection zone for performance of duties 
related to the inspection, enforcement, and administration of Subtitle 
II, Title 46 U.S. Code; Title 33 U.S. Code; and regulations issued under 
these statutes.
    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 under charter, an individual charterer or 
individual representative of the charterer;
    (2) The master; or
    (3) A member of the crew engaged in the business of the vessel, who 
has not contributed consideration for carriage, and who is paid for 
onboard services.
    Passenger-for-hire means a passenger for whom consideration is 
contributed as a condition of carriage on the vessel, whether directly 
or indirectly flowing to the owner, charterer, operator, agent, or any 
other person having an interest in the vessel.
    Survival craft, when used on an uninspected passenger vessel over 
100 gross tons means a lifeboat, inflatable liferaft, inflatable buoyant 
apparatus, or small boat.
    Vessel, as used in this subpart includes all vessels indicated in 
column five of Table 24.05-1(a) in Sec. 24.05-1, unless otherwise noted 
in this subpart.
    Uninspected passenger vessel means an uninspected vessel--
    (1) Of at least 100 gross tons;
    (i) Carrying not more than 12 passengers, including at least one 
passenger-for-hire; or
    (ii) That is chartered with the crew provided or specified by the 
owner or the owner's representative and carrying not more than 12 
passengers; and
    (2) Of less than 100 gross tons;
    (i) Carrying not more than six passengers, including at least one 
passenger-for-hire; or
    (ii) That is chartered with the crew provided or specified by the 
owner or the owner's representative and carrying not more than six 
passengers.



                        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 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

[[Page 308]]

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.

    Uninspected Canadian pleasure craft (uninspected vessels) 
temporarily using navigable waters of the United States may carry in 
lieu of the equipment required by this subchapter, the equipment as 
required by the laws of the Dominion of Canada and the regulations of 
the Department of Transport, Ottawa, Canada.

[CGFR 65-50, 30 FR 16650, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 
51196, Sept. 30, 1997]



          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 25.10_Navigation lights

25.10-1 Applicability.
25.10-2 Definitions.
25.10-3 Navigation light certification requirements.

      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.
25.25-17 Survival craft requirements for uninspected passenger vessels 
          of at least 100 gross tons.
25.25-19 Visual distress signals.

    Subpart 25.26_Emergency Position Indicating Radio Beacons (EPIRB)

25.26-1 Definitions.
25.26-5 Commercial fishing industry vessels.
25.26-10 EPIRB requirements for uninspected passenger vessels.
25.26-20 Other manned uninspected commercial vessels.
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 semi-portable 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, 4102, 4302; Department 
of Homeland Security Delegation No. 0170.1.

    Source: CGFR 65-50, 30 FR 16653, Dec. 30, 1965, unless otherwise 
noted.

[[Page 309]]



                        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 U.S. Coast Guard, Office 
of Compliance (G-MOC), 2100 Second Street SW., Washington, DC 20593-0001 
or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html. All material 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
Standard A-16-97, Electric Navigation Lights, July 1997..........25.10-3

               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; USCG-1999-6580, 66 FR 55091, Nov. 1, 
2001]



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.............................................    1625-0099
------------------------------------------------------------------------


[CGD 83-013, 54 FR 6401, Feb. 10, 1989 and CGD 83-013, 55 FR 3959, Feb. 
6, 1990; USCG-2004-18884, 69 FR 58344, Sept. 30, 2004]



                     Subpart 25.10_Navigation Lights

    Source: USCG-1999-6580, 66 FR 55091, Nov. 1, 2001, unless otherwise 
noted.



Sec. 25.10-1  Applicability.

    This subpart applies to vessel manufacturers, distributors, and 
dealers installing navigation lights on all uninspected commercial 
vessels, except those completed before November 7, 2002.



Sec. 25.10-2  Definitions.

    As used in this subpart:
    Dealer means any person who is engaged in the sale and distribution 
of vessels to purchasers who the seller in good faith believes to be 
purchasing

[[Page 310]]

any such vessel for purposes other than resale.
    Distributor means any person engaged in the sale and distribution of 
vessels for the purpose of resale.
    Manufacturer means any person engaged in:
    (1) The manufacture, construction, or assembly of vessels, or
    (2) The importation of vessels into the United States for subsequent 
sale.
    Navigation lights are those lights prescribed by the Navigation 
Rules (Commandant Instruction 16672.2 series) to indicate a vessel's 
presence, type, operation, and relative heading.



Sec. 25.10-3  Navigation light certification requirements.

    (a) Except as provided by paragraph (b) of this section, each 
navigation light must--
    (1) Meet the technical standards of the applicable Navigation Rules;
    (2) Be certified by a laboratory listed by the Coast Guard to the 
standards of ABYC A-16 (incorporated by reference, see Sec. 25.01-3), 
or equivalent, although portable battery-powered lights need only meet 
the requirements of the standard applicable to them; and
    (3) Bear a permanent and indelible label stating the following:
    (i) ``USCG Approval 33 CFR 183.810''
    (ii) ``MEETS ----.'' (Insert the identification name or number of 
the standard under paragraph (a)(2) of this section, to which the light 
was type-tested.)
    (iii) ``TESTED BY ----.'' (Insert the name or registered 
certification-mark of the laboratory listed by the Coast Guard that 
tested the fixture to the standard under paragraph (a)(2) of this 
section.)
    (iv) Name of Manufacturer.
    (v) Number of Model.
    (vi) Visibility of the light in nautical miles (nm).
    (vii) Date on which the light was type-tested.
    (viii) Identification of bulb used in the compliance test.
    (b) If a light is too small to attach the required label--
    (1) Place the information from the label in or on the package that 
contains the light; and
    (2) Mark each light ``USCG'' followed by the certified range of 
visibility in nautical miles, for example, ``USCG 2nm.'' Once installed, 
this mark must be visible without removing the light.



      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.



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

[[Page 311]]

plastic-covered pad inserts as required by subparts 160.002 and 160.005 
of this chapter are not acceptable as equipment required by this 
paragraph.
    (d) In addition to the equipment required by paragraph (b) and (c) 
of this section, each vessel 26 feet in length or longer must have at 
least one approved ring life buoy, and each uninspected passenger vessel 
of at least 100 gross tons must have at least three ring life buoys. 
Ring life buoys must be constructed per subpart 160.050 of part 160 of 
this chapter. The exception is a ring life buoy that was approved prior 
to May 9, 1979, under former subpart 160.009 of part 160 of this chapter 
(see 46 CFR chapter I, revised as of October 1, 1979), which may be used 
as long as it is in good and serviceable condition.
    (e) Each vessel not carrying passengers for hire may substitute an 
immersion suit for a life preserver, buoyant vest, or marine buoyant 
device required under paragraphs (b) or (c) of this section. Each 
immersion suit carried in accordance with this paragraph must be of a 
type approved under subpart 160.171 of this chapter.
    (f) On each vessel, regardless of length and regardless of whether 
carrying passengers for hire, an approved commercial hybrid PFD may be 
substituted for a life preserver, buoyant vest, or marine buoyant device 
required under paragraphs (b) or (c) of this section if it is--
    (1) Used in accordance with the conditions marked on the PFD and in 
the owner's manual;
    (2) Labeled for use on commercial vessels; and
    (3) In the case of a Type V commercial hybrid PFD, worn when the 
vessel is underway and the intended wearer is not within an enclosed 
space.

[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; 
CGD 97-057, 62 FR 51042, Sept. 30, 1997; USCG-1999-5040, 67 FR 34775, 
May 15, 2002]



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 immersion 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 immersion 
suit, life preserver, or other personal flotation device.
    (d) If a personal flotation device light has a non-replaceable power 
source, the light must be replaced on or before the expiration date of 
the power source. If the light has a replaceable power source, the power 
source must be replaced on or before its expiration date 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; CGD 97-057, 62 FR 51042, Sept. 30, 1997]



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.

[[Page 312]]

    (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]



Sec. 25.25-17  Survival craft requirements for uninspected passenger

vessels of at least 100 gross tons.

    (a) Each uninspected passenger vessel of at least 100 gross tons 
must have adequate survival craft with enough capacity for all persons 
aboard and must meet one of the following requirements:
    (1) An inflatable liferaft must be approved under 46 CFR part 160, 
subparts 160.051 or 160.151, and be equipped with an applicable 
equipment pack or be approved by another standard specified by the 
Commandant. Inflatable liferafts must be serviced at a servicing 
facility approved under 46 CFR part 160, subpart 160.151.
    (2) An inflatable buoyant apparatus must be approved under 46 CFR 
part 160, subpart 160.010 or under another standard specified by the 
Commandant. An inflatable buoyant apparatus must be serviced at a 
servicing facility approved under 46 CFR part 160, subpart 160.151.
    (b) If the vessel carries a small boat or boats, the capacity of the 
small boat or boat(s) may be counted toward the survival craft capacity 
required by this part. Such small boat or boat(s) must meet the 
requirements for safe loading and floatation in 33 CFR part 183.

[USCG-1999-5040, 67 FR 34776, May 15, 2002]



Sec. 25.25-19  Visual distress signals.

    Each uninspected passenger vessel must meet the visual distress 
signal requirements of 33 CFR part 175 applicable to the vessel.

[USCG-1999-5040, 67 FR 34776, May 15, 2002]



    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 2.20.
    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.

[CGD 87-016a, 58 FR 13367, Mar. 10, 1993, as amended by USCG-2007-29018, 
72 FR 53964, Sept. 21, 2007]

[[Page 313]]



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) The owner of a fishing vessel, fish processing vessel, or a fish 
tender vessel less than 11 meters (36 feet) in length, or 11 meters or 
more in length which has a builder's certification that the vessel is 
constructed with sufficient inherently buoyant material to keep the 
flooded vessel afloat, shall ensure that the vessel does not operate on 
the high seas or beyond three miles from the coastline of the Great 
Lakes, unless it has installed in a readily accessible location at or 
near the principal steering station--
    (1) A manually activated Category 2 406 MHz EPIRB; or
    (2) A float-free, automatically activated Category 1 406 MHz EPIRB.
    (3) Until February 1, 1998, a 121.5/243.0 MHz EPIRB meeting Sec. 
25.26-30.
    (c) The owner of a fishing vessel, fish processing vessel or a fish 
tender vessel 11 meters (36 feet) or more in length that does not have 
installed galley or berthing facilities, shall ensure that the vessel 
does not operate on the high seas or beyond three miles from the 
coastline of the Great Lakes unless it has on board a float-free, 
automatically activated Category 1 406 MHz EPIRB stowed in a manner so 
that it will float free if the vessel sinks.

[CGD 87-016a, 58 FR 13367, Mar. 10, 1993; 58 FR 27658, May 11, 1993, as 
amended by CGD 95-028, 62 FR 51196, Sept. 30, 1997; USCG-1998-4442, 63 
FR 52189, Sept. 30, 1998]



Sec. 25.26-10  EPIRB requirements for uninspected passenger vessels.

    (a) Uninspected passenger vessels less than 100 gross tons are not 
required to carry an EPIRB.
    (b) The owner, operator, or master of an uninspected passenger 
vessel of at least 100 gross tons must ensure that the vessel does not 
operate beyond three miles from shore as measured from the territorial 
sea baseline seaward or more than three miles from the coastline of the 
Great Lakes, unless it has onboard a float-free, automatically activated 
Category 1 406 MHz EPIRB stowed in a manner so that it will float free 
if the vessel sinks.

[USCG-1999-5040, 67 FR 34776, May 15, 2002]



Sec. 25.26-20  Other manned uninspected commercial vessels.

    (a) 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 a float-free, 
automatically activated Category 1 406 MHz EPIRB stowed in a manner so 
that it will float free if the vessel sinks.
    (b) The owner of a manned uninspected commercial vessel less than 11 
meters (36 feet) in length, or 11 meters or more in length which has a 
builder's certification that the vessel is constructed with sufficient 
inherently buoyant material to keep the flooded vessel afloat, shall 
ensure that the vessel does not operate on the high seas or beyond three 
miles from the coastline of the Great Lakes, unless it has installed in 
a readily accessible location at or near the principal steering 
station--
    (1) A manually activated Category 2 406 MHz EPIRB; or
    (2) A float-free, automatically activated Category 1 406 MHz EPIRB.

[CGD 87-016a, 58 FR 13367, Mar. 10, 1993; 58 FR 27658, May 11, 1993, as 
amended by CGD 95-028, 62 FR 51196, Sept. 30, 1997; USCG-1998-4442, 63 
FR 52189, Sept. 30, 1998]



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

[[Page 314]]

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
    (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 semi-portable

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 run from ``I'' for the smallest 
to ``V'' for the largest. Sizes I and II are hand-portable fire 
extinguishers; sizes III, IV, and V are semi-portable fire-extinguishing 
systems, which must be fitted with hose and nozzle or other practical 
means to cover all portions of the space involved. Examples of the sizes 
for some of the typical hand-portable fire extinguishers and semi-
portable fire-extinguishing systems appear in Table 25.30-10(C):

                            Table 25.30-10(C)
------------------------------------------------------------------------
                                                                 Dry
                                  Foam,    Carbon dioxide,    chemical,
        Classification           liters       kilograms       kilograms
                                (gallons)      (pounds)       (pounds)
------------------------------------------------------------------------
B-I..........................   6.5 (1\3/            2 (4)         1 (2)
                                      4\)
B-II.........................   9.5 (2\1/           7 (15)      4.5 (10)
                                      2\)
B-III........................     45 (12)          16 (35)        9 (20)
B-IV.........................     75 (20)          23 (50)     13.5 (30)

[[Page 315]]

 
B-V..........................    150 (40)         45 (100)       23 (50)
------------------------------------------------------------------------

    (d) All hand portable fire extinguishers and semiportable fire 
extinguishing systems shall have permanently attached thereto a metallic 
name plate giving the name of the item, the rated capacity in gallons, 
quarts, or pounds, the name and address of the person or firm for whom 
approved, and the identifying mark of the actual manufacturer.
    (e) Vaporizing-liquid type fire extinguishers containing carbon 
tetrachloride or chlorobromomethane or other toxic vaporizing liquids 
are not acceptable as equipment required by this subchapter.
    (f) Hand portable or semiportable extinguishers which are required 
on their name plates to be protected from freezing shall not be located 
where freezing temperatures may be expected.
    (g) The use of dry chemical, stored pressure, fire extinguishers not 
fitted with pressure gauges or indicating devices, manufactured prior to 
January 1, 1965, may be permitted on motorboats and other vessels so 
long as such extinguishers are maintained in good and serviceable 
condition. The following maintenance and inspections are required for 
such extinguishers:
    (1) When the date on the inspection record tag on the extinguishers 
shows that 6 months have elapsed since last weight check ashore, then 
such extinguisher is no longer accepted as meeting required maintenance 
conditions until reweighed ashore and found to be in a serviceable 
condition and within required weight conditions.
    (2) If the weight of the container is \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; USCG-2000-
6931, 68 FR 22611, Apr. 29, 2003; 69 FR 34068, June 18, 2004]



Sec. 25.30-15  Fixed fire-extinguishing systems.

    (a) When a fixed fire-extinguishing system is installed, it must be 
a type approved or accepted by the Commandant (G-MSE) or the Commanding 
Officer, U.S. Coast Guard Marine Safety Center.
    (b) If the system is a carbon-dioxide type, then it must be designed 
and installed in accordance with subpart 76.15 of part 76 of subchapter 
H (Passenger Vessels) of this chapter.

[USCG-2000-6931, 69 FR 34069, June 18, 2004]



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.

[[Page 316]]



                          Table 25.30-20(a)(1)
------------------------------------------------------------------------
                                            Minimum number of B-1 hand
                                            portable fire extinguishers
                                                   required \1\
                                         -------------------------------
              Length, feet                 No fixed fire    Fixed fire
                                           extinguishing   extinguishing
                                             system in       system in
                                             machinery       machinery
                                               space           space
------------------------------------------------------------------------
Under 16................................               1               0
16 and over, but under 26...............               1               0
26 and over, but under 40...............               2               1
40 and over, but not over 65............               3               2
------------------------------------------------------------------------
\1\ One B-11 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.
    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) Uninspected passenger vessels of at least 100 gross tons. All 
uninspected passenger vessels of at least 100 gross tons must carry 
onboard hand-portable and semi-portable fire extinguishers per Table 
76.50-10(a) in Sec. 76.50-10 of this chapter.
    (c) 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.
    (d) 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

[[Page 317]]

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; CGD 97-057, 62 FR 51042, Sept. 30, 1997; USCG-
1999-5040, 67 FR 34776, May 15, 2002]



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 Sec. Sec. 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 Sec. Sec. 25.30-5 through 
25.30-20.
    (b) [Reserved]



                  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 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 built after July 31, 1980, which are manufactured or used 
primarily for noncommercial use; which are leased, rented, or chartered 
to another for the latter's noncommercial use; which are engaged in the 
carriage of six or fewer passengers; or which are in compliance with the 
requirements of 33 CFR part 183 are exempted from these requirements.
    (d) Boats built after July 31, 1978, which are manufactured or used 
primarily for noncommercial use; which are rented, leased, or chartered 
to another for the latter's noncommercial use; or which engage in 
conveying six

[[Page 318]]

or fewer passengers are exempted 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; CGD 95-028, 62 FR 51196, Sept. 30, 
1997]



          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;
    (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:

[[Page 319]]

    (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.

    Note to Sec. 25.45-2: The ABYC and NFPA standards referenced in 
this section require the posting of placards containing safety 
precautions for gas cooking systems.

[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; USCG-2000-7790, 65 FR 58458, Sept. 29, 
2000]



                     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 
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.
26.03-4 Charts and nautical publications.
26.03-6 Special permit.
26.03-8 Marine Event of National Significance special permits.
26.03-9 Voyage plans for uninspected passenger vessels of at least 100 
          gross tons.
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 26.15_Boarding

26.15-1 May board at any time.

             Subpart 26.20_Exhibition of Coast Guard 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; Pub. L. 103-206, 107 
Stat. 2439; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 
Department of Homeland Security Delegation No. 0170.1.

    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.

[[Page 320]]



              Subpart 26.03_Special Operating Requirements



Sec. 26.03-1  Safety orientation.

    (a) Before getting underway on any uninspected passenger vessel, the 
operator or master must ensure that suitable public announcements, 
instructive placards, or both, are provided in a manner that affords all 
passengers the opportunity to become acquainted with:
    (1) Stowage locations of life preservers;
    (2) Proper method of donning and adjusting life preservers of the 
type(s) carried on the vessel;
    (3) The type and location of all lifesaving devices carried on the 
vessel; and
    (4) The location and contents of the 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, as amended by USCG-1999-5040, 
67 FR 34776, May 15, 2002]



Sec. 26.03-2  Emergency instructions.

    (a) The operator or master of each uninspected passenger vessel must 
ensure that an emergency check-off list is posted in a prominent and 
accessible place to notify the passengers and remind the crew of 
precautionary measures that may be necessary if an emergency situation 
occurs.
    (b) Except where any part of the emergency instructions are deemed 
unnecessary by the Officer in Charge, Marine Inspection, the emergency 
checkoff list must contain not less than the applicable portions of the 
sample emergency checkoff list which follows:

                     Sample Emergency Checkoff List

    Measures to be considered in the event of:
    (a) Rough weather at sea or crossing hazardous bars.
[squ] All weathertight and watertight doors, hatches and airports closed 
          to prevent taking water aboard.
[squ] Bilges kept dry to prevent loss of stability.
[squ] Passengers seated and evenly distributed.
[squ] All passengers wearing life preservers in conditions of very rough 
          seas or if about to cross a bar under hazardous conditions.
[squ] An international distress call and a call to the Coast Guard over 
          radiotelephone made if assistance is needed (if radiotelephone 
          equipped).
    (b) Man overboard.
[squ] Ring buoy thrown overboard as close to the victim as possible.
[squ] Lookout posted to keep the victim in sight.
[squ] Crewmember, wearing a life preserver and lifeline, standing by 
          ready to jump into the water to assist the victim back aboard.
[squ] Coas Guard and all vessels in the vicinity notified by 
          radiotelephone (if radiotelephone equipped).
[squ] Search continued until after radiotelephone consultation with the 
          Coast Guard, if at all possible.
    (c) Fire at Sea.
[squ] Air supply to the fire cut off by closing hatches, ports, doors, 
          and ventilators, etc.
[squ] Portable extinguishers discharged at the base of the flames of 
          flammable liquid or grease fires or water applied to fires in 
          combustible solids.
[squ] If fire is in machinery spaces, fuel supply and ventilation shut 
          off and any installed fixed firefighting system discharged.
[squ] Vessel maneuvered to minimize the effect of wind on the fire.
[squ] Coast Guard and all vessels in the vicinity notified by 
          radiotelephone of the fire and vessel location (if 
          radiotelephone equipped).
[squ] 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, as amended by USCG-1999-5040, 
67 FR 34776, May 15, 2002]



Sec. 26.03-4  Charts and nautical publications.

    (a) As appropriate for the intended voyage, all vessels must carry 
adequate and up-to-date--
    (1) Charts of appropriate scale to make safe navigation possible;

[[Page 321]]

    (2) ``U.S. Coast Pilot'' or similar publication;
    (3) Coast Guard light list;
    (4) Tide tables; and
    (5) Current tables, or a river current publication issued by the 
U.S. Army Corps of Engineers, or a river authority.
    (b) As an alternative, you may substitute extracts or copies from 
the publications in paragraph (a) of this section. This information must 
be applicable to the area transited.

[USCG-1999-5040, 67 FR 34776, May 15, 2002]



Sec. 26.03-6  Special permit.

    (a) If the owner, operator, or agent donates the use of an 
uninspected passenger vessel to a charity for fundraising activities, 
and the vessel's activity would subject it to Coast Guard inspection, 
the OCMI may issue a special permit to the owner, operator, or agent for 
this purpose if, in the opinion of the OCMI, the vessel can be safely 
operated. Each special permit is valid for only one voyage of a donated 
vessel, which is used for a charitable purpose. Applications are 
considered and approved on a case-by-case basis.
    (b) The criteria of Sec. 176.204 of this chapter will apply to the 
issuance of a special permit. In addition, the owner, operator, or agent 
must meet each of these conditions--
    (1) Any charity using a donated vessel must be a bona fide charity 
or a non-profit organization qualified under section 501(c)(3) of the 
Internal Revenue Code of 1986;
    (2) All donations received from the fundraising must go to the named 
charity;
    (3) The owner, operator, or agent may obtain a special permit for an 
individual vessel not more than four times in a 12-month period; and
    (4) The owner, operator, or agent must apply to the local OCMI for a 
special permit prior to the intended voyage, allowing adequate time for 
processing and approval of the permit.
    (c) Nothing in this part may be construed as limiting the OCMI from 
making such tests and inspections, both afloat and in dry-dock, that are 
reasonable and practicable to be assured of the vessel's seaworthiness 
and safety.

[USCG-1999-5040, 67 FR 34776, May 15, 2002]



Sec. 26.03-8  Marine Event of National Significance special permits.

    (a) For a Marine Event of National Significance, as determined by 
the Commandant, U.S. Coast Guard, a vessel may be permitted to engage in 
excursions while carrying passengers-for-hire for the duration of the 
event. Event sponsors seeking this determination must submit a written 
request to the Commandant (G-MOC) at least one year prior to the event.
    (b) The owner, operator, or agent of a vessel that is registered as 
a participant in a Marine Event of National Significance may apply for a 
special permit to carry passengers-for-hire for the duration of the 
event. The master, owner, or agent of the vessel must apply to the Coast 
Guard OCMI who has jurisdiction over the vessel's first United States 
port of call. The OCMI may issue a Form CG-949 ``Permit to Carry 
Excursion Party'' if, in the opinion of the OCMI, the operation can be 
undertaken safely. The OCMI may require an inspection prior to issuance 
of a special permit to ensure that the vessel can safely operate under 
the conditions for which the permit is issued.
    (c) The permit will state the conditions under which it is issued. 
These conditions must include the number of passengers-for-hire the 
vessel may carry, the crew required, the number and type of lifesaving 
and safety equipment required, the route and operating details for which 
the permit is issued, and the dates for which the permit will be valid.
    (d) The permit must be displayed in a location visible to 
passengers.
    (e) The carrying of passengers-for-hire during a Marine Event of 
National Significance must comply with the regulations governing 
coastwise transportation of passengers under 19 CFR 4.50(b) and 19 CFR 
4.80(a).

[USCG-1999-5040, 67 FR 34776, May 15, 2002, as amended by USCG-2004-
18884, 69 FR 58344, Sept. 30, 2004]

[[Page 322]]



Sec. 26.03-9  Voyage plans for uninspected passenger vessels of 

at least 100 gross tons.

    (a) The master must prepare a voyage plan that includes a crew and 
passenger list before taking an uninspected passenger vessel of at least 
100 gross tons on a Great Lake, an ocean, or an international voyage.
    (b) Before departure, the master must communicate the voyage plan 
ashore, either verbally or in writing. The voyage plan must go to either 
the vessel's normal berthing location or a representative of the owner 
or managing operator of the vessel. The master, owner, or operator of 
the vessel must make the voyage plan available to the Coast Guard upon 
request.

[USCG-1999-5040, 67 FR 34777, May 15, 2002]



Sec. 26.03-10  Signaling light.

    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, as amended by CGD 97-057, 62 FR 
51042, Sept. 30, 1997]



    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]



                         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 Coast Guard License



Sec. 26.20-1  Must be available.

    If a person operates a vessel that carries one or more passengers-
for-hire, he or she is required to have a valid Coast Guard license 
suitable for the vessel's route and service. He or she must have the 
license in his or her possession and must produce it immediately upon 
the request of a Coast Guard boarding officer.

[USCG-1999-5040, 67 FR 34777, May 15, 2002]

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 323]]



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 27_TOWING VESSELS--Table of Contents




   Subpart A_General Provisions for Fire-Protection Measures and Fire-
                 Suppression Equipment on Towing Vessels

Sec.
27.100 What towing vessels does this part affect?
27.101 Definitions.
27.102 Incorporation by reference.

          Subpart B_Fire-Protection Measures for Towing Vessels

27.201 What are the requirements for general alarms on towing vessels?
27.203 What are the requirements for fire detection on towing vessels?
27.205 What are the requirements for internal communication systems on 
          towing vessels?
27.207 What are the requirements for fuel shut-offs on towing vessels?
27.209 What are the requirements for training crews to respond to fires?
27.211 What are the specifications for fuel systems on towing vessels 
          whose construction was contracted for on or after January 18, 
          2000?

         Subpart C_Fire-Suppression Equipment for Towing Vessels

27.301 What are the requirements for fire pumps, fire mains, and fire 
          hoses on towing vessels?
27.303 What are the requirements for fire-extinguishing equipment on 
          towing vessels in inland service, and on towing vessels in 
          ocean or coastal service whose construction was contracted for 
          before August 27, 2003?
27.305 What are the requirements for fire-extinguishing equipment on 
          towing vessels in ocean or coastal service whose construction 
          was contracted for on or after August 27, 2003?

    Authority: 46 U.S.C. 3306, 4102 (as amended by Pub. L. 104-324, 110 
Stat. 3901); Department of Homeland Security Delegation No. 0170.1.

    Source: USCG-2000-6931, 69 FR 34069, June 18, 2004, unless otherwise 
noted.



   Subpart A_General Provisions for Fire-Protection Measures and Fire-
                 Suppression Equipment on Towing Vessels



Sec. 27.100  What towing vessels does this part affect?

    (a) You must comply with this part if your towing vessel operates on 
the navigable waters of the United States, unless your vessel is one 
exempt under paragraph (b) of this section.
    (b) This part does not apply to you if your towing vessel is--
    (1) Used solely for any of the following services or any combination 
of these services--
    (i) Within a limited geographic area, such as a fleeting-area for 
barges or a commercial facility, and used for restricted service, such 
as making up or breaking up larger tows;
    (ii) For harbor-assist;
    (iii) For assistance towing as defined by 46 CFR 10.103;
    (iv) For response to emergency or pollution;
    (2) A public vessel that is both owned, or demise chartered, and 
operated by the United States Government or by a government of a foreign 
country; and that is not engaged in commercial service;
    (3) A foreign vessel engaged in innocent passage; or
    (4) Exempted by the Captain of the Port (COTP).
    (c) If you think your towing vessel should be exempt from these 
requirements for a specified route, you should submit a written request 
to the appropriate COTP. The COTP will provide you with a written 
response granting or denying your request. The COTP will consider the 
extent to which unsafe conditions would result if your

[[Page 324]]

vessel lost propulsion because of a fire in the engine room.
    (d) You must test and maintain all of the equipment required by this 
part in accordance with the attached nameplate or manufacturer's 
approved design manual.



Sec. 27.101  Definitions.

    As used in this part--
    Accommodation includes any:
    (1) Messroom.
    (2) Lounge.
    (3) Sitting area.
    (4) Recreation room.
    (5) Quarters.
    (6) Toilet space.
    (7) Shower room.
    (8) Galley.
    (9) Berthing facility.
    (10) Clothing-changing room.
    Engine room means the enclosed area where any main-propulsion engine 
is located. It comprises all deck levels within that area.
    Fixed fire-extinguishing system means:
    (1) A carbon-dioxide system that satisfies 46 CFR subpart 76.15 and 
is approved by the Commandant;
    (2) A manually-operated clean-agent system that satisfies the 
National Fire Protection Association (NFPA) Standard 2001 (incorporated 
by reference in Sec. 27.102) and is approved by the Commandant; or
    (3) A manually-operated water-mist system that satisfies NFPA 
Standard 750 (incorporated by reference in Sec. 27.102) and is approved 
by the Commandant.
    Fleeting-area means a separate location where individual barges are 
moored or assembled to make a tow. The barges are not in transport, but 
are temporarily marshaled, waiting for pickup by different vessels that 
will transport them to various destinations. A fleeting-area is a 
limited geographic area.
    Harbor-assist means docking and undocking ships.
    Limited geographic area means a local area of operation, usually 
within a single harbor or port. The local Captain of the Port (COTP) 
determines the definition of local geographic area for each zone.
    Operating station means the principal steering station on the 
vessel, from which the vessel is normally navigated.
    Towing vessel means a commercial vessel engaged in, or intending to 
engage in, pulling, pushing, or hauling alongside, or any combination of 
pulling, pushing, or hauling alongside.
    Towing vessel in inland service means a towing vessel that is not in 
ocean or coastal service.
    Towing vessel in ocean or coastal service means a towing vessel that 
operates beyond the baseline of the U.S. territorial sea.
    We means the United States Coast Guard.
    Work space means any area on the vessel where the crew could be 
present while on duty and performing their assigned tasks.
    You means the owner of a towing vessel, unless otherwise specified.



Sec. 27.102  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) and 1 CFR part 51. To enforce any edition other 
than that specified in paragraph (b) of this section, the Coast Guard 
must publish notice of the change in the Federal Register and make the 
material available for inspection. All approved material is available at 
the U.S. Coast Guard, Office of Design and Engineering Standards (G-
MSE), 2100 Second Street SW., Washington, DC 20593-0001, or from the 
sources indicated in paragraph (b) of this section, or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (b) The material approved for incorporation by reference in this 
part and the sections affected are:

American Boat and Yacht Council (ABYC), 3069 Solomons Island
 Road, Edgewater, MD 21037-1416
    H-25-1986--Portable Fuel Systems for Flammable Liquids.....   27.211
    H-33-1989--Diesel Fuel Systems.............................   27.211

[[Page 325]]

 
National Fire Protection Association (NFPA), 1 Batterymarch
 Park, Quincy, MA 02269-9101
    NFPA 302-1998--Fire Protection Standard for Pleasure, and     27.211
     Commercial Motorcraft.....................................
    NFPA 750--Standard on Water Mist Fire Protection Systems,     27.101
     2003 edition..............................................
    NFPA 2001--Standard on Clean Agent Fire Extinguishing         27.101
     Systems, 2000 edition.....................................
Society of Automotive Engineers (SAE), 400 Commonwealth Drive,
 Warrendale, PA 15096-0001
    SAE J1475-1984--Hydraulic Hose Fitting for Marine             27.211
     Applications..............................................
    SAE J1942-1989--Hose and Hose Assemblies for Marine           27.211
     Applications..............................................
 



          Subpart B_Fire-Protection Measures for Towing Vessels



Sec. 27.201  What are the requirements for general alarms on towing 

vessels?

    (a) You must ensure that your vessel is fitted with a general alarm 
that:
    (1) Has a contact-maker at the operating station that can notify 
persons on board in the event of an emergency.
    (2) Is capable of notifying persons in any accommodation, work 
space, and the engine room.
    (3) Has installed, in the engine room and any other area where 
background noise makes a general alarm hard to hear, a supplemental 
flashing red light that is identified with a sign that reads:

Attention General Alarm--When Alarm Sounds or Flashes Go to Your 
Station.

    (4) Is tested at least once each week.
    (b) You or the operator may use a public-address (PA) system or 
other means of alerting all persons on your towing vessel instead of a 
general alarm, if the system--
    (1) Is capable of notifying persons in any accommodation, work 
space, and the engine room;
    (2) Is tested at least once each week;
    (3) Can be activated from the operating station; and
    (4) Complies with paragraph (a)(3) of this section.



Sec. 27.203  What are the requirements for fire detection on towing 

vessels?

    You must have a fire-detection system installed on your vessel to 
detect engine-room fires. Any owner of a vessel whose construction was 
contracted for before January 18, 2000, may use an existing engine-room-
monitoring system (with fire-detection capability) instead of a fire-
detection system, if the monitoring system is operable and complies with 
this section. You must ensure that--
    (a) Each detector, each control panel, and each fire alarm are 
approved under 46 CFR subpart 161.002 or listed by an independent 
testing laboratory; except that, if you use an existing engine-room-
monitoring system (with fire-detection capability), each detector must 
be listed by an independent testing laboratory;
    (b) The system is installed, tested, and maintained in line with the 
manufacturer's design manual;
    (c) The system is arranged and installed so a fire in the engine 
room automatically sets off alarms on a control panel at the operating 
station;
    (d) The control panel includes--
    (1) A power-available light;
    (2) Both an audible alarm to notify crew at the operating station of 
fire and visible alarms to identify the zone or zones of origin of the 
fire;
    (3) A means to silence the audible alarm while maintaining 
indication by the visible alarms;
    (4) A circuit-fault detector test-switch; and
    (5) Labels for all switches and indicator lights, identifying their 
functions;
    (e) The system draws power from two sources, switchover from the 
primary source to the secondary source being either manual or automatic;
    (f) The system serves no other purpose, unless it is an engine-room-
monitoring system (with fire-detection capability) installed on a vessel 
whose construction was contracted for before January 18, 2000; and
    (g) The system is certified by a Registered Professional Engineer, 
or by a recognized classification society (under 46 CFR part 8), to 
comply with paragraphs (a) through (f) of this section.

[[Page 326]]



Sec. 27.205  What are the requirements for internal communication 

systems on towing vessels?

    (a) You must ensure that your vessel is fitted with a communication 
system between the engine room and the operating station that--
    (1) Consists of either fixed or portable equipment, such as a sound-
powered telephone, portable radios, or other reliable method of voice 
communication, with a main or reserve power supply that is independent 
of the electrical system on your towing vessel; and
    (2) Provides two-way voice communication and calling between the 
operating station and either--
    (i) The engine room; or
    (ii) A location immediately adjacent to an exit from the engine 
room.
    (b) Twin-screw vessels with operating-station control for both 
engines are not required to have internal communication systems.
    (c) When the operating-station's engine controls and the access to 
the engine room are within 3 meters (10 feet) of each other and allow 
unobstructed visual contact between them, direct voice communication is 
acceptable instead of a communication system.



Sec. 27.207  What are the requirements for fuel shut-offs on towing 

vessels?

    To stop the flow of fuel in the event of a break in the fuel line, 
you must have a positive, remote fuel-shut-off valve fitted on any fuel 
line that supplies fuel directly to an engine or generator. The valve 
must be near the source of supply (for instance, at the day tank, 
storage tank, or fuel-distribution manifold). Furthermore, it must be 
operable from a safe place outside the space where the valve is 
installed. Each remote valve control should be marked in clearly legible 
letters, at least 25 millimeters (1 inch) high, indicating the purpose 
of the valve and the way to operate it.



Sec. 27.209  What are the requirements for training crews to respond 

to fires?

    (a) Drills and instruction. The master or person in charge of a 
vessel must ensure that each crewmember participates in drills and 
receives instruction at least once each month. The instruction may 
coincide with the drills, but need not. You must ensure that all 
crewmembers are familiar with their fire-fighting duties, and, 
specifically, with the following contingencies:
    (1) Fighting a fire in the engine room and elsewhere on board the 
vessel, including how to--
    (i) Operate all of the fire-extinguishing equipment on board the 
vessel;
    (ii) Stop any mechanical ventilation system for the engine room and 
effectively seal all natural openings to the space to prevent leakage of 
the extinguishing agent; and
    (iii) Operate the fuel shut-off for the engine room.
    (2) Activating the general alarm.
    (3) Reporting inoperative alarm systems and fire-detection systems.
    (4) Putting on a fireman's outfit and a self-contained breathing 
apparatus, if the vessel is so equipped.
    (b) Alternative form of instruction. The master or person in charge 
of a vessel may substitute, for the instruction required in paragraph 
(a) of this section, the viewing of video training materials concerning 
at least the contingencies listed in paragraph (a), followed by a 
discussion led by someone familiar with these contingencies. This 
instruction may occur either on board or off the vessel.
    (c) Participation in drills. Drills must take place on board the 
vessel, as if there were an actual emergency. They must include--
    (1) Participation by all crewmembers;
    (2) Breaking out and using, or simulating the use of, emergency 
equipment;
    (3) Testing of all alarm and detection systems; and
    (4) Putting on protective clothing (by at least one person), if the 
vessel is so equipped.
    (d) Safety orientation. The master or person in charge of a vessel 
must ensure that each crewmember who has not (i) participated in the 
drills required by paragraph (a) of this section, and (ii) received the 
instruction required by that paragraph, receives a safety orientation 
within 24 hours of reporting for duty.

[[Page 327]]

    (e) The safety orientation must cover the particular contingencies 
listed in paragraph (a) of this section.



Sec. 27.211  What are the specifications for fuel systems on towing

vessels whose construction was contracted for on or after 
January 18, 2000?

    (a) You must ensure that, except for the components of an outboard 
engine or of a portable bilge pump or fire pump, each fuel system 
installed on board the vessel complies with this section.
    (b) Portable fuel systems. The vessel must not incorporate or carry 
portable fuel systems, including portable tanks and related fuel lines 
and accessories, except when used for outboard engines or when 
permanently attached to portable equipment such as portable bilge pumps 
or fire pumps. The design, construction, and stowage of portable tanks 
and related fuel lines and accessories must comply with ABYC H-25 
(incorporated by reference in Sec. 27.102).
    (c) Fuel restrictions. Neither you nor the master or person in 
charge may use fuel other than bunker C or diesel, except for outboard 
engines, or where otherwise accepted by the Commandant (G-MSE). An 
installation that uses bunker C, heavy fuel oil (HFO), or any fuel that 
requires pre-heating, must comply with subchapter F of this chapter.
    (d) Vent pipes for integral fuel tanks. Each integral fuel tank must 
meet the requirements of this paragraph as follows:
    (1) Each tank must have a vent that connects to the highest point of 
the tank, discharges on a weather deck through a bend of 180 degrees 
(3.14 radians), and is fitted with a 30-by-30-mesh corrosion-resistant 
flame screen. Vents from two or more tanks may combine in a system that 
discharges on a weather deck.
    (2) The net cross-sectional area of the vent pipe for the tank must 
be--
    (i) Not less than 312.3 square millimeters (0.484 square inches) for 
any tank filled by gravity; or
    (ii) Not less than that of the fill pipe for any tank filled under 
pressure.
    (e) Fuel piping. Except as permitted in paragraphs (e)(1), (2), and 
(3) of this section, each fuel line must be seamless and made of steel, 
annealed copper, nickel-copper, or copper-nickel. Each fuel line must 
have a wall thickness of not less than 0.9 millimeters (0.035 inch) 
except that--
    (1) Aluminum piping is acceptable on an aluminum-hull vessel if it 
is installed outside the engine room and is at least Schedule 80 in 
thickness; and
    (2) Nonmetallic flexible hose is acceptable if it--
    (i) Is used in lengths of not more than 0.76 meters (30 inches);
    (ii) Is visible and easily accessible;
    (iii) Does not penetrate a watertight bulkhead;
    (iv) Is fabricated with an inner tube and a cover of synthetic 
rubber or other suitable material reinforced with wire braid; and
    (v) Either,--
    (A) If it is designed for use with compression fittings, is fitted 
with suitable, corrosion-resistant, compression fittings, or fittings 
compliant with SAE J1475 (incorporated by reference in Sec. 27.102); 
or,
    (B) If it is designed for use with clamps, is installed with two 
clamps at each end of the hose. Clamps must not rely on spring tension 
and must be installed beyond the bead or flare or over the serrations of 
the mating spud, pipe, or hose fitting. Hose complying with SAE J1475 is 
also acceptable.
    (3) Nonmetallic flexible hose complying with SAE J1942 (incorporated 
by reference in Sec. 27.102) is also acceptable.
    (f) A towing vessel of less than 24 meters (79 feet) in length may 
comply with any of the following standards for fuel systems rather than 
with those of paragraph (e) of this section:
    (1) ABYC H-33 (incorporated by reference in Sec. 27.102).
    (2) Chapter 5 of NFPA 302 (incorporated by reference in Sec. 
27.102).
    (3) 33 CFR chapter I, subchapter S (Boating Safety).



         Subpart C_Fire-Suppression Equipment for Towing Vessels



Sec. 27.301  What are the requirements for fire pumps, fire mains, 

and fire hoses on towing vessels?

    By April 29, 2005, you must provide for your towing vessel either a 
self-priming, power-driven, fixed fire-pump,

[[Page 328]]

a fire main, and hoses and nozzles in accordance with paragraphs (a) 
through (c) of this section; or a portable pump, and hoses and nozzles, 
in accordance with paragraphs (d) and (e) of this section.
    (a) The fixed fire-pump must be capable of--
    (1) Delivering water simultaneously from the two highest hydrants, 
or from both branches of the fitting if the highest hydrant has a 
Siamese fitting, at a pitot-tube pressure of at least 344 kPa (50 psi) 
and a flow rate of at least 300 lpm (80 gpm); and
    (2) Being energized remotely from a safe place outside the engine 
room and from the pump.
    (b) All valves necessary for the operation of the fire main must be 
kept in the open position or must be capable of operation from the same 
place where the remote fire pump contol is located.
    (c) The fire main must have a sufficient number of fire hydrants 
with attached hose to reach any part of the machinery space using a 
single length of fire hose.
    (d) The hose must be lined commercial fire-hose, at least 40mm (1.5 
inches) in diameter, 15 meters (50 feet) in length, and fitted with a 
nozzle made of corrosion-resistant material capable of providing a solid 
stream and a spray pattern.
    (e) The portable fire pump must be self-priming and power-driven, 
with--
    (1) A minimum capacity of at least 300 lpm (80 gpm) at a discharge 
gauge pressure of not less than 414 kPa (60 psi), measured at the pump 
discharge;
    (2) A sufficient amount of lined commercial fire hose at least 40mm 
(1.5 inches) in diameter and 15 meters (50 feet) in length, immediately 
available to attach to it so that a stream of water will reach any part 
of the vessel; and
    (3) A nozzle made of corrosion-resistant material capable of 
providing a solid stream and a spray pattern.
    (f) You must stow the pump with its hose and nozzle outside of the 
machinery space.



Sec. 27.303  What are the requirements for fire-extinguishing 

equipment on towing vessels in inland service, and on towing 
vessels in ocean or coastal service 
          whose construction was contracted for before August 27, 2003?

    You must carry on your towing vessel both--
    (a) The minimum number of hand-portable fire extinguishers required 
by subpart 25.30 of this part; and
    (b) By April 29, 2005, either--
    (1) An approved B-V semi-portable fire-extinguishing system to 
protect the engine room; or
    (2) A fixed fire-extinguishing system installed to protect the 
engine room of the vessel.



Sec. 27.305  What are the requirements for fire-extinguishing 

equipment on towing vessels in ocean or coastal service whose 
construction was contracted for on 
          or after August 27, 2003?

    (a) You must carry on your towing vessel both--
    (1) The minimum number of hand-portable fire extinguishers required 
by subpart 25.30 of this part; and
    (2) An approved B-V semi-portable fire-extinguishing system to 
protect the engine room.
    (b) You must have a fixed fire-extinguishing system installed to 
protect the engine room of the vessel.
    (c) This section does not apply to any towing vessel pushing a barge 
ahead, or hauling a barge alongside, when the barge's coastwise or Great 
Lakes route is restricted (as indicated on its certificate of 
inspection), so that the barge may operate ``in fair weather only, 
within 12 miles of shore,'' or with words to that effect.



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.
28.60 Exemption letter.
28.65 Termination of unsafe operations.

[[Page 329]]

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.
28.275 Acceptance criteria for instructors and course curricula.

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.

                           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.
28.520-28.525 [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.
28.590-28.630 [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.

[[Page 330]]

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, 4505, 4506, 6104, 10603; Department 
of Homeland Security Delegation No. 0170.1.

    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..............................................     1625-0061
Sec.  28.90..............................................     1625-0061
Sec.  28.135.............................................     1625-0061
Sec.  28.165.............................................     1625-0061
Sec.  28.530.............................................     1625-0061
Sec.  28.710.............................................     1625-0061
Sec.  28.720.............................................     1625-0061
------------------------------------------------------------------------


[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by USCG-2004-18884, 
69 FR 58344, Sept. 30, 2004]



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. 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, as 
amended by USCG-2004-18884, 69 FR 58344, Sept. 30, 2004; USCG-2004-
18884, 69 FR 68089, Nov. 23, 2004]

[[Page 331]]



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 U.S. Coast Guard, Office 
of Design and Engineering Standards (G-MSE), 2100 Second Street SW., 
Washington, DC 20593-0001 or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html. 
All material 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.
American Society for Testing and
 Materials (ASTM),
  100 Barr Harbor Drive, West
   Conshohocken, PA 19428-2959.
    ASTM F 1321-92, Standard Guide for    28.535
     Conducting a Stability Test
     (Lightweight Survey and Inclining
     Experiment) to Determine the Light
     Ship Displacement and Centers of
     Gravity of a Vessel.
International Maritime Organization
 (IMO),
  Publications Section, 4 Albert
   Embankment, London SE1 7SR, United
   Kingdom:
    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),
  12 Laboratory Drive, Research Triangle
   Park, NC 27709-3995
    UL 217-1985--Single and Multiple      28.325; 28.830
     Station Smoke Detectors.
    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; CGD 97-057, 62 FR 51042, Sept. 30, 
1997; USCG-1999-5151, 64 FR 67176, Dec. 1, 1999]

[[Page 332]]



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.
    Alcohol concentration means either grams of alcohol per 100 
milliliters of blood, or grams of alcohol per 210 liters of breath.
    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.
    Auxiliary Craft means a vessel that is carried onboard a commercial 
fishing vessel and is normally used to support fishing operations.
    Boundary lines means the lines described in part 7 of this chapter. 
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 that marks the seaward limits of the 
territorial sea and, in other areas, they come ashore.
    Buoyant Apparatus means a buoyant apparatus approved by the 
Commandant.
    Coast Guard Boarding Officer means a commissioned, warrant, or petty 
officer of the Coast Guard having authority to board any vessel under 
the Act of August 4, 1949, 63 Stat. 502, as amended (14 U.S.C. 89).
    Coast Guard Representative means a person employed at the cognizant 
U.S. Coast Guard Sector Office or Marine Inspection Office, or an 
accepted organization, or a similarly qualified organization approved in 
examining commercial fishing industry vessels. Contact Office of 
Compliance, Fishing Vessels Safety Division, Commandant (G-MOC-3), 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 Service Pack means equipment provided in liferafts approved 
by the Commandant for coastal service.
    Coastal waters means coastal waters as defined in 33 CFR 175.105.
    Coastline means the territorial sea baseline as defined in 33 CFR 
2.20.
    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.
    District Commander means an officer of the Coast Guard designated as 
such by the Commandant to command all Coast Guard activities within a 
district.
    Documented vessel means a vessel for which a Certificate of 
Documentation has been issued under the provisions of 46 CFR part 67.
    Equipment Packs means equipment provided in liferafts approved by 
the Commandant.
    Especially hazardous condition means a condition which may be life 
threatening or lead to serious injury if continued.
    Fish means finfish, mollusks, crustaceans, and all other forms of 
marine

[[Page 333]]

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.
    Fishing Vessel Drill Conductor means an individual who meets the 
training requirements of 46 CFR 28.270(c) for conducting drills and 
providing instruction once a month to each individual on board those 
vessels to which Subpart C of this section applies.
    Fishing Vessel Safety Instructor means an individual or organization 
that has been accepted by the local Officer-in-Charge, Marine Inspection 
to train Fishing Vessel Drill Conductors to conduct drills and provide 
instruction on those vessels to which subpart C of this part applies.
    Gasoline as used in this part includes gasoline-alcohol blends and 
any other fuel having a flash point of 110 [deg]F (43.3 [deg]C) or 
lower.
    Inflatable Buoyant Apparatus means an inflatable buoyant apparatus 
approved by the Commandant.
    Inflatable Liferaft means an inflatable liferaft that is approved by 
the Commandant.
    Length means the length listed on the vessel's Certificate of 
Documentation or Certificate of Number.
    Lifeboat means a lifeboat approved by the Commandant.
    Liferaft means a liferaft approved by the Commandant.
    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[min] 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

[[Page 334]]

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; CGD 96-
046, 61 FR 57272, Nov. 5, 1996; USCG-2001-9044, 68 FR 42602, July 18, 
2003; USCG-2004-18884, 69 FR 58344, Sept. 30, 2004; USCG-2006-25556, 72 
FR 36330, July 2, 2007]



Sec. 28.60  Exemption letter.

    (a) Types of exemptions. (1) Specific exemption means an exemption 
for an individual commercial fishing industry vessel.
    (2) Class exemption means an exemption for a class or fleet of 
commercial fishing industry vessels.
    (b) Exemption procedure. A request for an exemption of either type 
must be in writing, have specific reasons for the request, and be sent 
to the Coast Guard District Office having jurisdiction over the waters 
where the vessel(s) will be operating. Coast Guard District geographical 
areas are described in 33 CFR part 3. The District Commander will review 
the request to determine that:
    (1) Good cause exists for granting an exemption; and
    (2) The safety of the vessel and those on board will not be 
adversely affected.
    (c) The District Commander will either approve or deny the request 
in writing. In granting a request, the District Commander will specify 
the terms under which the exemption is granted and distribute the letter 
describing these terms to the party or parties requesting the exemption.
    (d) Exemption letter. Exemption letters, or suitable copies, 
describing the terms under which the exemption is granted shall be 
maintained at all times on board each vessel to which any exemption 
applies.
    (e) Right of appeal. Any person directly affected by a decision or 
action taken under this part may appeal in accordance with Sec. 1.03 of 
this chapter.
    (f)Rescinding an exemption letter. Exemptions granted may be 
rescinded by the District Commander if it is subsequently determined 
that the safety of the vessel and those onboard is adversely affected.

[CDG 96-046, 62 FR 46675, Sept. 4, 1997]



Sec. 28.65  Termination of unsafe operations.

    (a) A Coast Guard Boarding Officer may direct the master or 
individual in charge of a vessel, with the concurrence of the District 
Commander, or staff authorized by the District Commander, to immediately 
take reasonable steps necessary for the safety of individuals on board 
the vessel if the Boarding Officer observes the vessel being operated in 
an unsafe manner and determines that an especially hazardous condition 
exists. This may include directing the master or individual in charge of 
the vessel to return the vessel to a mooring and remain there until the 
situation creating the especially hazardous condition is corrected or 
other specific action is taken.
    (b) Hazardous conditions include, but are not limited to, operation 
with--
    (1) An insufficient number of lifesaving equipment on board, to 
include serviceable Personal Flotation Devices (PFDs), serviceable 
immersion suits, or adequate survival craft capacity.
    (2) An inoperable Emergency Position Indicating Radio Beacon (EPIRB) 
or radio communication equipment when required by regulation. There 
should be at least one operable means of communicating distress. When 
both are required, then at least one must be in operable condition to 
avoid termination of the voyage;
    (3) Inadequate firefighting equipment on board;
    (4) Excessive volatile fuel (gasoline or solvents) or volatile fuel 
vapors in bilges;
    (5) Instability resulting from overloading, improper loading or lack 
of freeboard;
    (6) Inoperable bilge system;
    (7) Intoxication of the master or individual in charge of a 
commercial fishing vessel. An individual is intoxicated when he/she is 
operating a commercial fishing vessel and has an alcohol concentration 
of .04 percent, or the intoxicant's effect on the person's manner,

[[Page 335]]

disposition, speech, muscular movement, general appearance or behavior 
is apparent by observation;
    (8) A lack of adequate operable navigation lights during periods of 
reduced visibility;
    (9) Watertight closures missing or inoperable;
    (10) Flooding or uncontrolled leakage in any space; or
    (11) A missing or expired certificate of class, as required by 46 
U.S.C. 4503(1), for a fish processing vessel.
    (c) A Coast Guard Boarding Officer may direct the individual in 
charge of a fish processing vessel that is missing a Load Line 
Certificate, or that does not comply with the provisions of the Load 
Line Certificate issued by the American Bureau of Shipping or a 
similarly qualified organization, to return the vessel to a mooring and 
to remain there until the vessel obtains such a certificate.

[CGD 96-046, 61 FR 57273, Nov. 5, 1996, as amended at CGD 96-046, 62 FR 
46676, Sept. 4, 1997; USCG-2004-18884, 69 FR 58344, Sept. 30, 2004]



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) A listing of current and formerly approved equipment and 
materials may be found on the internet at: http://cgmix.uscg.mil/
equipment. Each OCMI may be contacted for information concerning 
approved equipment.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by USCG-2004-18884, 
69 FR 58344, Sept. 30, 2004]



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;
    (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

[[Page 336]]

in charge of a vessel involved in a casualty must submit a report in 
accordance with paragraph (c) of this section, as soon as possible after 
the casualty, to the underwriter of primary insurance for the vessel or 
to an organization listed in paragraph (d) of this section whenever the 
casualty involves any of the following.
    (1) Loss of life.
    (2) An injury that requires professional medical treatment 
(treatment beyond first aid) and that renders the individual unfit to 
perform his or her routine duties.
    (3) Loss of a vessel.
    (4) Damage to or by a vessel, its cargo, apparel or gear, except for 
fishing gear while not on board a vessel, or that impairs the 
seaworthiness of the vessel, or that is initially estimated at $2,500.00 
or more.
    (b) Each underwriter of primary insurance for a commercial fishing 
industry vessel must submit a report of each casualty involving that 
vessel to an organization listed in paragraph (d) of this section within 
90 days of receiving notice of the casualty and whenever it pays a claim 
resulting from the casualty. Initial reports must be in accordance with 
paragraph (c) of this section. Subsequent reports must contain 
sufficient information to identify the casualty and any new or corrected 
casualty data.
    (c) Each report of casualty must include the following information:
    (1) The name and address of the vessel owner and vessel operator, if 
different than the vessel owner;
    (2) The name and address of the underwriter of primary insurance for 
the vessel;
    (3) The name, registry number, call sign, gross tonnage, year of 
build, length, and hull material of the vessel;
    (4) The date, location, primary cause, and nature of the casualty;
    (5) The specific fishery, intended catch, and length of fishery 
opening when applicable;
    (6) The date that the casualty was reported to the underwriter of 
primary insurance for the vessel, or to an organization acceptable to 
the Commandant;
    (7) The activity of the vessel at the time of the casualty;
    (8) The weather conditions at the time of the casualty, if the 
weather caused or contributed to the cause of the casualty;
    (9) The damages to or by the vessel, its apparel, gear, or cargo;
    (10) The monetary amounts paid for damages;
    (11) The name, birth date, social security number, address, job 
title, length of disability, activity at the time of injury, type of 
injury, and medical treatment required for each individual incapacitated 
for more than 72 hours, or deceased as a result of the casualty;
    (12) The name, registry number, and call sign of every other vessel 
involved in the casualty; and
    (13) The monetary amount paid for an injury or a death.
    (d) A casualty to a commercial fishing industry vessel must be 
reported to an organization that has knowledge and experience in the 
collection and processing of statistical insurance data and that has 
been accepted by the Commandant to receive and process casualty data 
under this part. The Commandant has accepted for this purpose:
    (1) Marine Index Bureau, Inc., 67 Scotch Road, Ewing, NJ, 08628-
2504.
    (2) [Reserved]

    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.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 96-046, 61 FR 
57273, Nov. 5, 1996]



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.

[[Page 337]]



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.

                          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                                   exposure suit.           25.25-13; 25.25-15.
 32[deg]S; and Lake Superior.
Coastal Waters on the West Coast of    All vessels............  ......do...............   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.\1\        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.\1\
----------------------------------------------------------------------------------------------------------------
\1\ 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; USCG-
2000-7790, 65 FR 58458, Sept. 29, 2000]



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

[[Page 338]]

    (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) through (h) of this section 
and 28.305, each vessel must carry the survival craft specified in Table 
28.120(a), Table 28.120(b), or Table 28.120(c), as appropriate for the 
vessel, in an aggregate capacity to accommodate the total number of 
individuals on board.
    (b) The requirements of this section do not apply to vessels less 
than 10.97 meters (36 feet) in length with 3 or fewer individuals on 
board which operate within 12 miles of the coastline.
    (c) A buoyant apparatus may be substituted instead of the 
requirements in this section for vessels 10.97 meters (36 feet) or more 
in length with 3 or fewer individuals on board which operate within 12 
miles of the coastline.
    (d) Each survival craft installed on board a vessel before September 
15, 1991, may continue to be used to meet the requirements of this 
section provided the survival craft is--
    (1) Of the same type as required in Tables 28.120(a), 28.120(b), or 
28.120(c), as appropriate for the vessel type; and
    (2) Maintained in good and serviceable condition.
    (e) Each inflatable liferaft installed on board a vessel before 
September 15, 1991, may continue to be used to meet the requirements for 
an approved inflatable liferaft, provided the existing liferaft is--
    (1) Maintained in good and serviceable condition as required by 
Table 28.140; and
    (2) Equipped with the equipment pack required by Tables 28.120(a), 
28.120(b), or 28.120(c), as appropriate for the vessel type. Where no 
equipment pack is specified in Tables 28.120(a), 28.120(b), or 
28.120(c), a coastal service pack is the minimum required.
    (f) A lifeboat may be substituted for any survival craft required by 
this section, provided it is arranged and equipped in accordance with 
part 199 of this chapter.
    (g) The capacity of an auxiliary craft carried on board a vessel 
that is integral to and necessary for normal fishing operations will 
satisfy the requirements of this section for survival craft, except for 
an inflatable liferaft, provided the craft is readily accessible during 
an emergency and is capable of safely holding all individuals on board 
the vessel. If the auxiliary craft is equipped with a Coast Guard 
required capacity plate, the boat must not be loaded so as to exceed the 
rated capacity.
    (h) A vessel less than 10.97 meters (36 feet) in length that meets 
the flotation provisions of 33 CFR part 183 is exempt from the 
requirement for survival craft in paragraph (a) of this section for 
operation on--
    (1) Any waters within 12 miles of the coastline.
    (2) Rivers.

         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.

[[Page 339]]

 
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, between 12- All...............  Inflatable
 20 miles of coastline, cold                           liferaft.
 waters.
Beyond Boundary Line, within 12   10.97 meters (36    Inflatable buoyant
 miles of coastline, cold waters.  feet) or more in    apparatus. See
                                   length.             note 2.
Beyond Boundary Line, within 12   Less than 10.97     Buoyant apparatus.
 miles of coastline, cold waters.  meters (36 feet)   See note 2.
                                   in length.
Beyond Boundary Line, within 20   All...............  Life float. See
 miles of coastline, warm waters.                      note 2.
Inside Boundary Line, cold        10.97 meters (36    Inflatable buoyant
 waters; or Lakes, bays, sounds,   feet) or more in    apparatus.
 cold waters; or Rivers, cold      length.            See note 2.
 waters.
Inside Boundary Line, cold        Less than 10.97     Buoyant apparatus.
 waters; or Lakes, bays, sounds,   meters (36 feet)   See note 2.
 cold waters; or Rivers, cold      in length.
 waters.
Inside Boundary Line, warm        All...............  None.
 waters; or Lakes, bays, sounds,
 warm waters; or Rivers, warm
 waters.
Great Lakes, cold waters........  10.97 meters (36    Inflatable buoyant
                                   feet) or more in    apparatus.
                                   length.            See note 2.
Great Lakes, cold waters........  Less than 10.97     Buoyant apparatus.
                                   meters (36 feet)   See note 2.
                                   in length.
Great Lakes, beyond 3 miles of    All...............  Buoyant apparatus.
 coastline, warm waters.                               See note 2.
Great Lakes, within 3 miles of    All...............  None.
 coastline, warm waters.
------------------------------------------------------------------------
Note: 1. 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.
2. If a vessel carriers 3 or fewer individuals within 12 miles of the
  coastline, see Sec.  28.120 (b) and (c) for carriage substitution.


 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, between 12- All...............  Inflatable buoyant
 20 miles of coastline, cold                           apparatus.
 waters.
Beyond Boundary Line, within 12   10.97 meters (36    Buoyant apparatus.
 miles of coastline, cold waters.  feet) or more in
                                   length.
Beyond Boundary Line, within 12   Less than 10.97     Buoyant apparatus.
 miles of coastline, cold waters.  meters (36 feet)   See note 2.
                                   in length.
Beyond Boundary Line, within 20   All...............  Life float. See
 miles of coastline, warm waters.                      note 2.
Inside Boundary Line, cold        10.97 meters (36    Buoyant apparatus.
 waters; or Lakes, bays, sounds,   feet) or more in
 cold waters; or rivers, cold      length.
 water.
Inside Boundary Line, cold        Less than 10.97     Buoyant apparatus
 waters; or Lakes, bays, sounds,   meters (36 feet)   See note 2.
 cold waters; or Rivers, cold      in length.
 water.
Inside Boundary Line, warm        All...............  None.
 waters; or Lakes, bays, sounds,
 warm waters; or Rivers, warm
 waters.
Great Lakes, cold waters........  All...............  Buoyant apparatus.
                                                      See note 2.
Great Lakes, beyond 3 miles of    All...............  Buoyant apparatus.
 coastline warm waters.                               See note 2.
Great Lakes, within 3 miles of    All...............  None.
 coastline warm waters.
------------------------------------------------------------------------
Note: 1. 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.
2. If a vessel carries 3 or fewer individuals within 12 miles of the
  coastline, see Sec.  28.120 (b) and (c) for carriage substitution.


 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, between 12- All...............  Inflatable
 20 miles of coastline, cold                           liferaft.
 waters.
Beyond Boundary Line, within 12   10.97 meters (36    Inflatable bouyant
 miles of coastline, cold waters.  feet) or more in    apparatus.
                                   length.
Beyond Boundary Line, within 12   Less than 10.97     Buoyant apparatus.
 miles of coastline, cold waters.  meters (36 feet)
                                   in length.

[[Page 340]]

 
Beyond Boundary Line, within 20   All...............  Life float.
 miles of coastline, warm waters.
Inside Boundary Line, cold        10.97 meters (36    Inflatable buoyant
 waters; or Lakes, bays, sounds,   feet) or more in    apparatus.
 cold waters; or Rivers, cold      length.
 waters.
Inside Boundary Line, cold        Less than 10.97     Buoyant apparatus.
 waters; or Lakes, bays, sounds,   meters (36 feet)
 cold waters; or Rivers, cold      in length.
 waters.
Inside Boundary Line, warm        All...............  None.
 waters; or Lakes, bays, sounds,
 warm waters; or Rivers, warm
 waters.
Great Lakes, cold waters........  10.97 meters (36    Inflatable buoyant
                                   feet) or more in    apparatus.
                                   length.
Great Lakes, cold waters........  Less than 10.97     Buoyant apparatus.
                                   meters (36 feet)
                                   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: 1. The hierarchy of survival craft in descending order is
  lifeboat, liferaft with SOLAS A pack, Inflatable liferaft with SOLAS A
  pack, liferaft with SOLAS B 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 96-046, 61 FR 57273, Nov. 5, 1996; CGD 96-046, 61 FR 68162, Dec. 
27, 1996, as amended by CGD 96-046, 62 FR 46676, Sept. 4, 1997; USCG-
2002-13058, 67 FR 61278, Sept. 30, 2002]



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.
    (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 199.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 84-069, 63 FR 
52813, Oct. 1, 1998]



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

[[Page 341]]

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) Each item of lifesaving equipment, including unapproved 
equipment, must be maintained and inspected in accordance with:
    (1) Table 28.140 in this section;
    (2) The servicing procedure under the subpart of this chapter 
applicable to the item's approval; and
    (3) The manufacturer's guidelines.
    (c) An inflatable liferaft or inflatable buoyant apparatus must be 
serviced no later than the month and year on its servicing sticker 
affixed under 46 CFR 160.151-57(n), and whenever the container is 
damaged or the container straps or seals are broken. It must be serviced 
at a facility specifically approved by the Commandant for the particular 
brand.
    (d) An escape route from a space where an individual may be employed 
or an accommodation space must not be obstructed.

                   Table 28.140--Scheduled Maintenance and Inspection of Lifesaving Equipment
----------------------------------------------------------------------------------------------------------------
                                                        Interval
                Item                ------------------------------------------------          Regulation
                                             Monthly                Annually
----------------------------------------------------------------------------------------------------------------
(1) Inflatable wearable personal     ......................  Servicing.............  28.140
 flotation device (Type V
 commercial hybrid).
(2) Personal flotation devices,      ......................  Inspect, clean and      28.140
 exposure suits and immersion suits.                          repair as necessary.
(3) Buoyant apparatus and life       ......................  Inspect, clean and      28.140
 floats.                                                      repair as necessary.
(4) Inflatable liferaft............  ......................  Servicing \1\.........  28.140
(5) Inflatable buoyant apparatus...  ......................  Servicing \1\.........  28.140
(6) Hydrostatic release............  ......................  Servicing \1\.........  28.140
(7) Disposable hydrostatic release.  ......................  Replace on or before    28.140
                                                              expiration date.
(8) Undated batteries..............  ......................  Replace...............  28.140
(9) Dated batteries \2\ and other    ......................  Replace on or before    25.26-50, 28.140
 items.                                                       expiration date.
(10) EPIRB.........................  Test..................  ......................  25.26-50
----------------------------------------------------------------------------------------------------------------
\1\ For a new liferaft or inflatable buoyant apparatus, the first annual servicing may be deferred to two years
  from the date of first packing if so indicated on the servicing sticker.

[[Page 342]]

 
\2\ 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, as 
amended at USCG-2001-11118, 67 FR 58540, Sept. 17, 2002; USCG-2004-
18884, 69 FR 58344, Sept. 30, 2004]



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 160.136; plus 6 hand
                                             flares, approval series
                                             160.121; plus 3 smoke
                                             signals, approval series
                                             160.122.
Ocean, 3-50 miles from the coastline; or    3 parachute flares, approval
 more than 3 miles from the coastline on     series 160.136, or 160.036;
 the Great Lakes.                            plus 6 hand flares,
                                             approval series 160.121 or
                                             160.021; plus 3 smoke
                                             signals, approval series
                                             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 161.013 or
                                             3 approved flares; plus Day
                                             visual distress signals
                                             consisting of one distress
                                             flag, approval series
                                             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; USCG-2000-7790, 65 FR 58458, Sept. 29, 2000]



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.



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 corridor
 corridors.                                      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 square
 storerooms.                                     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 brake
 combustion propelling                           horsepower or fraction
 machinery.                                      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.

[[Page 343]]

 
Electric emergency motors or   C-II...........  1 outside the space in
 generators.                                     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.
    (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

[[Page 344]]

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, the National Imagery and Mapping Agency, U.S. 
Army Corps of Engineers, or a river authority that--
    (i) Are of a large enough scale and have enough detail to make safe 
navigation of the area possible; and
    (ii) Are currently corrected.
    (2) For the area to be transited, a currently corrected copy of, or 
applicable currently corrected extract from, each of the following 
publications:
    (i) U.S. Coast Pilot; and
    (ii) Coast Guard Light List.
    (3) For the area to be transited, the current edition of, or 
applicable current extract from, each of the following publications:
    (i) Tide tables promulgated by the National Ocean Service; and
    (ii) Tidal current tables promulgated by the National Ocean Service, 
or a river current publication issued by the U.S. Corps of Engineers or 
a river authority.
    (b) Each vessel of 39.4 feet (12 meters) or more in length that 
operates shoreward of the COLREG Demarcation Lines, as set forth in 33 
CFR part 80, must carry on board and maintain for ready reference a copy 
of the Inland Navigation Rules, as set forth in 33 CFR chapter I, 
subchapter E.

[CGD 88-079, 59 FR 40393, Aug. 14, 1991, as amended by CGD 96-046, 61 FR 
57275, Nov. 5, 1996; CGD 96-046, 62 FR 46677, Sept. 4, 1997; USCG-2001-
10224, 66 FR 48619, Sept. 21, 2001]



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

[[Page 345]]

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 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.


[[Page 346]]


    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 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 instructions.

    (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

[[Page 347]]

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 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.

[[Page 348]]

    (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 effects of unintentional flooding;
    (5) Launching survival craft and recovering lifeboats and rescue 
boats;
    (6) Donning immersion suits and other wearable personal flotation 
devices;
    (7) Donning a fireman's outfit and a self-contained breathing 
apparatus, if the vessel is so equipped;
    (8) Making a voice radio distress call and using visual distress 
signals;
    (9) Activating the general alarm; and
    (10) Reporting inoperative alarm systems and fire detection systems.
    (b) 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.
    (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.

[[Page 349]]

    (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; CGD 96-046, 61 FR 57275, Nov. 5, 1996, CGD 96-
046, 62 FR 46677, Sept. 4, 1997; USCG-2002-13058, 67 FR 61278, Sept. 30, 
2002]



Sec. 28.275  Acceptance criteria for instructors and course curricula.

    (a) A Fishing Vessel Safety Instructor shall submit a detailed 
course curriculum that relates directly to the contingencies listed in 
Sec. 28.270(a), or a letter certifying the use of the ``Personal 
Survival and Emergency Drills Course,'' a national standard curriculum, 
to the cognizant OCMI. This document can be ordered through the U.S. 
Marine Safety Association (USMSA), 5050 Industrial Road, Farmingdale, NJ 
07727; telephone: (732) 751-0102; fax: (732) 751-0508; or e-mail: 
[email protected]. For the criteria of Fishing Vessel Safety Instructor, 
the following documentation shall be provided to the cognizant OCMI:
    (1) Proof of at least 1 year of experience in a marine related field 
and experience that relates directly to the contingencies listed in 
Sec. 28.270(a) including--
    (i) Experience as an instructor; or
    (ii) Training received in instructional methods; or
    (2) A valid merchant mariner's license issued by the Coast Guard 
authorizing service as master of unispected fishing industry vessels and 
proof of experience that relates directly to the contingencies listed in 
64 CFR 28.270(a) including--
    (i) Experience as an instructor; or
    (ii) Training received in instructional methods; or
    (3) A valid merchant mariner's license issued by the Coast Guard 
authorizing service as a master of inspected vessels of 100 gross tons 
or more and proof of experience that relates directly to the 
contingencies listed in 46 CFR 28.270(a) including--
    (i) Experience as an instructor; or
    (ii) Training received in instructional methods.
    (b) Each OCMI will issue a letter of acceptance to all qualified 
individuals and will maintain a list of accepted instructors in his/her 
zone.
    (c) Letters of acceptance shall be valid for a period of 5 years.
    (d) Fishing Vessel Safety Instructors or the organization providing 
training shall issue documents to Fishing Vessel Drill Conductors upon 
successful completion of all required training.

[CGD 96-046, 61 FR 57275, Nov. 5, 1996, as amended by CGD 96-046, 62 FR 
46677, Sept. 4, 1997; USCG-2001-10224, 66 FR 48619, Sept. 21, 2001; 
USCG-2004-18884, 69 FR 58344, Sept. 30, 2004]



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, 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.

[USCG-2004-18884, 69 FR 58344, Sept. 30, 2004]



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 Sec. Sec. 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.

[[Page 350]]



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.
    (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 be installed only in a normally unoccupied 
machinery space, paint locker, or space containing flammable liquid 
stores that has a gross volume of not more than 33.98 cubic meters (1200 
cubic feet).
    (2) A fixed gas fire extinguishing system that is capable of 
automatic discharge upon heat detection may be installed only in a 
normally unoccupied space with a gross volume of not more than 169.92 
cubic meters (6000 cubic feet).
    (3) A space with a gross volume exceeding 169.92 cubic meters (6000 
cubic feet) must be fitted with a manually actuated and alarmed fixed 
gas fire extinguishing system.
    (c) 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;

[[Page 351]]

    (ii) Be capable of manual actuation from outside the space in 
addition to any automatic actuation devices; and
    (iii) Automatically shut down all power ventilation systems serving 
the protected space and all engines that draw intake air from within the 
protected space.
    (2) A vessel on which a pre-engineered fixed gas fire extinguishing 
system is installed must have the following equipment at the operating 
station:
    (i) A visual alarm to indicate the discharge of the extinguishing 
agent;
    (ii) An audible alarm to sound upon discharge of the extinguishing 
agent; and
    (iii) A means to reset devices used to automatically shut down 
ventilation systems and engines as required by paragraph (d)(1)(iii) of 
this section.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 96-046, 61 FR 
57275, Nov. 5, 1996]



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.

[[Page 352]]

    (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 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 
Sec. Sec. 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 Sec. Sec. 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

[[Page 353]]

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.



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.

[[Page 354]]



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;
    (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, electrical heating tape, 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 0.9144 
meters (3 feet) of cooking appliances must be composed of noncombustible 
material or covered by noncombustible material. Curtains, draperies, or 
free hanging fabrics are not permitted within

[[Page 355]]

0.9144 meters (3 feet) of cooking appliances.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 49822, Oct. 1, 1991, as 
amended by CGD 96-046, 61 FR 57275, Nov. 5, 1996; CGD 95-028, 62 FR 
51197, Sept. 30, 1997]



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.
    (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

[[Page 356]]

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.



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.

[[Page 357]]

    (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:
    (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.

[[Page 358]]



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 an open vessel, any portion of the vessel's gunwale is above 
the water's surface; or
    (2) For a decked vessel, any portion of the main deck is above the 
water's surface.
    (c) A vessel which is fitted with an outboard engine must be loaded 
as described in paragraph (e) of this section and must float in calm 
water after being submerged for 18 hours so that--
    (1) The vessel has an equilibrium heel angle of less than 10[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 paragraphs (b) and (c) of this 
section, a vessel must be complete in all respects, except that 
machinery which would be damaged by water may be replaced with 
equivalent fixed weight in the same location as the machinery it 
replaces. The vessel must be loaded with weight to represent the most 
adverse loading condition. The most adverse loading condition normally 
includes the maximum weight of fish in its highest possible location. 
Weights must be substituted for operating personnel at 165 pounds (734 
Newtons) per individual and may be substituted for fishing gear. The 
substitute weights may be located transversely so that the vessel floats 
level prior to being submerged. The two largest air chambers, or 
compartments of a decked vessel not used as fuel tanks, that contribute 
buoyancy to the vessel must be flooded.
    (f) For the test described in paragraph (d) of this section, a 
vessel must be complete and loaded as described in paragraph (e) of this 
section, except that the center of gravity of the equivalent maximum 
fish load must be located to one side of the vessel's centerline by a 
distance equal to one-fifth of the maximum transverse dimension of the 
fish storage space.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by USCG-2004-18884, 
69 FR 58344, Sept. 30, 2004]



Sec. Sec. 28.520-28.525  [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.

[[Page 359]]

    (d) Stability instructions must be in a format easily understood by 
the master or individual in charge of the vessel. Units of measure, 
language, and rigor of calculations in the stability instructions must 
be consistent with the ability of the master or the individual in charge 
of the vessel. The format of the stability instructions may include, at 
the owner's discretion, any of the following:
    (1) Simple loading instructions;
    (2) A simple loading diagram with instructions;
    (3) A stability booklet with sample calculations; or
    (4) Any other appropriate format for providing stability 
instructions.
    (e) Stability instructions must be developed based on the vessel's 
individual characteristics and may include the following, as appropriate 
for the format chosen for presentation:
    (1) A general description of the vessel, including lightweight data;
    (2) Instructions on the use of the information;
    (3) General arrangement plans showing watertight compartments, 
closures, vents, downflooding angles, and allowable weights;
    (4) Loading restrictions, such as diagrams, tables, descriptions or 
maximum KG curves;
    (5) Sample loading conditions;
    (6) General precautions for preventing unintentional flooding;
    (7) Capacity plan or tank sounding tables showing tank and hold 
capacities, centers of gravity, and free surface effects;
    (8) A rapid and simple means for evaluating any specific loading 
condition;
    (9) The amount and location of fixed ballast;
    (10) Any other necessary guidance for maintaining adequate stability 
under normal and emergency conditions;
    (11) A general description of the stability criteria that are used 
in developing the instructions;
    (12) Guidance on the use of roll limitation devices such as 
stabilizers; and
    (13) Any other information the owner feels is important to the 
stability and operation of the vessel.



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 F 1321 (incorporated by reference, see Sec. 28.40), with 
the exception of Annexes A and B, may be used as guidance for any 
inclining test or deadweight survey conducted under this section.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by USCG-1999-5151, 
64 FR 67176, Dec. 1, 1999]



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

[[Page 360]]

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);
    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[min] 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[min] 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

[[Page 361]]

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 0.71 plus 0.035 times the length of the 
bulwark, in meters, for area in square meters, or 7.6 plus 0.115 times 
the length of the bulwark, in feet, for the area in square feet. The 
length of bulwark need not exceed 0.7 times the overall length of the 
vessel.
    (d) Except as provided in paragraphs (e) through (h) of this 
section, for bulwarks which exceed 20.11 meters (66 feet) in length, the 
aggregate clear area of freeing ports on each side of the vessel must 
not be less than 0.07 times the length of the bulwark, in meters, for an 
area in square meters (0.23 times the length of the bulwark in feet, for 
an area in square feet). The length of the bulwark need not exceed 0.7 
times the overall length of the vessel.
    (e) For a bulwark more than 4 feet (1.22 meters) in height, the 
freeing port area required by paragraphs (c) or (d) of this section must 
be increased in accordance with the following formula:
    i=[h-4]0.04q, (i=[h-1.722].04q, for metric units), where:
    i=increase in freeing port area, in square feet (square meters);
    h=bulwark height, in feet (meters); and
    q=length of bulwark exceeding 4 feet (1.22 meters) in height, in 
feet (meters).
    (f) For a bulwark less than 3 feet (0.91 meters) in height, the 
required freeing port area, required by paragraph (c) or (d) of this 
section, may be decreased in accordance with the following formula:
    r=[3-h]0.04q, (r=[h-0.91-h]0.04q), where:
    r=permitted reduction in freeing port area, in square feet (square 
meters).
    h=bulwark height, in feet (meters).
    q=length of bulwark which is less than 3 feet (0.914 meters) in 
height, in feet (meters).
    (g) For a vessel without sheer, the freeing port area must be 
increased by 50 percent.
    (h) The area of the freeing ports on a vessel that operates on 
protected waters need only be 50 percent of the area required by 
paragraphs (c) or (d) of this section.
    (i) Freeing port covers are permitted provided that the freeing port 
area required by this section is not diminished and the covers are 
constructed and fitted so that water will readily flow outboard but not 
inboard.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 96-046, 61 FR 
57276, Nov. 5, 1996]



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.

[[Page 362]]

    (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;
    (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.
[GRAPHIC] [TIFF OMITTED] TC01FE91.068


[[Page 363]]





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:

K En(Vn2AnZn)/W,

where:

K=0.00216 when consistent English units are used or 1.113 when 
consistent metric units are used.
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

[[Page 364]]

for vessels with a bar keel, bilge keels, or both;
B=molded breadth of the vessel, in feet (meters);
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 365]]

[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; USCG-
2004-18884, 69 FR 58344, Sept. 30, 2004]



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 366]]

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 367]]

[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]



Sec. Sec. 28.590-28.630  [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.

[[Page 368]]



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 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.

[[Page 369]]

    (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.



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

[[Page 370]]

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 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
``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.

[[Page 371]]

    (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.

[CGD 94-025, 60 FR 54444, Oct. 24, 1995, as amended by USCG-2004-18884, 
69 FR 58344, Sept. 30, 2004]



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 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.

[[Page 372]]



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.
    (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

[[Page 373]]

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 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:

[[Page 374]]

    (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, 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

[[Page 375]]

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 377]]

                                  INDEX

                      SUBCHAPTER C_UNINSPECTED VESSELS

  Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept current by the U.S. Coast Guard, 
Department of Homeland Security. This index is updated as of October 1, 
2007.

                                               Part, subpart, or section

                                 A

Alarms:
General...........................................................28.240
High water........................................................28.250
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
Authority for regulations..........................................28.10

                                 B

Backfire flame control.............................................25.35
Barge, definition................................................24.10-1
Bilge pumps.......................................................28.255
Boarding...........................................................26.15

                                 C

Canadian pleasure craft temporarily using navigable waters of the 
United States....................................................24.15-5
Carburetor backfire flame arrester (See Flame arrester)............25.35
Carrying freight for hire, definition............................24.10-1
Carrying passengers for hire, definition.........................24.10-1
Coast Guard District Commander, definition.......................24.10-1
Commandant, definition...........................................24.10-1
Communication equipment...................................28.245, 28.375
Compasses.........................................................28.230
Cushion, buoyant (see Life preserver)
                                 D

Deck rails........................................................28.410
Definitions.................................................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

[[Page 378]]

Main source.......................................................28.355
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
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...........................24.10-1
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.........................................24.10-1
Hydraulic equipment...............................................28.405

                                 I

International voyage:
Requirement for vessels on.........................................24.05
Definition.......................................................24.10-1
Instructions and drills...........................................28.270
Immersion suits............................................25.25, 28.110
Injury placard....................................................28.165

                                 L

Lifelines.........................................................28.410
Life preserver:

[[Page 379]]

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.....................................24.10-1
Motorboat:
Definition.......................................................24.10-1
Included under term vessel.......................................24.10-1
Motor vessel, definition.........................................24.10-1

                                 N

Navigation:
Information.......................................................28.225

                                 O

Oceanographic vessel, definition.................................24.10-1
Officer in Charge, Marine Inspection, definition.................24.10-1
Operator's license, exhibition of..................................26.20

                                 P

Passenger:
Carrying for hire, definition....................................24.10-1
Definition.......................................................24.10-1

                                 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

[[Page 380]]

Vessels with more than 49 persons.................................28.385
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...............................................24.10-1
Vest, work.........................................................26.30
Approved unicellular plastic foam................................26.30-1
Stowage.........................................................26.30-10
Use..............................................................26.30-5

[[Page 381]]



                        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 Incorporation by reference.
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.

                        Subpart 30.10_Definitions

30.10-1 Definition of terms--TB/ALL.
30.10-2 Accommodation space--TB/ALL.
30.10-2a Anniversary date--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.
30.10-62 Self-propelled tank vessel--TB/ALL.
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 30.25_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.

    Authority: 46 U.S.C. 2103, 3306, 3703; Pub. L. 103-206, 107 Stat. 
2439; 49 U.S.C. 5103, 5106; Department of Homeland Security Delegation 
No. 0170.1; Section 30.01-2 also issued under the authority of 44 U.S.C. 
3507; Section 30.01-05 also issued under the authority of Sec. 4109, 
Pub. L. 101-380, 104 Stat. 515.

    Source: CGFR 65-50, 30 FR 16657, Dec. 30, 1965, unless otherwise 
noted.

[[Page 382]]



                      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)..........................................    1625-0038
Sec.  31.10-21............................................    1625-0032
Sec.  31.10-22............................................    1625-0032
Sec.  31.10-32............................................    1625-0038
Sec.  31.10-33............................................    1625-0038
Sec.  31.37-15............................................    1625-0038
Sec.  31.40-35............................................    1625-0038
Sec.  35.20-7.............................................    1625-0064
Sec.  35.35-30............................................    1625-0039
Sec.  39.10-13............................................    1625-0038
------------------------------------------------------------------------


[49 FR 38120, Sept. 27, 1984, as amended by CGD 89-037, 57 FR 41821, 
Sept. 11, 1992; USCG-2004-18884, 69 FR 58345, Sept. 30, 2004]



Sec. 30.01-3  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in paragraph (b) of this section, the Coast Guard must publish 
notice of change in the Federal Register; and the material must be 
available to the public. All approved material is available for 
inspection at the U.S. Coast Guard Office of Design and Engineering 
Standards (G-MSE), 2100 Second Street SW., Washington, DC 20593-0001, or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html. All material 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 as follows:

            American Society for Testing and Materials (ASTM)

    100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.

ASTM D 323-94, Standard Test Method for Vapor Pressure of Petroleum 
Products (Reid Method)--30.10-22; 30.10-59

[USCG-1999-5151, 64 FR 67177, Dec. 1, 1999]



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 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

[[Page 383]]

    (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 is applicable to all U.S.-flag vessels indicated 
in Column 2 of Table 30.01-5(d), except as follows:
    (1) Any vessel operating exclusively on inland waters which are not 
navigable waters of the United States.
    (2) Any vessel while laid up and dismantled and out of commission.
    (3) With the exception of vessels of the U.S. Maritime 
Administration, any vessel with title vested in the United States and 
which is used for public purposes.

[[Page 384]]

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[[Page 385]]


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[[Page 389]]


[GRAPHIC] [TIFF OMITTED] TR15MY02.017

    (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

[[Page 390]]

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-
1 will be considered individually by the Commandant and may be required 
to comply with the requirements of subchapter O of this chapter, as 
applicable, as well as the requirements of this subchapter.
    (h) Subpart 30.30 contains procedures for evaluating vessel 
personnel licensing and certification programs of foreign countries 
which license or certificate personnel serving on tank vessels that 
enter or operate in U.S. navigable waters and ports.

    Editorial Note: For Federal Register citations affecting Sec. 
30.01-5, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



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
    (iii) Between the contiguous states of the United States and the 
states of Hawaii or Alaska or between the states of Hawaii and Alaska.
    (b) The regulations that apply to a vessel on an 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 391]]

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; USCG-2001-10224, 66 FR 48619, Sept. 
21, 2001]



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.

    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.

[CGFR 65-50, 30 FR 16657, Dec. 30, 1997, as amended by CGD 95-028, 62 FR 
51197, Sept. 30, 1997]



                        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. 30.10-2a  Anniversary date--TB/ALL.

    The term anniversary date means the day and the month of each year, 
which corresponds to the date of expiration of the Certificate of 
Inspection.

[USCG-1999-4976, 65 FR 6499, Feb. 9, 2000]



Sec. 30.10-3  Approved--TB/ALL.

    The term approved means approved by the Commandant unless otherwise 
stated.



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]

[[Page 392]]



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]



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 Subtitle II, Title 46, U.S. Code, Title 46 and Title 
33, U.S. Code, and regulations issued under these statutes.

[CGFR 65-50, 30 FR 16657, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 
51197, Sept. 30, 1997]



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

[[Page 393]]

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 Reid \1\ vapor pressure 
of 14 pounds or more.
---------------------------------------------------------------------------

    \1\ American Society for Testing Materials Standard D 323 
(incorporated by reference, see Sec. 30.01-3), Method of Test for Vapor 
Pressure of Petroleum Products (Reid Method).
---------------------------------------------------------------------------

    (b) Grade B. Any flammable liquid having a Reid \1\ vapor pressure 
under 14 pounds and over 8\1/2\ pounds.
    (c) Grade C. Any flammable liquid having a Reid \1\ 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; USCG-2000-7790, 65 FR 58458, Sept. 29, 2000]



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



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

[[Page 394]]

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 Subtitle 
II, Title 46, U.S. Code, Title 46 and Title 33, U.S. Code, and 
regulations issued under these statutes.

[CGFR 65-50, 30 FR 16657, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 
11597, Sept. 30, 1997; USCG-1998-4442, 63 FR 52190, Sept. 30, 1998]



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 Subtitle II, Title 46, U.S. Code, Title 46 and Title 
33, U.S. Code, and regulations issued under these statutes.

[CGFR 65-50, 30 FR 16657, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 
51197, Sept. 30, 1997]



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

[[Page 395]]

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 (incorporated by reference, 
see Sec. 30.01-3), 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 100 Barr Harbor 
Drive, West Conshohocken, PA 19428-2959.

[CGFR 65-50, 30 FR 16657, Dec. 30, 1965, as amended by USCG-2000-7790, 
65 FR 58458, Sept. 29, 2000]



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. 30.10-62  Self-propelled tank vessel--TB/ALL.

    Self-propelled tank vessel means a self-propelled tank vessel other 
than a tankship.

[CGD 79-116, 62 FR 25135, May 8, 1997]



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 a nonself-propelled tank vessel.

[CGD 79-116, 62 FR 25135, May 8, 1997]



Sec. 30.10-67  Tankship--T/ALL.

    The term tankship means a self-propelled tank vessel constructed or 
adapted primarily to carry oil or hazardous material in bulk in the 
cargo spaces.

[CGD 79-116, 62 FR 25135, May 8, 1997]



Sec. 30.10-69  Tank vessel--TB/ALL.

    The term 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, and that--
    (a) Is a vessel of the United States;
    (b) Operates on the navigable waters of the United States; or
    (c) Transfers oil or hazardous material in a port or place subject 
to the jurisdiction of the United States.

[CGD 79-116, 62 FR 25135, May 8, 1997]

[[Page 396]]



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.

[CGFR 65-50, 30 FR 16657, Dec. 30, 1965, as amended by USCG-2004-18884, 
69 FR 58345, Sept. 30, 2004; USCG-2004-18884, 69 FR 68089, Nov. 23, 
2004]



                   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 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
------------------------------------------------------------------------
                                                              IMO  Annex
                                                                  II
                         Cargo name                           Pollution
                                                               Category
------------------------------------------------------------------------
Acetone....................................................      III
Acetophenone...............................................       @D
Acrylonitrile-Styrene copolymer dispersion in Polyether           D
 polyol....................................................
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(C9-C11) poly(2.5-9)ethoxylate......................       B
Alcohol(C12-C15) poly( ... )ethoxylates, see Alcohol(C12-    ...........
 C16) poly( ... )ethoxylates...............................
Alcohol(C12-C16) poly(1-6)ethoxylates......................       A
Alcohol(C12-C16) poly(7-19)ethoxylates.....................       B
Alcohol(C12-C16) poly(20+)ethoxylates......................       C
Alkanes (C6-C9)............................................       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
Alkenyl(C16-C20) succinic anhydride).......................       D
Alkyl(C8+)amine, Alkenyl (C12+) acid ester mixture.........       D
Alkyl(C9+)benzenes.........................................      III

[[Page 397]]

 
Alkylbenzenesulfonic acid (4% or less).....................    
Alkyl dithiothiadiazole (C6-C24)...........................       D
Alkyl ester copolymer (C4-C20).............................       D
Alkyl(C7-C11) phenol poly(4-12)ethoxylates.................       B
Alkyl phenol sulfide (C8-C40), see Alkyl(C8-C40) phenol      ...........
 sulfide...................................................
Alkyl(C8-C40) phenol sulfide...............................       D
Alkyl(C9-C15) phenyl propoxylate...........................      III
n-Alkyl phthalates, see individual phthalates..............  ...........
Alkyl sulfonic acid ester of phenol........................      III
Aminoethyldiethanolamine, Aminoethylethanolamine solution..      III
Amyl acetate (all isomers).................................       C
Amyl alcohol (iso-, n-, sec-, primary).....................       D
Amyl alcohol (tert-).......................................      III
Amylene, see Pentene (all isomers).........................       C
tert-Amyl methyl ether (Methyl tert-pentyl ether)..........       C
Amyl methyl ketone, see Methyl amyl ketone.................       D
Animal and Fish oils, n.o.s................................       D
  (see also Oil, edible, or Oil, misc.)
  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 (C11-C50) alkaryl sulfonate..............       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..................................       D
  (containing Poly(2-8)alkylene(C2-C3) glycols,
   Polyalkylene(C2-C10) glycol monoalkyl(C1-C4) ethers, and
   their borate esters)
Butane.....................................................      LFG
Butene, see Butylene.......................................
Butene oligomer............................................       B
Butyl acetate (all isomers)................................       C
Butyl alcohol (iso-, n-, sec-, tert-), see Butyl alcohol     ...........
 (all isomers).............................................
Butyl alcohol (all isomers)................................      III
Butyl benzyl phthalate.....................................       A
Butylene...................................................      LFG
Butylene glycol............................................       D
1,3-Butylene glycol, see Butylene glycol...................  ...........
Butylene polyglycol, see Butylene glycol...................  ...........
iso-Butyl formate..........................................       D
n-Butyl formate............................................       @D
Butyl heptyl ketone........................................      [C]
Butyl methyl ketone, see Methyl butyl ketone...............  ...........
n-Butyl propionate.........................................       C
Butyl stearate.............................................      III
Butyl toluene..............................................       @A
gamma-Butyrolactone........................................       D
Calcium alkyl(C9)phenol sulfide, polyolefin                       A
 phosphorosulfide mixture..................................
Calcium alkyl salicylate, see Calcium long chain alkyl       ...........
 salicylate (C13+).........................................
Calcium long chain alkaryl sulfonate (C11-C50).............       D
Calcium long chain alkyl phenate (C8-C40), see Calcium long  ...........
 chain alkyl(C5-C10) phenate or Calcium long chain
 alkyl(C11-C40) phenate....................................
Calcium long chain alkyl(C5-C10) phenate...................       C
Calcium long chain alkyl(C11-C40) phenate..................       D
Calcium long chain alkyl phenate sulfide (C8-C40)..........       D
Calcium long chain alkyl phenolic amine (C8-C40)...........      III
Calcium long chain alkyl salicylate (C13+).................       C
Caprolactam solutions......................................       D
Cetyl alcohol (hexadecanol), see Alcohols (C13+)...........  ...........
Cetyl-Stearyl alcohol), see Alcohols (C13+)................      III
[dagger] Coal tar..........................................       A
Copper salt of long chain (C17+) alkanoic acid.............      [D]
Cumene (isopropylbenzene), see Propylbenzene (all isomers).  ...........
Cyclohexane................................................       C
Cyclohexanol...............................................       D
1,3-Cyclopentadiene dimer (molten).........................       B
p-Cymene...................................................       C
Decahydronaphthalene.......................................       D
iso-Decaldehyde............................................       @C
n-Decaldehyde..............................................       @B
Decane, see n-Alkanes (C10+)...............................  ...........
Decene.....................................................       B
Decyl acetate..............................................       B
Decyl alcohol (all isomers)................................       B
n-Decylbenzene, see Alkyl(C9+)benzenes.....................      III
Detergent alkylate.........................................       D
Diacetone alcohol..........................................       D
Dialkyl(C10-C14) benzenes, see Alkyl(C9+)benzenes..........      III
Dialkyl(C8-C9) diphenylamines..............................       D
Dialkyl(C7-C13) phthalates                                        D
  Including:
  Diisodecyl phthalate
  Diisononyl phthalate
  Dinonyl phthalate
  Ditridecyl phthalate
  Diundecyl phthalate
Dibutyl carbinol, see Nonyl alcohol (all isomers)..........  ...........
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....................................
Diethylene glycol butyl ether acetate, see Poly(2-           ...........
 8)alkylene glycol monoalkyl(C1-C6) ether acetate..........
Diethylene glycol dibutyl ether............................       D
Diethylene glycol diethyl ether............................      III
Diethylene glycol ethyl ether, see Poly(2-8)alkylene glycol  ...........
 monoalkyl(C1-C6) ether....................................

[[Page 398]]

 
Diethylene glycol ethyl ether acetate, see Poly(2-           ...........
 8)alkylene glycol monoalkyl(C1-C6) ether acetate..........
Diethylene glycol n-hexyl ether, see Poly(2-8)alkylene       ...........
 glycol monoalkyl(C1-C6) ether.............................
Diethylene glycol methyl ether, see Poly(2-8)alkylene        ...........
 glycol monoalkyl(C1-C6) ether.............................
Diethylene glycol methyl ether acetate, see Poly(2-          ...........
 8)alkylene glycol monoalkyl(C1-C6) ether acetate..........
Diethylene glycol phenyl ether.............................    
Diethylene glycol phthalate................................       D
Diethylene glycol propyl ether, see Poly(2-8)alkylene        ...........
 glycol monoalkyl(C1-C6) ether.............................
Di-(2-ethylhexyl)adipate...................................       D
Di-(2-ethylhexyl)phthalate, see Dioctyl phthalates.........  ...........
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.......  ...........
Diisononyl adipate.........................................       D
Diisononyl phthalate, see Dialkyl(C7-C13) phthalates.......  ...........
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 (molten or solution)..........       D
Dimethyl succinate.........................................       C
Dinonyl phthalate, see Dialkyl(C7-C13) phthalates..........  ...........
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.............................
Dipropylene glycol dibenzoate..............................      [D]
Dipropylene glycol methyl ether, see Poly(2-8)alkylene       ...........
 glycol monoalkyl(C1-C6) ether.............................
Distillates:
  Flashed feed stocks......................................       I
  Straight run.............................................       I
Ditridecyl adipate.........................................      III
Ditridecyl phthalate, see Dialkyl(C7-C13) phthalates.......  ...........
Diundecyl phthalate, see Dialkyl(C7-C13) phthalates........  ...........
Dodecane (all isomers), see also n-Alkanes (C10+)..........      III
Dodecanol..................................................       B
Dodecene (all isomers).....................................       B
Dodecyl alcohol, see Dodecanol.............................  ...........
Dodecylbenzene, see Alkyl(C9+)benzenes.....................      III
Dodecyl hydroxypropyl sulfide..............................       A
Dodecyl phenol.............................................       A
Dodecyl xylene.............................................      III
Drilling mud (low toxicity) (if flammable or combustible)..     [III]
Ethane.....................................................      LFG
2-Ethoxyethyl acetate......................................       C
Ethoxylated alkyloxy alkyl amine, see Ethoxylated long       ...........
 chain (C16+) alkyloxyalkanamine...........................
Ethoxylated long chain (C16+) alkyloxyalkanamine...........       D
Ethoxy triglycol (crude)...................................       D
Ethyl acetate..............................................       D
Ethyl acetoacetate.........................................       D
Ethyl alcohol..............................................      III
Ethyl amyl ketone..........................................       C
Ethylbenzene...............................................       B
Ethyl butanol..............................................       @D
Ethyl tert-butyl ether.....................................       C
Ethyl butyrate.............................................       C
Ethyl cyclohexane..........................................       C
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...................................................
Ethylene glycol methyl butyl ether.........................       D
Ethylene glycol methyl ether acetate.......................       C
Ethylene glycol phenyl ether...............................       D
Ethylene glycol phenyl ether, Diethylene glycol phenyl            D
 ether mixture.............................................
Ethylene-Propylene copolymer (in liquid mixtures)..........     [III]
Ethyl-3-ethoxypropionate...................................       C
2-Ethylhexaldehyde, see Octyl aldehydes....................  ...........
2-Ethylhexanoic acid, see Octanoic acid (all isomers)......  ...........
2-Ethylhexanol, see Octanol (all isomers)..................  ...........
Ethylhexoic acid, see 2-Ethylhexanoic acid.................  ...........
Ethyl hexyl phthalate......................................       C
2-Ethyl-2-(hydroxymethyl) propane-1,3-diol, C8-C10 ester...       D
Ethyl propionate...........................................       D
Ethyl toluene..............................................       B
Fatty acid (saturated, C13+), see Fatty acid (saturated,     ...........
 C14+).....................................................
Fatty acid (saturated, C14+)...............................      III
Formamide..................................................       D
Furfuryl alcohol...........................................       C
[dagger] Gas oil, cracked..................................       I
Gasoline blending stocks:
  Alkylates................................................       I
  [dagger] Reformates......................................       I
Gasolines:
  [dagger] Automotive (containing not over 4.23 grams lead        I
   per gallon).............................................
  [dagger] Aviation (containing not over 4.86 grams lead          I
   per gallon).............................................
  Casinghead (natural).....................................       I
  Polymer..................................................       I

[[Page 399]]

 
  [dagger] 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           B
 ester of tridecyl acetic acid.............................
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
Glyphosate solution (not containing surfactant)............       D
Heptadecane, see n-Alkanes (C10+)..........................  ...........
Heptane (all isomers), see Alkanes (C6-C9).................       C
Heptanoic acid.............................................       D
Heptanol (all isomers).....................................       C
Heptene (all isomers)......................................       C
Heptyl acetate.............................................       B
Herbicide (C15 -H22 -NO2 -Cl), see Metolachlor.............  ...........
1-Hexadecylnaphthalene, 1,4-bis(Hexadecyl)naphthalene            III
 mixture...................................................
Hexaethylene glycol, see Polyethylene glycol...............  ...........
Hexamethylene glycol.......................................      III
Hexamethylenetetramine solutions...........................       D
Hexane (all isomers), see Alkanes (C6-C9)..................       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,         ...........
 hydroxy terminated........................................
Isophorone.................................................       D
Jet fuels:
  [dagger] 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...................................................      III
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)............................
Magnesium sulfonate, see Magnesium long chain alkaryl        ...........
 sulfonate (C11-C50).......................................
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 tert-butyl ether....................................       D
Methyl butyl ketone........................................       D
Methyl butyrate............................................       C
Methyl ethyl ketone........................................      III
N-Methylglucamine solution (70% or less)...................      III
Methyl heptyl ketone.......................................       B
Methyl isobutyl carbinol, see Methyl amyl alcohol..........  ...........
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 tert-pentyl ether (IMO cargo name) tert-Amyl methyl   ...........
 ether.....................................................
2-Methyl-1,3-propanediol...................................      III
Methyl propyl ketone.......................................       D
N-Methyl-2-pyrrolidone.....................................       D
Metolachlor................................................       B
Mineral spirits............................................       I
Myrcene....................................................       D
Naphtha:
  [dagger] Aromatic (having less than 10% Benzene).........       @I
  Heavy....................................................       @I
  Paraffinic...............................................       @I
  [dagger] Petroleum.......................................       I
  [dagger] Solvent.........................................       I
  Stoddard Solvent.........................................       @I
  [dagger] Varnish makers' and painters' (75%).............       @I
Naphthalene sulfonic acid-formaldehyde copolymer, sodium          D
 salt solution.............................................
Naphthenic acid............................................       A
Nonane (all isomers), see Alkanes (C6-C9)..................       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+)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         A
 ``principle components'') ST 1, Cat A (if combustible)....
Noxious liquid, F., (2) n.o.s. (``trade name'' contains           A
 ``principle components'') ST 1, Cat A.....................

[[Page 400]]

 
Noxious liquid, N.F., (3) n.o.s. (``trade name'' contains         A
 ``principle components'') ST 2, Cat A (if combustible)....
Noxious liquid, F., (4) n.o.s. (``trade name'' contains           A
 ``principle components'') ST 2, Cat A.....................
Noxious liquid, N.F., (5) n.o.s. (``trade name'' contains         B
 ``principle components'') ST 2, Cat B (if combustible)....
Noxious liquid, N.F., (6) n.o.s. (``trade name'' contains         B
 ``principle components'') ST 2, Cat B, mp. equal to or
 greater than 15 deg. C (if combustible)...................
Noxious liquid, F., (7) n.o.s. (``trade name'' contains           B
 ``principle components'') ST 2, Cat B.....................
Noxious liquid, F., (8) n.o.s. (``trade name'' contains           B
 ``principle components'') ST 2, Cat B, mp. equal to or
 greater than 15 deg. C....................................
Noxious liquid, N.F., (9) n.o.s. (``trade name'' contains         A
 ``principle components'') ST 3, Cat A (if combustible)....
Noxious liquid, F., (10) n.o.s. (``trade name'' contains          A
 ``principle components'') ST 3, Cat A.....................
Noxious liquid, N.F., (11) n.o.s. (``trade name'' contains        B
 ``principle components'') ST 3, Cat B (if combustible)....
Noxious liquid, N.F., (12) n.o.s. (``trade name'' contains        B
 ``principle components'') ST 3, Cat B, mp. equal to or
 greater than 15 deg. C (if combustible)...................
Noxious liquid, F., (13) n.o.s. (``trade name'' contains          B
 ``principle components'') ST 3, Cat B.....................
Noxious liquid, F., (14) n.o.s. (``trade name'' contains          B
 ``principle components'') ST 3, Cat B, mp. equal to or
 greater than 15 deg. C....................................
Noxious liquid, N.F., (15) n.o.s. (``trade name'' contains        C
 ``principle components'') ST 3, Cat C (if combustible)....
Noxious liquid, F., (16) n.o.s. (``trade name'' contains          C
 ``principle components'') ST 3, Cat C.....................
Noxious liquid, n.o.s. (17) (``trade name,'' contains             D
 ``principal components''), Category D (if flammable or
 combustible)..............................................
Non-noxious liquid, n.o.s. (18) (``trade name,'' contains        III
 ``principal components''), Appendix III (if flammable or
 combustible)..............................................
Octadecene, see the olefin or alpha-olefin entries.........  ...........
Octadecenoamide solution (oleamide)........................      [D]
Octane (all isomers), see Alkanes (C6-C9)..................       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 Dioctyl    ...........
 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, fatty acid..................................       C
  Coconut oil, fatty acid methyl ester.....................       D
  Cottonseed, fatty acid, see Cottonseed oil, fatty acid...  ...........
  [dagger] 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
  Penetrating..............................................       I
  Perilla..................................................       D
  Pilchard.................................................       D
  Pine.....................................................       C
  Residual.................................................       I
  Road.....................................................       I
  Rosin....................................................       B
  Seal.....................................................       I

[[Page 401]]

 
  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+)...........  ...........
Palm kernel acid oil, methyl ester.........................      [D]
Palm stearin...............................................       D
n-Paraffins (C10-C20), see n-Alkanes (C10+)................  ...........
Pentadecanol, see Alcohols (C13+)..........................  ...........
Pentaethylene glycol, see Polyethylene glycols.............  ...........
Pentaethylenehexamine......................................       D
Pentane (all isomers)......................................       C
Pentanoic acid.............................................       D
Pentene (all isomers)......................................       C
n-Pentyl propionate........................................       C
Petrolatum.................................................      III
1-Phenyl-1-xylyl ethane....................................       C
Phosphate esters, alkyl(C12-C14) amine.....................       B
Phosphosulfurized bicyclic terpene.........................    
Pinene, see the alpha- or beta- isomers....................  ...........
alpha-Pinene...............................................       A
beta-Pinene................................................       B
Polyalkylene glycols, Polyalkylene glycol monoalkyl ethers        @D
 mixtures..................................................
Polyalkylene glycol butyl ether, see Poly(2-8)alkylene       ...........
 glycol monoalkyl(C1-C6) ether.............................
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
Polycarboxylic ester (C9+), see Ditridecyl adipate.........
Polyalkyl(C10-C20) methacrylate............................       D
Polybutadiene, hydroxy 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.............................
Polyglycerine, Sodium salts solution (containing less than       III
 3% Sodium hydroxide)......................................
Polyglycerol...............................................      III
Polyisobutenyl anhydride adduct............................      III
Poly(4+)isobutylene........................................      III
Polymerized esters.........................................    
Polyolefin (molecular weight 300+).........................      III
Polyolefin amide alkeneamine (C17+)........................       D
Polyolefin amide alkeneamine (C28+)........................       D
Polyolefin amide alkeneamine borate (C28-C250).............       D
Polyolefin amide alkeneamine/Molybdenum oxysulfide mixture.       C
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.............................
Polysiloxane...............................................      III
Potassium oleate...........................................       C
Potassium salt of polyolefin acid..........................      III
Propane....................................................      LFG
n-Propoxypropanol (propylene glycol propyl ether), see       ...........
 Propylene glycol monoalkyl ether..........................
iso-Propyl acetate.........................................      III
n-Propyl acetate...........................................       D
iso-Propyl alcohol.........................................      III
n-Propyl alcohol...........................................      III
iso-Propylbenzene (cumene), see Propylbenzene (all isomers)  ...........
n-Propylbenzene, see Propylbenzene (all isomers)...........  ...........
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...........................................
Propylene glycol ethyl ether, see Propylene glycol           ...........
 monoalkyl ether...........................................
Propylene glycol methyl ether, see Propylene glycol          ...........
 monoalkyl ether...........................................
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 propyl ether
Propylene glycol phenyl ether..............................       D

[[Page 402]]

 
Propylene glycol propyl ether, see Propylene glycol          ...........
 monoalkyl ether...........................................
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, C14+).............  ...........
Stearyl alcohol (octadecanol)..............................      III
Sulfohydrocarbon (C3-C88)..................................       D
Sulfohydrocarbon, long chain (C18+) alkylamine.............       B
Sulfolane..................................................       D
Sulfurized fat (C14-C20)...................................       D
Sulfurized polyolefinamide alkene(C28-C250)amine...........       D
Tallow.....................................................       D
Tallow alcohol, see Alcohols (C13+)........................  ...........
Tallow fatty acid..........................................       D
Tallow alkyl nitrile.......................................   
Tetradecanol, see Alcohols (C13+)..........................  ...........
Tetradecene, see the olefin or alpha-olefin entries........  ...........
Tetradecylbenzene, see Alkyl(C9+)benzenes..................      III
Tetraethylene glycol.......................................      III
Tetrahydronaphthalene......................................       C
Tetrapropylbenzene, see Alkyl(C9+)benzenes.................  ...........
Toluene....................................................       C
Triarylphosphate, see Triisopropylated phenyl phosphates...  ...........
Tributyl phosphate.........................................       B
Tricresyl phosphate (less than 1% of the ortho isomer).....       A
Tridecane, see n-Alkanes (C10+)............................  ...........
Tridecanoic acid...........................................       B
Tridecanol, see Alcohols (C13+)............................  ...........
Tridecene, see Olefins (C13+)..............................  ...........
Tridecyl acetate...........................................      III
Tridecylbenzene, see Alkyl(C9+)benzenes....................      III
Triethylbenzene............................................       A
Triethylene glycol.........................................      III
Triethylene glycol butyl ether, see Poly(2-8)alkylene        ...........
 glycol monoalkyl(C1-C6) ether.............................
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.............................
Triethylene glycol methyl ether, see Poly(2-8)alkylene       ...........
 glycol monoalkyl(C1-C6) ether.............................
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.........................  ...........
Tripropylene glycol........................................      III
Tripropylene glycol methyl ether, see Poly(2-8)alkylene      ...........
 glycol monoalkyl(C1-C6) ether.............................
Trixylenyl phosphate.......................................       A
Trixylyl phosphate, see Trixylenyl phosphate...............       A
Turpentine.................................................       B
[dagger]Turpentine substitute, see White spirit (low (15-    ...........
 20%) aromatic)............................................
Undecanol, see 1- Undecyl alcohol..........................  ...........
Undecene...................................................       B
1- Undecyl alcohol.........................................       B
Undecylbenzene, see Alkyl(C9+)benzenes.....................      III
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
    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
[dagger]White spirit, see White spirit (low (15-20%)         ...........
 aromatic).................................................
[dagger]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
------------------------------------------------------------------------
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:

[[Page 403]]

 
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.
[dagger]--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 italic are not part of 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 00-7079, 65 FR 67157, Nov. 8, 2000]



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.
    (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) 372-1251.

[CGD 79-081a, 45 FR 23427, Apr. 7, 1980, as amended by CGD 95-072, 60 FR 
50461, Sept. 29, 1995; USCG-2006-25697, 71 FR 55745, Sept. 25, 2006]



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 13 of 
this chapter, and by

[[Page 404]]

comparison to the U.S. laws referenced in those regulations.

[CGD79-081a, 45 FR 23427, Apr. 7, 1980, as amended by CGD 97-057, 62 FR 
51043, Sept. 30, 1997]



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.

[CGD 79-081a, 45 FR 23427, Apr. 7, 1980, as amended by USCG-2004-18884, 
69 FR 58345, Sept. 30, 2004; USCG-2004-18884, 69 FR 68089, Nov. 23, 
2004]



PART 31_INSPECTION AND CERTIFICATION--Table of Contents




                          Subpart 31.01_General

Sec.
31.01-1 Inspections required--TB/ALL.
31.01-3 Alternate compliance.
31.01-5 Scope of initial inspection--TB/ALL.
31.01-10 Authority of marine inspectors--TB/ALL.
31.01-15 Application for a Certificate of 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 for a 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 Annual and periodic inspections--TB/ALL.
31.10-17a Certificate of inspection: Conditions of validity.
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.
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.
31.10-35 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.

[[Page 405]]

                    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 31.40_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 Radio Certificate--T/ALL.
31.40-25 Exemption Certificate--T/ALL.
31.40-30 Safety Management Certificate--T/ALL.
31.40-35 Availability of certificates.
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, 3205, 3306, 3307, 
3703; 46 U.S.C. Chapter 701; 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; Department of Homeland Security Delegation No. 0170.1. 
Section 31.10-21 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 every 5 years or more often, if necessary, by the 
Coast Guard to see that the hull, boilers, machinery, equipment, 
apparatus for storage, and appliances of the vessel comply with marine 
inspection laws, and the regulations in this subchapter, and when 
applicable, subchapters E, F, J, O, Q, S, and W of this chapter and 33 
CFR parts 155 and 157.
    (b) Tank vessels which are laid up, dismantled, and out of 
commission are exempt from inspections required by law or regulations in 
this subchapter, provided that such vessels are cleaned of all cargo 
residue and maintained in a gas free condition.
    (c) For inspection and tests of tanks containing certain dangerous 
cargoes in bulk, see part 98 and subchapter O of this chapter.

[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; CGD 
97-057, 62 FR 51043, Sept. 30, 1997; USCG-1999-4976, 65 FR 6499, Feb. 9, 
2000]



Sec. 31.01-3  Alternate compliance.

    (a) In place of compliance with other applicable provisions of this 
subchapter, the owner or operator of a vessel subject to plan review and 
inspection under this subchapter for initial issuance or renewal of a 
Certificate of Inspection may comply with the Alternate Compliance 
Program provisions of part 8 of this chapter.
    (b) For the purposes of this section, a list of authorized 
classification societies, including information for ordering copies of 
approved classification society rules and supplements, is available from 
Commandant (G-MSE), 2100 Second St., SW., Washington, DC 20593-0001; 
telephone (202) 372-1372; or fax (202) 372-1925. Approved classification 
society rules and supplements are incorporated by reference into 46 CFR 
8.110(b).

[CGD 95-010, 62 FR 67536, Dec. 24, 1997, as amended by USCG-1999-5004, 
64 FR 30439, June 8, 1999; USCG-2004-18884, 69 FR 58345, Sept. 30, 2004; 
USCG-2006-25697, 71 FR 55745, Sept. 25, 2006]



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

[[Page 406]]

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 a Certificate of inspection--TB/ALL.

    (a) You must submit a written application for an inspection for 
certification to the cognizant OCMI. To renew a Certificate of 
Inspection, you must submit an application at least 30 days before the 
expiration of the tank vessel's current Certificate of Inspection. When 
renewing a Certificate of Inspection, you must schedule an inspection 
for certification within the 3 months before the expiration date of the 
current Certificate of Inspection.
    (b) The application should be on Form CG-3752, Application for 
Inspection of U.S. Vessel, which requires information on name and type 
of vessel, nature of employment and route in which to be operated, grade 
or type of cargo to be carried, place where and date when the vessel may 
be inspected, and that no other application has been made to any Officer 
in Charge, Marine Inspection, since the issuance of the last valid 
certificate of inspection.

[CGFR 65-50, 30 FR 16662, Dec. 30, 1965, as amended by USCG-1999-4976, 
65 FR 6499, Feb. 9, 2000]



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.)



                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 all applicable 
regulations, including the applicable provisions of subchapters E, F, J, 
O, Q, S, and W of this chapter and of 33 CFR parts 104, 155, and 157, 
the Officer in Charge, Marine Inspection will issue a certificate of 
inspection to the vessel or to its owners.
    (b) Certificates of inspection for tank vessels shall be similar in 
form to certificates issued to other cargo vessels, and in addition to 
the manning requirements and waters over which they may be operated, 
they shall be appropriately endorsed 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.

[[Page 407]]

    (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; USCG-2003-14749, 68 FR 39314, July 1, 
2003]



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 for a Certificate of 

Inspection--TB/ALL.

    (a) A Certificate of Inspection is valid for 5 years.
    (b) Application may be made by the master, owner, or agent for 
inspection and issuance of a new certificate of inspection at any time 
during the period of validity of the current certificate.
    (c) Certificates of inspection may be revoked or suspended by the 
Coast Guard where such process is authorized by law. This may occur if 
the vessel does not meet the requirements of law or regulations in this 
chapter or if there is a failure to maintain the safety requirements 
requisite to the issuance of a certificate of inspection.

[CGFR 68-82, 33 FR 18804, Dec. 18, 1968, as amended by CGD 95-012, 60 FR 
48049, Sept. 18, 1995; USCG-1999-4976, 65 FR 6499, Feb. 9, 2000]



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, ABS Plaza, 16855 
Northchase Drive, Houston, TX 77060. 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 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; USCG-2000-7790, 65 FR 58459, Sept. 29, 2000]



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 the Marine 
Safety Center, 1900 Half Street, SW., Suite 1000, Room 525, Washington, 
DC 20024, 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;

[[Page 408]]

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 the 
Marine Safety Center. If such plans and specifications are not approved, 
the Marine Safety Center 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. Plans and specifications for cargo gear shall be 
approved by either a recognized classification society or the 
International Cargo Gear Bureau, Inc., whose home office is located at 
321 West 44th Street, New York, NY 10036, prior to submission to the 
Officer in Charge, Marine Inspection.
    (2) For vessels of 100 meters (328 feet) or more in length 
contracted for on or after September 7, 1990, a plan must be included 
which shows how visibility from the navigation bridge will meet the 
standards contained in 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; CGD 95-
028, 62 FR 51197, Sept. 30, 1997; USCG-2000-7790, 65 FR 58459, Sept. 29, 
2000; USCG-2007-29018, 72 FR 53964, Sept. 21, 2007]



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) After receiving an application for inspection, the OCMI will 
inspect a tank vessel in his or her jurisdiction once every 5 years. The 
OCMI will ensure that every tank vessel is of a structure suitable for 
the carriage of flammable and/or combustible liquids in bulk and for the 
proper grade or grades of cargo the vessel carries while in service. If 
the OCMI deems it necessary, he or she may direct the vessel to be put 
in motion, and may adopt any other suitable means to test the tank 
vessel and its equipment.
    (b) The inspection for certification shall include an inspection of 
the structure, boilers, and other pressure vessels, machinery and 
equipment. The inspection shall be such as to insure that the vessel, as 
regards the structure, boilers, and other pressure vessels and their 
appurtenances, piping, main and auxiliary machinery, electrical 
installations, life-saving appliances, fire-detecting and extinguishing 
equipment, pilot boarding equipment, and other equipment is in 
satisfactory condition and fit for the service for which it is intended, 
and that it complies with the applicable regulations for such vessels, 
and determine that the vessel is in possession of a valid certificate 
issued by the Federal Communications Commission, if required. The 
lights, means of making sound signals, and distress signals carried by 
the vessel shall also be subject to the above-mentioned inspection for 
the purpose of ensuring that they comply with the requirements of the 
applicable statutes and regulations.

[[Page 409]]

    (c) If the vessel passes the inspection for certification, the OCMI 
will issue a new Certificate of Inspection.

[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; 
USCG-1999-4976, 65 FR 6499, Feb. 9, 2000]



Sec. 31.10-16  Inspection and certification of cargo gear--TB/ALL.

    (a) The owner, operator or master shall provide the Officer in 
Charge, Marine Inspection with all current valid certificates and 
registers of cargo gear issued by competent persons or a recognized 
organization or nonprofit association approved by the Commandant to 
certify the suitability of the cargo gear.
    (b) Every acceptable cargo gear certificate and/or register shall be 
properly executed by a person authorized to do so and shall:
    (1) Certify as to the tests and examinations conducted;
    (2) Show the dates on which the tests and examinations were 
conducted; and
    (3) Indicate that the cargo gear described in the certificate or 
register complies with the standards of the organization or association 
authorized to issue the certificate or register.
    (c) Competent persons for the purposes of this section are defined 
as--
    (1) Surveyors of a classification society recognized by the 
Commandant under 46 U.S.C. 3316,
    (2) Surveyors of a recognized cargo gear organization; or
    (3) Responsible officials or employees of the testing laboratories, 
companies, or organizations who conduct tests of pieces of loose cargo 
gear, wire rope, or the annealing of gear as may be required by the 
standards of the organization or association authorized to issue the 
certificate or register.
    (d) The registers issued in connection with cargo gear certification 
must have all required entries fully completed as of the dates 
indicated, shall be kept current, and shall include the following:
    (1) A register of the cargo handling machinery and the gear 
accessory thereto carried on the vessel named therein;
    (2) Certification of the testing and examination of winches, 
derricks, and their accessory gear;
    (3) Certification of the testing and examination of cranes, hoists, 
and their accessory gear;
    (4) Certification of the testing and examination of chains, rings, 
hooks, shackles, swivels, and blocks;
    (5) Certification of the testing and examination of wire rope;
    (6) Certification of the heat treatment of chains, rings, hooks, 
shackles, and swivels which require such treatment; and,
    (7) Certification of the annual thorough examinations of gear not 
required to be periodically heat treated.
    (e) The authorization for an organization to perform the required 
inspection is granted by the Commandant (CG-3PCV), and will continue 
until superseded, canceled, or modified. The following organization is 
currently recognized, by the Commandant (CG-3PCV), as having the 
technical competence to handle the required inspection:

The International Cargo Gear Bureau, Inc., with home office at 321 West 
44th Street, New York, NY 10036.

[CGFR 65-50, 30 FR 16662, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 
51197, Sept. 30, 1997; USCG-2007-29018, 72 FR 53964, Sept. 21, 2007]



Sec. 31.10-17  Annual and periodic inspections--TB/ALL.

    (a) Annual inspection. Your vessel must undergo an annual inspection 
within 3 months before or after each anniversary date, except as 
specified in paragraph (b) of this section.
    (1) You must contact the cognizant OCMI to schedule an inspection at 
a time and place which he or she approves. No written application is 
required.
    (2) The scope of the annual inspection is the same as the inspection 
for certification but in less detail unless the cognizant marine 
inspector finds deficiencies or determines that a major change has 
occurred since the last inspection. If deficiencies are found or a major 
change to the vessel has occurred, the marine inspector will conduct an 
inspection more detailed in

[[Page 410]]

scope to ensure that the vessel is in satisfactory condition and fit for 
the service for which it is intended. If your vessel passes the annual 
inspection, the marine inspector will endorse your vessel's current 
Certificate of Inspection.
    (3) If the annual inspection reveals deficiencies in your vessel's 
maintenance, you must make any or all repairs or improvements within the 
time period specified by the OCMI.
    (4) Nothing in this subpart limits the marine inspector from 
conducting such tests or inspections he or she deems necessary to be 
assured of the vessel's seaworthiness.
    (b) Periodic inspection. Your vessel must undergo a periodic 
inspection within 3 months before or after the second or third 
anniversary of the date of your vessel's Certificate of Inspection. This 
periodic inspection will take the place of an annual inspection.
    (1) You must contact the cognizant OCMI to schedule an inspection at 
a time and place which he or she approves. No written application is 
required.
    (2) The scope of the periodic inspection is the same as that for the 
inspection for certification, as specified in Sec. 31.10-15(b). The 
OCMI will ensure that the vessel is in satisfactory condition and fit 
for the service for which it is intended. If your vessel passes the 
periodic inspection, the marine inspector will endorse your vessel's 
current Certificate of Inspection.
    (3) If the periodic inspection reveals deficiencies in your vessel's 
maintenance, you must make any or all repairs or improvements within the 
time period specified by the OCMI.
    (4) Nothing in this subpart limits the marine inspector from 
conducting such tests or inspections he or she deems necessary to be 
assured of the vessel's seaworthiness.

[USCG-1999-4976, 65 FR 6499, Feb. 9, 2000]



Sec. 31.10-17a  Certificate of Inspection: Conditions of validity.

    To maintain a valid Certificate of Inspection, you must complete 
your annual and periodic inspections within the periods specified in 
Sec. 31.10-17 (a) and (b) and your Certificate of Inspection must be 
endorsed.

[USCG-1999-4976, 65 FR 6500, Feb. 9, 2000]



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.

[[Page 411]]

 
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 Sec. Sec.
  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:

                            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 Sec. Sec.  147.60 and 147.65 of this
  chapter.

    (d) Deck foam systems shall be tested at the inspection for 
certification and the periodic inspection by discharging foam for 
approximately 15 seconds from any nozzle designated by the marine 
inspector. It shall not be required to deliver foam from all foam 
outlets, but all lines and nozzles shall be tested with water to prove 
them to be clear of obstruction. Before the inspection for certification 
and periodic inspection of deck foam systems utilizing a mechanical foam 
system, a representative sample of the foam liquid shall be submitted to 
the manufacturer who will issue a certificate indicating gravity, pH, 
percentage of water dilution and solid content.
    (e) At each inspection for certification, periodic inspection, and 
at such other times as considered necessary, the inspector shall 
determine that all fire extinguishing equipment is in suitable condition 
and that the tests and inspections required by paragraphs (b) through 
(i) of this section have been conducted. In addition, the marine 
inspector may require such tests as are considered necessary to 
determine the condition of the equipment.
    (f) On all fire extinguishing systems, all the piping, controls, 
valves, and alarms shall be checked by the marine inspector to ascertain 
that the system is in good operating condition.
    (g) The fire main system shall be operated and the pressure checked 
at the most remote and highest outlets by the marine inspector. All fire 
hose shall be subjected to a test pressure equivalent to the maximum 
pressure to which they may be subjected in service, but not less than 
100 p.s.i. The marine inspector shall check that the hose couplings are 
securely fastened in accordance with the regulations of this subchapter.
    (h) At each inspection for certification, periodic inspection, and 
at such other times as considered necessary, all carbon dioxide 
cylinders for fixed, semiportable, and portable systems shall be 
examined and replaced if any corrosion is found. They shall also be 
checked by weighing to determine their contents, and if found to be more 
than 10 percent under the required contents of carbon dioxide, they 
shall be recharged.
    (i) Steam smothering lines shall be tested with at least 50 pounds 
per

[[Page 412]]

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; USCG-1999-
4976, 65 FR 6500, Feb. 9, 2000]



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 
used, except as provided under Sec. Sec. 31.10-18(h) and 34.15-90(a) of 
this subchapter.
    (b) [Reserved]



Sec. 31.10-20  Definitions relating to hull examinations--T/B ALL.

    As used in this part--
    (a) Drydock examination means hauling out of 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.
    (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.

[CGD 84-024, 52 FR 39649, Oct. 23, 1987, as amended by CGD 84-024, 53 FR 
32229, Aug. 24, 1988; CGD 95-028, 62 FR 51197, Sept. 30, 1997]



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 413]]

[GRAPHIC] [TIFF OMITTED] TR30JY96.000

    (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

[[Page 414]]

two examinations within any five year period. No more than three years 
may elapse between any two examinations.
[GRAPHIC] [TIFF OMITTED] TR30JY96.001


[[Page 415]]


    (b) During each inspection or reinspection for certification, all 
wing voids, rakes, cofferdams, and other void spaces on tank barges must 
be opened and checked from on-deck for the presence of water or cargo 
indicating hull damage or cargo tank leakage. If water or cargo is not 
present, these spaces need not be gas freed, ventilated, cleaned, or 
otherwise prepared for personnel entry. If water or cargo is present, an 
internal structural examination may be required.
    (c) If, during an internal structural examination, cargo tank 
internal examination, or underwater survey, damage or deterioration to 
the hull plating, structural members, or cargo tanks is discovered, the 
Officer in Charge, Marine Inspection, may require the vessel to be 
drydocked or otherwise taken out of service to further assess the extent 
of the damage and to effect permanent repairs.
    (d) Vessels less than 15 years of age (except wooden hull vessels) 
that are in salt water service with a 2.5 year drydock interval (as 
indicated in table 31.10-21(a) of this section) or that are in fresh 
water service with a five year drydock interval (as indicated in table 
31.10-21(b) of this section) may be considered for an underwater survey 
instead of alternate drydock examinations, provided the vessel is fitted 
with an effective hull protection system. Vessel owners or operators 
must apply to the Officer in Charge, Marine Inspection, for approval of 
underwater surveys instead of alternate drydock examinations for each 
vessel. The application must include the following information:
    (1) The procedure to be followed in carrying out the underwater 
survey.
    (2) The location where the underwater survey will be accomplished.
    (3) The method to be used to accurately determine the diver location 
relative to the hull.
    (4) The means that will be provided for examining through-hull 
fittings.
    (5) The means that will be provided for taking shaft bearing 
clearances.
    (6) The condition of the vessel, including the anticipated draft of 
the vessel at the time of the survey.
    (7) A description of the hull protection system.
    (e) Vessels otherwise qualifying under paragraph (d) of this 
section, that are 15 years of age or older may be considered for 
continued participation in or entry into the underwater survey program 
on a case-by-case basis, if--
    (1) Before the vessel's next scheduled drydocking, the owner or 
operator submits a request for participation or continued participation 
to Commandant (G-MOC);
    (2) During the vessel's next drydocking after the request is 
submitted, no appreciable hull deterioration is indicated as a result of 
a complete set of hull gaugings; and
    (3) The results of the hull gauging and the results of the Coast 
Guard drydock examination together with the recommendation of the 
Officer in Charge, Marine Inspection, are submitted to Commandant (G-
MOC) for final approval.
    (f) Each vessel which has not met with the applicable examination 
schedules in paragraphs (a) through (e) of this section because it is on 
a voyage, must undergo the required examinations upon completion of the 
voyage.
    (g) The Commandant (G-MOC) may authorize extensions to the 
examination intervals specified in paragraph (a) of this section.

[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; CGD 95-028, 62 FR 51198, Sept. 30, 1997]



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.

[[Page 416]]

    (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 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

[[Page 417]]

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 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. 31.10-35  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.

[[Page 418]]

    (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.



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.

[[Page 419]]



                        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 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 31.40_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. (See Sec. 30.01-6 of this chapter.)

[CGD 95-012, 60 FR 48049, Sept. 18, 1995, as amended by USCG-1999-4976, 
65 FR 6500, Feb. 9, 2000]



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.

[[Page 420]]



Sec. 31.40-15  Cargo Ship Safety Radio Certificate--T/ALL.

    Every tankship equipped with a radio installation on an 
international voyage must have a Cargo Ship Safety Radio Certificate. 
Each radio installation must meet the requirements of the Federal 
Communication Commission and the International Convention for Safety of 
Life at Sea.

[USCG-1999-4976, 65 FR 6500, Feb. 9, 2000]



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. 31.40-30  Safety Management Certificate--T/ALL.

    All tankships to which 33 CFR part 96 applies on an international 
voyage must have a valid Safety Management Certificate and a copy of 
their company's valid Document of Compliance certificate on board.

[CGD 95-073, 62 FR 67514, Dec. 24, 1997]



Sec. 31.40-35  Availability of certificates.

    The Convention certificates shall be on board the vessel and readily 
available for examination at all times.

[USCG-1999-4976, 65 FR 6500, Feb. 9, 2000]



Sec. 31.40-40  Duration of Convention certificates--T/ALL.

    (a) The following certificates are valid for a period of not more 
than 60 months.
    (1) A Cargo Ship Safety Construction Certificate.
    (2) A Cargo Ship Safety Equipment Certificate.
    (3) A Safety Management Certificate.
    (4) A Cargo Ship Safety Radio Certificate.
    (b) An Exemption certificate must not be valid for longer than the 
period of the certificate to which it refers.
    (c) A Convention certificate may be withdrawn, revoked, or suspended 
at any time when it is determined that the vessel is no longer in 
compliance with applicable requirements. (See Sec. 2.01-70 of this 
chapter for procedures governing appeals.)

[USCG-1999-4976, 65 FR 6500, Feb. 9, 2000]



Sec. 31.40-45  American Bureau of Shipping--T/ALL.

    (a) The American Bureau of Shipping, with its home office at ABS 
Plaza, 16855 Northchase Drive, Houston, TX 77060, is hereby designated 
as an organization duly authorized to issue the 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

[[Page 421]]

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; USCG-
2000-7790, 65 FR 58459, Sept. 29, 2000]



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

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.

  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.

[[Page 422]]

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.

                  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.
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.
32.55-45 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.

[[Page 423]]

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.

 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, 3719; E.O. 12234, 45 FR 
58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46; Subpart 32.59 also issued 
under the authority of Sec. 4109, Pub. L. 101-380, 104 Stat. 515.

    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 U.S. Coast Guard, Office 
of Design and Engineering Standards (G-MSE), 2100 Second Street SW., 
Washington, DC 20593-0001 or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html. 
All material 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)

ABS Plaza, 16855 Northchase Drive, Houston, TX 77060
Rules for Building and Classing Steel Vessels, 1989............32.15-15; 
                                                      32.60-10; 32.65-40

[[Page 424]]

            American Society for Testing and Materials (ASTM)

100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
ASTM D 4986-98, Standard Test Method for Horizontal Burning 
Characteristics of Cellular Polymeric Materials.................32.57-10
ASTM F 1273-91 (1997), Standard Specification for Tank Vent Flame 
Arresters.......................................................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; CGD 97-
057, 62 FR 51043, Sept. 30, 1997; USCG-1999-5151, 64 FR 67177, Dec. 1, 
1999; USCG-2000-7790, 65 FR 58459, Sept. 29, 2000]



                    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 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 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

[[Page 425]]

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 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]

[[Page 426]]



                   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. Use the following table to determine which 
provisions of this section apply to you:

------------------------------------------------------------------------
      If you own . . .              And . . .            Then . . .
------------------------------------------------------------------------
(1) A tankship or a manned    It was constructed    It must meet the
 seagoing barge.               before June 15,       requirements of
                               1987,                 paragraphs (d) and
                                                     (f).
(2) A tankship or a manned    It was constructed    It must meet all the
 seagoing barge.               on or after June      requirements of
                               15, 1987,             this section except
                                                     paragraphs (d) and
                                                     (e).
(3) An unmanned barge                               It must meet the
 equipped with anchors.                              requirements of
                                                     paragraphs (e) and
                                                     (f).
------------------------------------------------------------------------

    (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.
    (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 Before June 15, 1987. For each 
tankship or manned seagoing barge constructed before June 15, 1987, 
except a barge specified in paragraph (e) of this section, the equipment 
previously accepted or approved is satisfactory for the same service so 
long as it is maintained in good condition to the satisfaction of the 
Officer in Charge, Marine Inspection (OCMI). If the service of the 
vessel changes, the OCMI will evaluate the suitability of the equipment.
    (e) Barges Equipped with Anchors to Comply with 33 CFR 
155.230(b)(1). Each barge equipped with an anchor, to comply with 33 CFR 
155.230(b)(1), must be fitted with an operable anchoring system that 
includes a cable or chain, and a winch or windlass. All components of 
the system must be in general conformity with the standards issued by a 
recognized classification society. Inquiries concerning classification 
society standards for anchoring systems should be directed to Commandant 
(G-PSE-3), 2100 Second Street, SW., Washington DC, 20593-0001; telephone 
(202) 372-1378 or fax (202) 372-1925. If the Coast Guard finds that your 
anchoring system is not in general conformity with an approved standard, 
it will advise you how to bring it into such conformity.

[[Page 427]]

    (f) Operation and Performance. Each anchor, exposed length of chain 
or cable, and hawser must be visually inspected before the barge begins 
each voyage. The anchor must be stowed so that it is ready for immediate 
use in an emergency. The barge must have a working means for releasing 
the anchor that can be operated safely by one or two persons.

[CGD 84-073, 52 FR 18362, May 15, 1987; 52 FR 22751, June 15, 1987, as 
amended by USCG 1998-4443, 63 FR 71764, Dec. 30, 1998; USCG 1998-4443, 
65 FR 31813, May 19, 2000; USCG-2006-25697, 71 FR 55746, Sept. 25, 2006]



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 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]

[[Page 428]]



                  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 (incorporated by reference, see Sec. 
32.01-1).

[CGD 88-032, 56 FR 35821, July 29, 1991, as amended by USCG-2000-7790, 
65 FR 58459, Sept. 29, 2000]



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, except as otherwise provided for in this subchapter.

[[Page 429]]



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 fitted doors or hatches between crew spaces and chain lockers, or 
machinery spaces.

[[Page 430]]



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.



Sec. 32.40-40  Other spaces--T/ALL.

    Each vessel must have--
    (a) Sufficient facilities where the crew may wash and dry their own

[[Page 431]]

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]
    (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]

[[Page 432]]



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 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

[[Page 433]]

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.
    (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.

[[Page 434]]

    (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. 3701) crude oil tanker or product 
carrier, or foreign flag crude oil tanker or product carrier of 20,000 
DWT tons or more entering the navigable waters of the U.S.
    (3) A crude oil tanker that is equipped with a cargo tank cleaning 
system that uses crude oil washing.
    (4) An existing product carrier of 20,000 deadweight tons (metric) 
or more that has tank washing machines with a capacity of more than 60 
cubic meters per hour after May 31, 1983.
    (5) Any other U.S. or foreign flag:
    (i) Crude oil tanker or product carrier of 70,000 deadweight tons 
(metric) and over after May 31, 1981;
    (ii) Crude oil tanker between 20,000 and 70,000 deadweight tons 
(metric) after May 31, 1983;
    (iii) Product carrier between 40,000 and 70,000 deadweight tons 
(metric) after May 31, 1983.
    (b) This subpart does not apply to vessels designed to carry only:
    (1) Liquefied gas cargo; or
    (2) Grade E cargo that is carried at a temperature lower than 5[deg] 
C below its flash point.
    (c) This part does not apply to vessels as stated in 46 U.S.C. 3702.

[CGD 77-057a, 44 FR 66501, Nov. 19, 1979, as amended by CGD 97-057, 62 
FR 51043, Sept. 30, 1997; CGD 95-028, 62 FR 51198, Sept. 30, 1997]



Sec. 32.53-3  Exemptions.

    (a) The Assistant Commandant for Marine Safety and Environmental 
Protection grants exemptions for crude oil tankers of less than 40,000 
deadweight tons not fitted with high capacity tank washing machines, if 
the vessel's owner can show that compliance would be unreasonable and 
impracticable due to the vessel's design characteristics.
    (b) Requests for exemptions must be submitted in writing to: 
Commandant (G-MSO), U.S. Coast Guard, Washington, DC 20593-0001.
    (c) Each request must be supported by documentation showing that:
    (1) The system would be detrimental to the safe operation of the 
vessel;
    (2) It is physically impracticable to install the system; or
    (3) Adequate maintenance of the system would be impossible.
    (d) The vessel's owner may request a conference. The exemption 
request file will be available for use in the conference and additional 
arguments or evidence in any form may be presented. The conference will 
be recorded. The presiding officer summarizes the material presented at 
the conference and submits written recommendations to

[[Page 435]]

the Assistant Commandant for Marine Safety and Environmental Protection.
    (e) The Assistant Commandant for Marine Safety and Environmental 
Protection reviews the exemption request file and decides whether to 
grant or deny the exemption. The decision shall include an explanation 
of the basis on which the exemption is granted or denied, and 
constitutes final agency action.

[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; CGD 97-057, 62 FR 51043, Sept. 30, 1997]



Sec. 32.53-5  Operation-T/ALL.

    Unless the cargo tanks are gas free, the master of each tankship to 
which this subpart applies shall ensure that the inert gas system is 
operated as necessary to maintain an inert atmosphere in the cargo 
tanks.

[USCG-2001-10224, 66 FR 48619, Sept. 21, 2001]



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, constructed and 
installed in accordance with the provisions of SOLAS II-2, regulation 
62, with the following provisions:
    (1) Acceptable types of water seals include the wet and semiwet 
type. Other types of seals may be accepted on a case by case basis if 
approval is given by the Coast Guard Marine Safety Center.
    (2) If a vapor collection system required to meet part 39 of this 
subchapter is connected to the inert gas system, the instruction manual 
required by SOLAS II-2, regulation 62.21 must include procedures 
relating to vapor collection operations.

[CGD 74-127, 41 FR 3843, Jan. 26, 1976, as amended by CGD 95-028, 62 FR 
51198, Sept. 30, 1997]



                  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.)

[[Page 436]]



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.



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

[[Page 437]]

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.
    (e) Tank vents which meet the requirements of SOLAS will be 
considered equivalent to the provisions of this section.

[CGFR 65-50, 30 FR 16671, Dec. 30, 1965, as amended by CGD 73-96, 42 FR 
49024, Sept. 26, 1977; CGD 95-028, 62 FR 51198, Sept. 30, 1997]



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.
    (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-

[[Page 438]]

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. 32.55-45  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-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.

    (a)This subpart applies to all tankships that have a keel laying 
date on or after January 1, 1975.
    (b) SOLAS-certificated vessels may be considered equivalent to the 
provisions of this subpart.

[CGD 74-127, 41 FR 3844, Jan. 26, 1976, as amended by CGD 95-028, 62 FR 
51198, Sept. 30, 1997]



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.

[[Page 439]]



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:
    (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

[[Page 440]]

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.



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.
    (b) SOLAS-certificated vessels may be considered equivalent to the 
provisions of this subpart.

[CGFR 65-50, 30 FR 16671, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 
51198, Sept. 30, 1997]



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

[[Page 441]]

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:

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 
divisions or bulkheads and doors at one level. The integrity of a 
stairtower shall be maintained by ``A'' Class doors at every level. The 
doors shall be of the self-closing type. No means shall be provided for 
locking such doors, except that crash doors or locking devices capable 
of being easily forced in an emergency may be employed provided a 
permanent and conspicuous notice to this effect is attached to both 
sides of the door. Holdback hooks or other means of permanently holding 
the door open will not be permitted. However, magnetic holdbacks 
operated from the bridge or from other suitable remote control positions 
are acceptable.
    (5) Interior stairs, including stringers and treads shall be of 
steel or other suitable material having in mind the risk of fire. This 
is not intended to preclude the use of other material for nosing, 
walking surfaces, etc., over the steel.
    (6) Except for washrooms and toilet spaces, deck coverings within 
accommodation spaces shall be of an approved type. However, overlays for 
leveling or finishing purposes which do

[[Page 442]]

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 ASTM D 4986, ``Standard Test Method for Horizontal 
Burning Characteristics of Cellular Polymeric Materials'' (incorporated 
by reference, see Sec. 32.01-1), may be used within refrigerated 
compartments.
    (8) Any sheathing, furring or holding pieces incidental to the 
securing of any bulkhead, ceiling, lining, or insulation shall be of 
approved incombustible materials.
    (9) Bulkheads, linings and ceilings may have a combustible veneer 
within a room not to exceed 2 millimeters (.079 inch) in thickness. 
However, combustible veneers, trim, decorations, etc., shall not be used 
in corridors or hidden spaces. This is not intended to preclude the use 
of an approved interior finish or a reasonable number of coats of paint.
    (e) Wood hatch covers may be used between cargo spaces or between 
stores spaces. Hatch covers in other locations shall be of steel or 
equivalent metal construction. Tonnage openings shall be closed by means 
of steel plates or equivalent metal construction.
    (f) Nitrocellulose or other highly flammable or noxious fume-
producing paints or lacquers shall not be used.

[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; CGD 95-028, 62 FR 51198, Sept. 30, 1997; 
USCG-1998-4442, 63 FR 52190, Sept. 30, 1998; USCG-1999-5151, 64 FR 
67177, Dec. 1, 1999]



   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 section, 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 requirement, at least 100 
percent of that which is necessary to meet the bending moment developed 
under a full load condition in still water, using a permissible bending 
stress of 12.74 kN/cm\2\ (1.30 t/cm\2\, 8.25 Ltf/in\2\).
    (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;

[[Page 443]]

    (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 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;

[[Page 444]]

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 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

[[Page 445]]

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.

    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.

[CGFR 65-50, 30 FR 16671, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 
51198, Sept. 30, 1997]



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 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.

[[Page 446]]

    (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]



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

[[Page 447]]

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 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.

[[Page 448]]



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 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.

[[Page 449]]



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 
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 Sec. Sec. 
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.

[[Page 450]]



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 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]

[[Page 451]]



PART 34_FIREFIGHTING EQUIPMENT--Table of Contents




                          Subpart 34.01_General

Sec.
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.
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 34.30_Automatic Sprinkler Systems, Details

34.30-1 Application--TB/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; Department of Homeland Security Delegation No. 
0170.1.

    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

[[Page 452]]

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 U.S. Coast Guard, Office 
of Design and Engineering Standards (G-MSE), 2100 Second Street SW., 
Washington, DC 20593-0001 or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html. 
All material 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)

         100 Barr Harbor Drive, West Conshohocken, PA 19428-2959

ASTM F 1121-87 (Reapproved 1993), Standard Specification for 
International Shore Connections for Marine Fire Applications, 1987 
                                                                34.10-15

               National Fire Protection Association (NFPA)

               1 Batterymarch Park, Quincy, MA 02269-9101

NFPA 13-1996, Standard for the Installation of Sprinkler Systems--34.30-
1

[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; CGD 97-
057, 62 FR 51043, Sept. 30, 1997; CGD 95-028, 62 FR 51198, Sept. 30, 
1997; USCG-1999-6216, 64 FR 53223, Oct. 1, 1999; USCG-1999-5151, 64 FR 
67177, Dec. 1, 1999]



          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

[[Page 453]]

and paint lockers, oil rooms, and similar spaces.
    (4) Pump rooms. 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]



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).

[[Page 454]]



                      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  -----------------------
           Not over--     pumps       water per    Exterior    Interior
  Over--                                pump       stations    stations
------------------------------------------------------------------------
               100          (\1\)   ............  ..........  ..........
    100        250          \2\ 1         \3\ 2      1\1/2\      1\1/2\
    250        400              2         \3\ 2      1\1/2\      1\1/2\
    400        650              2         \3\ 2   \4\ 2\1/2\     1\1/2\
    650    .........            2         \3\ 3   \4\ 2\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. In no case shall a pump having connection to an oil line be 
used as a fire pump. Branch lines connected to the fire main for 
purposes other than fire and deck wash shall be arranged so that the 
requirements of paragraph (b) of this section and any other services 
installed on the fire main can be met simultaneously.
    (g) On all vessels where two fire pumps are required, they shall be 
located in separate spaces, and the arrangement of pumps, sea 
connections, and sources of power shall be such as to insure that a fire 
in any one space will not put all of the fire pumps out of operation. 
However, where it is shown to the satisfaction of the Commandant that it 
is unreasonable or impracticable to meet this requirement due to the 
size, or arrangement of the vessel, or for other reasons, the 
installation of a total flooding carbon dioxide system may be accepted 
as an alternate method of extinguishing any fire which would affect the 
powering and operation of at least one of the required fire pumps.

[CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 
51199, Sept. 30, 1997]



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

[[Page 455]]

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. Couplings shall either:
    (1) Use National Standard fire hose coupling threads for the 1\1/2\ 
inch (38 millimeter) and 2\1/2\ inch (64 millimeter) hose 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; or
    (2) Be a uniform design for each hose diameter throughout the 
vessel.
    (j) Fire hose shall be 50 feet in length except on weather decks the 
hose shall be increased in length if necessary to enable a single length 
to be goose-necked over each side of the vessel. If two fire mains are 
installed on the weather decks, the length of hose shall be such that it 
may be goose-necked over the side from the nearest fire main.
    (k) Fire hose when part of the fire equipment shall not be used for 
any other purpose than fire extinguishing, fire drills, and testing.
    (l) Fire hose shall be connected to outlets at all times. However, 
in heavy weather on open decks where no protection is afforded the hose 
may be removed temporarily from the hydrant and stowed in an accessible 
location nearby. While in port, fire hose in way of cargo area shall be 
kept ready for immediate use. The fire hose may be temporarily removed 
when it will interfere with the handling of cargo.
    (m) Each section of fire hose used after January 1, 1980 must be 
lined commercial fire hose that conforms to Underwriters' Laboratories, 
Inc. Standard 19 or Federal Specification ZZ-H-451E. Hose that bears the 
label of Underwriters' Laboratories, Inc. as lined fire hose is accepted 
as conforming to this requirement. Each section of replacement fire hose 
or any section of new fire hose placed aboard a vessel after January 1, 
1977 must also conform to the specification required by this paragraph.
    (n) Coupling shall conform to the requirements of paragraph (h) of 
this section.
    (o) Each low-velocity water spray applicator under paragraph (f) of 
this section must have fixed brackets, hooks, or other means for stowing 
next to the hydrant.

[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; CGD 95-028, 62 FR 51199, Sept. 30, 1997]



Sec. 34.10-15  Piping--T/ALL.

    (a) All piping, valves and fittings shall meet the applicable 
requirements

[[Page 456]]

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 (incorporated by reference, see Sec. 34.01-15). 
Facilities must be available enabling such a connection to be used on 
either side of the vessel.
    (e) For tankships on an international voyage, the diameter of the 
fire main shall be sufficient for the effective distribution of the 
maximum required discharge from two fire pumps operating simultaneously. 
This requirement is in addition to 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; USCG-2000-
7790, 65 FR 58459, Sept. 29, 2000]



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 Sec. Sec. 34.10-5 through 
34.10-15 insofar as is reasonable and practicable.
    (3) Tankships of less than 500 gross tons shall be equipped with an 
efficient hand pump capable of delivering 50 gallons per minute or a 
power-driven pump of equivalent capacity. However, on tankships of 20 
gross tons or under where it is impracticable to install a hand or 
power-operated fire pump, or on tankships with only one man in the crew, 
at least one additional B-II fire extinguisher may be accepted in lieu 
of a fire pump.
    (4) Tankships of 500 gross tons and over but not over 1,000 gross 
tons shall be provided with one independently power-driven pump.
    (5) Tankships of over 1,000 gross tons shall be provided with two 
independently power-driven pumps.
    (6) On tankships of 500 gross tons and over, the capacity of the 
combined fire pump installation shall be one-fifth gallon per minute per 
gross ton of the ship. The maximum total fire pump capacity required for 
any tankship shall be 800 gallons per minute.
    (7) Each fire pump on a tankship of 500 gross tons or more must 
deliver enough water to the fire main so that the topmost outlet on the 
fire main emits two jets of water at a Pitot tube pressure of 50 pounds 
per square inch through two combination solid stream and water spray 
firehose nozzles meeting paragraph (10) of this section.
    (8) On oil-burning tankships, provided with two fire pumps, where 
the engine and fire rooms are not entirely separated by iron or steel 
bulkheads, or if fuel can drain from fireroom bilges into the 
engineroom, one of the fire pumps shall be located in an accessible 
space separate from the machinery compartment. On all tankships 
contracted for on or after November 19, 1952, the requirements of 
paragraph (f) of 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

[[Page 457]]

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, unless otherwise 
noted.



Sec. 34.13-1  Application--T/ALL.

    Steam smothering fire extinguishing systems are not permitted on 
vessels contracted for on or after January 1, 1962. Previously approved 
installations may be retained as long as they are maintained in good 
condition to the satisfaction of the Officer in Charge, Marine 
Inspection.



       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 (d) of this 
section.

[[Page 458]]

    (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) Machinery spaces, pumprooms, paint lockers, and similar spaces. 
(1) Except as provided in paragraph (d)(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(d)(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.

                           Table 34.15-5(d)(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 (d) (1) and (2) of this 
section or by dividing the entire volume, including the casing, by a 
factor of 25, whichever is the larger.
    (5) Branch lines in the various spaces shall be noted in Table 
34.15-5(d)(5).

                           Table 34.15-5(d)(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.

[[Page 459]]

    (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; CGD 95-028, 62 FR 51199, Sept. 30, 1997; USCG-1999-6216, 
64 FR 53223, Oct. 1, 1999]



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(d) which contain not more than 300 pounds of carbon 
dioxide.
    (c) Distribution piping to the dry cargo spaces shall be controlled 
from not more than two stations. One of the stations controlling the 
system for the main machinery space shall be located as convenient as 
practicable to one of the main-escapes from the space. All control 
stations and the individual valves and controls shall be marked as 
required by Sec. 35.40-10 of the subchapter.
    (d) Systems of the type indicated in Sec. 34.15-5(d) shall be 
actuated at each station by one control operating the valve to the space 
and a separate control releasing at least the required amount of carbon 
dioxide. These two controls shall be located in a box or other enclosure 
clearly identified for the particular space. Systems installed without a 
stop valve shall be operated by one control releasing at least the 
required amount of carbon dioxide.
    (e) Where provisions are made for the simultaneous release of a 
given amount of carbon dioxide by operation of a remote control, 
provisions shall also be made for manual control at the cylinders. Where 
gas pressure from pilot cylinders is used as a means for releasing the 
remaining cylinders, not less than two pilot cylinders shall be used for 
systems consisting of more than two cylinders. Each of the pilot 
cylinders shall be capable of manual control at the cylinder, but the 
remaining cylinders need not be capable of individual manual control.
    (f) Systems of the type indicated in Sec. 34.15-5(d), which are of 
more than 300 pounds of carbon dioxide shall be fitted with an approved 
delayed discharge so arranged that the alarm will be sounded for at 
least 20 seconds before the carbon dioxide is released into the space. 
Such systems of not more than 300 pounds of carbon dioxide shall also 
have a similar delayed discharge, except for spaces which have a 
suitable horizontal escape.
    (g) All distribution valves and controls shall be of an approved 
type. All controls shall be suitably protected.
    (h) Complete but simple instructions for the operation of the 
systems must be located in a conspicuous place at or near all pull 
boxes, stop valve controls and in the 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-

[[Page 460]]

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; USCG-1999-6216, 64 FR 53223, Oct. 1, 1999]



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 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(d), consisting of 
not more than 300 pounds of carbon dioxide, may have the cylinders 
located within the space protected. If the cylinder stowage is within 
the space protected, the system shall be arranged in an approved manner 
to be automatically operated by a heat actuator within the space in 
addition to the regular remote and local controls.
    (c) The space containing the cylinders shall be properly ventilated 
and designed to preclude an anticipated ambient temperature in excess of 
130 degrees F.
    (d) Cylinders shall be securely fastened and supported, and where 
necessary, protected against injury.
    (e) Cylinders shall be so mounted as to be readily accessible and 
capable of easy removal for recharging and inspection. Provisions shall 
be available for weighing the cylinders.
    (f) Where subject to moisture, cylinders shall be so installed as to 
provide a space of at least 2 inches between the flooring and the bottom 
of the cylinders.

[[Page 461]]

    (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 Sec. Sec. 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; USCG-1999-6216, 64 FR 53223, Oct. 1, 1999]



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.



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 
Sec. Sec. 34.15-5 through 34.15-40 insofar as is reasonable and 
practicable, with the exception of Sec. 34.15-5(d)(1) through (3) 
covering spaces other than cargo spaces, which systems may be installed 
in accordance with paragraphs (a) (4) through (7) of this section.
    (3) For cargo tanks at least one pound of carbon dioxide shall be 
available for each 30 cubic feet of the largest cargo tank. The 
discharge of the required amount of carbon dioxide shall be complete 
within 5 minutes.
    (4) In boiler rooms, the bilges shall be protected by a system 
discharging principally below the floor plates. Perforated pipe may be 
used in lieu of discharge nozzles for such systems. The

[[Page 462]]

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 boiler room 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 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 
Sec. Sec. 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; USCG-1999-6216, 64 FR 53223, Oct. 1, 1999]



         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.

[[Page 463]]

    (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 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 
Sec. Sec. 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)

[[Page 464]]

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.



                 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 rate of supply of foam solution 
shall be not less than the greatest of the following:
    (i) 0.6 liters/min per square meter of cargo tanks deck area, where 
cargo tanks deck area means the maximum breadth of the ship multiplied 
by the total longitudinal extent of the cargo tank spaces;
    (ii) 6 liters/min per square meter of the horizontal sectional area 
of the single tank having the largest such area; or
    (iii) 3 liters/min per square meter of the area protected by the 
largest monitor, such area being entirely forward of the monitor, but 
not less than 1,250 liters/min.
    (2) For polar solvent products (e.g. alcohols, ketones, etc.) the 
water rate shall be determined for each vessel.

[[Page 465]]

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; CGD 95-028, 
62 FR 51199, Sept. 30, 1997]



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 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:

[[Page 466]]

    (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.
    (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 Sec. Sec. 
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

[[Page 467]]

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.



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 
Sec. Sec. 34.25-5 through 34.25-20 insofar as is reasonable and 
practicable.



           Subpart 34.30_Automatic Sprinkler Systems, Details



Sec. 34.30-1  Application--TB/ALL.

    Automatic sprinkler systems shall comply with NFPA 13-1996.

[CGD 95-028, 62 FR 51199, Sept. 30, 1997]



          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.

[[Page 468]]

    (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 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. 35.40-25 of this subchapter.
    (f) Hand portable or semiportable extinguishers which are required 
on their nameplates to be protected from freezing shall not be located 
where freezing temperatures may be expected.

                           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..
----------------------------------------------------------------------------------------------------------------

[[Page 469]]

 
                                                  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 exit   B-II..............  Auxiliary spaces      B-II..............  1 required in
 \7\.                                                 containing internal                       vicinity of
                                                      combustion or gas                         exit. \7,9,12\
                                                      turbine units.
1 required in vicinity of exit   C-II..............  Auxiliary spaces      ..................  None required.
 \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\
                                                                           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.
\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 
dioxide, 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.

[[Page 470]]



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 Sec. Sec. 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.
    (2) [Reserved]
    (b) [Reserved]



                         Subpart 34.60_Fire Axes



Sec. 34.60-1  Application--T/ALL.

    (a) The provisions of this subpart shall apply to all tankships.
    (b) [Reserved]



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

    (b) [Reserved]



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.
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.
35.01-45 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.

[[Page 471]]

                    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 35.15_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 tankships--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.

                   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.
35.35-25 Approval to start transfer of cargo--TB/ALL.
35.35-30 ``Declaration of Inspection'' for tank vessels--TB/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.

[[Page 472]]

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; Department of Homeland 
Security Delegation No. 0170.1.

    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.
    (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 U.S. Coast Guard, Office

[[Page 473]]

of Operating and Environmental Standards, 2100 Second Street SW., 
Washington, DC 20593-0001, and is available from the address indicated 
in paragraph (b), or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal--register/
code--of--federal--regulations/ibr--locations.html.
    (b) The material approved for incorporation by reference in this 
part, and the sections affected is:

               American Society for Testing and Materials

         100 Barr Harbor Drive, West Conshohocken, PA 19428-2959

ASTM F 1014-92 Standard Specification for Flashlights on Vessels.
Section affected--35.30-20(c)(3)
ASTM Adjunct F 1626, Symbols for Use in Accordance with Regulation II-2/
20 of the 1974 SOLAS Convention, PCN 12-616260-01, (copyright) 1996-
35.10-3
ASTM D 93-97, Standard Test Methods for Flash-Point by Pensky-Martens 
Closed Cup Tester-35.25-10

International Maritime Organization (IMO)
Publications Section, 4 Albert Embankment, London, SE1 7SR United 
Kingdom. Resolution A.654(16), Graphical Symbols for Fire Control 
Plans--35.10-3

    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; CGD 97-057, 62 FR 51043, Sept. 30, 1997; CDG 95-
028, 62 FR 51199, Sept. 30, 1997; USCG-1999-5151, 64 FR 67177, Dec. 1, 
1999]



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:
    (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

[[Page 474]]

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. 35.01-45  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 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

[[Page 475]]

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 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:

[[Page 476]]

    (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
    (2) Subpart 160.077 of this chapter as a commercial 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

[[Page 477]]

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 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]

[[Page 478]]



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]



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 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.

[[Page 479]]

    (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.
    (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, CGD 95-
028, 62 FR 51199, Sept. 30, 1997]



                   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.

    Barges with sleeping accommodations for more than six persons and 
all sef-propelled vessels shall have permanently exhibited for the 
guidance of the officer in charge of the vessel the following plans:
    (a) General arrangement plans showing for each deck the fire control 
stations, the various sections enclosed by fire-resisting bulkheads, 
together with particulars of the fire alarms, detecting systems, the 
sprinkle installation (if any), the fire extinguishing appliances, means 
of access to different compartments, decks, etc., and the ventilating 
systems including particulars of the maste fan controls, the positions 
of dampers, the location of the remote means of stopping fans, and 
identification numbers of the ventilating fans serving each section. If 
cargo compartments are ``specially suited for vehicles,'' they shall be 
so indicated on the plan. Alternatively, at the discretion of the 
Commandant, the aforementioned details may be set out in any other 
medium, such as a booklet or on computer software, provided that the 
aforementioned details are available to each officer and a copy is 
retained on board at all times and is accessible during emergencies. For 
vessels constructed on or after September 30, 1997 or for existing 
vessels which have their plans redrawn, the symbols used to identify the 
aforementioned details shall be in accordance with IMO Assembly 
resolution A.654(16). These identical symbols can also be found in ASTM 
Adjunct F 1626 (incorporated by reference, see Sec. 35.01-3).
    (b) Plans showing clearly for each deck the boundaries of the 
watertight compartments, the openings therein with the means of closure 
and position of any controls thereof, and the arrangements for the 
correction of any list due to flooding.
    (c) The information contained in the plans shall be kept up-to-date, 
and any changes shall be recorded as soon as possible.

[CGD 95-028, 62 FR 51199, Sept. 30, 1997, as amended by USCG-2000-7790, 
65 FR 58459, Sept. 29, 2000]



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]

[[Page 480]]



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 35.15_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 National Imagery 
and Mapping Agency regarding aids to navigation, and neglect to do so is 
evidence of neglect of duty. It is desirable that vessels navigating 
oceans and coastwise and Great Lakes water shall have available in the 
pilothouse for convenient reference at all times a file of the 
applicable Notice to Mariners.
    (b) Weekly Notices to Mariners (Great Lakes Edition), published by 
the Commander, 9th Coast Guard District, contain announcements and 
information on changes in aids to navigation and other marine 
information affecting the safety of navigation on the Great Lakes. These 
notices may be obtained free of charge, by making application to 
Commander, 9th Coast Guard District.
    (c) Weekly Notices to Mariners (worldwide coverage) are prepared 
jointly by the National Imagery and Mapping Agency, National Ocean 
Service, and the U.S. Coast Guard. They include changes in aids to 
navigation in assembled form for the 1st, 5th, 7th, Greater Antilles 
Section, 8th, 11th, 13th, 14th, and 17th Coast Guard Districts. Foreign 
marine information is also included in these notices. These notices are 
available without charge from the National Imagery and Mapping Agency, 
U.S. Collector of Customs of the major seaports in the United States and 
are also on file in the U.S. Consulates where they may be inspected.
    (d) As appropriate for the intended voyage, all vessels must carry 
adequate and up-to-date:
    (1) Charts;
    (2) Sailing directions;
    (3) Coast pilots;
    (4) Light lists;
    (5) Notices to mariners;
    (6) Tide tables;
    (7) Current tables; and
    (8) All other nautical publications necessary. \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; USCG-2001-10224, 66 FR 48619, Sept. 21, 
2001]



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.

[[Page 481]]



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]



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.

[[Page 482]]

    (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]



                     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.

[[Page 483]]



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) (incorporated by reference, see Sec. 
35.01-3).
    (b) It shall be the duty of the chief engineer to make an entry in 
the log of each supply of fuel oil received on board, stating the 
quantity received, the name of the vendor, the name of the oil producer, 
and the flashpoint (Pensky-Martens Closed Cup Method, ASTM D 93) 
(incorporated by reference, see Sec. 35.01-3) for which it is certified 
by the producer.
    (c) It shall be the further duty of the chief engineer to draw and 
seal at the time the supply is received on board, a half-pint sample of 
each lot of fuel oil, such sample to be preserved until that particular 
supply of oil is exhausted.

[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; USCG-2000-
7790, 65 FR 58459, Sept. 29, 2000]



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 
by the inspector, are in no way tampered with or made inoperative.

[CGD 95-028, 62 FR 51199, Sept. 30, 1997]



                   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, 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,

[[Page 484]]

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:
    (1) One pressure-demand, open-circuit, self-contained breathing 
apparatus, approved by the Mine Safety and Health Administration (MSHA) 
and by the National Institute for Occupational Safety and Health (NIOSH) 
and having at a minimum a 30-minute air supply, a full facepiece, and a 
spare charge.
    (2) One lifeline with a belt or a suitable harness.
    (3) One, Type II or Type III, flashlight constructed and marked in 
accordance with ASTM F 1014 incorporated by reference, see Sec. 35.01-
3).
    (4) One fire ax.
    (5) Boots and gloves of rubber or other electrically nonconducting 
material.
    (6) A rigid helmet which provides effective protection against 
impact.
    (7) Protective clothing of material that will protect the skin from 
the heat of fire and burns from scalding steam. The outer surface shall 
be water resistant.
    (d) A self-contained compressed-air breathing apparatus previously 
approved by MSHA and NIOSH under part 160, subpart 160.011, of this 
chapter may continue in use as required equipment if it was part of the 
vessel's equipment on November 23, 1992, and as long as it is maintained 
in good condition to the satisfaction of the Officer in Charge, Marine 
Inspection.
    (e) Lifelines shall be of steel or bronze wire rope. Steel wire rope 
shall be either inherently corrosion resistant or made so by galvanizing 
or tinning. Each end shall be fitted with a hook with keeper having a 
throat opening which can be readily slipped over a 5/8-inch bolt. The 
total length of the lifeline shall be dependent upon the size and 
arrangement of the vessel, and more than one line may be hooked together 
to achieve the necessary length. No individual length of lifeline may be

[[Page 485]]

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; CGD 95-028, 62 
FR 51199, Sept. 30, 1997; USCG-1999-5151, 64 FR 67177, Dec. 1, 1999]



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]



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.

[CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by USCG-2004-18884, 
69 FR 58345, Sept. 30, 2004]



Sec. 35.30-40  Flammable liquid and gas fuels as ship's stores--TB/ALL.

    Flammable liquids and gases other than diesel fuel, to be used as 
fuel for approved equipment must satisfy the following:
    (a) Stowage must be in containers approved by DOT or A.S.M.E. for 
the contents carried, or in a portable safety container approved by a 
recognized testing laboratory for the contents carried.
    (b) The contents must be marked on the containers, and the 
containers must be labeled in accordance with DOT requirements for 
flammable liquids and gases.
    (c) Containers must be stowed on or above the weather deck in 
locations designated by the master. Containers

[[Page 486]]

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.

[CGD 80-009, 48 FR 36459, Aug. 11, 1983, as amended by CGD 86-033, 53 FR 
36024, Sept. 16, 1988; CGD 95-028, 62 FR 51199, Sept. 30, 1997]



                      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.
    (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

[[Page 487]]

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 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 
Sec. Sec. 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

[[Page 488]]

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 Sec. Sec. 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 Sec. Sec. 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 tank vessels--TB/ALL.

    (a) After an inspection under Sec. 35.35-20, but before a transfer 
of cargo, fuel oil, or bunkers may commence as described in this section 
and 33 CFR 156.120 and 156.150, the person in charge of the transfer 
shall prepare, in duplicate, a Declaration of Inspection. The original 
must be kept aboard the vessel, and the duplicate provided to the 
terminal supervisor or that person's representative. The supervisor or 
the representative may, upon demand, inspect the vessel to determine 
whether its condition is as stated on the Declaration of Inspection.
    (b) The Declaration of Inspection may be in any form, but must 
contain at least:

Declaration of Inspection Before Transfer of Liquid Cargo in Bulk

Date____________________________________________________________________

Vessel__________________________________________________________________

Port of_________________________________________________________________

Product[s] being transferred--(Classification[s] and Kind[s])

________________________________________________________________________

________________________________________________________________________

    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?


[[Page 489]]


    (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 Sec. Sec. 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; CGD 79-116, 
62 FR 25135, May 8, 1997]



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, fuel 
oil in bulk, or bunkers in bulk shall control the transfer as follows:
    (a) Supervise the operations of cargo-system valves.
    (b) Commence transfer of cargo at slow rate of cargo flow.
    (c) Observe cargo connections for leakage.
    (d) Observe pressure on cargo system.
    (e) If transfer is loading (rather than discharging), observe rate 
of loading to avoid overflow of tanks.
    (f) Comply with 33 CFR 156.120 and 156.150.

[CGD 79-116, 60 FR 17156, Apr. 4, 1995, as amended by CGD 79-116, 62 FR 
25135, May 8, 1997]



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]

[[Page 490]]



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.



Sec. 35.35-85  Air compressors--TB/ALL.

    No person may operate, install, or reinstall an air compressor in a 
cargo area described in Sec. 32.35-15 of this subchapter.

[CGD 95-028, 62 FR 51200, Sept. 30, 1997]



         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 CO[bdi2] fire smothering 

apparatus--TB/ALL.

    Steam, foam, or CO2 fire smothering apparatus shall be 
marked ``STEAM FIRE APPARATUS'' or ``FOAM FIRE

[[Page 491]]

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.



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.


[[Page 492]]


    Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.

    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 148 
of subchapter N (Dangerous Cargoes) of this chapter.

[CGFR 65-50, 30 FR 16716, Dec. 30, 1965, as amended by CGD 97-057, 62 FR 
51043, Sept. 30, 1997]



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]

[[Page 493]]



                   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 nonpressure 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.
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; Department of Homeland 
Security Delegation No. 0170.1.

    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

[[Page 494]]

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 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 National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html. All material 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 (ASME) International

Three Park Avenue, New York, NY 10016-5990
ASME Boiler and Pressure Vessel Code Section V, Nondestructive 
Examination (1986).........................................38.25-3(a)(1)

            American Society for Testing and Materials (ASTM)

100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.

[[Page 495]]

ASTM D 4986-98, Standard Test Method for Horizontal Burning 
Characteristics of Cellular Polymeric Materials.................38.05-20

[CGD 85-061, 54 FR 50962, Dec. 11, 1989, as amended by USCG-1999-6216, 
64 FR 53224, Oct. 1, 1999; USCG-1999-5151, 64 FR 67177, Dec. 1, 1999]



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 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

[[Page 496]]

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[foot] half amplitude (L/20[foot]) 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 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

[[Page 497]]

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 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.

[[Page 498]]

    (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 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

[[Page 499]]

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 ASTM D 4986, ``Standard 
Test Method for Horizontal Burning Characteristics of Cellular Polymeric 
Materials,'' (incorporated by reference, see Sec. 38.01-3) and covered 
by a suitable steel cover.
    (2) Insulation in a location protected against possible ignition by 
enclosure in a tight steel envelope in which inert conditions are 
maintained need satisfy no requirement for combustibility except 
chemical stability.
    (3) Insulation in a location protected against possible high 
temperature or source of ignition by continuous surrounding structural 
voids or ballast tanks need satisfy no requirement for combustibility 
except chemical stability.
    (b) All insulation shall be of a vapor-proof construction, or have a 
vapor-proof coating of a fire-retardant material acceptable to the 
Commandant. Unless the vapor barrier is inherently weather resistant, 
tanks exposed to the weather shall be fitted with a removable sheet 
metal jacket of not less than 0.083-inch thick over the vapor-proof 
coating and flashed around all openings so as to be weathertight. 
Weather resistant coatings shall have sheet metal over areas subject to 
mechanical damage.
    (c) The insulation shall be adequately protected in areas of 
probable mechanical damage.
    (d) Insulation which forms an integral part of the secondary barrier 
shall meet the following additional requirements:
    (1) When the secondary barrier is called upon to contain the cargo, 
insulating material which is contacted shall not be affected by the 
cargo. Samples of the insulating material shall be tested in the cargo 
for solubility, absorption and shrinkage. The samples shall be checked 
for the above effects at intervals not exceeding 1 week, for a total 
test period of 6 weeks.
    (2) Any adhesives, sealers, coatings, or vapor barrier compounds 
used in conjunction with the insulating material shall be similarly 
tested to insure suitable cargo resistive properties.
    (3) The insulation shall have sufficient mechanical strength for the 
proposed design. Additionally, the thermal expansion of the insulation 
relative to the material to which it is affixed shall be considered in 
the design.
    (e) The insulation for the piping systems shall be at least of the 
``self-extinguishing'' type described in paragraph (a) of this section, 
and comply with the requirements contained in paragraphs (b) and (c) of 
this section.

[CGFR 66-33, 31 FR 15269, Dec. 6, 1966, as amended by USCG-1999-5151, 64 
FR 67177, Dec. 1, 1999]



Sec. 38.05-25  Refrigerated systems--TB/ALL.

    (a) When a liquefied flammable gas is carried below atmospheric 
temperature

[[Page 500]]

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.
    (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

[[Page 501]]

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 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

[[Page 502]]

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 educators 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]



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

[[Page 503]]

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]



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

[[Page 504]]

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
                             -------------------------------------------
  Specific  gravity  at 60    Unlagged tanks--water capacity
           [deg]F.           --------------------------------   Lagged
                              1,200 gal. and    Over 1,200    tanks--all
                                   under           gal.       capacities
------------------------------------------------------------------------
0.473-0.480.................              38              41          42
0.481-0.488.................              39              42          43
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.

[[Page 505]]



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 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

[[Page 506]]

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 valve
             Number of cargo tanks                      discharge
------------------------------------------------------------------------
1 or 2.........................................                      100
3..............................................                       90
4..............................................                       80
5..............................................                       70
6 or more......................................                       60
------------------------------------------------------------------------

    (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

[[Page 507]]

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).
    (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--

[[Page 508]]

    (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--
    (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.

[[Page 509]]

                   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; Department of Homeland Security 
Delegation No. 0170.1.

    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 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, 1900 Half Street, SW, Suite 1000, Room 525, 
Washington, DC 20024 for visitors. Send all mail to Commanding Officer, 
U.S. Coast Guard Marine Safety Center, JR10-0525, 2100 2nd Street, SW., 
Washington, DC 20593, in a written or electronic format. Information for 
submitting the VSP electronically can be found at http://www.uscg.mil/
HQ/MSC.
    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

[[Page 510]]

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.

[CGD 88-102, 55 FR 25446, June 21, 1990, as amended by USCG-2007-29018, 
72 FR 53965, Sept. 21, 2007]



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 U.S. Coast Guard, Office of 
Operating and Environmental Standards (G-MSO), 2100 Second Street, SW., 
Washington, DC 20593-0001, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html. 
All material 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 Petroleum Institute (API), 1220 L Street NW.,
 Washington, DC 20005
    API Standard 2000, Venting Atmospheric and Low-Pressure     39.20-11
     Storage Tanks (Nonrefrigerated and Refrigerated), Third
     Edition, January 1982 (reaffirmed December 1987).......
American National Standards Institute (ANSI), 11 West 42nd
 Street, New York, NY 10036
    ANSI B16.5, Steel Pipe Flanges and Flanged Fittings,         39.20-1
     1981...................................................
American Society for Testing and Materials (ASTM), 100 Barr
 Harbor Drive, West Conshohocken, PA 19428-2959
    ASTM F 1271-90 (1995)--Standard Specification for Spill      39.20-9
     Valves for Use in Marine Tank Liquid Overpressure
     Protection Applications................................
International Electrotechnical Commission (IEC), Bureau
 Central de la Commission Electrotechnique Internationale, 1
 rue de Varemb[eacute], Geneva, Switzerland
    IEC 309-1--Plugs, Socket-Outlets and Couplers for            39.20-9
     Industrial Purposes: Part 1, General Requirements, 1979
    IEC 309-2--Plugs, Socket-Outlets and Couplers for            39.20-9
     Industrial Purposes: Part 2, Dimensional
     Interchangeability Requirements for Pin and Contact-
     tube Accessories, 1981.................................
National Electrical Manufacturers Association (NEMA), 2101 L
 St. NW., Washington, DC 20036
    ANSI/NEMA WD6--Wiring Devices, Dimensional Requirements,     39.20-9
     1988...................................................
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               39.30-1
     Terminals, Third Edition, 1988.........................
 


[[Page 511]]


[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; CGD 97-
057, 62 FR 51043, Sept. 30, 1997; USCG-1999-5151, 64 FR 67177, Dec. 1, 
1999]



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 that has been 
Coast Guard approved to transfer cargo vapor to specific facilities must 
be reviewed and approved by the Marine Safety Center prior to 
transferring vapors to other facilities.
    (c) The owners/operators of a foreign flag vessel may submit 
certification by the classification society which classes the vessel 
that the vessel meets the requirements of this part as an alternative to 
meeting the requirements in paragraph (a) of this section.
    (d) Upon satisfactory completion of plan review and inspection of 
the vapor collection system or receipt of the certification provided for 
in paragraph (c) 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.

[CGD 88-102, 55 FR 25446, June 21, 1990, as amended by CGD 95-028, 62 FR 
51200, Sept. 30, 1997; USCG-2004-18884, 69 FR 58345, Sept. 30, 2004]



                   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

[[Page 512]]

vicinity of each tank in order to preserve segregation of cargo systems, 
in lieu of common header piping;
    (4) A means must be provided to eliminate liquid condensate which 
may collect in the system, such as draining and collecting liquid from 
each low point in the line;
    (5) Vapor collection piping must be electrically bonded to the hull 
and must be electrically continuous; and
    (6) An inerted tankship must have a means to isolate the inert gas 
supply from the vapor collection system. The inert gas main isolation 
valve required by SOLAS 74, as amended, chapter II-2, Regulation 62.10.8 
may be used to satisfy this requirement.
    (b) The vapor collection system must not interfere with the proper 
operation of the cargo tank venting system.
    (c) An isolation valve capable of manual operation must be provided 
at the vessel vapor connection. The valve must have an indicator to show 
clearly whether the valve is in the open or closed position, unless the 
valve position can be readily determined from the valve handle or valve 
stem.
    (d) The last 1.0 meter (3.3 feet) of vapor piping before the vessel 
vapor connection must be:
    (1) Painted red/yellow/red with:
    (i) The red bands 0.1 meter (0.33 feet) wide, and
    (ii) The middle yellow band 0.8 meter (2.64 feet) wide; and
    (2) Labeled ``VAPOR'' in black letters at least 50 millimeters (2 
inches) high.
    (e) Each vessel vapor connection flange must have a permanently 
attached 0.5 inch diameter stud at least 1.0 inch long projecting 
outward from the flange face. The stud must be located at the top of the 
flange, midway between bolt holes, and in line with the bolt hole 
pattern.
    (f) Each hose used for transferring vapors must:
    (1) Have a design burst pressure of at least 25 psig;
    (2) Have a maximum allowable working pressure of at least 5 psig;
    (3) Be capable of withstanding at least 2.0 psi vacuum without 
collapsing or constricting;
    (4) Be electrically continuous with a maximum resistance of ten 
thousand (10,000) ohms;
    (5) Have flanges with:
    (i) A bolt hole arrangement complying with the requirements for 150 
pound class ANSI B16.5 flanges, and
    (ii) One or more 0.625 inch diameter holes in the flange located 
midway between bolt holes and in line with the bolt hole pattern;
    (6) Be abrasion resistant and resistant to kinking; and
    (7) Have the last 1.0 meter (3.3 feet) of each end of the vapor hose 
marked in accordance with paragraph (d) of this section.
    (g) Vapor hose handling equipment must be provided with hose saddles 
which provide adequate support to prevent kinking or collapse of hoses.

[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.

[[Page 513]]



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.



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:

[[Page 514]]

    (1) Meets ASTM F 1271 (incorporated by reference, see Sec. 39.10-
5);
    (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; USCG-
2000-7790, 65 FR 58459, Sept. 29, 2000]



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.
    (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:

[[Page 515]]

    (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;
    (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]

[[Page 516]]



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 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;

[[Page 517]]

    (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 519]]

                                  INDEX

                          SUBCHAPTER D_TANK VESSELS

  Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept current by the U.S. Coast Guard, 
Department of Homeland Security. This index is updated as of October 1, 
2007.

                                               Part, subpart, or section

                                 A

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
Anniversary date................................................30.10-2a
Annual inspection:
Application for:................................................31.01-15
Fire extinguishers..............................................31.10-18
Anode installations, sacrificial................................35.01-25
Application for inspection............................31.01-15, 31.01-20
Application, electrical installations Subpart......................32.45
Application of regulations:
Governing alterations and repairs...............................30.01-10
Vessels on an international voyage...............................30.01-6

[[Page 520]]

Approved, definition.............................................30.10-3
Arresters, flame......................................30.10-23, 32.20-10
Assignment of functions.........................................31.01-10
Auto pilot......................................................35.20-45
Auxiliary machinery:
Construction.....................................................32.35-1
Design...........................................................32.35-1
Installation of internal combustion engine.......................32.35-5
Axes, fire...............................................34.05-20, 34.60

                                 B

Bell, alarm Subpart................................................32.25
Bell signals.....................................................32.30-5
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..........................................35.25-1
Safety rules for fires...........................................35.30-5
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
Cargo gear inspection...........................................31.10-16
Cargo handling:
Equipment maintenance...........................................35.35-70
General............................................................35.35
Liquefied petroleum gases..................................Subpart 38.15
Loading information................................................35.35
Safety requirements................................................35.30
Unmanned tank barges.............................................35.35-1
Cargo handling room, definitions.................................30.10-6
Cargo hose...................................35.35-15, 35.35-70, 38.15-5
Cargo piping....................................................38.10-10

[[Page 521]]

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, 32.75-10
Liquefied petroleum gases........................................Part 38
Liquid level gauging devices..........................38.10-20, 32.20-20
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............................................35.35-2 0
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
Validity.......................................................31.10-17a
Certificates regarding shipboard cargo gear.....................31.10-16
Certificates under International Convention for Safety of Life at 
Sea................................................................31.40
1960 American Bureau of Shipping................................31.40-45

[[Page 522]]

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
Duration of Convention Certificate..............................31.40-40
Exemption Certificate...........................................31.40-25
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........................................................35.25-5
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
Commandant, 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.........................................................32.57-1
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....................................tanks32.60-30
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, 32.65-40, 32.75-10
Construction of vessels for liquefied gases......................38.05-1
Construction of wood hull tank vessels:
Application of regulations.......................................32.75-1
Electric bonding and grounding of cargo tanks...................32.75-15
Hold spaces.....................................................32.75-20

[[Page 523]]

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
Definitions................................................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

                                 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....................................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
Enclosed ventilating system, fire extinguishing system...........34.05-5
Engineering, electrical.....................................31.35, 32.45
Engineering, marine Subpart........................................31.30
Equipment:
Cargo handling.............................................Subpart 32.50

[[Page 524]]

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.................................................32.02-1
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
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

[[Page 525]]

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...........34.17-90
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
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
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

[[Page 526]]

Alarm bells for tankships constructed prior to September 15, 1943 
                                                                 32.25-1
Alarm bells for manned barges....................................32.25-1
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.........................................32.40-35
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

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
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
Inspection and test, periodic, of independent cargo tanks..........38.25
Inspection of cargo gear:
Certification...................................................31.10-16
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
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

[[Page 527]]

Telephone equipment..............................................32.30-1
Voice tubes......................................................32.30-1
Issuance of certificates of inspection...........................31.05-1

                                 L

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.......................................................38.15-5
Cargo piping....................................................38.10-10
Certificate of inspection........................................38.01-5
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......................................38.10-5
Filling of tanks.................................................38.15-1
Installation of cargo tanks.....................................38.05-10
Insulation......................................................38.05-20
Leak detection systems..........................................38.15-10
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

[[Page 528]]

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................................35.25-5
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.........................35.20-40
Manning:
Tank vessels..............................................31.15, 35.35-1
Marine engineering and material specifications.............Subpart 31.30
Marine inspector, authority of..................................31.01-10
Markings:
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..................................................32.02-1
Muster list.............................................35.10-1, 35.10-5

                                 N

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

[[Page 529]]

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

Paint lockers....................................Subparts 32.85, 34.05-5
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, 34.10-90, 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
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 electrical equipment...................................35.30-30
Posting of certificate of inspection.............................31.05-5
Pressure-vacuum relief valve...........................30.10-55, 32.20-5
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.......................................................32.50

                                 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
Regulations:

[[Page 530]]

Application of...................................................30.01-5
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
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
Rivers, definition..............................................30.10-61
Rudder:
Indicators......................................................35.40-35

                                 S

Safety radio certificate........................................31.40-15
Safety requirements:
Means of escape..................................................32.02-1
Safety relief valves for cargo tanks............................38.10-15
Safety rules...............................................Subpart 35.30
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
Shipping papers required........................................35.01-10
Sleeping accommodations.................................Subpart 32.40-20
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 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

[[Page 531]]

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

                                 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
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...............................................32.40-25
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 and equipment for.........................................39.40-3
General requirements for.........................................39.40-1
Operational requirements for.....................................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

[[Page 532]]

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
Cofferdams......................................................32.55-45
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

                                 W

Warning signals and signs........................................35.30-1
Warning signs....................................................35.30-1
Washing facilities..............................................32.40-25
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
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............................32.65-5

                                  


[[Page 533]]



                              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 535]]

            Material Approved for Incorporation by Reference

                     (Revised as of October 1, 2007)

  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 (PARTS 1-40)

COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
                                                                  46 CFR


American Boat and Yacht Council, Inc.

  3069 Solomon's Island Road, Edgewater, MD 21037-
  1416
Standard A-1-78 Marine LPG--Liquefied Petroleum                  25.45-2
  Gas Systems, December 15, 1978.
Standard A-16 Electric Navigation Lights, July          25.01-3; 25.10-3
  1997.
Standard A-22-78 Marine CNG--Compressed Natural                  25.45-2
  Gas Systems, December 15, 1978.
ABYC E-1-1972, Bonding of Direct Current Systems..                28.345
ABYC E-8-1985, Alternating Current (AC) Electrical                28.345
  Systems on Boats.
ABYC E-9-1981, Recommended Practices and Standards                28.345
  Covering Direct Current (DC) Electrical Systems 
  on Boats.
ABYC H-2-1989, Ventilation of Boats Using Gasoline                28.340
ABYC H-25-1986, Portable Fuel Systems for               27.102; 27.211; 
  Flammable Liquids.                                              28.335
ABYC H-33-1989, Diesel Fuel Systems...............      27.102; 27.211; 
                                                                  28.335
ABYC P-1-1986, Installation of Exhaust Systems for                28.380
  Propulsion and Auxiliary Engines.


American Bureau of Shipping

  Publications Department, ABS Plaza, 16855 
  Northchase Drive, Houston, Texas 77060
Rules for Building and Classing Steel Vessels,       32.15; 32.60; 32.65
  1989.
Rules for Building and Classing Steel Vessels,      8.110(b); 31.01-3(b)
  1998.
U.S. Supplement to ABS Rules for Steel Vessels for            31.01-3(b)
  Vessels on International Voyages, October 21, 
  1996.
U.S. Supplement to ABS Rules for Mobile Offshore     8.110(b);107.205(b)
  Drilling Units, November 1, 1998.
U.S. Supplement to ABS Rules for Steel Vessels for  8.110(b); 31.01-3(b)
  Vessels on International Voyages, August 1, 
  1997.


American National Standards Institute (ANSI)

  25 West 43rd Street, Fourth floor, New York, NY 
  10036 Telephone: (212) 642-4900
ANSI B16.5-81 Steel Pipe Flanges and Flanged            39.10-5; 39.20-1
  Fittings.
ANSI/ASQC Q9001-1994, Quality Systems-Model for                    8.230
Quality Assurance in Design, Development, 
[[Page 536]] Installation, and Servicing, 1994.

American Petroleum Institute (API)

  1220 L Street NW., Washington, DC 20005-4070; 
  Telephone: (202) 682-8000
API Standard 2000, Venting Atmospheric and Low-        39.10-5; 39.20-11
  Pressure Storage Tanks (Nonrefrigerated and 
  Refrigerated), Third Edition, January 1982, 
  Reaffirmed, December 1987.


American Society for Nondestructive Testing (ASNT)

  P.O. Box 21142, Columbus, OH 43221
Recommended Practice No. SNT-TC-1A (1988),                 38.25-3(c)(2)
  Personnel Qualification and Certification in 
  Nondestructive Testing.


American Society for Testing and Materials

  100 Barr Harbor Drive, West Conshohocken, PA, 
  19428-2959, Telephone (610) 832-9585, FAX (610) 
  832-9555
ASTM D 93-97, Standard Test Methods for Flash          35.01-3; 35.25-10
  Point by Pensky-Martens Closed Cup Tester.
ASTM D 323-94, Standard Test Method for Vapor        30.01-3; 30.10-22; 
  Pressure of Petroleum Products (Reid Method).                 30.10-59
ASTM D 4986-98, Standard Test Method for             32.01-1; 32.57-10; 
  Horizontal Burning Characteristics of Cellular       38.01-3; 38.05-20
  Polymeric Materials.
ASTM F 1014-92, Standard Specification for             35.01-3; 35.30-20
  Flashlights on Vessels.
ASTM F 1121-87 (1993), Standard Specification for     34.01-15; 34.10-15
  International Shore Connections for Marine Fire 
  Applications.
ASTM F 1271-90 (1995), Standard Specification for       39.10-5; 39.20-9
  Spill Valves for Use in Marine Tank Liquid 
  Overpressure Protections Applications.
ASTM F 1273-91 (1997), Standard Specification for      32.01-1; 32.20-10
  Tank Vent Flame Arresters.
ASTM F 1321-92, Standard Guide for Conducting a            28.40; 28.535
  Stability Test (Lightweight Survey and Inclining 
  Experiment) To Determine the Light Ship 
  Displacement and Centers of Gravity of a Vessel.
ASTM Adjunct F 1626 Symbols for Use in Accordance      35.01-3; 35.10-3;
  with Regulation II-2/20 of the 1974 SOLAS 
  Convention As Amended PCN: 12-616260-01 (1996).


American Society of Mechanical Engineers,

  Three Park Avenue, New York, NY 10016-5990; 
  Telephone: (800) THE-ASME
ASME Boiler and Pressure Vessel Code Section V,            38.25-3(a)(1)
  Nondestructive Examination (1986).


Department of Defense

  DODSSP Standardization Document Order Desk, 700 
  Robbins Ave., Bldg 4D, Philadelphia, PA 19111-
  5098
Federal Specifications:
  ZZ-H-451E: Hose, Fire, Woven-Jacketed Rubber or               34.10-10
  Cambric-Lined, with Couplings


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        39.10-5; 39.20-9
  Industrial Purposes: Part 1, General 
  Requirements, 1979.
IEC 309-2 Plugs, Socket-outlets, and Couplers for       39.10-5; 39.20-9
Industrial Purposes: Part 2, Dimensional 
[[Page 537]]ability Requirements for Pin and 
  Contact-tube Accessories, 1981.
International Maritime Organization (IMO) (formerly Inter-Governmental 
Maritime Organization)

  4 Albert Embankment, London SE1 7SR, England 
  Telephone: 0171-587 3210; FAX: 0171-587 3210; 
  Telex: 23588. Purchase from: IMO Sales, New York 
  Nautical Instrument and Service Corp., 140 W. 
  Broadway, New York, NY 10013. Telephone: (212) 
  962-4522; FAX: (212) 406-8420
A.264 (VIII) Carriage of Grain, 1973..............              31.10-33
A.654 (XVI) Graphical Symbols for Fire Control          35.01-3; 35.10-3
  Plans, October 19, 1989.
IMO Resolution A.658(16), Use and Fitting of                      28.135
  Retro-Reflective Materials on Life-Saving 
  Appliances, dated November 1989.
STCW, International Convention on Standards of         15.103; 15.1101; 
  Training, Certification and Watchkeeping for        15.1103; 15.1105; 
  Seafarers, 1978, as amended in 1995 (the STCW                  15.1109
  Convention or STCW)--and Seafarer's Training, 
  Certification and Watchkeeping Code (STCW Code).
STCW, International Convention on Standards of          10.102; 10.103; 
  Training, Certification and Watchkeeping for          10.205; 10.304; 
  Seafarers, 1978, as amended in 1995 and 1997          10.603; 10.901; 
  (the STCW Convention or STCW)--and Seafarer's        10.903; 10.1005; 
  Training, Certification and Watchkeeping Code       10.1105; 12.01-1; 
  (STCW Code).                                        12.01-3; 12.01-6; 
                                                     12.02-7; 12.02-11; 
                                                      12.03-1; 12.05-3; 
                                                     12.05-7; 12.05-11; 
                                                      12.10-3; 12.10-5; 
                                                      12.10-7; 12.10-9; 
                                                      12.15-3; 12.15-7; 
                                                     12.25-45; 12.30-5; 
                                                                 12.35-5


Lloyd's Register of Shipping (LF)

  100 Leadenhall Street, London, ECA 3BP
Rules and Regulations for the Classification of               31.01-3(b)
  Ships, 1998.
Lloyd's Register of Shiping Supplemental                      31.01-3(b)
  Requirements, 1998.


National Electrical Manufacturers Association (NEMA)

  1300 North 17th Street, Suite 1847, Rosslyn, VA 
  22209; Telephone: (703) 841-3200; FAX: (703) 
  841-3300
ANSI/NEMA WD6 Wiring Devices-Dimensional                39.10-5; 39.20-9
  Requirements, 1988.


National Fire Protection Association

  1 Batterymarch Park, Quincy, MA 02269-9101, 
  Telephone: (800) 344-3555
306 Control of Gas Hazards on Vessels, 1975.......               35.01-1
NFPA 13-1996 Standard for the Installation of          34.01-15; 34.30-1
  Sprinkler Systems.
NFPA 17-1985, Dry Chemical Extinguishing Systems..                28.330
NFPA 17A-1986, Wet Chemical Extinguishing Systems.                28.330
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, Fire Protection Standard for              25.45; 28.335; 
  Pleasure and Commercial Motor Craft.                    28.340; 28.345
NFPA 302-1998, Fire Protection Standard for               27.102; 27.211
  Pleasure and Commercial Motor Craft.
NFPA 750, Standard on Water Mist Fire Protection          27.101, 27.102
Systems, 2003 edition.
[[Page 538]]

NFPA 2001, Standard on Clean Agent Fire                   27.101, 27.102
  Extinguishing Systems, 2000 edition.


Oil Companies International Marine Forum (OCIMF)

  6th Floor, Portland House, Stag Place, London, 
  SWIE 5BH, England
International Safety Code for Oil Tankers and           39.10-5; 39.20-9
  Terminals, Third Edition, 1988.


Society of Automotive Engineers

  400 Commonwealth Dr., Warrendale, PA 15096-0001, 
  Telephone: (412) 776-4841
SAE J1475-1984, Hydraulic Hose Fittings for Marine      27.102; 27.211; 
  Applications.                                            28.40; 28.880
SAE J1928-89, Devices Providing Backfire Flame                     25.35
  Control for Gasoline Engines in Marine 
  Applications.
SAE J1942-1989, Hose and Hose Assemblies for            27.102; 27.211; 
  Marine Applications.                                            28.405


Underwriters Laboratories, Inc.

  Available from: Global Engineering Documents, 15 
  Inverness Way East, Englewood, CO 80112, 
  Telephone (800) 854-7179 or
  Global Engineering Documents, 7730 Carondelet 
  Ave., Suite 470, Clayton, MO 63105, Telephone 
  (800) 854-7179
UL 19-78 Woven Jacketed, Rubber Lined Fire Hose...              34.10-10
UL 217-1985, Single and Multiple Station Smoke     28.325; 28.40; 28.830
  Detectors.
UL 710-1990, Exhaust Hoods for Commercial Cooking                 28.330
  Equipment.
UL 1111-88 Marine Carburetor Flame Arresters......                 25.35

[[Page 539]]



                    Table of CFR Titles and Chapters




                     (Revised as of October 1, 2007)

                      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--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 100--
                199)
        II  Office of Management and Budget Circulars and Guidance 
                (200--299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        VI  Department of State (Parts 600--699)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
        XI  Department of Defense (Parts 1100--1199)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1880--1899)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)
     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
    XXXVII  Peace Corps (Parts 3700--3799)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

[[Page 540]]

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--99)

                   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)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       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 (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600--3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Parts 4300--
                4399)
      XXXV  Office of Personnel Management (Parts 4500--4599)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)

[[Page 541]]

     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
      XCIX  Department of Defense Human Resources Management and 
                Labor Relations Systems (Department of Defense--
                Office of Personnel Management) (Parts 9900--9999)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         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 Nutrition 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)

[[Page 542]]

        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      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)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
      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 Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)

[[Page 543]]

   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 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, Department of 
                Agriculture (Parts 300--599)

                           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)
      XIII  Nuclear Waste Technical Review Board (Parts 1303--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      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)

[[Page 544]]

       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  Department of the Treasury (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)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board, Department of 
                Commerce (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board, 
                Department of Commerce (Parts 500--599)

                    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)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 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 Industry and Security, Department of 
                Commerce (Parts 700--799)

[[Page 545]]

      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)

             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  Bureau of Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Bureau of Immigration and Customs Enforcement, 
                Department of Homeland Security (Parts 400--599)

[[Page 546]]

                     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)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board (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  Millenium Challenge Corporation (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)

[[Page 547]]

                          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)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        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, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         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--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

[[Page 548]]

                           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 (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         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)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            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)

[[Page 549]]

        II  Office of Labor-Management Standards, 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  Employee Benefits Security 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)
       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)
        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)

[[Page 550]]

        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)

                      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)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       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)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (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)
       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)

[[Page 551]]

        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             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)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                301--399)
        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)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

[[Page 552]]

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          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 Service, 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)
       102  Federal Management Regulation (Parts 102-1--102-299)
       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
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) 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 (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

[[Page 553]]

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, 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)

                   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--10010)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (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 
                (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)

[[Page 554]]

       XII  Corporation for National and Community Service (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)
     XXIII  Arctic Research Commission (Part 2301)
      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 Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (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  Defense Acquisition Regulations System, 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  United States 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)

[[Page 555]]

        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  Broadcasting Board of Governors (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)
        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)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  [Reserved]
        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 (Parts 
                5400--5499)
        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  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)

[[Page 556]]

       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (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)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   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 Fishing and Related Activities (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
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR

[[Page 557]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of October 1, 2007)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development, United      22, II
     States
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            5, LXXIII
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               2, IX; 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
  Food and Nutrition 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
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  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
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX

[[Page 558]]

Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
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
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
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
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV, VI
  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, United States      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                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    28, VIII
     for the District of Columbia
Customs and Border Protection Bureau              19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII

[[Page 559]]

  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Acquisition Regulations System          48, II
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
District of Columbia, Court Services and          28, VIII
     Offender Supervision Agency for the
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 Development Administration               13, III
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
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
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
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  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                5, III, LXXVII; 14, VI; 
                                                  48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3

[[Page 560]]

  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           2, XXXV; 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
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 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
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
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 Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
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
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
Food and Drug Administration                      21, I
Food and Nutrition 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 Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5

[[Page 561]]

  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  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
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A, 2, III
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Defense Acquisition Regulations System          48, 2
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V; 42, I
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  6, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection Bureau            19, I
  Federal Emergency Management Agency             44, I
  Immigration and Customs Enforcement Bureau      19, IV
  Immigration and Naturalization                  8, I
  Transportation Security Administration          49, XII
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
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  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
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Customs Enforcement Bureau        19, IV
Immigration and Naturalization                    8, I
Immigration Review, Executive Office for          8, V
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; 42, I
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII

[[Page 562]]

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
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  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
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            2, XIV; 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, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
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                                2, XXVII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  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 Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I

[[Page 563]]

  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
  Copyright Royalty Board                         37, III
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Millenium Challenge Corporation                   22, XIII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   45, XII, XXV
National Archives and Records Administration      2, XXVI; 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 Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Intelligence, Office of Director of      32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV, VI
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                       2, XXV; 5, XLIII; 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
[[Page 564]]

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
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
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
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Patent and Trademark Office, United States        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 Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 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
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory 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 Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
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 Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
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                     2, XXVII; 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

[[Page 565]]

Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  2, VI; 22, I; 28, XI
  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 Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  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
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection Bureau            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
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the 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 567]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations that were 
made by documents published in the Federal Register since January 1, 
2001, 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, 2001, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, 1973-1985, and 1986-2000'' published in 
11 separate volumes.

                                  2001

46 CFR
                                                                   66 FR
                                                                    Page
Chapter I
1 Authority citation revised.......................................31844
1.01-10 (b)(1) introductory text, (1)(ii)(A) and (D) amended; 
        (b)(1)(iii) redesignated as (b)(1)(iv); new (b)(1)(iii) 
        added......................................................48619
1.03-15 (a) revised; (h)(5) added..................................31844
    Regulation at 66 FR 31844 confirmed............................44985
1.03-50 Added......................................................31844
    Regulation at 66 FR 31844 confirmed............................44985
4 Policy statement.................................................41955
4.06-1 (f) removed.................................................42967
4.06-20 (b) amended................................................42967
4.06-40 (b) amended................................................42967
4.06-50 (b) amended................................................42967
5 Policy statement.................................................41955
5.569 Table amended................................................42967
10 Policy statement.................................................9673
    Technical correction...........................................24183
10.103 Amended; interim............................................20935
10.112 (b) amended.................................................48619
10.205 (g)(3) revised; interim.....................................20935
10.209 (c)(6) revised; (c)(7) removed; interim.....................20935
10.210 Added; interim..............................................20935
10.223 (d) added; interim..........................................20936
10.304 (h)(5), (6) and (7) amended; interim........................20936
10.412 (a) amended; interim........................................20936
10.414 (a) amended; interim........................................20936
10.463 (a), (b) and (c) redesignated as (b), (c) and (d); new (a) 
        added; new (c) and (d) revised; interim....................20936
10.464 (a), (b), (d) and (g) revised; (h) added; interim...........20937
10.465 (b) removed; (c) through (g) redesignated as (b) through 
        (f); (a) and new (e) revised; interim......................20940
10.466 (a) revised; interim........................................20942
10.903 (a)(18)(iii) added; (c)(7) removed; (c)(8) through (19) 
        redesignated as (c)(7) through (18); interim...............20944
10.910 Table amended...............................................48619
12.02-13 (c) amended...............................................48619
15 Policy statement.................................................9673
    Technical correction...........................................24183
15.610 Revised; interim............................................20944
15.805 (a)(5) revised; interim.....................................20944
15.810 (d) revised; interim........................................20944
15.910 Revised; interim............................................20944
16 Policy statement................................................41955
16.105 Amended.....................................................42967
16.107 Added.......................................................42967
16.109 Added.......................................................42968
16.113 Added.......................................................42968
16.115 Added.......................................................42968
16.201 (a), (c) and (e) revised; (f) added.........................42968
16.203 Added.......................................................42968
16.207 Removed.....................................................42968
16.260 (a) revised.................................................42968
16.301--16.370 (Subpart C) Removed.................................42968

[[Page 568]]

25.10-1--25.10-3 (Subpart 25.10) Added; eff. 11-1-02...............55092
25.01-3 (b) amended; eff. 11-1-02..................................55091
28.225 (a)(1) amended..............................................48619
28.275 (a) amended.................................................48619
30.01-6 (a)(2)(iii) added..........................................48619
32.53-5 Revised....................................................48619
35.20-1 (a) and (c) amended........................................48619

                                  2002

46 CFR
                                                                   67 FR
                                                                    Page
Chapter I
2 Authority citation revised.......................................34760
2.01-7 (a) table redesignated and revised..........................34760
2.01-45 Revised....................................................34767
10 Authority citation revised......................................34767
10.102 (b) revised; interim........................................66067
10.103 Amended; interim............................................66067
10.105 Amended.....................................................61278
10.205 (l)(1), (2) and (3) amended; interim........................66067
10.304 (f) amended; interim........................................66068
10.407 (a)(2)(iv) amended..........................................64315
    Regulation at 67 FR 64315 confirmed............................79881
10.467 Heading revised.............................................34767
10.603 (c) amended; interim........................................66068
10.901 (c) amended; interim........................................66068
10.903 (c) and (d) amended; interim................................66068
10.1005 Amended; interim...........................................66068
10.1101--10.1105 (Subpart K) Added; interim........................66068
12.01-1 Amended; interim...........................................66068
12.01-3 Revised; interim...........................................66068
12.01-6 Amended; interim...........................................66068
12.02-7 (d) amended; interim.......................................66068
12.02-11 (h)(1) amended; interim...................................66068
12.03-1 (a)(8) amended; interim....................................66068
12.05-3 (b)(1) amended; interim....................................66068
12.05-7 (a)(5) amended; interim....................................66068
12.05-9 (c) amended................................................61278
12.05-11 (a) amended; interim......................................66068
12.10-3 Amended; interim...........................................66068
12.10-5 (d) amended; interim.......................................66068
12.10-7 Amended; interim...........................................66069
12.10-9 (b)(2) amended; interim....................................66069
12.15-3 (d)(1) amended; interim....................................66069
12.15-7 Amended; interim...........................................66069
12.25-10 (a) and (b) amended.......................................61278
12.25-45 Amended; interim..........................................66069
12.30-5 Amended; interim...........................................66069
12.35-1--12.35-5 (Subpart 12.35) Added; interim....................66069
14.103 (a) and (b) amended.........................................61278
14.307 (a) amended.................................................61278
15 Authority citation revised......................................34767
15.301 (a) amended.................................................34767
15.605 Revised.....................................................34767
15.705 (f) added...................................................34767
15.805 (a)(6) added................................................34767
15.855 (c) added...................................................34767
15.905 Revised.....................................................34767
15.1103 (e), (f) and (g) redesignated as (f), (g) and (h); new (e) 
        added; heading, (d), new (g) and (h) revised; interim......66069
24 Authority citation revised......................................34768
24.05-1 (a) introductory text and table revised....................34768
24.10-1 (Subpart 24.10) Revised....................................34775
25 Authority citation revised......................................34775
25.01-3 Regulation at 66 FR 55091 eff. date delayed to 11-1-03......2329
25.10 Regulation at 66 FR 55092 eff. date delayed to 11-1-03........2329
25.25-5 (d) revised................................................34775
25.25-17 Added.....................................................34776
25.25-19 Added.....................................................34776
25.26-10 Revised...................................................34776
25.30-20 (b) and (c) redesignated as (c) and (d); new (b) added....34776
26 Authority citation revised......................................34776
26.03-1 (a) introductory text revised..............................34776
26.03-2 (a) revised................................................34776
26.03-4 Added......................................................34776
26.03-5 Removed....................................................34776
26.03-6 Added......................................................34776
26.03-8 Revised....................................................34776
    Technical correction...........................................72100
26.03-9 Added......................................................34777
26.20-1 (Subpart 26.20) Heading revised............................34777
26.20-1 Revised....................................................34777
28.120 (a) and (c) tables amended..................................61278
28.140 (b), (c) and Table 28.140 revised...........................58540
28.270 (a)(4) amended..............................................61278
30 Authority citation revised......................................34777
30.01-5 (d) revised; (d) table redesignated........................34777
32.22T--32.22T-5 (Subpart 32.22T) removed; eff. 10-17-02...........58524
34.50-10 (e) revised...............................................66069

[[Page 569]]

                                  2003

46 CFR
                                                                   68 FR
                                                                    Page
Chapter I
Chapter I Heading corrected........................................16953
1 Authority citation revised........................................9535
1.01-10 (b)(1) and (2) amended......................................9535
1.03-10--1.03-50 (Subpart 1.03) Authority citation added...........37093
1.03-15 (h)(5) revised.............................................37093
    Regulation at 68 FR 37093 eff. date confirmed..................51499
1.03-50 Revised....................................................37093
    Regulation at 68 FR 37093 eff. date confirmed..................51499
2 Authority citation revised.......................................39314
    Authority citation correctly revised...........................41915
2.01-25 (a)(1)(viii) added; interim; eff. to 11-25-03..............39314
    Regulation at 68 FR 39314 confirmed; (a)(2)(viii) added........60515
    Regulation at 68 FR 60515 eff. date corrected..................62501
7 Authority citation revised.......................................42602
7.5 (a) amended....................................................42602
7.105 Revised......................................................42602
10 Authority citation revised......................................35810
10.403 Illustration revised........................................35810
10.463 (a), (b)(2) and (7) removed; (b) introductory text, (1), 
        (3) through (6), (8), (c) and (d) redesignated as (a) 
        introductory text, (1) through (6), (b) and (c); new (b) 
        amended....................................................35812
10.464 (b) and Table 10.464-3 removed; (c) through (f), (g) 
        introductory text, (1), (2) introductory text, (i), (ii), 
        (h) introductory text, (1) introductory text, (i), (ii), 
        (iii), (2) introductory text, (i) and (ii) redesignated as 
        (b) through (e), (f)(1), (2) introductory text, (i), (ii), 
        (g) introductory text (1) introductory text, (i), (ii), 
        (iii), (2) introductory text, (i) and (ii); new (f)(2)(ii) 
        amended; (a), Table 10.464-1, new (b) and Table 10.464-2 
        revised; (f)(3) added......................................35812
10.465 (a) amended; Table 10.465-2 and (d) removed; (e) and (f) 
        redesignated as (d) and (e); Table 10.465-1 and new (e) 
        revised; new (f) added.....................................35814
10.466 Table 10.466-1 revised......................................35816
10.903 (a)(18)(ii) removed; (a)(18)(iii) and (c)(7) through 
        (c)(18) redesignated as (a)(18)(ii) and (c)(8) through 
        (c)(19); new (c)(7) added..................................35817
15 Authority citation revised......................................35818
15.610 (b)(1)(ii) amended; (d) added...............................35818
25 Authority citation revised......................................22611
25.30-10 Heading and (c) revised; interim..........................22611
25.30-15 Revised; interim..........................................22611
27 Revised; interim................................................22611
28 Authority citation revised......................................42602
28.50 Amended......................................................42602
31 Authority citation revised......................................39314
    Authority citation correctly revised...........................41915
31.05-1 (a) revised; interim.......................................39314
    Regulation at 68 FR 39314 confirmed............................60512

                                  2004

46 CFR
                                                                   69 FR
                                                                    Page
Title 46 Nomenclature change.......................................18803
Chapter I
1 Authority citation revised.......................................58341
1.01-25 (b) and (c)(1) amended.....................................58341
1.01-35 (b) amended................................................58341
2 Authority citation revised.......................................58341
2.01-5 (c) amended.................................................58341
2.01-10 (b) amended................................................58341
2.01-15 (a)(2) and (b) introductory text amended...................58341
2.01-20 Amended....................................................58341
2.01-25 (a)(3) revised.............................................58341
2.10-101 (b) amended...............................................58341
2.10-115 (a) amended...............................................58341
2.20-40 (c) introductory text revised..............................58341
2.20-50 Amended....................................................58341
2.75-1 (c) amended; (f) revised....................................58341
2.75-5 (a) and (b) amended.........................................58341
2.75-50 (c) amended................................................58341
2.85-1 Amended.....................................................58341
3 Authority citation revised.......................................58341
4 Authority citation revised.......................................58341
4.23-1 Amended.....................................................58341
4.40-30 (b) amended................................................58341
5 Authority citation revised.......................................58341
5.19 (b) amended...................................................58341
5.33 Amended.......................................................58342
5.707 (b) revised..................................................58342
5.803 Amended......................................................58342
5.805 (a) amended..................................................58342

[[Page 570]]

6 Authority citation revised.......................................58342
6.01 (b) and (d) amended...........................................58342
6.06 (c) introductory text amended.................................58342
7 Authority citation revised.......................................58342
8 Authority citation revised.......................................58342
8.320 (b)(9) amended...............................................58342
8.450 (c) and (d) amended..........................................58342
9 Authority citation amended.......................................58342
10 Authority citation amended......................................58342
10.102 Regulation at 67 FR 66067 confirmed.........................32466
    (b) amended....................................................58342
10.103 Regulation at 67 FR 66067 confirmed.........................32466
10.107 (b) amended.................................................58342
10.205 Regulation at 67 FR 66067 confirmed.........................32466
    (d)(4), (f)(3), (l), (m)(1), (n)(1) and (o) amended............58342
10.209 (e)(3)(i) introductory text amended.........................58342
10.302 (a) amended.................................................58342
10.303 (f) introductory text amended...............................58342
10.304 Regulation at 67 FR 66068 confirmed.........................32466
    (h)(7) and (8) amended.........................................58342
10.306 Removed.....................................................58342
10.307 Amended.....................................................58342
10.309 (a)(11) amended.............................................58342
10.603 Regulation at 67 FR 66068 confirmed.........................32466
10.805 (b) amended.................................................58342
    (f) amended....................................................68089
10.811 Removed.....................................................58342
10.901 Regulation at 67 FR 66068 confirmed.........................32466
    (c) introductory text amended..................................58342
10.903 Regulation at 67 FR 66068 confirmed.........................32466
    (c) introductory text revised..................................58342
10.1005 Regulation at 67 FR 66068 confirmed........................32466
10.1101--10.1105 (Subpart K) Regulation at 67 FR 66068 confirmed 
                                                                   32466
12 Authority citation revised.................................531, 58343
    Technical correction............................................6575
12.01-1 Heading and (a)(1) revised; (a)(2) amended; (a)(3) and (c) 
        added; interim...............................................531
    Regulation at 67 FR 66068 confirmed............................32466
12.01-3 Regulation at 67 FR 66068 confirmed........................32466
12.01-6 Amended; interim.............................................531
    Regulation at 67 FR 66068 confirmed............................32466
12.01-7 Revised; interim.............................................531
    Regulation at 67 FR 66068 confirmed............................32466
12.01-9 (b)(1) amended.............................................58343
12.02-3 (a) and (b)(3) amended.....................................58343
    (b)(3) revised.................................................68089
12.02-4 Heading, (a), (c) introductory text and (1) revised; 
        interim......................................................531
    (c)(1)(ii) and (6) amended.....................................58343
12.02-5 (b) amended; interim.........................................532
12.02-9 (a) amended; (g) and (h) revised; interim....................532
12.02-10 Amended...................................................58343
12.02-11 Regulation at 67 FR 66068 confirmed.......................32466
    (d)(1), (2) and (e)(1) amended.................................58343
12.02-12 Added; interim..............................................532
12.02-13 (b) and (c) revised; interim................................532
    (b)(8) amended.................................................58343
12.02-17 (c) heading, introductory text, (2) and (d) revised; 
        (c)(3) removed; (h) added; interim...........................532
12.02-23 (e) revised; (g) added; interim.............................532
    (d) revised....................................................58343
12.02-24 Revised; interim............................................532
12.02-27 (a) introductory text, (1), (2), (3), (e)(3)(i)(A) and 
        (B) revised; (e)(3)(i)(C) and (D) redesignated as 
        (e)(3)(i)(D) and (E); new (e)(3)(i)(C) and (5) added; 
        interim......................................................533
12.02-29 Removed...................................................58343
12.03-1 Regulation at 67 FR 66068 confirmed........................32466
    (a)(11) and (c)(2) amended.....................................58343
12.05-3 Regulation at 67 FR 66068 confirmed........................32466
12.05-7 Regulation at 67 FR 66068 confirmed........................32466
12.05-9 (C-1) and (d) redesignated as (d) and (e)..................58343
12.05-11 Regulation at 67 FR 66068 confirmed.......................32466
12.10-3 Regulation at 67 FR 66068 confirmed........................32466
    (a)(5) amended.................................................58343
12.10-5 Regulation at 67 FR 66068 confirmed........................32466

[[Page 571]]

12.10-7 Regulation at 67 FR 66069 confirmed........................32466
12.10-9 Regulation at 67 FR 66069 confirmed........................32466
    (a) amended....................................................58343
12.13-1 Amended....................................................58343
12.15-3 Regulation at 67 FR 66069 confirmed........................32466
12.15-5 (c) amended.........................................58343, 68089
12.15-7 Regulation at 67 FR 66069 confirmed........................32466
12.25-20 Amended...................................................58343
12.25-45 Regulation at 67 FR 66069 confirmed.......................32466
12.30-5 Regulation at 67 FR 66069 confirmed........................32466
12.35-1--12.35-5 (Subpart 12.35) Regulation at 67 FR 66069 
        confirmed..................................................32466
13 Authority citation revised......................................58343
13.105 (b)(1) and (2) amended......................................58343
13.113 Removed.....................................................58343
13.115 Removed.....................................................58343
13.117 Removed.....................................................58343
15 Authority citation revised......................................58343
15.102 (b)(1) amended..............................................58343
15.103 (d) amended.................................................58343
15.105 (b) amended.................................................58343
15.515 (a) amended.................................................58343
15.705 (a) amended.................................................58343
15.710 Introductory text amended...................................58343
15.812 (c) introductory text amended...............................58343
15.815 (c) revised.................................................58343
15.1030 Note added.................................................58344
15.1103 Regulation at 67 FR 66069 confirmed........................32466
    (b) amended....................................................58344
15.1105 (d) removed; (e) redesignated as (d).......................58344
16 Authority citation revised................................6577, 58344
16.105 Amended......................................................6577
16.500 (a), (b)(1) and (2) revised; (d) removed.....................6578
16 Appendix B removed...............................................6578
24 Authority citation revised......................................58344
25 Authority citation revised...............................34068, 58344
25.01-5 (b) amended................................................58344
25.30-10 Heading, (c) and Table 25.30-10(C) revised................34068
25.30-15 Revised...................................................34069
26 Authority citation revised......................................58344
26.03-8 (a) amended................................................58344
27 Revised.........................................................34069
    Authority citation revised.....................................58344
28 Authority citation revised......................................58344
28.20 (b) amended..................................................58344
28.30 (a) amended...........................................58344, 68089
28.50 Amended......................................................58344
28.65 (c) amended..................................................58344
28.70 (b) revised..................................................58344
28.140 Table amended...............................................58344
28.275 (a) introductory text, (2)(ii) and (3)(ii) amended; Note 1 
        removed....................................................58344
28.300 Revised.....................................................58344
28.515 (b) amended.................................................58344
28.575 (b) amended.................................................58344
28.825 (b)(2)(ii) amended..........................................58344
30 Authority citation revised......................................58344
30.01-2 (b) amended................................................58345
30.15-1 (a) amended.........................................58345, 68089
30.30-11 (b) amended........................................58345, 68089
31 Authority citation revised......................................58345
31.01-3 (b) amended................................................58345
34 Authority citation revised......................................58345
35 Authority citation revised......................................58345
35.30-35 (a)(2) revised............................................58345
36 Authority citation revised......................................58345
38 Authority citation revised......................................58345
39 Authority citation revised......................................58345
39.10-13 (c) and (d) amended.......................................58345

                                  2005

46 CFR
                                                                   70 FR
                                                                    Page
Chapter I
1--199 (Ch. I) Nomenclature changes................................75734
3.03-1 Amended.....................................................57183
4 Authority citation revised................................74675, 75960
4.03-1 Revised.....................................................74675
4.03-60 Added......................................................74676
4.03-65 Added......................................................74676
4.03-70 Added......................................................74676
4.05-1 (a)(2) amended; (a)(8) and (c) added........................74676
4.05-2 Added.......................................................74676
4.06-1 (b) amended; (c) and (d) revised............................75960
4.06-3 Added.......................................................75960
4.06-5 Revised.....................................................75961
4.06-10 Removed....................................................75961
4.06-15 Added......................................................75961
4.06-20 Revised....................................................75961
4.06-70 Added......................................................75961
10.201 (c) amended.................................................57183
10.467 (b) amended.................................................57183

[[Page 572]]

                                  2006

46 CFR
                                                                   71 FR
                                                                    Page
Chapter I
1.01-05 (c) added..................................................35818
1.01-10 (b) introductory text revised..............................35818
1.01-15 (a) revised; (b) amended...................................35818
    (b) Note removed; (c) redesignated as (d); new (c) added; 
heading and new (d) revised........................................48482
    (c) correctly amended..........................................54768
    (a) correctly revised..........................................60066
1.01-25 (b) revised................................................35818
1.03-15 (h)(3) and (4) revised.....................................48482
1.03-20 Revised....................................................35818
1.03-45 Revised....................................................48482
4.04-3 OMB number..................................................55745
4.04-5 OMB number..................................................55745
5 Technical correction.............................................54768
5.11 Added.........................................................48482
5.15 Revised.......................................................48482
10 Authority citation revised.......................................2165
10.103 Amended; interim.............................................2165
    Amended........................................................48482
10.105 Revised; interim.............................................2165
    (a) revised....................................................48482
    (a) correctly amended..........................................54769
10.201 (a), (b), (h) introductory text and (1) revised; interim.....2166
10.202 (m) added; interim...........................................2166
10.205 (a) and (c) revised; interim.................................2166
10.207 (a) revised; interim.........................................2166
10.209 (a)(2) and (e)(3)(i) introductory text revised; interim......2166
12 Technical correction............................................54768
12.01-6 Amended....................................................48482
12.01-7 Revised....................................................48482
12.02-3 (a) revised................................................48483
13 Technical correction............................................54768
13.103 Amended.....................................................48483
30 Policy statement................................................75421
30.30-7 Amended....................................................55745
31.01-3 (b) amended................................................55745
32.15-15 (e) amended...............................................55746

                                  2007

  (Regulations published from January 1, 2007, through October 1, 2007)

46 CFR
                                                                   72 FR
                                                                    Page
Chapter I
1.01-15 (c) and (d) revised; (e) and (f) added......................7930
1.01-25 (b)(1) amended.............................................36329
1.03-15 (h)(3) revised..............................................7930
1.03-40 Redesignated from 1.03-45...................................7930
1.03-45 Redesignated as 1.03-40; new 1.03-45 added..................7930
2.01-1 (a)(1) amended..............................................36329
2.01-3 (b) amended.................................................36329
4.05-1 (a) amended.................................................36330
4.05-10 (a) amended................................................36330
5.807 Amended......................................................36330
10.102 Redesignated as 10.103; new 10.102 added.....................7931
10.103 Redesignated as 10.104.......................................7931
10.104 Redesignated from 10.103.....................................7931
10.113 Added........................................................3587
10.205 (g)(3) and (h) introductory text revised....................53964
10.209 (e)(3)(i) amended...........................................53964
10.219 (a) amended.................................................53964
10.304 (a) amended.................................................53964
10.307 Amended.....................................................53964
10.309 (a)(11) amended.............................................53964
10.805 (e) amended.................................................53964
12 Authority citation revised.......................................3588
12.01-11 Added......................................................3588
12.40-1--12.40-15 (Subpart 12.40) Added; interim...................20284
14.311 (a) amended.................................................53964
15 Authority citation revised................................3588, 20286
15.415 Added........................................................3588
15.530 Added; interim..............................................20286
15.850 Revised.....................................................53964
16.500 (b)(2) amended..............................................36330
25.26-1 Amended....................................................53964
28.50 Amended......................................................36330
31.10-5 (a) introductory text and (1) amended......................53964
31.10-16 (e) amended...............................................53964
39.10-3 Amended....................................................53965


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