[Title 46 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2014 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]



          Title 46

Shipping


________________________

Parts 1 to 40

                         Revised as of October 1, 2014

          Containing a codification of documents of general
          applicability and future effect

          As of October 1, 2014
                    Published by the Office of the Federal Register
                    National Archives and Records Administration as a
                    Special Edition of the Federal Register

[[Page ii]]

          U.S. GOVERNMENT OFFICIAL EDITION NOTICE

          Legal Status and Use of Seals and Logos
          

          The seal of the National Archives and Records Administration
              (NARA) authenticates the Code of Federal Regulations (CFR) as
              the official codification of Federal regulations established
              under the Federal Register Act. Under the provisions of 44
              U.S.C. 1507, the contents of the CFR, a special edition of the
              Federal Register, shall be judicially noticed. The CFR is
              prima facie evidence of the original documents published in
              the Federal Register (44 U.S.C. 1510).

          It is prohibited to use NARA's official seal and the stylized Code
              of Federal Regulations logo on any republication of this
              material without the express, written permission of the
              Archivist of the United States or the Archivist's designee.
              Any person using NARA's official seals and logos in a manner
              inconsistent with the provisions of 36 CFR part 1200 is
              subject to the penalties specified in 18 U.S.C. 506, 701, and
              1017.

          Use of ISBN Prefix

          This is the Official U.S. Government edition of this publication
              and is herein identified to certify its authenticity. Use of
              the 0-16 ISBN prefix is for U.S. Government Printing Office
              Official Editions only. The Superintendent of Documents of the
              U.S. Government Printing Office requests that any reprinted
              edition clearly be labeled as a copy of the authentic work
              with a new ISBN.

              

          U . S . G O V E R N M E N T P R I N T I N G O F F I C E

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

          U.S. Superintendent of Documents  Washington, DC
              20402-0001

          http://bookstore.gpo.gov

          Phone: toll-free (866) 512-1800; DC area (202) 512-1800

[[Page iii]]




                            Table of Contents



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

  Title 46:
          Chapter I--Coast Guard, Department of Homeland
          Security                                                   3
  Finding Aids:
      Table of CFR Titles and Chapters........................     559
      Alphabetical List of Agencies Appearing in the CFR......     579
      List of CFR Sections Affected...........................     589

[[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, 2014), 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.

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of
the revision date stated on the cover of each volume are not carried.
Code users may find the text of provisions in effect on any given date
in the past by using the appropriate List of CFR Sections Affected
(LSA). For the convenience of the reader, a ``List of CFR Sections
Affected'' is published at the end of each CFR volume. For changes to
the Code prior to the LSA listings at the end of the volume, consult
previous annual editions of the LSA. For changes to the Code prior to
2001, consult the List of CFR Sections Affected compilations, published
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of
Federal Regulations. An agency may add regulatory information at a
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used
editorially to indicate that a portion of the CFR was left vacant and
not accidentally dropped due to a printing or computer error.

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.
    What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed 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, 8601 Adelphi Road, College Park, MD 20740-6001,
or call 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Authorities
and Rules. A list of CFR titles, chapters, subchapters, and parts and an
alphabetical list of agencies publishing in the CFR are also included in
this volume.

[[Page vii]]

    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.

REPUBLICATION OF MATERIAL

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

INQUIRIES

    For a legal interpretation or explanation of any regulation in this
volume, contact the issuing agency. The issuing agency's name appears at
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000
or write to the Director, Office of the Federal Register, National
Archives and Records Administration, 8601 Adelphi Road, College Park, MD
20740-6001 or e-mail [email protected].

SALES

    The Government Printing Office (GPO) processes all sales and
distribution of the CFR. For payment by credit card, call toll-free,
866-512-1800, or DC area, 202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or
fax your order to 202-512-2104, 24 hours a day. For payment by check,
write to: US Government Printing Office - New Orders, P.O. Box 979050,
St. Louis, MO 63197-9000.

ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, the LSA (List of
CFR Sections Affected), The United States Government Manual, the Federal
Register, Public Laws, Public Papers of the Presidents of the United
States, Compilation of Presidential Documents and the Privacy Act
Compilation are available in electronic format via www.ofr.gov. For more
information, contact the GPO Customer Contact Center, U.S. Government
Printing Office. Phone 202-512-1800, or 866-512-1800 (toll-free). E-
mail, [email protected].
    The Office of the Federal Register also offers a free service on the
National Archives and Records Administration's (NARA) World Wide Web
site for public law numbers, Federal Register finding aids, and related
information. Connect to NARA's web site at www.archives.gov/federal-
register.
    The e-CFR is a regularly updated, unofficial editorial compilation
of CFR material and Federal Register amendments, produced by the Office
of the Federal Register and the Government Printing Office. It is
available at www.ecfr.gov.

    Charles A. Barth,
    Director,
    Office of the Federal Register.
    October 1, 2014.







[[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--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, 2014.

    For this volume, Bonnie Fritts was Chief Editor. The Code of Federal
Regulations publication program is under the direction of John Hyrum
Martinez, assisted by Jim Hemphill.

[[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, and by USCG-2012-0832, 77 FR 59772, Oct. 1, 2012.

            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.................................          43
4               Marine casualties and investigations........          44
5               Marine investigation regulations--personnel
                    action..................................          62
6               Waivers of navigation and vessel inspection
                    laws and regulations....................          74
7               Boundary lines..............................          77
8               Vessel inspection alternatives..............          85
9               Extra compensation for overtime services....          97
            SUBCHAPTER B--MERCHANT MARINE OFFICERS AND SEAMEN
10              Merchant mariner credential.................         100
11              Requirements for officer endorsements.......         151
12              Requirements for rating endorsements........         244
13              Certification of tankermen..................         265
14              Shipment and discharge of merchant mariners.         285
15              Manning requirements........................         291
16              Chemical testing............................         318
                    SUBCHAPTER C--UNINSPECTED VESSELS
24              General provisions..........................         327
25              Requirements................................         330
26              Operations..................................         342
27              Towing vessels..............................         346

[[Page 4]]

28              Requirements for commercial fishing industry
                    vessels.................................         352
                       SUBCHAPTER D--TANK VESSELS
30              General provisions..........................         401
31              Inspection and certification................         433
32              Special equipment, machinery, and hull
                    requirements............................         451
34              Firefighting equipment......................         481
35              Operations..................................         501
36              Elevated temperature cargoes................         523
38              Liquefied flammable gases...................         524
39              Vapor control systems.......................         540
40

[Reserved]

[[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.
1.01-05 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 Great Lakes Pilotage
          Division (CG-WWM-2).

    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.
    (d) The term Credential means any or all of the following:
    (1) Merchant mariner's document.
    (2) Merchant mariner's license.
    (3) STCW endorsement.
    (4) Certificate of registry.
    (5) Merchant mariner credential.
    (e) The term Merchant mariner credential or MMC means the credential
issued by the Coast Guard under 46 CFR part 10. It combines the
individual merchant mariner's document, license, and certificate of
registry enumerated in 46 U.S.C. subtitle II part E as well as the STCW
endorsement into a single credential that serves as the mariner's
qualification document, certificate of identification, and certificate
of service.

[CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by USCG-2006-24520,
71 FR 35818, June 22, 2006; USCG-2006-24371, 74 FR 11213, Mar. 16, 2009]



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.
    (c) The Deputy for Operations Policy and Capabilities (CG-DCO-D),
under

[[Page 6]]

the general direction of the Commandant, directs, supervises, and
coordinates the activities of the Assistant Commandant for Response (CG-
5R), the Assistant Commandant for Prevention Policy (CG-5P), and the
Director of Operations Resource Management (CG-DCO-R).
    (1) CG-5R directs, supervises, and coordinates the activities of:
    (i) The Director of Incident Management and Preparedness Policy (CG-
5RI), including--
    (A) The Office of Environmental Response Policy (CG-MER),
    (B) The Office of Search and Rescue (CG-SAR), and
    (C) The Office of Crisis and Contingency Planning and Exercise
Policy (CG-CPE); and
    (ii) The Director of Law Enforcement, Maritime Security and Defense
Operations Policy (CG-5RE) including:
    (A) The Office of Law Enforcement Policy (CG-MLE),
    (B) The Office of Maritime Security Response Policy (CG-MSR), and
    (C) The Office of Counterterrorism and Defense Operations Policy
(CG-DOD). (2) CG-5P directs, supervises and coordinates the activities
of:
    (i) The Director of Commercial Regulations and Standards (CG-5PS)
including
    (A) The Office of Design and Engineering Standards (CG-ENG),
    (B) The Office of Operating and Environmental Standards (CG-OES),
and
    (C) The Office of Standards Evaluation and Development (CG-REG); and
    (ii) The Director of Inspections and Compliance (CG-5PC) including
    (A) The Office of International and Domestic Port Assessments (CG-
PSA),
    (B) The Office of Auxiliary and Boating Safety (CG-BSX),
    (C) The Office of Commercial Vessel Compliance (CG-CVC),
    (D) The Office of Port & Facility Compliance (CG-FAC), and
    (E) The Office of Investigations and Casualty Analysis (CG-INV); and
    (iii) The Director of Marine Transportation Systems (CG-5PW)
including
    (A) The Office of Bridge Programs (CG-BRG),
    (B) The Office of Waterways and Ocean Policy (CG-WWM), and
    (C) The Office of Navigation Systems (CG-NAV); and
    (iv) CG-5PC exercises technical control over the Commanding Officer,
National Maritime Center (NMC), and, through the District Commander,
supervises the administration of the Marine Safety Division of District
Offices and Officers in Charge, Marine Inspection.
    (3) CG-DCO-R directs, supervises and coordinates the activities of
    (i) The Office of Workforce Management (CG-DCO-R-1),
    (ii) The Office of Budget Development (CG-DCO-R-2),
    (iii) The Office of Budget Execution (CG-DCO-R-3), and
    (iv) The Office of Information Resources (CG-DCO-R-6).
    (d) The Port Safety and Security programs administered by the Chief,
Office of Port Security Assessments (CG-PSA), and the Marine
Environmental Response programs administered by the Chief, Office of
Environmental Response Policy (CG-MER), are guided by regulations
contained in 33 CFR chapter I.
    (1) The Deputy for Operations Policy and Capabilities (CG-DCO-D)
exercises technical control over the Commanding Officer, National
Maritime Center (NMC), 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 Commercial Regulations and Standards (CG-5PS),
under the general direction and supervision of the Deputy for Operations
Policy and Capabilities (CG-DCO-D), establishes federal policies for
development of marine safety, security, and environmental protection
treaties, laws, and regulations; develops safety, security, and
environmental protection standards for the maritime industry; integrates
all marine safety, security, 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 (CG-ENG),
at

[[Page 7]]

Headquarters, under the direction of the Assistant Commandant for
Prevention Policy (CG-5P) and the Director of Commercial Regulations and
Standards (CG-5PS), 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 (CG-
OES), at Headquarters, under the direction of the Assistant Commandant
for Prevention Policy (CG-5P) and the Director of Commercial Regulations
and Standards (CG-5PS), 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 (CG-
REG), at Headquarters, under the Direction of the Assistant Commandant
for Prevention Policy (CG-5P) and the Director of Commercial Regulations
and Standards (CG-5PS), coordinates the development of new standards,
programs, and regulations across all technical and operational areas of
marine safety and environmental protection; provides comprehensive
analytical support for all standards assessment and development efforts;
coordinates development of measures of effectiveness for assessing
regulatory programs and consensus standards; and oversees the Coast
Guard's rulemaking development program.
    (D) The Commanding Officer, Marine Safety Center, under the
Direction of the Assistant Commandant for Prevention Policy (CG-5P) and
the Director of Commercial Regulations and Standards (CG-5PS), 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.
    (ii) The Director of Inspections and Compliance (CG-5PC), under the
general direction and supervision of the Assistant Commandant for
Prevention Policy (CG-5P), 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 Commercial Vessel Compliance (CG-CVC), at
Headquarters, under the direction of the Assistant Commandant for
Prevention Policy (CG-5P) and the Director of Inspections and Compliance
(CG-5PC), 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, commercial fishing vessel examination program, and
foreign vessel boarding

[[Page 8]]

program for the enforcement of commercial vessel material and
operational safety standards; and supervises the administration of the
manning of U.S. vessels and credentialing of U.S. mariners.
    (B) The Chief, Office of Environmental Response Policy (CG-MER), at
Headquarters, under the Direction of the Deputy for Operations Policy
and Capabilities (CG-DCO-D) and the Assistant Commandant for Response
Policy (CG-5R), 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 (CG-INV), at
Headquarters, under the direction of the Assistant Commandant for
Prevention Policy (CG-5P) and the Director of Inspections and Compliance
(CG-5PC), 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 credentials 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 Director of Prevention Policy (CG-
5P), and subject to the policy and guidance of the Office of Vessel
Activities (CG-CVC), administers the mariner credentialing program;
evaluates merchant mariners for suitability for service; issues merchant
mariner credentials; evaluates and conducts oversight of approved
courses; and exercises operational and administrative control over the
NMC detachments.
    (iii) The Director of Operations Resource Management (CG-DCO-R),
under the general direction and supervision of the Deputy Commandant for
Operations (CG-DCO), 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 Judge Advocate General and Chief Counsel of the Coast Guard
(CG-094), under the general direction of and in coordination with the
General Counsel, Department of Homeland Security, is the senior legal
advisor to the Commandant, Vice Commandant, and senior staff officers.
The Judge Advocate General advises on all cases and controversies
arising under the various authorities of the Coast Guard involving
alleged violations of international, maritime, navigation, and vessel
inspection laws, or regulations prescribed there under and published in
this chapter or in 33 CFR chapter I, and reviews appeals to the
Commandant from actions derived from these authorities. On completion of
such a review, the Judge Advocate General 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]

    Editorial Note: For Federal Register citations affecting Sec. 1.01-
10, see the List of CFR Sections Affected, which appears in the Finding
Aids section of the printed volume and at www.fdsys.gov.



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

[[Page 9]]

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 credentialing, shipment and discharge of seamen;
the investigation and institution of proceedings looking to suspension
and revocation under 46 U.S.C. chapter 77 of credentials 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 (CG-BSX-2), in the District Offices.
    (2) Unless otherwise provided for, the Chiefs, Boating Safety
Division (CG-BSX-2), 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 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;
credentialing 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 credentials issued by the Coast Guard; initiations of
actions seeking suspension or revocation under 46 U.S.C. chapter 77 of
credentials 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 NMC detachment, the Suspension and
Revocation National Center of Expertise, or cognizant OCMI potential
violations of law, negligence, misconduct, unskillfulness, incompetence
or misbehavior of persons holding merchant mariner's

[[Page 10]]

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, subject to the policy and guidance of the
Office of Vessel Activities (CG-CVC), 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 NMC detachments. Applicants may contact
the National Maritime Center at 100 Forbes Drive, Martinsburg, West
Virginia 25404, or by telephone at 1-888-I-ASK-NMC (1-888-427-5662). A
list of NMC detachment 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]

    Editorial Note: For Federal Register citations affecting Sec. 1.01-
15, see the List of CFR Sections Affected, which appears in the Finding
Aids section of the printed volume and at www.fdsys.gov.



Sec. 1.01-20  Suspension and revocation proceedings.

    (a) The Commandant takes final agency action on each proceeding
concerned with revocation.
    (b) The Commandant has delegated authority to the Vice Commandant in
33 CFR 1.01-40 to take final agency action under subparts I, J, and K of
part 5 of this chapter on each proceeding except on a petition or appeal
in a case on which an order of revocation has been issued.
    (c) The Commandant assigns to his staff a Chief Administrative Law
Judge who is an Administrative Law Judge appointed under 5 U.S.C. 3105
and whose assignment is to:
    (1) Act as adviser and special assistant to the Commandant on
matters concerning the administration of hearings conducted under 46
U.S.C. chapter 77;
    (2) Conduct hearings under 46 U.S.C. chapter 77;
    (3) Train new Administrative Law Judges assigned to conduct hearings
under 46 U.S.C. chapter 77;
    (4) Review the written decisions and orders of each Administrative
Law Judge assigned to conduct a hearing under 46 U.S.C. chapter 77; and
    (5) Act as adviser to the Chief Counsel in preparation of the final
action of proceedings conducted under subparts I, J, and K of part 5 of
this chapter.
    (d) The Chief Counsel of the Coast Guard, under the general
direction and supervision of the Commandant, U.S. Coast Guard:
    (1) Acts as an adviser and as a special assistant to the Commandant
in matters of law; and
    (2) Prepares for the consideration of the Commandant or the Vice
Commandant, as appropriate, proposed decisions on cases on appeal or
review in suspension and revocation proceedings.



Sec. 1.01-25  General flow of functions.

    (a) The Officer in Charge, Marine Inspection, has final authority
with respect to the functions described in Sec. 1.01-15(b) of this
subpart, subject to the rights of appeal set forth in subpart 1.03 of
this part.
    (b)(1) The general course and method by which the functions (other
than those dealing with suspension and revocation of credentials
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

[[Page 11]]

Safety and Environmental Protection at Headquarters.
    (c) In proceedings involving the suspension or revocation of a Coast
Guard credential 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 issuance of a complaint against the holder of the Coast
Guard credential. A Coast Guard Investigating Officer, as defined in 46
CFR 5.15, causes the complaint to be served on the person described
therein (respondent) who is a holder of a Coast Guard credential. At a
hearing the Coast Guard submits evidence to support the allegations of
the complaint, while the respondent 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 respondent.
    (i) In a case where an appeal is made by either party (Coast Guard
or respondent), the notice of appeal is filed in accordance with the
procedures of 33 CFR 20.1001(a).
    (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, 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; USCG-
2006-24371, 74 FR 11214, Mar. 16, 2009; USCG-2009-0314, 74 FR 30937,
June 29, 2009]



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.

[[Page 12]]



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.
    (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 (CG-CVC) for appeals involving vessel inspection
issues, load line issues, and vessel manning issues;
    (2) Commandant (CG-5PS) for appeals involving vessel plan review or
tonnage measurement issues;
    (3) Commandant (CG-54) 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-5PC), Attn: Director of Inspections and
Compliance, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr.
Avenue SE., Washington, DC 20593-7501, 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 (CG-ENG), for appeals involving the recognition of a
classification society; or
    (5) Commandant (CG-5PW) 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 Deputy for
Operations Policy and Capabilities (CG-DCO-D), or by an office chief
pursuant

[[Page 13]]

to authority delegated by the Commandant is final agency action on the
appeal.

[CGD 88-033, 54 FR 50376, Dec. 6, 1989]

    Editorial Note: For Federal Register citations affecting Sec. 1.03-
15, see the List of CFR Sections Affected, which appears in the Finding
Aids section of the printed volume and at www.fdsys.gov.



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 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

[[Page 14]]

by the NMC, make a formal appeal of that decision or action to the
Director of Inspections and Compliance (CG-5PC), in accordance with the
procedures contained in Sec. 1.03-15 of this subpart. The decision of
the Director of Inspections and Compliance (CG-5PC), 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; USCG-2008-0906, 73 FR 56507, Sept. 29,
2008; USCG-2013-0671, 78 FR 60144, Sept. 30, 2013; USCG-2004-17914, 78
FR 77882, Dec. 24, 2013]

    Editorial Note: At 77 FR 59772, Oct. 1, 2012, Sec. 1.03-40 was
amended; however, the amendment could not be incorporated due to
inaccurate amendatory instruction.



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
Inspections and Compliance (CG-5PC), in accordance with the procedures
contained in Sec. 1.03-15 of this subpart. The decision of the Director
of Inspections and Compliance (CG-5PC), on such an appeal will
constitute final agency action.

[USCG-2006-25535, 72 FR 7930, Feb. 22, 2007, as amended by USCG-2008-
0906, 73 FR 56507, Sept. 29, 2008; USCG-2013-0671, 78 FR 60144, Sept.
30, 2013]



Sec. 1.03-50  Appeals from decisions or actions of the Great Lakes
Pilotage Division (CG-WWM-2).

    Any person directly affected by a decision or action of the Great
Lakes Pilotage Division (CG-WWM-2), may make a formal appeal of that
decision or action to Commandant (CG-5P), in accordance with the
procedures contained in Sec. 1.03-15 of this subpart.

[USCG 2003-15137, 68 FR 37093, June 23, 2003, as amended by USCG-2008-
0906, 73 FR 56507, Sept. 29, 2008; USCG-2013-0671, 78 FR 60144, Sept.
30, 2013]



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_Classification Society Activities

2.45-1 Definitions.
2.45-5 Incorporation by reference.
2.45-10 General.
2.45-15 Approval requirements.

[[Page 15]]

2.45-20 Probation, suspension, and revocation.
2.45-25 Application for approval.
2.45-30 Penalties.

                         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: Sec. 622, Pub. L. 111-281; 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.

    Effective Date Note: By USCG-2012-0919, 79 FR 53630, Sept. 10, 2014,
the authority citation to part 2 was revised, effective Oct. 10, 2014.
For the convenience of the user, the revised text is set forth as
follows:
    Authority: Sec. 622, Pub. L. 111-281; 33 U.S.C. 1903; 43 U.S.C.
1333; 46 U.S.C. 2103, 2110, 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277, Sec. 1-105; Department of Homeland Security
Delegation No. 0170.1(II)(77), (90), (92)(a), (92)(b).

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

    Editorial Note: Nomenclature changes to part 2 appear by USCG-2009-
0702, 74 FR 49223, Sept. 25, 2009, and USCG-2013-0671, 78 FR 60144,
Sept. 30, 2013.



          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.
    (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.

[[Page 16]]

    (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 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, an amended certificate may be issued at the
discretion of the Officer in Charge, Marine Inspection, to whom a
request is made.

[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;
USCG-2010-0759, 75 FR 60000, Sept. 29, 2010]



Sec. 2.01-6  Certificates issued to foreign vessels.

    (a) Issuance of a Certificate of Compliance (COC). Foreign vessels
of countries which are signatory to the International Convention for the
Safety of Life at Sea, 1974, are issued a Certificate of Compliance (CG-
3585) upon satisfactory completion of a compliance examination by the
Officer in Charge, Marine Inspection:
    (1) A foreign passenger vessel that is registered in a country which
is signatory to the International Convention for the Safety of Life at
Sea, 1974, visits U.S. ports with U.S. citizens as passengers or embarks
passengers in U.S. ports, and holds a valid Passenger Ship Safety
Certificate;
    (2) A foreign vessel that is suitable for carriage of hazardous
cargoes in bulk as defined in 46 CFR subchapter 0 and is in compliance
with Tankship Cargo Venting and Handling Systems and Minimum Pollution
Prevention Regulations and Transfer Procedures (33 CFR parts 155, 156,
157, and 159), and

[[Page 17]]

Navigation Safety Inspection Regulations (33 CFR part 164);
    (3) A foreign Mobile Offshore Drilling Unit that complies with
standards listed in 33 CFR 143.207 and is engaged in U.S. Outer
Continental Shelf activities;
    (4) A foreign vessel that is suitable for carriage of cargoes as
defined in 46 CFR 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).
    (b) Foreign vessels of countries which are non-signatory 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), respectively, as described in Sec. 2.01-5. Any
amendments to these certificates shall be accomplished in accordance
with Sec. 2.01-5(c).
    (c) Description of COC. CG-3585 describes the vessel's particulars,
type of vessel examined, type of certificate(s) required by the
International Convention for Safety of Life at Sea, 1974, the period of
validity, subsequent exams required to maintain the certificates
validity, the Officer in Charge, Marine Inspection zone where the exam
was completed in and if there are any deficiencies as to applicable
regulations at the time the vessel was examined. If there are
deficiencies issued, they are listed in the examination record section
of the COC.

[USCG-2010-0759, 75 FR 60000, Sept. 29, 2010]



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 18]]



                                                                     Table 2.01-7(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Vessels inspected
                                                      and certificated
                                                      under Subchapter    Vessels inspected  Vessels subject to   Vessels subject to  Vessels subject to
                                  Vessels inspected     H--Passenger      and certificated    the provisions of   the provisions of    the provisions of
Method of propulsion, qualified   and certificated     Vessels \2\ \3\    under Subchapter     Subchapter C--       Subchapter U--      Subchapter O--
by size or other limitation \1\   under Subchapter       \4\ \5\ or         I--Cargo and         Uninspected        Oceanographic      Certain Bulk and
                                   D--Tank Vessels   Subchapter K or T--    Miscellaneous     Vessels. \2\ \3\   Vessels \2\ \3\ \6\   Dangerous Cargoes
                                         \2\           Small Passenger     Vessels \2\ \5\       \6\ \7\ \8\           \7\ \9\               \10\
                                                       Vessels \2\ \3\
                                                             \4\
Column 1                         Column 2..........  Column 3..........  Column 4..........  Column 5..........  Column 6...........  Column 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Motor, all vessels except    All vessels         (i) All vessels     All vessels 15 gross     covered by                               carrying cargoes
 eq>=300 gross tons.              combustible or      than 12             tons carrying       columns 2, 3, 4,                         in bulk that are
                                  flammable liquid    passengers on an    freight-for-hire,   and 6.                                   listed in part
                                  cargo in bulk.\5\   international       except those                                                 153, table 1, or
                                                      voyage, except      covered by                                                   part 154, table
                                                      recreational        columns 2 and 3.                                             4, or unlisted
                                                      vessels not         All vessels                                                  cargoes that
                                                      engaged in          carrying                                                     would otherwise
                                                      trade.\7\           dangerous                                                    be subject to
                                                     (ii) All vessels     cargoes, when                                                these parts.\12\
                                                      <100 gross tons     required by 46
                                                      that_.              CFR part 98.
                                                     (A) Carry more
                                                      than 6 passengers-
                                                      for-hire whether
                                                      chartered or not,
                                                      or
                                                     (B) Carry more
                                                      than 6 passengers
                                                      when chartered
                                                      with the crew
                                                      provided, or
                                                     (C) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry more
                                                      than 6 passengers
                                                      and are ferries.
                                                     (iii) All vessels
                                                      =100
                                                      gross tons that_
                                                     (A) Carry more
                                                      than 12
                                                      passengers-for-
                                                      hire whether
                                                      chartered or not,
                                                      or
                                                     (B) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with
                                                      the crew
                                                      provided, or
                                                     (C) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry at least
                                                      1 passenger and
                                                      are ferries.
                                                     (iv) These
                                                      regulations do
                                                      not apply to_
                                                     (A) Recreational
                                                      vessels not
                                                      engaged in trade.

[[Page 19]]


                                                     (B) Documented
                                                      cargo or tank
                                                      vessels issued a
                                                      permit to carry
                                                      16 or fewer
                                                      persons in
                                                      addition to the
                                                      crew.
                                                     (C) Fishing
                                                      vessels not
                                                      engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate
                                                      business of the
                                                      vessel \6\ in
                                                      addition to the
                                                      crew, as
                                                      restricted by the
                                                      definition of
                                                      passenger.\7\
(2) Motor, seagoing motor        All vessels         (i) All vessels     All vessels,        All vessels not     All vessels engaged  All vessels
 vessels =300 gross    carrying            carrying more       including           covered by          in oceanographic     carrying cargoes
 tons.                            combustible or      than 12             recreational        columns 2, 3, 4,    research.            in bulk that are
                                  flammable liquid    passengers on an    vessels, not        6, and 7.                                listed in part
                                  cargo in bulk.\5\   international       engaged in trade.                                            153, table 1, or
                                                      voyage, except      This does not                                                part 154, table
                                                      recreational        include vessels                                              4, or unlisted
                                                      vessels not         covered by                                                   cargoes that
                                                      engaged in          columns 2 and 3,                                             would otherwise
                                                      trade.\7\           and vessels                                                  be subject to
                                                                          engaged in the                                               these parts.\12\
                                                                          fishing industry.
                                                     (ii) All ferries
                                                      <100 gross tons
                                                      carrying more
                                                      than 6 passengers
                                                      and all ferries
                                                      =100
                                                      gross tons that
                                                      carry at least 1
                                                      passenger.
                                                     (iii) These
                                                      regulations do
                                                      not apply to_
                                                     (A) Recreational
                                                      vessels not
                                                      engaged in trade.
                                                     (B) Documented
                                                      cargo or tank
                                                      vessels issued a
                                                      permit to carry
                                                      16 or fewer
                                                      persons in
                                                      addition to the
                                                      crew.
                                                     (C) Fishing
                                                      vessels not
                                                      engaged in ocean
                                                      or coastwise
                                                      service may carry
                                                      persons on the
                                                      legitimate
                                                      business of the
                                                      vessel\6\ in
                                                      addition to the
                                                      crew, as
                                                      restricted by the
                                                      definition of
                                                      passenger.\7\
(3) Non-self-propelled vessels   All vessels         (i) All vessels     All manned barges   All barges          None...............  All tank barges
 <100 gross tons.                 carrying            that_               except those        carrying                                 carrying cargoes
                                  combustible or     (A) Carry more       covered by          passengers or                            listed in Table
                                  flammable liquid    than 6 passengers-  columns 2 and 3.    passengers-for-                          151.05 of this
                                  cargo in bulk.\5\   for-hire whether                        hire except those                        chapter or
                                                      chartered or not,                       covered by column                        unlisted cargoes
                                                      or.                                     3.                                       that would
                                                     (B) Carry more                                                                    otherwise be
                                                      than 6 passengers                                                                subject to part
                                                      when chartered                                                                   151.\1\ \11\ \12\
                                                      with the crew
                                                      provided, or.
                                                     (C) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with no
                                                      crew provided, or.

[[Page 20]]


                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and is a
                                                      submersible
                                                      vessel.\7\
                                                     (E) Carry more
                                                      than 12
                                                      passengers on an
                                                      international
                                                      voyage.
                                                     (F) Carry more
                                                      than 6 passengers
                                                      and are ferries.
(4) Non-self-propelled vessels   All vessels         (iii) All vessels   All seagoing        All barges          All seagoing barges  All tank barges
 =100 gross tons.      carrying            that_               barges except a     carrying            engaged in           carrying cargoes
                                  combustible or     (A) Carry more       seagoing barge      passengers or       oceanographic        listed in Table
                                  flammable liquid    than 12             that is covered     passengers-for-     research.            151.05 of this
                                  cargo in bulk.\5\   passengers-for-     by column 2 or 3,   hire except those                        chapter or
                                                      hire whether        or that is          covered by                               unlisted cargoes
                                                      chartered or not,   unmanned for the    columns 3 and 6.                         that would
                                                      or.                 purposes of                                                  otherwise be
                                                     (B) Carry more       operating or                                                 subject to part
                                                      than 12             navigating the                                               151.\1\ \11\ \12\
                                                      passengers when     barge, and that
                                                      chartered with      carries neither a
                                                      the crew            hazardous
                                                      provided, or.       material as cargo
                                                     (C) Carry more       nor a flammable
                                                      than 12             or combustible
                                                      passengers when     liquid, including
                                                      chartered with no   oil, in bulk
                                                      crew provided, or.  quantities of 250
                                                     (D) Carry at least   barrels or more.
                                                      1 passenger-for-
                                                      hire and is a
                                                      submersible
                                                      vessel.\7\.
                                                     (E) Carry more
                                                      than 12
                                                      passengers on an
                                                      international
                                                      voyage.
                                                        (F) Carry at
                                                         least 1
                                                         passenger and
                                                         are ferries.
(5) Sail \13\ vessels <=700      All vessels         (i) All vessels     All vessels         All vessels not     None...............  All vessels
 gross tons.                      carrying            carrying more       carrying            covered by                               carrying cargoes
                                  combustible or      than 12             dangerous           columns 2, 3, 4,                         in bulk that are
                                  flammable liquid    passengers on an    cargoes, when       and 6.                                   listed in part
                                  cargo in bulk.\5\   international       required by 46                                               153, table 1, or
                                                      voyage, except      CFR part 98.                                                 part 154, table
                                                      recreational                                                                     4, or unlisted
                                                      vessels not                                                                      cargoes that
                                                      engaged in                                                                       would otherwise
                                                      trade.\7\                                                                        be subject to
                                                                                                                                       these parts.\12\
                                                     (ii) All vessels
                                                      <100 gross tons
                                                      that_
                                                     (A) Carry more
                                                      than 6 passengers-
                                                      for-hire whether
                                                      chartered or not,
                                                      or
                                                     (B) Carry more
                                                      than 6 passengers
                                                      when chartered
                                                      with the crew
                                                      provided, or

[[Page 21]]


                                                     (C) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry more
                                                      than 6 passengers
                                                      and are ferries.
                                                     (iii) All vessels
                                                      =100
                                                      gross tons that_
                                                     (A) Carry more
                                                      than 12
                                                      passengers-for-
                                                      hire whether
                                                      chartered or not,
                                                      or
                                                     (B) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with
                                                      the crew
                                                      provided, or
                                                     (C) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry at least
                                                      1 passenger and
                                                      are ferries.
                                                     (iv) These
                                                      regulations do
                                                      not apply to_
                                                     (A) Recreational
                                                      vehicles not
                                                      engaged in trade.
                                                     (B) Documented
                                                      cargo or tank
                                                      vessels issued a
                                                      permit to carry
                                                      16 or fewer
                                                      persons in
                                                      addition to the
                                                      crew.
                                                     (C) Fishing
                                                      vessels, not
                                                      engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate
                                                      business of the
                                                      vessel\6\ in
                                                      addition to the
                                                      crew, as
                                                      restricted by the
                                                      definition of
                                                      passenger.\7\
(6) Sail\13\ vessels 700 gross tons.               carrying            carrying            carrying                                                     carrying cargoes
                                  combustible or      passengers or       dangerous                                                    in bulk that are
                                  flammable liquid    passengers-for-     cargoes, when                                                listed in part
                                  cargo in bulk.\5\   hire, except        required by 46                                               153, Table 1, or
                                                      recreational        CFR part 98.                                                 part 154, Table
                                                      vessels.\7\                                                                      4, or unlisted
                                                     (ii) All ferries                                                                  cargoes that
                                                      that carry at                                                                    would otherwise
                                                      least 1 passenger.                                                               be subject to
                                                                                                                                       these parts.\12\

[[Page 22]]


(7) Steam, vessels <=19.8        All vessels         (i) All vessels     All tugboats and    All vessels not     None...............  All vessels
 meters (65 feet) in length.      carrying            carrying more       towboats. All       covered by                               carrying cargoes
                                  combustible or      than 12             vessels carrying    columns 2, 3, 4,                         in bulk that are
                                  flammable liquid    passengers on an    dangerous           and 6.                                   listed in part
                                  cargo in bulk.\5\   international       cargoes, when                                                153, table 1, or
                                                      voyage, except      required by 46                                               part 154, table
                                                      recreational        CFR part 98.                                                 4, or unlisted
                                                      vessels not                                                                      cargoes that
                                                      engaged in                                                                       would otherwise
                                                      trade.\7\                                                                        be subject to
                                                                                                                                       these parts.\12\
                                                     (ii) All vessels
                                                      <100 gross tons
                                                      that-
                                                     (A) Carry more
                                                      than 6 passengers-
                                                      for-hire whether
                                                      chartered or not,
                                                      or
                                                     (B) Carry more
                                                      than 6 passengers
                                                      when chartered
                                                      with the crew
                                                      provided, or
                                                     (C) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry more
                                                      than 6 passengers
                                                      and are ferries.
                                                     (iii) All vessels
                                                      =100
                                                      gross tons that-
                                                     (A) Carry more
                                                      than 12
                                                      passengers-for-
                                                      hire whether
                                                      chartered or not,
                                                      or
                                                     (B) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with
                                                      the crew
                                                      provided, or
                                                     (C) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry at least
                                                      1 passenger and
                                                      are ferries.
                                                     (iv) These
                                                      regulations do
                                                      not apply to_

[[Page 23]]


                                                     (A) Recreational
                                                      vessels not
                                                      engaged in trade.
                                                     (B) Documented
                                                      cargo or tank
                                                      vessels issued a
                                                      permit to carry
                                                      16 or fewer
                                                      persons in
                                                      addition to the
                                                      crew.
                                                     (C) Fishing
                                                      vessels not
                                                      engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate
                                                      business of the
                                                      vessel \6\ in
                                                      addition to the
                                                      crew, as
                                                      restricted by the
                                                      definition of
                                                      passenger.\7\
(8) Steam, vessels 19.8 meters (65 feet) in      carrying            carrying more       covered by                              in oceanographic     carrying cargoes
 length.                          combustible or      than 12             columns 2, 3, 6,                        research.            in bulk that are
                                  flammable liquid    passengers on an    and 7.                                                       listed in part
                                  cargo in bulk.\5\   international                                                                    153, Table 1, or
                                                      voyage, except                                                                   part 154, Table
                                                      recreational                                                                     4, or unlisted
                                                      vessels not                                                                      cargoes that
                                                      engaged in                                                                       would otherwise
                                                      trade.\7\                                                                        be subject to
                                                                                                                                       these parts.\12\
                                                     (ii) All vessels
                                                      <100 gross tons
                                                      that_
                                                     (A) Carry more
                                                      than 6 passengers-
                                                      for-hire whether
                                                      chartered or not,
                                                      or
                                                     (B) Carry more
                                                      than 6 passengers
                                                      when chartered
                                                      with the crew
                                                      provided, or
                                                     (C) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry more
                                                      than 6 passengers
                                                      and are ferries.
                                                     (iii) All vessels
                                                      =100
                                                      gross tons that_
                                                     (A) Carry more
                                                      than 12
                                                      passengers-for-
                                                      hire whether
                                                      chartered or not,
                                                      or
                                                     (B) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with
                                                      the crew
                                                      provided, or
                                                     (C) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with no
                                                      crew provided, or

[[Page 24]]


                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry at least
                                                      1 passenger and
                                                      are ferries.
                                                     (iv) These
                                                      regulations do
                                                      not apply to_
                                                     (A) Recreational
                                                      vehicles not
                                                      engaged in trade.
                                                     (B) Documented
                                                      cargo or tank
                                                      vessels issued a
                                                      permit to carry
                                                      16 or fewer
                                                      persons in
                                                      addition to the
                                                      crew.
                                                     (C) Fishing
                                                      vessels not
                                                      engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate
                                                      business of the
                                                      vessel\6\ in
                                                      addition to the
                                                      crew, as
                                                      restricted by the
                                                      definition of
                                                      passenger.\7\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key to symbols used in this table: <=means less than or equal to; means greater than; =means greater than or
  equal to.
Footnotes:
\1\ Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight
  line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.
\2\ Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W
  (Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171 through
  179 apply whenever packaged hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.
\3\ Public nautical schoolships, other than vessels of the Navy and Coast Guard, must meet the requirements of part 167 of subchapter R (Nautical
  Schools) of this chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, must meet the requirements of subchapter H (Passenger Vessels)
  and part 168 of subchapter R (Nautical Schools) of this chapter.
\4\ Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this
  chapter covers only those vessels of less than 100 gross tons, and subchapter K (Small Passenger Vessels) of this chapter covers only those vessels
  less than 100 gross tons carrying more than 150 passengers or overnight accommodations for more than 49 passengers.
\5\ Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of
  the vessel is not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in
  bulk. The portion of the vessel used for the carriage of the flammable or combustible liquid cargo must meet the requirements of subchapter D (Tank
  Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.
\6\ Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).
\7\ The terms ``passenger(s)'' and ``passenger(s)-for-hire'' are as defined in 46 U.S.C. 2101(21)(21a). On oceanographic vessels, scientific personnel
  onboard shall not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., must be counted as persons.
\8\ Boilers and machinery are subject to examination on vessels over 40 feet in length.
\9\ Under 46 U.S.C. 441 an oceanographic research vessel ``. . . being employed exclusively in instruction in oceanography or limnology, or both, or
  exclusively in oceanographic research, . . .. Under 46 U.S.C. 443, ``an oceanographic research vessel shall not be deemed to be engaged in trade or
  commerce.'' If or when an oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an
  oceanographic vessel, but shall be inspected and certified for the service in which engaged, and the scientific personnel aboard then become persons
  employed in the business of the vessel.
\10\ Bulk dangerous cargoes are cargoes specified in table 151.01-10(b); in table 1 of part 153, and in table 4 of part 154 of this chapter.
\11\ For manned tankbarges, see Sec. 151.01-10(c) of this chapter.
\12\ See Sec. 151.01-15, 153.900(d), or 154.30 of this chapter as appropriate.
\13\ Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.


[[Page 25]]

    (b) The specific application of regulations concerning inspecting
and certificating vessels is set forth in the specific subchapter
governing a particular class of vessels.
    (1) For passenger vessels see part 70 of subchapter H (Passenger
Vessels) of this chapter.
    (2) For cargo and miscellaneous vessels see part 90 of subchapter I
(Cargo and Miscellaneous Vessels) of this chapter.
    (3) For tank vessels see part 30 of subchapter D (Tank Vessels) of
this chapter.
    (4) For small passenger vessels see part 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]

    Editorial Note: For Federal Register citations affecting Sec. 2.01-
7, see the List of CFR Sections Affected, which appears in the Finding
Aids section of the printed volume and at www.fdsys.gov.

    Effective Date Note: By USCG-2012-0919, 79 FR 53630, Sept. 10, 2014,
Sec. 2.01-7 was amended by removing the phrase ``carrying passengers or
passengers-for-hire'' from Table 2.01-7(a), column 5, rows 3 and 4, and
removing the phrase ``None'' from column 5, row 6, adding in its place
the phrase ``All vessels not covered by columns 2, 3, 4, and 6'',
effective Oct. 10, 2014.



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

[[Page 26]]

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 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

[[Page 27]]

(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]



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.
    (ix) High-Speed Craft Safety 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).
    (ix) High-Speed Craft Safety Certificate
    (3) When authorized by the Commandant, U.S. Coast Guard, an
authorized classification society may issue international convention
certificates as permitted under part 8, subpart C, of this title.
    (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), subchapter T

[[Page 28]]

(Small Passenger Vessels), and subchapter U (Oceanographic Research
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.)
    (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]

    Editorial Note: For Federal Register citations affecting Sec. 2.01-
25, see the List of CFR Sections Affected, which appears in the Finding
Aids section of the printed volume and at www.fdsys.gov.



Sec. 2.01-30  Delegation of OCMI signature authority.

    The Officer in Charge, Marine Inspection, may redelegate signature
authority for documents issued under this subpart to: one individual on
his or her staff; and each Marine Safety Unit Commanding Officer within
his or her Sector.

[USCG-2009-0702, 74 FR 49223, Sept. 25, 2009]



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

[[Page 29]]

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.
    (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 (CG-54) 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]

[[Page 30]]



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 inspection and examination fees for all
owners or operators requesting certification, including those for
vessels that are required to have a Certificate of Inspection and those
required to have a Certificate of Compliance.
    (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; USCG-2010-0759, 75 FR 60001, Sept. 29, 2010; USCG-
2013-0671, 78 FR 60144, Sept. 30, 2013]



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. The Officer in Charge, Marine Inspection will
endorse and forward the request to Commandant (CG-DCO-83) for decision.

[CGD 96-067, 62 FR 19232, Apr. 21, 1997, as amended by CDG 96-067, 63 FR
59474, Nov. 4, 1998; USCG-2010-0759, 75 FR 60001, Sept. 29, 2010]



Sec. 2.10-10  Waivers.

    The Commandant (CG-DCO-83) 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 (CG-DCO-83) 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; USCG-
2010-0759, 75 FR 60001, Sept. 29, 2010]

[[Page 31]]



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. Payment may also be made by credit card or wire transfer.
    (c) All payments must be accompanied by the vessel name and its
vessel identification number.
    (d) Unless otherwise specified or if payment is made through
www.pay.gov, fees required by this subpart must be submitted using one
of the following methods:
    (1) For COI and COC Inspections:
    (i) For payment by credit card, online through www.pay.gov, or U.S.
Coast Guard Finance Center (OGR), 1430A Kristina Way, Chesapeake, VA
23326.
    (ii) For payment by check, made payable to U.S. Treasury, with
delivery by postal service, USCG Inspection Fees, P.O. Box 531030,
Atlanta, GA 30353-1030.
    (iii) For payment by check, made payable to U.S. Treasury, with
delivery by overnight courier, USCG Vessel Inspection Fees, Bank of
America, Lockbox Number 531030 (COI), 1075 Loop Road, Atlanta, GA 30337-
6002.
    (2) For Overseas Inspection Fees:
    (i) For payment by credit card, U.S. Coast Guard Finance Center
(OGR), 1430A Kristina Way, Chesapeake, VA 23326.
    (ii) For payment by check, made payable to U.S. Treasury, with
delivery by postal service, USCG User Fees, P.O. Box 531769, Atlanta, GA
30353-1769.
    (iii) For payment by check, made payable to U.S. Treasury, with
delivery by overnight courier, USCG User Fees, Bank of America, Lockbox
Number 531769 (USF), 1075 Loop Road, Atlanta, GA 30337-6002.
    (e) For purposes of this subpart, the address for Commandant (CG-
DCO-83), Attn: Office of Budget Execution, U.S. Coast Guard Stop 7318,
2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7318.
    (f) Information concerning a vessel's user fee anniversary date may
be obtained from any Coast Guard Coast Guard Sector, Officer in Charge,
Marine Inspection, or Marine Safety Detachment.

[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-
2010-0759, 75 FR 60001, Sept. 29, 2010; USCG-2011-0618, 76 FR 60753,
Sept. 30, 2011; USCG-2012-0832, 77 FR 59773, Oct. 1, 2012]



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 is used on a regular schedule--
    (1) To provide transportation only between places that are not more
than 300 miles apart; and
    (2) To transport only--
    (i) Passengers; or
    (ii) Vehicles, or railroad cars, that are being used, or have been
used, in transporting passengers or goods.
    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

[[Page 32]]

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 gross tons; 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;
    (3) That is a submersible vessel carrying at least one passenger for
hire; or
    (4) That is a ferry carrying a passenger.
    Political subdivision means a county, district, parish, township,
city or similar governmental entity established within a State.
    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 1 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;
    (4) That is a submersible vessel carrying at least one passenger for
hire; or
    (5) That is a ferry carrying more than 6 passengers.
    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

[[Page 33]]

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; USCG-2008-1107; 74 FR 63628, Dec. 4,
2009; USCG-2012-0208, 79 FR 48924, Aug. 18, 2014]



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.
    (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 (annual and periodic
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

[[Page 34]]


    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:
  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;
USCG-2010-0759, 75 FR 60001, Sept. 29, 2010]



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
(CG-DCO-83) specifying the vessel identification number and the period
for which prepayment is to be made.
    (c) The total of the annual fees for the requested prepayment period
will be discounted to its net present value using the following formula:
[GRAPHIC] [TIFF OMITTED] TR13MR95.000

Where:

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

    (d) When the annual vessel inspection fee has been prepaid, the
entitlement to inspection services for the prepayment period attaches to
the vessel and remains with the vessel if it is sold. The entitlement to
inspection services may not be transferred to any other vessel.
    (e) If a vessel is removed from Coast Guard certification and the
vessel owner surrenders the vessel's Certificate of Inspection, the
owner may request a refund of the remaining prepayment amount. The
annual vessel inspection fee will not be refunded for the year in which
the Certificate of Inspection is surrendered. The request for refund
must be submitted to the Officer in Charge, Marine Inspection to whom
the Certificate of Inspection is surrendered. The Officer in Charge,
Marine Inspection will endorse and forward the request to Commandant
(CG-DCO-83) for decision.

[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; USCG-2010-0759, 75 FR 60001, Sept.
29, 2010]



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 (CG-DCO-83) will recalculate the
prepayment

[[Page 35]]

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 ; USCG-2010-0759, 75 FR 60000,
Sept. 29, 2010]



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
be received before an overseas inspection or examination is conducted.

[CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by USCG-2013-0671,
78 FR 60144, Sept. 30, 2013]



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 Certificate of Compliance
under Sec. 2.01-6(a)(2)(i) of this part, or examination for the annual
endorsement to a Certificate 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.

[CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by USCG-2010-0759,
75 FR 60001, Sept. 29, 2010]



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 Certificate 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 Certificate 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.

[CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by USCG-2010-0759,
75 FR 60001, Sept. 29, 2010]



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.

[[Page 36]]

    (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:
    (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_Classification Society Activities

    Source: 77 FR 47551, Aug. 9, 2012, unless otherwise noted.



Sec. 2.45-1  Definitions.

    The following definitions apply to this subpart:
    Administration means the Government of the State whose flag the ship
is entitled to fly.
    Classification society means an organization that, at a minimum,
verifies that a vessel meets requirements embodying the technical rules,
regulations, standards, guidelines and associated surveys, and
inspections covering the design, construction, and/or through life
compliance of a ship's structure and essential engineering and
electrical systems.
    Recognized Organization (RO) means an organization authorized to act
on behalf of an Administration.
    Regional port state control secretariat means an organization
established to collect and maintain port state control inspection data
in addition to other functions under a regional agreement among
countries.



Sec. 2.45-5  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 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
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. Also, it is available for inspection at
the Coast Guard Headquarters. Contact Commandant (CG-ENG), Attn: Office
of Design and Engineering Systems, U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509, and is
available from the sources indicated in this section.
    (b) International Maritime Organization, 4 Albert Embankment, London
SE1 7SR, U.K. +44 (0)20 7735 7611, http://www.imo.org/.
    (1) IMO Resolution A.739(18), Guidelines for the Authorization of
Organizations Acting on Behalf of the Administration, adopted 4 November
1993, incorporation by reference approved for Sec. 2.45-15.
    (2) [Reserved]



Sec. 2.45-10  General.

    (a) A classification society (including an employee or agent of that
society) must not review, examine, survey, or certify the construction,
repair, or alteration of a vessel in the United States unless it is
approved under the provisions of this subpart.

[[Page 37]]

    (b) This subpart applies to a recognized organization that meets the
definition of a classification society provided in Sec. 2.45-1 of this
subpart.



Sec. 2.45-15  Approval requirements.

    (a) A classification society may be approved for purpose of Sec.
2.45-10 if the following conditions are met:
    (1) Vessels surveyed by the classification society must have a
worldwide port state control detention rate of less than 2 percent based
on the number of Recognized Organization (RO)-related detentions divided
by the number of vessel inspections for at least 40 port state control
inspections for the past 3 years;
    (2) The classification society must not be identified in the most
recent publication of ``Port State Control in the United States'' as a
Priority I and as having more than one RO-related detention for the past
3 years;
    (3) The classification society must comply with the minimum
standards for an RO recommended in IMO Resolution A.739(18), Appendix 1
(incorporated by reference, see Sec. 2.45-5.);
    (4) The classification society must be an RO for at least one
country under a formal written agreement that includes all of the
elements described in IMO Resolution A.739(18), Appendix 2 (incorporated
by reference, see Sec. 2.45-5.);
    (5) The referenced country that is cited for satisfaction of the
requirement of paragraph (a)(4) of this section for which the
classification society is an RO--
    (i) Must be signatory to each of the following: The International
Safety of Life at Sea Convention (SOLAS), the International Convention
on the Prevention of Pollution from Ships (MARPOL 73/78), the
International Convention on Load Lines (ICLL), 1966, and the Protocol of
1988 relating to the ICLL, 1966; and
    (ii) Must not be identified as a flag state targeted for additional
port state control action by the Coast Guard or any regional port state
control secretariat.
    (6) The classification society must use a system to--
    (i) Make its safety records and those of persons acting on behalf of
the classification society available to the Coast Guard in electronic
format;
    (ii) Provide its safety records and those of persons acting on
behalf of the classification society to another classification society
that requests those records for the purpose of conducting surveys of
vessels; and
    (iii) Request the safety records of a vessel to be surveyed from any
other classification society that previously surveyed that vessel.
    (b) Where sufficient performance records are not available from a
regional port state control secretariat, the Coast Guard may consider an
equivalent safety performance indicator proposed by the classification
society seeking approval.



Sec. 2.45-20  Probation, suspension, and revocation.

    (a) A classification society approved for the purpose of this
subpart must maintain the minimum requirements for approval set forth in
Sec. 2.45-15.
    (b) If an approved classification society fails to maintain
compliance with paragraph (a) of this section, the Coast Guard may place
the classification society approval on probation, or suspend or revoke
the classification society's approval, as appropriate.
    (c) Probation. A classification society on probation is approved for
the purpose of this subpart. The probation continues until the next
review of the classification society's compliance with paragraph (a) of
this section.
    (1) If the review shows that compliance with paragraph (a) of this
section is achieved, the probation may end.
    (2) If the review shows significant improvement but compliance with
paragraph (a) of this section is not achieved, the probation may be
extended.
    (3) If the review does not show significant improvement, and
compliance with paragraph (a) of this section is not achieved, the
approval may be suspended.
    (d) Suspension. A classification society whose approval is suspended
is not approved for the purpose of this subpart. Suspension will
continue until the next review of the classification society's
compliance with paragraph (a) of this section.

[[Page 38]]

    (1) If the review shows compliance with paragraph (a) of this
section, the classification society's approval may be restored.
    (2) If the review shows significant improvement toward compliance
with paragraph (a) of this section, the suspension may be extended.
    (3) If the review does not show significant improvement and
compliance with paragraph (a) of this section, the classification
society's approval may be revoked.
    (e) Revocation. A classification society whose approval is revoked
is not approved for the purpose of this subpart. The classification
society may reapply for approval when the requirements of Sec. 2.45-15
are met.
    (f) The Coast Guard's Office of Design and Engineering Standards
(CG-ENG) administers probations, suspensions, and revocations and makes
all related notifications to affected classification societies.



Sec. 2.45-25  Application for approval.

    (a) An application for approval must be made in writing and in the
English language to Commandant (CG-ENG), Attn: Office of Design and
Engineering Systems, U.S. Coast Guard Stop 7509, 2703 Martin Luther King
Jr. Avenue SE., Washington, DC 20593-7509.
    (b) The application must--
    (1) Indicate the type of work the classification society intends to
perform on vessels in the United States;
    (2) Include documentation demonstrating that the classification
society complies with Sec. 2.45-15;
    (3) Contain a list of the vessels surveyed by the classification
society over the previous 3 calendar years. The list must include vessel
names, flags, and IMO numbers, as well as initial vessel inspections and
detentions; and
    (4) Provide a summary of the safety records of vessels the
classification society surveys for each of the previous 3 calendar
years, including initial vessel inspections and detentions for all data
contained in regional port state control Memoranda of Understanding
(MOU) and other port state control data sources, including the U.S.
Coast Guard.
    (c) An application submitted in accordance with 46 CFR part 8,
subpart B satisfies the application requirements of paragraph (a) of
this section, provided the applicant:
    (1) Has been notified in writing by the Commandant that it met the
criteria to be a recognized classification society, and its recognized
status has not been revoked, under 46 CFR part 8, subpart B;
    (2) Submits in writing and in the English language to the address in
paragraph (a) of this section a statement that the applicant is applying
for approval under this subpart; and
    (3) Certifies in the submission under paragraph (c)(2) of this
section that the information in the application submitted under 46 CFR
part 8, subpart B remains valid.



Sec. 2.45-30  Penalties.

    The owner, charterer, managing operator, agent, master, or
individual in charge of a vessel that employs a classification society
to review, examine, survey, or certify the construction, repair, or
alteration of a vessel in the United States is subject to civil
penalties in accordance with Title 46 U.S.C. 3318 if the classification
society is not approved by the Coast Guard under this subpart.



                         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.

[[Page 39]]

    (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 Deputy for Operations Policy and Capabilities
(CG-DCO-D) 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 Deputy for Operations Policy and Capabilities (CG-DCO-D) may be
further delegated by him.
    (d) The approvals granted to holders qualifying under the
regulations in this chapter or in specifications, copies of which may be
obtained from the Commandant (CG-ENG), 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; USCG-2010-
0759, 75 FR 60001, Sept. 29, 2010]



Sec. 2.75-5  Certificates of approval.

    (a) The Deputy for Operations Policy and Capabilities (CG-DCO-D) 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

[[Page 40]]

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 (CG-ENG), Attn: Office of Design
and Engineering Systems, U.S. Coast Guard Stop 7509, 2703 Martin Luther
King Jr. Avenue SE., Washington, DC 20593-7509. 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 (CG-ENG). If the requirements are met, a certificate of
approval will be issued.
    (b) When the specific item described in an application, together
with accompanying drawings, plans, etc., does not meet applicable
requirements or fails to meet specified tests, the applicant will be
notified accordingly. The Coast Guard may suggest changes in order for
the item to qualify and permit the issuance of an approval.
    (c) For items not covered by specification requirements in parts 160
to 164, inclusive (subchapter Q--Specifications) of this chapter, the
requirements in the navigation and vessel inspection laws, and
applicable regulations in this chapter or in 33 CFR chapter I apply and
shall be met before approvals may be issued.

[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 (CG-5PS), Attn: Director
of Commercial Regulations, U.S. Coast Guard Stop 7509, 2703 Martin
Luther King Jr. Avenue SE., Washington, DC 20593-7509, requesting
recognition and listing, as a recognized laboratory.
    (2) Accompanying the informal application, as identified enclosures,
shall be:

[[Page 41]]

    (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.
    (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 Director of Commercial
Regulations & Standards (CG-5PS) 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

[[Page 42]]

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.
    (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

[[Page 43]]

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.



                   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.''

[[Page 44]]



                        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.



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.
4.03-75 Merchant mariner credential and credential.

            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.

[[Page 45]]

        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.
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).

[[Page 46]]


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



             Subpart 4.01_Authority and Scope of Regulations



Sec. 4.01-1  Scope of regulation.

    The regulations in this part govern the reporting of marine
casualties, the investigation of marine casualties and the submittal of
reports designed to increase the likelihood of timely assistance to
vessels in distress.

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



Sec. 4.01-3  Reporting exclusion.

    (a) Vessels subject to 33 CFR 173.51 are excluded from the
requirements of subpart 4.05.
    (b) Vessels which report diving accidents under 46 CFR 197.484
regarding deaths, or injuries which cause incapacitation for greater
than 72 hours, are not required to give notice under Sec. 4.05-1(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 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

[[Page 47]]

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 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

[[Page 48]]

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 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]

[[Page 49]]



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]



Sec. 4.03-75  Merchant mariner credential and credential.

    The following definitions apply to this part:
    Credential means any or all of the following:
    (1) Merchant mariner's document.
    (2) Merchant mariner's license.
    (3) STCW endorsement.
    (4) Certificate of registry.
    (5) Merchant mariner credential.
    Merchant mariner credential or MMC means the credential issued by
the Coast Guard under 46 CFR part 10. It combines the individual
merchant mariner's document, license, and certificate of registry
enumerated in 46 U.S.C. subtitle II part E as well as the STCW
endorsement into a single credential that serves as the mariner's
qualification document, certificate of identification, and certificate
of service.

[USCG-2006-24371, 74 FR 11214, Mar. 16, 2009]



            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 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

[[Page 50]]

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 (allision
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 160.204.
    (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;
USCG-2011-0618, 76 FR 60754, Sept. 30, 2011; USCG-2014-0688, 79 FR
58275, Sept. 29, 2014]



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 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

[[Page 51]]

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
person responsible for the custody thereof, shall make these records
available upon request, to a duly authorized investigating officer,
administrative law judge, officer or employee of the Coast Guard.
    (b) The investigating officer may substitute photostatic copies of
the voyage records referred to in paragraph (a) of this section when
they have served their purpose and return the original records to the
owner or owners thereof.



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

    Whenever a vessel collides with a buoy, or other aid to navigation
under the jurisdiction of the Coast Guard, or is connected with any such
collision, it shall be the duty of the person in charge of such vessel
to report the accident to the nearest Officer in Charge, Marine
Inspection. No report on Form

[[Page 52]]

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.
    (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

[[Page 53]]

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.
    (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

[[Page 54]]

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).



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

[[Page 55]]

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]



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

[[Page 56]]

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 person holding a Coast Guard credential contributed to the
casualty, so that appropriate proceedings against the credential 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; USCG-2006-24371, 74 FR 11214, Mar. 16, 2009]



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

[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; USCG-
2006-24371, 74 FR 11214, Mar. 16, 2009]

[[Page 57]]



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 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.

[[Page 58]]

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.



                 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.

[[Page 59]]



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]



                  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

[[Page 60]]

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;
    (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]

[[Page 61]]



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]



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

[[Page 62]]

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.
5.40 Credential and merchant mariner credential.

            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 Coast Guard credential or endorsement.
5.59 Offenses for which revocation of credentials or endorsements is
          mandatory.
5.61 Acts or offenses for which revocation of credentials 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 Coast Guard Credential or Endorsement

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 credential or endorsement.

                           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.
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 credential or endorsement.
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 credential or
          endorsement.
5.713 Appeals to the National Transportation Safety Board.
5.715 Stay of effect of Decision of the Commandant on Appeal: Temporary
          credential and/or endorsement pending appeal

[[Page 63]]

          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 Credential or Endorsement 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' credentials or endorsements 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; USCG-2006-24371, 74 FR 11214, Mar. 16, 2009]



Sec. 5.5  Purpose of administrative actions.

    The administrative actions against a license, certificate, merchant
mariner credential, endorsement, 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.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-24371,
74 FR 11214, Mar. 16, 2009]



                          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
credential or endorsement 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; USCG-2006-24371, 74 FR 11214, Mar. 16,
2009]



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

[[Page 64]]

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]



Sec. 5.40  Credential and merchant mariner credential.

    Credential means any or all of the following:
    (1) Merchant mariner's document.
    (2) Merchant mariner's license.
    (3) STCW endorsement.
    (4) Certificate of registry.
    (5) Merchant mariner credential.
    Merchant mariner credential or MMC means the credential issued by
the Coast Guard under 46 CFR part 10. It combines the individual
merchant mariner's document, license, and certificate of registry
enumerated in 46 U.S.C. subtitle II part E as well as the STCW
endorsement into a single credential that serves as the mariner's
qualification document, certificate of identification, and certificate
of service.

[USCG-2006-24371, 74 FR 11214, Mar. 16, 2009]



            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 credential are as follows:
    (1) When based exclusively on 46 U.S.C. 7704, service shall be
within 10 years after the date of conviction, or at anytime if the
person charged is a user of or addicted to the use of a dangerous drug.
    (2) For one of the misconduct offenses specified in Sec. 5.59(a) or
Sec. 5.61(a), service shall be within five years after commission of
the offense alleged therein.
    (3) For an act or offense not otherwise provided for, the service
shall be within three years after the commission of the act or offense
alleged therein.
    (b) When computing the period of time specified in paragraphs (a)
(2) and (3) of this section there shall be excluded any period or
periods of time when the respondent could not attend a hearing or be
served charges by reason of being outside of the United States or by
reason of being in prison or hospitalized.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-1998-3472, 64
FR 28075, May 24, 1999; USCG-2006-24371, 74 FR 11214, Mar. 16, 2009]

[[Page 65]]



Sec. 5.57  Acting under authority of Coast Guard credential or
endorsement.

    (a) A person employed in the service of a vessel is considered to be
acting under the authority of a credential or endorsement when the
holding of such credential or endorsement 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
credential or endorsement while engaged in official matters regarding
the credential or endorsement. This includes, but is not limited to,
such acts as applying for renewal, taking examinations for raises of
grade, requesting duplicate or replacement credentials, or when
appearing at a hearing under this part.
    (c) A person does not cease to act under the authority of a
credential or endorsement while on authorized or unauthorized shore
leave from the vessel.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-24371,
74 FR 11214, Mar. 16, 2009]



Sec. 5.59  Offenses for which revocation of credentials or endorsements
is mandatory.

    An Administrative Law Judge enters an order revoking a respondent's
credential or endorsement 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.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-24371,
74 FR 11215, Mar. 16, 2009]



Sec. 5.61  Acts or offenses for which revocation of credentials is
sought.

    (a) An investigating officer seeks revocation of a respondent's
credential or endorsements 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
credential or endorsements 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 credential or
endorsements would be clearly a threat to the safety of life or
property, or detrimental to good discipline.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-24371,
74 FR 11215, Mar. 16, 2009]



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 66]]



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
credential or endorsement issued by the Coast Guard may have:
    (1) Committed an act of incompetency, misconduct, or negligence
while acting under the authority of a credential or endorsement;
    (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 credential or
endorsement;
    (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.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-24371,
74 FR 11215, Mar. 16, 2009]



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 credential or endorsement.
    (c) Accept voluntary deposit of a credential or endorsement.
    (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 credential or endorsement. 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; USCG-2006-24371, 74 FR 11215, Mar. 16, 2009]



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 67]]

    (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 Coast Guard Credential or Endorsement



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

    (a) A holder may deposit a credential or endorsement 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
credential or endorsement to the holder.
    (b) Where the mental or physical incompetence of a holder of a
credential or endorsement 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
credential or endorsement, or had a credential or endorsement revoked
for a drug related offense on a prior occasion.
    (c) Where the mental or physical incompetence of a holder of a
credential or endorsement 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 credential or
endorsement in accordance with Sec. 5.203.

[CGD 84-099, 52 FR 47535, Dec. 14, 1987, as amended by USCG-2006-24371,
74 FR 11215, Mar. 16, 2009]



Sec. 5.203  Voluntary surrender to avoid hearing.

    (a) Any holder may surrender a credential or endorsement to the
Coast Guard in preference to appearing at a hearing.
    (b) A holder voluntarily surrendering a credential or endorsement
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 credential or endorsement surrendered are
permanently relinquished; and,
    (3) Any rights with respect to a hearing are waived.
    (c) A voluntary surrender of a credential or endorsement 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.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-24371,
74 FR 11215, Mar. 16, 2009]



Sec. 5.205  Return or issuance of a credential or endorsement.

    (a) A person may request the return of a voluntarily deposited
credential or endorsement 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

[[Page 68]]

for issuance of a credential or endorsement.
    (b) Where the voluntary deposit is based on incompetence due to drug
abuse, the deposit agreement shall provide that the credential or
endorsement 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 credential
or endorsement 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 credential or endorsement is the
equivalent of revocation of such papers. A holder who voluntarily
surrenders a credential or endorsement must comply with provisions of
Sec. Sec. 5.901 and 5.903 when applying for the issuance of a new
credential or endorsement.

[CGD 84-099, 52 FR 47535, Dec. 14, 1987, as amended by USCG-2006-24371,
74 FR 11215, Mar. 16, 2009]



                           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

[[Page 69]]

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



                         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 credential or endorsement 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, as amended by USCG-2006-
24371, 74 FR 11215, Mar. 16, 2009]



Sec. 5.521  Verification of credential or endorsement.

    (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 credentials issued by the
Coast Guard to the respondent. In the event that the respondent alleges
that credential 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 credential 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; USCG-2006-24371, 74 FR 11215, Mar. 16, 2009]



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

[[Page 70]]

order an admonition, suspension with or without probation, or
revocation.
    (b) The order is directed against all credentials or endorsements,
except that in cases of negligence or professional incompetence, the
order is made applicable to specific credentials or endorsements. 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
credential or endorsement may be revoked and the issuance of one of a
lower grade ordered.
    (c) An order must specify whether the credential or endorsement
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 credential or
endorsement 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 credential or endorsement 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; USCG-2006-24371, 74 FR 11215, Mar. 16, 2009]



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.

[[Page 71]]


  Failure to obey master's written     2-4.
   instruction.
  Improper performance of duties       2-5.
   related to vessel safety.
  Failure to join vessel (required     2-6.
   crew member).
  Violent acts against other persons   2-6.
   (without injury).
  Failure to perform duties related    3-6.
   to vessel safety.
  Theft..............................  3-6.
  Violent acts against other persons   4-Revocation.
   (injury).
  Use, possession, or sale of          Revocation (Note: see Sec.
   dangerous drugs.                     5.59).
Negligence:
  Negligently performing duties        2-6.
   related to vessel navigation.
  Negligently performing non-          1-3.
   navigational duties related to
   vessel safety.
  Neglect of vessel navigation duties  3-6.
  Neglect of non-navigational safety   2-4.
   related duties.
Incompetence.........................  The only proper order for a
                                        charge of incompetence found
                                        proved is revocation.
Violation of Regulation:
  Refusal to 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 credential or endorsement.

    (a) A person who has appealed from a decision suspending outright or
revoking a credential or endorsement, except for revocation resulting
from an offense enumerated in Sec. 5.59, may file a written request for
a temporary credential or endorsement. 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
credential or endorsement may be denied for that reason alone.
    (d) All temporary credentials or endorsements 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
credential or endorsement expires before the Commandant's decision is
rendered, it may be renewed, if authorized by the Commandant.
    (e) If the request for a temporary credential or endorsement 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.

[[Page 72]]

    (f) Copies of the temporary credential 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; USCG-2006-24371, 74 FR 11215, Mar. 16,
2009]



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 credentials or
endorsements 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 (CG-094), Attn: Judge Advocate General (JAG) and
Chief Counsel, U.S. Coast Guard Stop 7213, 2703 Martin Luther King Jr.
Avenue SE., Washington, DC 20593-7213.
    (c) In cases before the National Transportation Safety Board the
Chief Counsel of the Coast Guard may be represented by others designated
of counsel.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-24371,
74 FR 11215, Mar. 16, 2009; USCG-2009-0702, 74 FR 49224, Sept. 25, 2009;
USCG-2013-0671, 78 FR 60144, Sept. 30, 2013]



Sec. 5.715  Stay of effect of Decision of the Commandant on Appeal:
Temporary credential and/or endorsement 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
credential and/or endorsement 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 credential and/or endorsement as
specified in the stay order. This credential and/or endorsement is
effective for not more than six months, renewable until such time as the
National Transportation Safety Board has completed its review.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-24371,
74 FR 11215, Mar. 16, 2009]



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

[[Page 73]]

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]



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 Credential or Endorsement After Revocation or
                                Surrender



Sec. 5.901  Time limitations.

    (a) Any person whose credential or endorsement 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 credential or endorsement.
    (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 credential or endorsement 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 credential or endorsement.
    (d) For a person whose credential or endorsement 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 credential or endorsement 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; USCG-2006-24371, 74 FR 11215, Mar. 16, 2009]



Sec. 5.903  Application procedures.

    (a) An application form for a new credential or endorsement may be
obtained from any Officer in Charge, Marine Inspection.
    (b) The completed application and letter must be addressed to the
Commandant (CG-094), Attn: Judge Advocate General (JAG) and Chief
Counsel, U.S. Coast Guard Stop 7213, 2703 Martin Luther King Jr. Avenue
SE., Washington, DC 20593-7213, 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
credential or endorsement 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
credential or endorsement was revoked because of

[[Page 74]]

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.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-24371,
74 FR 11215, Mar. 16, 2009; USCG-2009-0702, 74 FR 49224, Sept. 25, 2009;
USCG-2013-0671, 78 FR 60144, Sept. 30, 2013]



Sec. 5.905  Commandant's decision on application.

    (a) The applicant's letter and application form, as well as the
evaluation and recommendation, are referred to a special board appointed
by the Commandant. The board examines all the material submitted with
the application and such other information as may, in the judgment of
the board, be considered appropriate. The board shall submit its
findings and recommendation to the Commandant.
    (b) The Commandant shall determine whether or not a new credential
or endorsement will be issued. The applicant will be notified by letter
of such determination.

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-24371,
74 FR 11215, Mar. 16, 2009]



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

[[Page 75]]

concerned that reference of the application to the Commandant for action
would not delay the sailing of the vessel or otherwise be contrary to
the interest of national defense, the application shall be so referred.
In all other cases, such Coast Guard officer shall give immediate
consideration to the application and if he reaches the conclusion that
the urgency of the situation outweighs the marine hazard involved, then
such waiver shall be made effective in regard to such vessel to the
extent and under the circumstances specified by him.
    (c) The Coast Guard officer making such a waiver effective pursuant
to paragraph (b) of this section shall immediately prepare, in
triplicate, an order setting forth the name of the vessel involved, the
laws (also regulations, if any) with respect to which the waiver is
effective, the extent to which compliance with such laws (also
regulations, if any) is waived, and the period for which the waiver
shall be effective. If practicable, one copy of this order shall be
delivered to the master of the vessel involved before such vessel sails.
In any case where the order is not delivered to the master, it shall be
delivered to the owner, operator, or agent of the vessel without delay.
One copy of the order shall be transmitted to the Commandant and the
remaining copy kept on file.
    (d) In any case of extreme urgency the application for a waiver may
be made orally, and if the Coast Guard District Commander (or his
designated representative or the designated representative of the
Commandant, as the case may be) reaches the conclusion referred to in
paragraph (b) of this section, the waiver shall be made effective
without further delay, subject to the condition that the application be
reduced to writing and delivered within such period after the date of
the oral request as the Coast Guard officer making the waiver effective
shall specify in the order.
    (e) No penalty shall be imposed because of failure to comply with
any provision of law (or regulation, if any), the waiver of which has
been made effective pursuant to the requirements in this section.

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

[[Page 76]]

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 (CG-CVC), Attn: Office of Commercial Vessel Compliance, U.S.
Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE.,
Washington, DC 20593-7501. Every application shall:
    (1) Describe the laws and/or regulations by appropriate references
and/or subjects with respect to which the waiver of compliance is
desired;
    (2) Contain a certification that the waiver of compliance with such
laws and/or regulations with respect to the vessel involved is necessary
in the interest of national defense and is necessary for the Military
Sealift Command 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]

    Editorial Note: For Federal Register citations affecting Sec. 6.06,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and at www.fdsys.gov.



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.

[[Page 77]]

    (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.
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

[[Page 78]]

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5445" N. longitude 665830" W.; thence to the range marker
located in approximate position latitude 445145" N. longitude 6659"
W.
    (b) A line drawn from West Quoddy Head Light to latitude 4448.5 N.
longitude 6656.4 W. (Sail Rock Lighted Whistle Buoy ``1''); thence to
latitude 4437.5 N. longitude 6709.8 W. (Little River Lighted Whistle
Buoy ``2LR''); thence to latitude 4414.5 N. longitude 6757.2 W.
(Frenchman Bay Approach Lighted Whistle Buoy ``FB''); thence to Mount
Desert Light; thence to Matinicus Rock Light; thence to Monhegan Island
Light; thence to latitude 4331.6 N. longitude 7005.5 W. (Portland
Lighted Horn Buoy ``P''); thence to Boon Island Light; thence to
latitude 4237.9 N. longitude 7031.2 W. (Cape Ann Lighted Whistle
Buoy ``2'').



Sec. 7.15  Massachusetts Bay, MA.

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



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36.1 N.
longitude 6951.1 W. (Pollack Rip Entrance Lighted Horn Buoy ``PR'');
thence to latitude 4126.0 N. longitude 6946.2 W. (Great Round Shoal
Channel Lighted Buoy ``2''); thence to Sankaty Head Light.
    (b) A line drawn from the westernmost extremity of Nantucket Island
to the southwesternmost extremity of Wasque Point, Chappaquiddick
Island.
    (c) A line drawn from Gay Head Light to Block Island Southeast
Light; thence to Montauk Point Light on the easterly end of Long Island.



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 true
to the southernmost extremity of the spit of land at the western end of
Oak Beach.
    (d) A line drawn from Jones Inlet Light 322 true across the
southwest tangent of the island on the north side of Jones Inlet to the
shoreline.



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

[[Page 79]]

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18.2 N. longitude 7432.2 W. to the northeasternmost point of Ocean
City at latitude 3917.6 N. longitude 7433.1 W. across Great Egg
Harbor Inlet.
    (h) A line drawn parallel with the general trend of the seaward,
highwater shoreline across Corson Inlet.
    (i) A line formed by the centerline of the Townsend Inlet Highway
Bridge.
    (j) A line formed by the shoreline of Seven Mile Beach and Hereford
Inlet Light.



Sec. 7.40  Delaware Bay and tributaries.

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



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36.5 N. longitude 7502.8 W. (Indian
River Inlet Lighted Gong Buoy ``1''); thence to Indian River Inlet South
Jetty Light.
    (b) A line drawn from Ocean City Inlet Light ``6'' to latitude
3819.4 N. longitude 7505.0 W. (Ocean City Inlet Entrance Lighted
Buoy ``4''); thence to latitude 3819.3 N. longitude 7505.1 W. (Ocean
City Inlet Entrance Lighted Buoy ``5''); thence to the easternmost
extremity of the south breakwater.
    (c) A line drawn from Assateague Beach Tower Light to latitude
3750.2 N. longitude 7524.9 W. (Chincoteague Inlet Lighted Bell Buoy
``CI''); thence to the tower charted at latitude 3752.6 N. longitude
7526.7 W.
    (d) A line drawn from the southernmost extremity of Cedar Island to
latitude 3734.7 N. longitude 7536.0 W. (Wachapreague Inlet Entrance
Lighted Buoy ``1''); thence due south to shore at Parramore Beach.
    (e) A line drawn from the seaward tangent of Parramore Beach to the
lookout tower on the northern end of Hog Island chartered in approximate
position latitude 3727.2 N. longitude 7540.5 W.



Sec. 7.50  Chesapeake Bay and tributaries.

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



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

    (a) A line drawn from Rudee Inlet Jetty Light ``2'' to latitude
3650 N. longitude 7556.7 W.; thence to Rudee Inlet Jetty Light
``1''.
    (b) A line drawn from Bodie Island Light to latitude 3549.3 N.
longitude 7531.9 W.; thence to Oregon Inlet Jetty Light.
    (c) A line drawn from Hatteras Inlet Light 255 true to the eastern
end of Ocracoke Island.
    (d) A line drawn from the westernmost extremity of Ocracoke Island
at latitude 3504 N. longitude 7600.8 W. to the northeasternmost
extremity of Portsmouth Island at latitude 3503.7 N. longitude
7602.3 W.
    (e) A line drawn across Drum Inlet parallel with the general trend
of the seaward, highwater shoreline.
    (f) A line drawn from the southernmost extremity of Cape Lookout to
latitude 3438.4 N. longitude 7640.6 W.; 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10.3 N. longitude 7748.0

[[Page 80]]

W.; thence to the beach in approximate position latitude 3410 N.
longitude 7749.4 W.

[CGD 81-058, 50 FR 25230, June 18, 1985, as amended by USCG-2009-0702,
74 FR 49224, Sept. 25, 2009; USCG-2013-0671, 78 FR 60144, Sept. 30,
2013]



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

    (a) A line drawn from the southernmost extremity to Cape Fear to
latitude 3349.5 N. longitude 7803.7 W. (Cape Fear River Entrance
Lighted Bell Buoy ``2CF''); thence to Oak Island Light.
    (b) A line drawn from the southernmost extremity of Bird Island at
approximate position latitude 3351.2 N. longitude 7832.6 W. to
latitude 3350.3 N. longitude 7832.5 W. (Little River Inlet Entrance
Lighted Whistle Buoy ``2LR''); thence to the northeasternmost extremity
of Waties Island at approximate position latitude 3351.2 N. longitude
7833.6 W.
    (c) A line drawn from the seaward extremity of Murrells Inlet north
jetty to latitude 3331.5 N. longitude 7901.6 W. (Murrells Inlet
Lighted Bell Buoy ``MI''); thence to Murrells Inlet South Jetty Light.
    (d) A line drawn from Georgetown Light to latitude 3311.6 N.
longitude 7905.4 W. (Winyah Bay Lighted Bell Buoy ``2WB''); thence to
the southernmost extremity of Sand Island.



Sec. 7.65  Charleston Harbor, SC.

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

[USCG-2010-0759, 75 FR 60001, Sept. 29, 2010]



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



Sec. 7.75  Savannah River/Tybee Roads.

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



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 true across Tybee Inlet to the shore of Little
Tybee Island south of the entrance to Buck Hammock Creek.
    (b) A line drawn from the southernmost extremity of Little Tybee
Island at Beach Hammock to the easternmost extremity of Wassaw Island.
    (c) A line drawn from Wassaw Island in approximate position latitude
3152.5 N. longitude 8058.5 W. to latitude 3148.3 N. longitude
8056.8 W. (Ossabaw Sound North Channel Buoy ``OS''); thence to
latitude 3139.3 N. longitude 8102.3 W. (St. Catherines Sound Buoy
``St. C.''); thence to latitude 3131.2 N. longitude 8103.8 W.
(Sapelo Sound Buoy ``S''); thence to

[[Page 81]]

the easternmost extremity of Blackbeard Island at Northeast Point.
    (d) A line drawn from the southernmost extremity of Blackbeard
Island to latitude 3119.4 N. longitude 8111.5 W. (Doboy Sound
Lighted Buoy ``D''); thence to latitude 3104.1 N. longitude 8116.7
W. (St. Simons Lighted Whistle Buoy ``ST S'').



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

    (a) A line drawn from latitude 3104.1 N. longitude 8116.7 W.
(St. Simons Lighted Whistle Buoy ``ST S'') to latitude 3042.7 N.
longitude 8119.0 W. (St. Mary's Entrance Lighted Whistle Buoy ``1'');
thence to Amelia Island Light.
    (b) A line drawn from the southernmost extremity of Amelia Island to
latitude 3029.4 N. longitude 8122.9 W. (Nassau Sound Approach Buoy
``6A''); thence to the northeasternmost extremity of Little Talbot
Island.



Sec. 7.90  St. Johns River, FL.

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



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55 N. longitude 8115.3 W. (St. Augustine
Lighted Whistle Buoy ``ST. A.''); thence to the seaward extremity of St.
Augustine Inlet south jetty.
    (b) A line formed by the centerline of the highway bridge over
Matanzas Inlet.
    (c) A line drawn from the seaward extremity of Ponce de Leon Inlet
north jetty to latitude 2904.7 N. longitude 8054 W. (Ponce de Leon
Inlet Lighted Bell Buoy ``2''); thence to Ponce de Leon Inlet Approach
Light.
    (d) A line drawn from Canaveral Harbor Approach Channel Range Front
Light to latitude 2823.7 N. longitude 8032.2 W. (Canaveral Bight
Wreck Lighted Buoy ``WR6''); thence to the radio tower on Canaveral
Peninsula in approximate position latitude 2822.9 N. longitude
8036.6 W.
    (e) A line drawn across the seaward extremity of the Sebastian Inlet
Jetties.
    (f) A line drawn from the seaward extremity of the Fort Pierce Inlet
North Jetty to latitude 2728.5 N. longitude 8016.2 W. (Fort Pierce
Inlet Lighted Whistle Buoy ``2''); thence to the tank located in
approximate position latitude 2727.2 N. longitude 8017.2 W.
    (g) A line drawn from the seaward extremity of St. Lucie Inlet north
jetty to latitude 2710 N. longitude 8008.4 W. (St. Lucie Inlet
Entrance Lighted Whistle Buoy ``2''); thence to Jupiter Island bearing
approximately 180 true.
    (h) A line drawn from the seaward extremity of Jupiter Inlet North
Jetty to the northeast extremity of the concrete apron on the south side
of Jupiter Inlet.
    (i) A line drawn from the seaward extremity of Lake Worth Inlet
North Jetty to latitude 2646.4 N. longitude 8001.5 W. (Lake Worth
Inlet Lighted Bell Buoy ``2LW''); thence to Lake Worth Inlet Lighted
Buoy ``3''; thence to the seaward extremity of Lake Worth Inlet South
Jetty.
    (j) A line drawn across the seaward extremity of the Boynton Inlet
Jetties.
    (k) A line drawn from Boca Raton Inlet North Jetty Light ``2'' to
Boca Raton Inlet South Jetty Light ``1''.
    (l) A line drawn from Hillsboro Inlet Light to Hillsboro Inlet
Entrance Light ``2''; thence to Hillsboro Inlet Entrance Light ``1'';
thence west to the shoreline.
    (m) A line drawn from the tower located in approximate position
latitude 2606.9 N. longitude 8006.4 W. to latitude 2605.5 N.
longitude 8004.8 W. (Port Everglades Lighted Whistle Buoy ``1'');
thence to the signal tower located in approximate position latitude
2605.5 N. longitude 8006.5 W.
    (n) A line drawn from the seaward extremity of Bakers Haulover Inlet
north jetty 090 true to longitude 8007.2 W.; thence to the seaward
extremity of Bakers Haulover Inlet south jetty.



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46.7 N. longitude 8008 W. to latitude 2546.1 N.
longitude 8005.0 W.

[[Page 82]]

(Miami Lighted Whistle Buoy ``M''); thence to Fowey Rocks Light
(latitude 2535.4 N. longitude 8005.8 W.); thence to Pacific Reef
Light (latitude 2522.3 N. longitude 8008.5 W.) thence to Carysfort
Reef Light (latitude 2513.3 N. longitude 8012.7 W.); thence to
Molasses Reef Light ``10'' (latitude 2500.7 N. longitude 8022.6 W.);
thence to Alligator Reef Light (latitude 2451.1 N. longitude 8037.1
W.); thence to Tennessee Reef Light (latitude 2444.7 N. longitude
8046.9 W.); thence to Sombrero Key Light (latitude 2437.6 N.
longitude 8106.6 W.); thence to American Shoal Light (latitude
2431.5 N. longitude 8131.2 W.); thence to latitude 2427.7 N.
longitude 8148.1 W. (Key West Entrance Lighted Whistle Buoy); thence
to Cosgrove Shoal Light (latitude 2427.5 N. longitude 8211.2 W.);
thence due north to a point 12 miles from the baseline from which the
territorial sea is measured in approximate position latitude 2447.5 N.
longitude 8211.2 W.

                               Gulf Coast



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

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

[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40.8 N. longitude 11710.6 W. to
latitude 3239.1 N. longitude 11713.6 W. (San Diego Bay Channel
Lighted Bell Buoy ``5''); thence to Point Loma Light.
    (b) A line drawn from Mission Bay South Jetty Light ``2'' to Mission
Bay North Jetty Light ``1''.
    (c) A line drawn from Oceanside South Jetty Light ``4'' to Oceanside
Breakwater Light ``3''.
    (d) A line drawn from Dana Point Jetty Light ``6'' to Dana Point
Breakwater Light ``5''.
    (e) A line drawn from Newport Bay East Jetty Light ``4'' to Newport
Bay West Jetty Light ``3''.
    (f) A line drawn from Anaheim Bay East Jetty Light ``6'' to Anaheim
Bay West Jetty Light ``5''; thence to Long Beach Breakwater East End
Light ``1''. A line drawn from Long Beach Entrance Light ``2'' to Long
Beach Light. A line drawn from Los Angeles Main Channel Entrance Light
``2'' to Los Angeles Light.



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''.

[[Page 83]]

    (f) A line drawn from Santa Barbara Harbor Light ``4'' to latitude
3424.1 N. longitude 11940.7 W. (Santa Barbara Harbor Lighted Bell
Buoy ``1''); thence to Santa Barbara Harbor Breakwater Light.



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

    (a) A line drawn from the southernmost extremity of Fossil Point at
longitude 12043.5 W. to the seaward extremity of Whaler Island
Breakwater.
    (b) A line drawn from the outer end of Morro Bay Entrance East
Breakwater to latitude 3521.5 N. longitude 12052.3 W. (Morro Bay
Entrance Lighted Bell Buoy ``1''); thence to Morro Bay West Breakwater
Light.



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

    (a) A line drawn from Monterey Harbor Light ``6'' to latitude
3636.5 N. longitude 12153.2 W. (Monterey Harbor Anchorage Buoy
``A''); thence to the northernmost extremity of Monterey Municipal Wharf
No. 2.
    (b) A line drawn from seaward extremity of the pier located 0.3 mile
south of Moss Landing Harbor Entrance to the seaward extremity of the
Moss Landing Harbor North Breakwater.
    (c) A line drawn from Santa Cruz Light to the southernmost
projection of Soquel Point.
    (d) A straight line drawn from Point Bonita Light across Golden Gate
through Mile Rocks Light to the shore.
    (e) A line drawn from the northwestern tip of Tomales Point to
latitude 3815.1 N. longitude 12300.1 W. (Tomales Point Lighted Horn
Buoy ``2''); thence to latitude 3817.2 N. longitude 12302.3 W.
(Bodega Harbor Approach Lighted Gong Buoy ``BA''); thence to the
southernmost extremity of Bodega Head.
    (f) A line drawn from Humboldt Bay Entrance Light ``4'' to Humboldt
Bay Entrance Light ``3''.
    (g) A line drawn from Crescent City Outer Breakwater Light ``5'' to
the southeasternmost extremity of Whaler Island at longitude 12411 W.



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21.9 N. longitude 12421.7 W. (Coos Bay Entrance
Lighted Bell Buoy ``1''); thence to the seaward extremity of the Coos
Bay North Jetty.
    (b) A line drawn from the lookout tower located in approximate
position latitude 4613.6 N. longitude 12400.7 W. to latitude
4612.8 N. longitude 12408.0 W. (Columbia River Entrance Lighted
Whistle Buoy ``2''); thence to latitude 4614.5 N. longitude 12409.5
W. (Columbia River Entrance Lighted Bell Buoy ``1''); thence to North
Head Light.
    (c) A line drawn from latitude 4652.8 N. longitude 12412.6 W.
(Grays Harbor Light to Grays Harbor Entrance Lighted Whistle Buoy
``2''); thence to latitude 4655.0 N. longitude 12414.7 W. (Grays
Harbor Entrance Lighted Whistle Buoy ``3''); thence to Grays Harbor Bar
Range Rear Light.



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21.1 N. longitude 12302.5 W. (Hein Bank Lighted Bell
Buoy); thence to latitude 4825.5 N. longitude 12258.5 W. (Salmon
Bank Lighted Gong Buoy ``3''); thence to Cattle Point Light on San Juan
Island.
    (b) A line drawn from Lime Kiln Light to Kellett Bluff Light on
Henry Island; thence to Turn Point Light on Stuart Island; thence to
Skipjack Island Light; thence to latitude 4846.6 N. longitude
12253.4 W. (Clements Reef Bouy ``2''); thence to International
Boundary Range B Front Light.

                                 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 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;

[[Page 84]]

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31.9 N.
longitude 13957.1 W. (Yakutat Bay Entrance Lighted Whistle Buoy
``2''); thence to the southeasternmost extremity of Point Manby.
    (c) A line drawn from the northernmost extremity of Point Riou to
the easternmost extremity of Icy Cape.



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

    (a) A line drawn from the southernmost extremity of Point Whitshed
to the easternmost extremity of Hinchinbrook Island.
    (b) A line drawn from Cape Hinchinbrook Light to Schooner Rock Light
``1''.
    (c) A line drawn from the southwesternmost extremity of Montague
Island to Point Elrington Light; thence to the southernmost extremity of
Cape Puget.
    (d) A line drawn from the southernmost extremity of Cape
Resurrection to the Aialik Cape.



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

    (a) A line drawn from the southernmost extremity of Kenai Peninsula
at longitude 15144.0 W. to East Amatuli Island Light; thence to the
northwesternmost extremity of Shuyak Island at Party Cape; thence to the
easternmost extremity of Cape Douglas.
    (b) A line drawn from the southernmost extremity of Pillar Cape on
Afognak Island to Spruce Cape Light; thence to the easternmost extremity
of Long Island; thence to the northeasternmost extremity of Cape
Chiniak.
    (c) A line drawn from Cape Nunilak at latitude 5809.7 N. to the
northernmost extremity of Raspberry Island. A line drawn from the
westernmost extremity of Raspberry Cape to the northernmost extremity of
Miners Point.



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



Sec. 7.180  Kotzebue Sound, AK.

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

[[Page 85]]



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.

                 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: 33 U.S.C. 1903, 1904, 3803 and 3821; 46 U.S.C. 3103,
3306, 3316, and 3703; Department of Homeland Security Delegation No.
0170.1 and Aug. 8, 2011 Delegation of Authority, Anti-Fouling Systems.

    Source: CGD 95-010, 62 FR 67532, Dec. 24, 1997, unless otherwise
noted.
    Editorial Note: Nomenclature changes to part 8 appear by USCG-2009-
0702, 74 FR 49224, Sept. 25, 2009.



                            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

[[Page 86]]

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 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 Commandant (CG-ENG), Attn: Office of Design and
Engineering Systems, U.S. Coast Guard Stop 7509, 2703 Martin Luther King
Jr. Avenue SE., Washington, DC 20593-7509, 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;
USCG-2013-0671, 78 FR 60145, Sept. 30, 2013]



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

[[Page 87]]

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.
    (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 (CG-CVC) 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 (CG-CVC) 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 (CG-CVC) 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

[[Page 88]]

classification society considers an unacceptable hazard to life and/or
property exists.
    (11) Honor appeal decisions made by the Commandant (CG-ENG) or
Commandant (CG-CVC) 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 (CG-CVC) prior to granting
exemptions from the requirements of international conventions, class
rules, and the U.S. supplement to class rules.
    (14) Make available to the Coast Guard all records, in the English
language, related to equivalency determinations or approvals made in the
course of delegated functions conducted on behalf of the Coast Guard.
    (15) Report to the Coast Guard all information specified in the
agreement at the specified frequency and to the specified Coast Guard
office or official.
    (16) Grant the Coast Guard access to all plans and documents,
including reports on surveys, on the basis of which certificates are
issued or endorsed by the classification society.
    (17) Identify a liaison representative to the Coast Guard.
    (18) Provide regulations, rules, instructions and report forms in
the English language.
    (19) Allow the Commandant (CG-DCO-D) to participate in the
development of class rules.
    (20) Inform the Commandant (CG-5PS) of all proposed changes to class
rules.
    (21) Provide the Commandant (CG-DCO-D) 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.

[[Page 89]]

    (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;
    (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 (CG-ENG).

[[Page 90]]

    (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.



         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;
    (9) MARPOL 73/78 International Pollution Prevention Certificate for
the Carriage of Noxious Liquid Substances in Bulk;
    (10) SOLAS Passenger Ship Safety Certificate;
    (11) High-Speed Craft Safety Certificate;
    (12) MARPOL 73/78 International Air Pollution Prevention
Certificate;
    (13) International Anti-fouling System Certificate; and
    (14) MARPOL 73/78 International Energy Efficiency Certificate.
    (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

[[Page 91]]

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; USCG-2004-19823; 74 FR 20419, May 4, 2009;
USCG-2008-1014, 74 FR 21558, May 8, 2009; USCG-2011-0745, 76 FR 76899,
Dec. 9, 2011; USCG-2012-0861, 77 FR 73338, Dec. 10, 2012]



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 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:
    (1) Will be eligible to receive authorization to participate in the
ACP only after the Coast Guard has delegated to it the authority to
issue the following certificates:
    (i) International Load Line Certificate;
    (ii) International Tonnage Certificate;
    (iii) Cargo Ship Safety Construction Certificate;
    (iv) Cargo Ship Safety Equipment Certificate; and
    (v) International Oil Pollution Prevention Certificate; and
    (2) Must have performed a delegated function related to general
vessel safety assessment, as defined in Sec. 8.100 of this part, 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

[[Page 92]]

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.

[CGD 95-010, 62 FR 67532, Dec. 24, 1997, as amended by USCG-2004-19823;
74 FR 20419, May 4, 2009]



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
(CG-ENG) 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.
    (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
Commandant (CG-CVC), Attn: Office of Commercial Vessel Compliance, U.S.
Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE.,
Washington, DC 20593-7501.

[CGD 95-010, 62 FR 67532, Dec. 24, 1997, as amended by USCG-2013-0671,
78 FR 60145, Sept. 30, 2013]



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

[[Page 93]]

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 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.

[[Page 94]]

    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.



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.

[[Page 95]]

    (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 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:

[[Page 96]]

    (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 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.

[[Page 97]]



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 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.

[[Page 98]]



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.



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.

[[Page 99]]



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 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.

[CGD 74-119, 39 FR 33336, Sept. 17, 1974, as amended by USCG-2010-0759,
75 FR 60001, Sept. 29, 2010]



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 100]]



            SUBCHAPTER B_MERCHANT MARINE OFFICERS AND SEAMEN





PART 10_MERCHANT MARINER CREDENTIAL--Table of Contents



                            Subpart A_General

Sec.
10.101 Purpose.
10.103 Incorporation by reference.
10.105 Paperwork approval. [Reserved]
10.107 Definitions in subchapter B.
10.109 Classification of endorsements.

   Subpart B_General Requirements for All Merchant Mariner Credentials

10.201 General characteristics of the merchant mariner credential.
10.203 Requirement to hold a TWIC and a merchant mariner credential.
10.205 Validity of a merchant mariner credential.
10.207 Identification number.
10.209 General application procedures.
10.211 Criminal record review.
10.213 National Driver Register.
10.214 Security Check.
10.217 Merchant mariner credential application and examination
          locations.
10.219 Fees.
10.221 Citizenship.
10.223 Modification or removal of limitations or scope.
10.225 Requirements for original merchant mariner credentials.
10.227 Requirements for renewal.
10.229 Replacement of lost merchant mariner credentials.
10.231 Requirements for raises of grade or new endorsements.
10.232 Sea service.
10.233 Obligations of the holder of a merchant mariner credential.
10.235 Suspension or revocation of merchant mariner credentials.
10.237 Right of appeal.
10.239 Quick reference table for MMC requirements.

                     Subpart C_Medical Certification

10.301 General requirements.
10.302 Medical and physical requirements.
10.303 Medical waivers, limitations, and restrictions.
10.304 General medical exam.
10.305 Vision requirements.
10.306 Hearing requirements.

                 Subpart D_Training Courses and Programs

10.401 Applicability.
10.402 Approval of training courses.
10.403 General standards.
10.404 Substitution of training for required service, use of training-
          record books (TRBs), and use of towing officer assessment
          records (TOARs).
10.405 Qualification as qualified assessor (QA) and designated examiner
          (DE).
10.406 Approved courses.
10.407 Approval of training programs.
10.408 Coast Guard-accepted training other than approved courses and
          programs.
10.409 Coast Guard-accepted Quality Standard System (QSS) organizations.
10.410 Quality Standard System (QSS) requirements.
10.411 Simulator performance standards.
10.412 Distance and e-learning.

    Authority:  14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103,
2110; 46 U.S.C. chapter 71; 46 U.S.C. chapter 73; 46 U.S.C. chapter 75;
46 U.S.C. 2104; 46 U.S.C. 7701, 8903, 8904, and 70105; Executive Order
10173; Department of Homeland Security Delegation No. 0170.1.

    Source: USCG-2006-24371, 74 FR 11216, Mar. 16, 2009, unless
otherwise noted.



                            Subpart A_General



Sec. 10.101  Purpose.

    The regulations in this part provide:
    (a) A means of determining and verifying the qualifications an
applicant must possess to be eligible for certification to serve on
merchant vessels;
    (b) A means of determining that an applicant is competent to serve
under the authority of his or her merchant mariner credential (MMC);
    (c) A means of confirming that an applicant does not pose a threat
to national security through the requirement to hold a Transportation
Worker Identification Credential (TWIC); and
    (d) A means of determining whether the applicant for an MMC is a
safe and suitable person.

[USCG-2006-24371, 74 FR 11216, Mar. 16, 2009, as amended by USCG-2004-
17914, 78 FR 77882, Dec. 24, 2013]



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

[[Page 101]]

other than that specified in 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 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. Also, it is available for
inspection at the Commandant (CG-OES-1), Attn: Marine Personnel
Qualifications Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther
King Jr. Avenue SE., Washington, DC 20593-7509, 202-372-1405 and is
available from the sources indicated in this section.
    (b) International Maritime Organization (IMO), 4 Albert Embankment,
London SE1 7SR, England, telephone: + 44 (0)20 7735 7611, http://
www.imo.org:
    (1) The International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended, 2011
(the STCW Convention or the STCW), incorporation by reference approved
for Sec. Sec. 10.107, 10.109, 10.201, and 10.410.
    (2) The Seafarers' Training, Certification and Watchkeeping Code, as
amended, 2011 (the STCW Code), incorporation by reference approved for
Sec. Sec. 10.107, 10.109, 10.201, 10.404, 10.411, and 10.412.

[USCG-2006-24371, 74 FR 11216, Mar. 16, 2009, as amended by USCG-2009-
0702, 74 FR 49224, Sept. 25, 2009; USCG-2013-0671, 78 FR 60145, Sept.
30, 2013; USCG-2004-17914, 78 FR 77882, Dec. 24, 2013]



Sec. 10.105  Paperwork approval. [Reserved]



Sec. 10.107  Definitions in subchapter B.

    (a) With respect to part 16 of this subchapter only, if the
definitions in paragraph (b) of this section differ from those set forth
in Sec. 16.105, the definition set forth in Sec. 16.105 applies.
    (b) As used in this subchapter, the following terms apply only to
merchant marine personnel credentialing and the manning of vessels
subject to the manning provisions in the navigation and shipping laws of
the United States:
    Able seafarer-deck means a rating qualified in accordance with the
provisions of Regulation II/5 of the STCW Convention.
    Able seafarer-engine means a rating qualified in accordance with the
provisions of Regulation III/5 of the STCW Convention.
    Apprentice mate (steersman) of towing vessels means a credentialed
mariner in training to perform bridge watchkeeping duties onboard a
towing vessel, who must be under the direct supervision and in the
continuous presence of a master or mate (pilot) of towing vessels.
    Approved means approved by the Coast Guard.
    Approved training means training that is approved by the Coast Guard
or meets the requirements of Sec. 10.408 of this part.
    Articulated tug barge or ATB means any tug-barge combination which,
through the use of an articulated or ``hinged'' connection system
between the tug and barge, allows independent movement in the critical
area of fore and aft pitch.
    Assistance towing means towing a disabled vessel for consideration.
    Assistant engineer, for national endorsements, means a qualified
officer in the engine department other than the chief engineer.
    Authorized official includes, but is not limited to, a Federal,
State or local law enforcement officer.
    Ballast control operator or BCO means an officer restricted to
service on mobile offshore drilling units (MODUs) whose duties involve
the operation of the complex ballast system found on many MODUs. When
assigned to a MODU, a ballast control operator is equivalent to a mate
on a conventional vessel.
    Barge means a non-self propelled vessel as defined in 46 U.S.C 102.
    Barge supervisor or BS means an officer restricted to service on
MODUs whose duties involve support to the offshore installation manager
(OIM) in marine-related matters including, but not limited to,
maintaining watertight integrity, inspecting and maintaining mooring and
towing components, and

[[Page 102]]

maintaining emergency and other marine-related equipment. A barge
supervisor, when assigned to a MODU, is equivalent to a mate on a
conventional vessel.
    Boatswain means the leading seaman and immediate supervisor of deck
crew who supervises the maintenance of deck gear.
    Boundary line marks the dividing point between internal and offshore
waters for the purposes of several U.S. statutes and, with exceptions,
generally follows the trend of the seaward, highwater shorelines. See 46
CFR part 7.
    Cargo engineer means a person holding an officer endorsement on a
dangerous-liquid tankship or a liquefied-gas tankship whose primary
responsibility is maintaining the cargo system and cargo-handling
equipment.
    Ceremonial license means a document that reflects a mariner's
existing national officer endorsement and is suitable for framing, but
is not valid for use as a Merchant Mariner Credential (MMC).
    Chemical tanker means a tank vessel that is certificated to carry or
carries chemicals in bulk as cargo or cargo residue. For the purposes of
qualifying for an STCW endorsement for advanced chemical tanker cargo
operations, this includes tank barges.
    Chief engineer means the senior engineer responsible for the
mechanical propulsion and the operation and maintenance of the
mechanical and electrical installations of the vessel.
    Chief mate means the deck officer next in rank to the master and
upon whom the command of the vessel will fall in the event of incapacity
of the master.
    Coast Guard-accepted means--
    (1) That the Coast Guard has officially acknowledged in writing that
the material or process at issue meets the applicable requirements;
    (2) That the Coast Guard has issued an official policy statement
listing or describing the material or process as meeting the applicable
requirements; or
    (3) 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.
    Coast Guard-accepted QSS organization means an entity that has been
approved by the Coast Guard to accept and monitor training on behalf of
the Coast Guard.
    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.
    Coastwise voyage is a domestic voyage and means a voyage in which a
vessel proceeds--
    (1) From one port or place in the United States to another port or
place in the United States;
    (2) From a port or place in a United States possession to another
port or place in the same possession, and passes outside the line
dividing inland waters from the high seas; or
    (3) From a port or place in the United States or its possessions and
passes outside the line dividing inland waters from the high seas and
navigates on the high seas, and then returns to the same port or place.
    Communicable disease means any disease capable of being transmitted
from one person to another directly, by contact with excreta or other
discharges from the body; or indirectly, via substances or inanimate
objects contaminated with excreta or other discharges from an infected
person. Pursuant to 42 U.S.C. 12113, the Department of Health and Human
Services periodically publishes in the Federal Register a list of
infectious and communicable diseases that are transmissible through the
food supply, and that list provides examples of communicable diseases
for purposes of Sec. 10.304 of this title.
    Conviction means that the applicant for a merchant mariner
credential 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

[[Page 103]]

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
that the court's earlier conviction was in error.
    Credential means any or all of the following:
    (1) Merchant mariner's document.
    (2) License.
    (3) STCW endorsement.
    (4) Certificate of registry.
    (5) Merchant Mariner Credential.
    Criminal record review means the process or action taken by the
Coast Guard to determine whether an applicant for, or holder of, a
credential is a safe and suitable person to be issued such a credential
or to be employed on a vessel under the authority of such a credential.
    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)).
    Dangerous liquid or DL means a liquid listed in 46 CFR 153.40 of
this chapter that is not a liquefied gas as defined in this part. Liquid
cargoes in bulk listed in 46 CFR part 153, Table 2, of this chapter are
not dangerous-liquid cargoes when carried by non-oceangoing barges.
    Day means, for the purpose of complying with the service
requirements of this subchapter, 8 hours of watchstanding or day-working
not to include overtime. On vessels authorized by 46 U.S.C. 8104 and 46
CFR 15.705, to operate a two-watch system, a 12-hour working day may be
creditable as 1 1/2 days of service. On vessels of less than 100 GRT, a
day is considered as 8 hours unless the Coast Guard determines that the
vessel's operating schedule makes this criteria inappropriate; in no
case will this period be less than 4 hours. When computing service on
MODUs for any endorsement, a day of MODU service must be a minimum of 4
hours, and no additional credit is received for periods served over 8
hours. For cadet service on a training ship furnished by the Maritime
Administration under 46 CFR 310.4, a day may be creditable as 1\1/2\
days of service.
    Deck crew (excluding individuals serving under their officer
endorsement) means, as used in 46 U.S.C. 8702, only the following
members of the deck department: able seamen, boatswains, and ordinary
seamen.
    Deck department means the department aboard a ship responsible for
navigation, cargo, command, and control functions.
    Designated areas means those areas within pilotage waters for which
first-class pilot's endorsements are issued under part 11, subpart G, of
this chapter, by the Officer in Charge, Marine Inspection (OCMI). The
areas for which first-class pilot's endorsements are issued within a
particular Marine Inspection Zone and the specific requirements to
obtain them may be obtained from the OCMI concerned.
    Designated duty engineer or DDE means a qualified engineer, who may
be the sole engineer on vessels with a periodically unmanned engine
room.
    Designated examiner or DE means a person who has been trained or
instructed in techniques of training or assessment on towing vessels and
is otherwise qualified to evaluate whether an applicant has achieved the
level of proficiency required to hold a towing vessel endorsement on a
merchant mariner credential (MMC). This person must be approved by the
Coast Guard.
    Designated medical examiner means a licensed physician, licensed
physician's assistant, or licensed nurse practitioner who has been
trained and approved to conduct medical and physical examinations of
merchant mariners on behalf of the U.S. Coast Guard and may be delegated
limited authority to grant waivers and approve physical/medical
suitability for service.
    Directly supervised/direct supervision (only when referring to
issues related to tankermen) 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 handheld radio.

[[Page 104]]

    Disabled vessel means a vessel that needs assistance, whether
docked, moored, anchored, aground, adrift, or underway. This does not
mean a barge or any other vessel not regularly operated under its own
power.
    Document of Continuity means a document issued by the Coast Guard to
seafarers who are unwilling or otherwise unable to meet the requirements
of Sec. 10.227, for the sole purpose of maintaining an individual's
eligibility for renewal of an endorsement.
    Domestic voyage means a voyage from one United States port to
another United States port, without entering waters under the
jurisdiction of another country unless the United States has entered
into a treaty or an agreement with that country respecting mutual
recognition of national mariner qualifications. This includes a voyage
to nowhere that returns to the originating port.
    Drug test means a chemical test of an individual's urine for
evidence of dangerous drug use.
    Dual-mode integrated tug barge means an integrated tug barge (ITB)
involving an articulated (flexible) coupling system where the towing
unit rolls and heaves (articulates) about a horizontal pivot point. Dual
mode units resemble a conventional tug and are capable of towing in
other configurations (astern or alongside).
    Electro-technical officer means an officer qualified in accordance
with the provisions of Regulation III/6 of the STCW Convention.
    Electro-technical rating means a rating qualified in accordance with
the provisions of Regulation III/7 of the STCW Convention.
    Employment assigned to means the total period of time a person is
assigned to work on MODUs, including time spent ashore as part of normal
crew rotation.
    Endorsement is a statement of a mariner's qualifications and, for
the purposes of this chapter, includes only those endorsements listed in
Sec. 10.109 of this part.
    Engine department means the department aboard a ship responsible for
the main propulsion and auxiliary systems, and other mechanical,
electrical, hydraulic, and refrigeration systems, including deck
machinery and cargo-handling equipment.
    Entry-level mariner means a mariner holding no rating other than
ordinary seaman, wiper, steward's department, or steward's department
food handler (F.H.).
    Evaluation means processing an application, from the point of
receipt to approval or denial 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 under 49 CFR part 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.
    First assistant engineer means the engineer officer next in rank to
the chief engineer and upon whom the responsibility for the mechanical
propulsion and the operation and maintenance of the mechanical and
electrical installations of the vessel will fall in the event of the
incapacity of the chief engineer.
    Great Lakes, for the purpose of calculating service requirements for
an endorsement, 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 miles 326 and 327), the Chicago River as
far as the east side of the Ashland Avenue Bridge (between miles 321 and
322), and the Saint Lawrence River as far east as the lower exit of
Saint Lambert Lock. For purposes of requiring MMCs with rating
endorsements, the connecting and tributary waters are not part of the
Great Lakes.
    Gross register tons or GRT means the gross ton measurement of the
vessel under 46 U.S.C. chapter 145, Regulatory Measurement.
    Gross tonnage or GT means the gross tonnage measurement of the
vessel under 46 U.S.C. chapter 143, Convention Measurement.
    Harbor assist means the use of a towing vessel during maneuvers to
dock, undock, moor, or unmoor a vessel, or

[[Page 105]]

to escort a vessel with limited maneuverability.
    High-speed craft type rating (HSC) means an endorsement for specific
duty on a particular type and model of high-speed craft (compliant with
the high-speed craft code).
    Horsepower or HP means, for the purpose of this subchapter, the
total maximum continuous shaft horsepower of the entire vessel's main
propulsion machinery as determined by the manufacturer. This term is
used when describing a vessel's propulsion power and also when placing
limitations on an engineer officer license or endorsement. One
horsepower equals 0.75 kW.
    ILO means the International Labour Organization.
    IMO means the International Maritime Organization.
    Increase in scope means additional authority added to an existing
credential, such as adding a new route or increasing the authorized
horsepower or tonnage.
    Inland waters means the navigable waters of the United States
shoreward of the Boundary Lines as described in part 7 of this chapter,
excluding the Great Lakes, and, for towing vessels, excluding the
Western Rivers.
    Integrated tug barge or ITB means any tug barge combination which,
through the use of special design features or a specially designed
connection system, has increased seakeeping capabilities relative to a
tug and barge in the conventional pushing mode. An ITB can be divided
into either a dual-mode ITB or a push-mode ITB. The definitions for
those categories can be found elsewhere in this section.
    Invalid credential means an MMC, MMD, license, STCW endorsement, or
Certificate of Registry that has been suspended or revoked, has expired,
has been tampered with, has not been signed, or has been superseded in
accordance with Sec. 10.205 of this part.
    ISM means the International Safety Management Code.
    Kilowatt or kW means 1\1/3\ horsepower. This term is used when
describing a vessel's propulsion power and also when placing limitations
on an engineer officer license or endorsement.
    Large passenger vessel, for the purposes of subpart H of part 12,
and part 15, 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.
    Lifeboatman means a mariner who is qualified to take charge of,
lower, and operate survival craft and related survival equipment on a
vessel.
    Lifeboatman-Limited means a mariner who is qualified to take charge
of, lower, and operate liferafts, rescue boats, and other survival
equipment on vessels where lifeboats are not installed.
    Liquefied gas or LG means a cargo that has a vapor pressure of 172
kPa (25 psia) or more at 37.8 C (100 F).
    Liquefied gas tanker means a tank vessel that is certificated to
carry or carries liquefied gases in bulk as cargo or cargo residue. For
the purposes of qualifying for an STCW endorsement for advanced
liquefied gas tanker cargo operations, this includes tank barges.
    Liquid cargo in bulk means a liquid or liquefied gas listed in Sec.
153.40 of this chapter 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.
    Management level means the level of responsibility associated with--
    (1) Serving as master, chief mate, chief engineer officer or second
engineer officer onboard a seagoing ship; and
    (2) Ensuring that all functions within the designated area of
responsibility are properly performed.
    Marine chemist means a person certificated by the National Fire
Protection Association as a marine chemist.
    Master means the officer having command of a vessel.
    Mate means a qualified officer in the deck department other than the
master.
    Medical Certificate means a certificate issued by the Coast Guard
under 46 CFR part 10, subpart C that serves as proof that the seafarer
meets the medical and physical standards for merchant mariners.

[[Page 106]]

    Merchant Mariner Credential or MMC means a credential issued by the
Coast Guard under 46 CFR part 10. It combines the individual merchant
mariner's document, license, and certificate of registry enumerated in
46 U.S.C. subtitle II part E as well as the STCW endorsement into a
single credential that serves as the mariner's qualification document,
certificate of identification, and certificate of service.
    MMC application means the application for the MMC, as well as the
application for any endorsement on an MMC.
    Mobile offshore drilling unit or MODU means a vessel capable of
engaging in drilling operations for the exploration for or exploitation
of subsea resources. MODU designs include the following:
    (1) Bottom bearing units, which include--
    (i) Self-elevating (or jack-up) units with moveable, bottom bearing
legs capable of raising the hull above the surface of the sea; and
    (ii) Submersible units of ship-shape, barge-type, or novel hull
design, other than a self-elevating unit, intended for operating while
bottom bearing.
    (2) 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 drill ships.
    Month means 30 days, for the purpose of complying with the service
requirements of this subchapter.
    National Driver Register or NDR means the nationwide repository of
information on drivers maintained by the National Highway Traffic Safety
Administration under 49 U.S.C. chapter 303.
    National officer endorsement means an annotation on an MMC that
allows a mariner to serve in the capacities listed in Sec. 10.109(a) of
this part. The officer endorsement serves as the license and/or
certificate of registry pursuant to 46 U.S.C. subtitle II part E.
    National rating endorsement means an annotation on an MMC that
allows a mariner to serve in those capacities set out in Sec. 10.109(b)
and (c) of this part. The rating endorsement serves as the merchant
mariner's document pursuant to 46 U.S.C. subtitle II part E.
    NDR-listed convictions means a conviction of any of the following
motor vehicle-related offenses or comparable offenses:
    (1) Operating a motor vehicle while under the influence of, or
impaired by, alcohol or a controlled substance; or
    (2) 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
from the U.S. and its possessions, except for MMCs endorsed as Operator
of Uninspected Passenger Vessel for which near-coastal is limited to
waters not more than 100 miles offshore from the U.S. and its
possessions. This would also include those near-coastal waters
identified by another Administration when the U.S. has entered into a
treaty or an agreement with that country respecting the recognition of
the U.S. near-coastal endorsement.
    Non-resident alien, for the purposes of subchapter H of part 12, and
part 15, 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).
    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, and the inland waters of another country are not considered
oceans.
    Officer endorsement means an annotation on an MMC that allows a
mariner to serve in the capacities listed in Sec. 10.109 of this part.
    Officer in Charge, Marine Inspection, or OCMI means, for the
purposes of this subchapter, the commanding officer of the National
Maritime Center, or any person designated as such by the Commandant, in
accordance with 46 CFR 1.01-5(b).
    Officer in charge of an engineering watch in a manned engine room or
designated duty engineer in a periodically

[[Page 107]]

unmanned engine room (OICEW) means an engineering officer qualified at
the operational level.
    Officer in charge of a navigational watch (OICNW) means a deck
officer qualified at the operational level.
    Offshore installation manager or OIM means an officer restricted to
service on MODUs. An assigned offshore installation manager is
equivalent to a master on a conventional vessel and is the person
designated by the owner or operator to be in complete and ultimate
command of the unit.
    Oil tanker means a tank vessel that is certificated to carry or
carries oil in bulk as cargo or cargo residue. For the purposes of
qualifying for an STCW endorsement for advanced oil tanker cargo
operations, this includes tank barges.
    On location means that a mobile offshore drilling unit is bottom
bearing or moored with anchors placed in the drilling configuration.
    Operate, operating, or operation (as applied to the manning
requirements of vessels carrying passengers) refers to a vessel any time
passengers are embarked whether the vessel is underway, at anchor, made
fast to shore, or aground.
    Operational level means the level of responsibility associated
with--
    (1) Serving as officer in charge of a navigational or engineering
watch, or as designated duty engineer for periodically unmanned
machinery spaces, or as radio operator onboard a seagoing ship; and
    (2) Maintaining direct control over the performance of all functions
within the designated area of responsibility in accordance with proper
procedures and under the direction of an individual serving in the
management level for that area of responsibility.
    Orally assisted examination means an examination as described in 46
CFR, part 11, subpart I of this subchapter administered orally and
documented by a Coast Guard examiner.
    Overriding operational condition means circumstances in which
essential shipboard work cannot be delayed due to safety or
environmental reasons, or could not have reasonably been anticipated at
the commencement of the voyage.
    Participation, when used with regard to the service on transfers
required for tankerman by Sec. Sec. 13.120, 13.203, or 13.303 of this
chapter, means either actual participation in the transfers or close
observation of how the transfers are conducted and supervised.
    Passes a chemical test for dangerous drugs means that the result of
a chemical test conducted according to 49 CFR part 40 is reported as
``negative'' by a Medical Review Officer according to that part.
    Periodically unattended engine room means a space containing main
propulsion and associated machinery and all sources of main electrical
supply which is not at all times manned under all operating conditions,
including maneuvering.
    PIC means a person in charge.
    Pilot of towing vessels means a qualified officer of a towing vessel
operated only on inland routes.
    Pilotage waters means the navigable waters of the United States,
including all inland waters and offshore waters to a distance of 3
nautical miles from the baseline from which the Territorial Sea is
measured.
    Practical demonstration means the performance of an activity under
the direct observation of a designated examiner or qualified assessor
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.
    Propulsion power means the total maximum continuous-rated output
power of the main propulsion machinery of a vessel determined by the
manufacturer, in either kilowatts or horsepower, which appears on the
ship's Certificate of Registry or other official document and excludes
thrusters and other auxiliary machinery.
    Public vessel means a vessel that--
    (1) Is owned, or demise chartered, and operated by the United States
Government or a government of a foreign country; and
    (2) Is not engaged in commercial service.
    Push-mode ITBs means those ITBs that involve a rigid coupling system
and, when not coupled to the barge, are incapable of conducting towing
in any

[[Page 108]]

other configuration (such as astern or alongside) because, by
themselves, they have very limited seakeeping capability. The propelling
unit moves as one with the barge unit.
    Qualified Assessor or QA means a person who is qualified to
evaluate, for STCW endorsements, whether an applicant has demonstrated
the necessary level of competence in the task for which the assessment
is being made. This person must be individually approved by the Coast
Guard.
    Qualified instructor means a person who has been trained in
instructional techniques and is otherwise qualified to provide required
training to candidates for an MMC endorsement. A faculty member employed
at a State maritime academy or the U.S. Merchant Marine Academy operated
under 46 CFR part 310 and instructing a course on merchant marine
officer or rating knowledge, understanding, or proficiency requirements
is qualified to serve as a qualified instructor in his or her area of
specialization without individual evaluation by the Coast Guard.
    Qualified rating means various categories of able seaman, qualified
member of the engine department, or tankerman endorsements issued on
MMCs.
    Quality Standard System or QSS means a set of policies, procedures,
processes, and data required to establish and fulfill the organization's
objectives.
    Raise of grade means an increase in the level of authority and
responsibility associated with an officer or rating endorsement, such as
from mate to master or second assistant engineer to first assistant
engineer.
    Rating endorsement is an annotation on an MMC that allows a mariner
to serve in those capacities set out in Sec. 10.109 of this part.
    Regional examination center or REC means a field office of the
National Maritime Center that receives and screens credential
applications, conducts approved course oversight, and administers Coast
Guard examinations as required by this subchapter.
    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 correction or preparation of port-entry documents), and is
allowed to sleep without interruption.
    Restricted tankerman endorsement means a valid tankerman endorsement
on a merchant mariner credential restricting its holder as the Coast
Guard deems appropriate. For instance, the endorsement may restrict the
holder 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.
    Rivers means a river, canal, or other similar body of water
designated as such by the Coast Guard.
    Safe and suitable person means a person whose prior record,
including but not limited to criminal record and/or NDR record, provides
no information indicating that his or her character and habits of life
would support the belief that permitting such a person to serve under
the MMC and/or endorsement sought would clearly be a threat to the
safety and security of life or property, detrimental to good discipline,
or adverse to the interests of the United States. See 46 CFR 10.211 and
10.213 for the regulations associated with this definition.
    Seagoing service means service onboard a ship/vessel relevant to the
issue of a credential or other qualification.
    Seagoing vessel means a ship that operates beyond the boundary line
specified in 46 CFR part 7.
    Second engineer officer means an engineer officer next in rank to
the chief engineer officer and upon whom the responsibility for the
mechanical propulsion and the operation and maintenance of the
mechanical and electrical installations of the ship will fall in the
event of the incapacity of the chief engineer officer.
    Self propelled has the same meaning as the terms ``propelled by
machinery'' and ``mechanically propelled.'' This term includes vessels
fitted with both sails and mechanical propulsion.
    Senior company official means the president, vice president, vice
president for personnel, personnel director,

[[Page 109]]

or similarly titled or responsible individual, or another employee
designated in writing by one of these individuals for the purpose of
certifying employment.
    Service (as used when computing the required service for
endorsements) means the time period, in days, a person is assigned to
work. On MODUs, this excludes time spent ashore as part of crew
rotation.
    Ship means a vessel using any mode of propulsion, including sail and
auxiliary sail.
    Simulated transfer means a transfer practiced in a course meeting
the requirements of Sec. 13.121 of this subchapter that uses simulation
to meet part of the service on transfers required for tankerman by
Sec. Sec. 13.203 or 13.303 of this subchapter.
    Staff officer means a person who holds an MMC with an officer
endorsement listed in Sec. 10.109(a)(36) through (a)(43) of this part.
    Standard of competence means the level of proficiency to be achieved
for the proper performance of duties onboard vessels according to
national and international criteria.
    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.
    STCW means the International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended
(incorporated by reference, see Sec. 10.103 of this subpart).
    STCW Code means the Seafarers' Training, Certification and
Watchkeeping Code (incorporated by reference, see Sec. 10.103 of this
subpart).
    STCW endorsement means an annotation on an MMC that allows a mariner
to serve in those capacities under Sec. 10.109(d) of this subpart. The
STCW endorsement serves as evidence that a mariner has met the
requirements of the STCW Convention.
    Support level means the level of responsibility associated with
performing assigned tasks, duties, or responsibilities onboard a
seagoing ship under the direction of an individual serving in the
operational or management level.
    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, and that--
    (1) Is a vessel of the United States;
    (2) Operates on the navigable waters of the United States; or
    (3) 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 on his or her MMC. See 46 CFR, part 13, subpart
D.
    Tankerman engineer means a person holding a valid ``Tankerman-
Engineer'' endorsement on his or her MMC. See 46 CFR part 13, subpart E.
    Tankerman PIC means a person holding a valid ``Tankerman-PIC''
endorsement on his or her MMC. See 46 CFR part 13, subpart B.
    Tankerman PIC (Barge) means a person holding a valid ``Tankerman-PIC
(Barge)'' endorsement on his or her MMC. See 46 CFR part 13, subpart C.
    Tankship means any self-propelled tank vessel constructed or adapted
primarily to carry oil or hazardous material in bulk as cargo or as
cargo residue.
    Training program means a combination of training, practical
assessment, and service which provides an individual with all or part of
the necessary knowledge, understanding, and proficiency required for a
specific qualification.
    Transfer means any movement of fuel, dangerous liquid, or liquefied
gas as cargo in bulk or as cargo residue to or from a vessel by means of
pumping, gravitation, or displacement.
    Transportation Worker Identification Credential or TWIC means an
identification credential issued by the Transportation Security
Administration under 49 CFR part 1572.
    Underway means that a vessel is not at anchor, made fast to the
shore, or aground. When referring to a mobile

[[Page 110]]

offshore drilling unit (MODU), underway means that the MODU is not in an
on-location or laid-up status and 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
certificate of documentation issued under the laws of the United States.
    Unlimited means an annotation on an MMC authorizing service on
vessels of any tonnage or any propulsion power.
    Vessel personnel with designated security duties means a person,
excluding the designated security officer (e.g., Company Security
Officer (CSO), as defined in 33 CFR chapter I, subchapter H, and Vessel
Security Officer (VSO)), having specific security duties and
responsibilities in accordance with the ship security plan.
    Vessel Security Officer (VSO) means a person onboard the vessel
accountable to the Master and designated by the Company as responsible
for security of the vessel, including implementation and maintenance of
the Vessel's Security Plan, and for liaison with the Facility Security
Officer and the vessel's Company Security Officer.
    Western Rivers means--
    (1) The Mississippi River;
    (2) The Mississippi River's 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;
    (3) The Port Allen-Morgan City Alternate Route;
    (4) 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
    (5) Those waters specified in 33 CFR 89.25.
    Year means 360 days for the purpose of complying with the service
requirements of this subchapter.

[USCG-2004-17914, 78 FR 77882, Dec. 24, 2013]



Sec. 10.109  Classification of endorsements.

    (a) National officer endorsements. The following national officer
endorsements are established in part 11 of this subchapter. The
endorsements indicate that an individual holding a valid MMC with this
endorsement is qualified to serve in that capacity and the endorsement
has been issued under the requirements contained in part 11 of this
subchapter:
    (1) Master.
    (2) Chief mate.
    (3) Second mate.
    (4) Third mate.
    (5) Mate.
    (6) Master of towing vessels.
    (7) Master of towing vessels, limited.
    (8) Mate (pilot) of towing vessels.
    (9) Apprentice mate (Steersman).
    (10) Apprentice mate (Steersman), limited.
    (11) Assistance towing.
    (12) Offshore installation manager (OIM).
    (13) Barge supervisor (BS).
    (14) Ballast control operator (BCO).
    (15) Operator of uninspected passenger vessels (OUPV).
    (16) Master of uninspected fishing industry vessels.
    (17) Mate of uninspected fishing industry vessels.
    (18) Master (OSV).
    (19) Chief mate (OSV).
    (20) Mate (OSV).
    (21) Chief engineer.
    (22) Chief engineer (limited).
    (23) First assistant engineer.
    (24) Second assistant engineer.
    (25) Third assistant engineer.
    (26) Assistant engineer (limited).
    (27) Designated duty engineer (DDE).
    (28) Chief engineer (OSV).
    (29) Assistant engineer (OSV).
    (30) Chief engineer MODU.
    (31) Assistant engineer MODU.
    (32) Chief engineer uninspected fishing industry vessels.
    (33) Assistant engineer uninspected fishing industry vessels.
    (34) Radio officer.
    (35) First-class pilot.
    (36) Chief purser.
    (37) Purser.
    (38) Senior assistant purser.
    (39) Junior assistant purser.
    (40) Medical doctor.
    (41) Professional nurse.
    (42) Marine physician assistant.
    (43) Hospital corpsman.
    (44) High-speed craft type rating.
    (45) Radar observer.
    (b) National rating endorsements. The following national rating
endorsements

[[Page 111]]

are established in part 12 of this subchapter. The endorsements indicate
that an individual holding a valid MMC with this endorsement is
qualified to serve in that capacity and the endorsement has been issued
under the requirements contained in part 12 of this subchapter:
    (1) Able seaman:
    (i) Unlimited;
    (ii) Limited;
    (iii) Special;
    (iv) Special (OSV);
    (v) Sail; and
    (vi) Fishing industry.
    (2) Ordinary seaman.
    (3) Qualified member of the engine department (QMED), including the
following specialty endorsements:
    (i) Oiler;
    (ii) Fireman/Watertender;
    (iii) Junior engineer;
    (iv) Pumpman/Machinist; and
    (v) Electrician/Refrigerating engineer.
    (4) Lifeboatman.
    (5) Lifeboatman-Limited.
    (6) Wiper.
    (7) Steward's department.
    (8) Steward's department (F.H.).
    (9) Cadet (deck or engine).
    (10) Student observer.
    (11) Apprentice engineer.
    (12) Apprentice mate.
    (c) The following ratings are established in part 13 of this
subchapter. The national endorsements indicate that an individual
holding a valid MMC with this endorsement is qualified to serve in that
capacity and the endorsement has been issued under the requirements
contained in part 13 of this subchapter:
    (1) Tankerman-PIC.
    (2) Tankerman-PIC (Barge).
    (3) Restricted Tankerman-PIC.
    (4) Restricted Tankerman-PIC (Barge).
    (5) Tankerman assistant.
    (6) Tankerman engineer.
    (d) STCW endorsements. The following STCW endorsements are issued
according to the STCW Convention, the STCW Code, and parts 11, 12, and
13 of this subchapter. The endorsements indicate that an individual
holding a valid MMC with this endorsement is qualified to serve in that
capacity and the endorsement has been issued under the requirements
contained in parts 11, 12 or 13 of this subchapter as well as the STCW
Convention and STCW Code (incorporated by reference, see Sec. 10.103 of
this subpart):
    (1) Master.
    (2) Chief mate.
    (3) Officer in charge of a navigational watch (OICNW).
    (4) Chief engineer officer.
    (5) Second engineer officer.
    (6) Officer in charge of an engineering watch in a manned engineroom
or designated duty engineer in a periodically unmanned engineroom
(OICEW).
    (7) Electro-technical officer (ETO).
    (8) Rating forming part of a navigational watch (RFPNW).
    (9) Able seafarer-deck.
    (10) Rating forming part of an engineering watch in a manned
engineroom or designated to perform duties in a periodically unmanned
engineroom (RFPEW).
    (11) Able seafarer-engine.
    (12) Electro-technical rating.
    (13) Basic training (BT).
    (14) Advanced firefighting.
    (15) Proficiency in survival craft and rescue boats other than fast
rescue boats (PSC).
    (16) Proficiency in survival craft and rescue boats other than fast
rescue boats--limited (PSC--limited).
    (17) Proficiency in fast rescue boats.
    (18) Person in charge of medical care.
    (19) Medical first-aid provider.
    (20) GMDSS at-sea maintainer.
    (21) GMDSS operator.
    (22) Advanced oil tanker cargo operation.
    (23) Advanced chemical tanker cargo operation.
    (24) Advanced liquefied gas tanker cargo operation.
    (25) Basic oil and chemical tanker cargo operation.
    (26) Basic liquefied gas tanker cargo operation.
    (27) Vessel Security Officer.
    (28) Vessel personnel with designated security duties.
    (29) Security awareness.
    (30) High-speed craft (HSC) type rating certificate.

[USCG-2004-17914, 78 FR 77887, Dec. 24, 2013]

[[Page 112]]



   Subpart B_General Requirements for All Merchant Mariner Credentials



Sec. 10.201  General characteristics of the merchant mariner credential.

    (a) A merchant mariner credential (MMC) (Coast Guard Form CG-4610),
is a credential combining the elements of the merchant mariner's
document (MMD), merchant mariner's license (license), and certificate of
registry (COR) enumerated in 46 U.S.C. subtitle II part E as well as the
STCW endorsement issued pursuant to the STCW Convention and STCW Code
(incorporated by reference, see Sec. 10.103 of this part). MMDs,
licenses, STCW endorsements and CORs are no longer issued as separate
documents and all qualifications formerly entered on those separate
documents appear in the form of an endorsement(s) on an MMC.
    (b) An MMC authorizes the holder to serve in any capacity endorsed
thereon, or in any lower capacity in the same department, or in any
capacity covered by a general endorsement.
    (c) An MMC may be issued to qualified applicants by the Coast Guard.

[USCG-2006-24371, 74 FR 11216, Mar. 16, 2009, as amended by USCG-2004-
17914, 78 FR 77888, Dec. 24, 2013]



Sec. 10.203  Requirement to hold a TWIC and a merchant mariner
credential.

    (a) Any mariner required to hold a license, MMD, COR, and/or an STCW
endorsement by a regulation in 33 CFR chapter I or 46 CFR chapter I must
hold an MMC. A mariner may continue to serve under the authority of and
within any restriction on their license, MMD, COR, and/or STCW
endorsement until the first renewal or upgrade of that credential, but
not later than April 15, 2014.
    (b) Failure to obtain or hold a valid TWIC serves as a basis for the
denial of an application for an original, renewal, new endorsement,
duplicate, or raise of grade of a mariner's credential and may serve as
a basis for suspension and revocation under 46 U.S.C. 7702 and 7703.
    (c) An MMC, license, MMD, COR, or STCW endorsement must be retained
by the mariner to whom it was issued and, while valid, must be produced
to verify qualifications when requested by an authorized official as
identified in 33 CFR 101.515(d). Posting of the officer endorsement may
be necessary as required in 46 U.S.C. 7110.
    (d) Although an MMD and an MMC serve as certificates of
identification, a TWIC must be retained by the mariner to whom it was
issued and, while valid, serves as the mariner's primary identification
document. The TWIC must be produced to verify identity when required by
an authorized official as identified in 33 CFR 101.515(d).



Sec. 10.205  Validity of a merchant mariner credential.

    (a) An MMC is valid for a term of 5 years from the date of issuance.
Except upon the written request for the immediate issuance by the
applicant, the Coast Guard will post-date the issuance of an MMC renewal
that includes no other transactions up to 8 months from the date that
the Coast Guard accepts a complete application as required in this part.
If the expiration date of the mariner's active credential is beyond 8
months of the date that the Coast Guard accepts a complete application
as required in this part, the new credential issue date will be 8 months
from the date of application acceptance at which time the currently
active credential will become invalid in accordance with paragraph (d)
of this section. Otherwise, the new credential issue validity date will
coincide with the expiration date of the active credential held by the
mariner. All other MMC transactions will be processed for immediate
issuance.
    (b) All endorsements, unless otherwise noted, are valid until the
expiration date of the MMC on which they appear.
    (c) A mariner may not serve under the authority of an MMC past its
expiration date. An expired MMC may be renewed during an administrative
grace period of up to 1 year beyond its expiration date as per Sec.
10.227(h) of this part.
    (d) When an MMC is renewed or re-issued before its expiration date
in accordance with Sec. 10.227, of this part the MMC that has been
replaced becomes invalid unless otherwise noted in paragraph (a) of this
section.

[[Page 113]]

    (e) An MMC is not valid until signed by the applicant and a duly
authorized Coast Guard official.
    (f) A mariner's endorsements authorize the holder to serve in any
capacity endorsed on the MMC, or in any lower capacity in the same
department, or in any capacity covered by a general endorsement thereon.
    (g) If a mariner chooses to renew his or her license, MMD, COR, or
STCW endorsement and receive their first MMC, the Coast Guard may also
renew all other credentials for which the mariner is qualified.
    (h) When a Document of Continuity is replaced with an MMC re-issued
in accordance with Sec. 10.227 of this part, the Document of Continuity
that has been replaced becomes invalid. In the event that not all
endorsements on a Document of Continuity are activated, a new Document
of Continuity will be issued for the remaining endorsements.

[USCG-2006-24371, 74 FR 11216, Mar. 16, 2009, as amended by USCG-2004-
17914, 78 FR 77888, Dec. 24, 2013]



Sec. 10.207  Identification number.

    For recordkeeping purposes only, a mariner's official MMC
identification number is the individual's social security number.
However, a unique serial number, called the mariner reference number,
and not the social security number, will appear on the credential.

[USCG-2006-24371, 74 FR 11216, Mar. 16, 2009, as amended by USCG-2004-
17914, 78 FR 77888, Dec. 24, 2013]



Sec. 10.209  General application procedures.

    (a) The applicant for an MMC, whether for an original, renewal,
duplicate, raise of grade, or a new endorsement on a previously issued
MMC, must establish that he or she satisfies all the requirements for
the MMC and endorsement(s) sought before the Coast Guard will issue the
MMC. This section contains the general requirements for all applicants.
Additional requirements for duplicates, renewals, new endorsements, and
raises of grade appear later in this part.
    (b) The Coast Guard may refuse to process an incomplete MMC
application. The requirements for a complete application for an original
MMC are contained in Sec. 10.225 of this part, the requirements for a
renewal MMC application are contained in Sec. 10.227 of this part, the
requirements for a duplicate MMC application are contained in Sec.
10.229 of this part, and the requirements for an application for a new
endorsement or raise of grade are contained in Sec. 10.231 of this
part.
    (c) Applications are valid for 12 months from the date that the
Coast Guard approves the application.
    (d) The application may be submitted in person, by mail, fax, or
other electronic means. A complete MMC application, which is described
in Sec. Sec. 10.225, 10.227, 10.229, and 10.231 may include--
    (1) The application, consent for National Driver Register (NDR)
check, and notarized oath on Coast Guard-furnished forms, and the
evaluation fee required by Sec. 10.219 of this part;
    (2) The applicant's continuous discharge book, certificate of
identification, MMD, MMC, license, STCW endorsement, Certificate of
Registry (COR), or, if it has not expired, a photocopy of the
credential, including the back and all attachments;
    (3) Proof, documented on CG-719K or CG-719K/E, as appropriate, that
the applicant passed the applicable vision, hearing, medical, or
physical exam as required by subpart C of this part, or an unexpired
medical certificate issued by the Coast Guard;
    (4) Copies of course completion certificates or other evidence of
course completion;
    (5) Evidence of sea service, or an accepted substitute for sea
service, if required;
    (6) For an endorsement as a medical doctor or professional nurse as
required in Sec. 11.807 of this subchapter, evidence that the applicant
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. Any MMC issued will retain any limitation associated with the
medical license;
    (7) Any certificates or other supplementary materials required to
show that the mariner meets the mandatory

[[Page 114]]

requirements for the specific endorsement sought, as established in
parts 11, 12 or 13 of this subchapter; and
    (8) An open-book exercise, in accordance with Sec. 10.227(e)(1) of
this part.
    (e) The following requirements must be satisfied before an original
or renewal MMC, or new endorsement or a raise of grade added to a
previously issued MMC, will be issued. These materials will be added to
the individual's record by the Coast Guard:
    (1) Determination of safety and suitability. No MMC will be issued
as an original or reissued with a new expiration date, and no new
officer endorsement will be issued if the applicant fails the criminal
record review as set forth in Sec. 10.211 of this part.
    (2) NDR review. No MMC will be issued as an original or reissued
with a new expiration date, and no new officer endorsement will be
issued if the applicant fails the NDR review as set forth in Sec.
10.213 of this part.
    (3) Information supplied by the Transportation Security
Administration (TSA). No MMC or endorsement will be issued until the
Coast Guard receives the following information from the applicant's TWIC
enrollment: the applicant's fingerprints, FBI number and criminal record
(if applicable), photograph, proof of citizenship, or Nationality with
proof of legal resident status (if applicable). If the information is
not available from TSA, the mariner may be required to visit a Regional
Exam Center or a TWIC enrollment center to provide this information.
    (f) Upon determining that the applicant satisfactorily meets all
requirements for an MMC or an endorsement thereon, the Coast Guard will
issue the properly endorsed MMC to the applicant. The Coast Guard will
not issue an MMC until it has received proof that the mariner holds a
valid TWIC.
    (g) When a new MMC is issued, the mariner must return any previously
issued and unexpired MMC, license, MMD, COR, or STCW endorsement to the
Coast Guard, unless the new MMC is being issued to replace a lost or
stolen credential.
    (h) No MMC will be issued if the applicant fails a chemical test for
dangerous drugs as required in Sec. Sec. 10.225(b)(5), 10.227(d)(5),
and 10.231(c)(6).
    (i) Ceremonial licenses. A mariner may obtain a ceremonial license
when applying for his or her credential or Document of Continuity.

[USCG-2004-17914, 78 FR 77888, Dec. 24, 2013]



Sec. 10.211  Criminal record review.

    (a) The Coast Guard may conduct a criminal record review to
determine the safety and suitability of an applicant for an MMC and any
endorsements. An applicant conducting simultaneous MMC transactions will
undergo a single criminal record review. At the time of application,
each applicant must provide written disclosure of all prior convictions
not previously disclosed to the Coast Guard on an application.

    (b) A criminal record review is not required for applicants seeking
a duplicate MMC under Sec. 10.229.
    (c) Fingerprints. The Transportation Security Administration (TSA)
will provide to the Coast Guard the applicant's fingerprints submitted
by the applicant with his or her TWIC application and, if applicable,
the applicant's FBI number and criminal record generated in the TWIC
review process. This information, or the fingerprints taken by the Coast
Guard at an REC, will be used by the Coast Guard to determine whether
the applicant has a record of any criminal convictions.
    (d) When a criminal record review leads the Coast Guard to determine
that an applicant is not a safe and suitable person or cannot be
entrusted with the duties and responsibilities of the MMC or endorsement
applied for, the application may be denied.
    (e) If an application is denied, the applicant will be notified in
writing of that fact, the reason or reasons for denial, and advised that
the appeal procedures in subpart 1.03 of part 1 of this chapter apply.
No examination will be given pending decision on appeal.
    (f) 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

[[Page 115]]

foreign country, by any military or civilian court, is eligible for an
MMC, except as provided elsewhere in this section. No person who has
ever been the user of, or addicted to the use of a dangerous drug, or
has ever been convicted of an offense described in section 205 of the
National Driver Register Act of 1982, as amended (49 U.S.C. 30304)
because of addiction to or abuse of alcohol is eligible for an MMC,
unless he or she furnishes satisfactory evidence of suitability for
service in the merchant marine as provided in paragraph (l) of this
section. A conviction for a drug offense more than 10 years before the
date of application will not alone be grounds for denial.
    (g) The Coast Guard will use table 1 to Sec. 10.211 of this section
to evaluate applicants 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 Coast Guard 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 Coast Guard. The assessment period
may include supervised or unsupervised probation or parole.

         Table 1 to 10.211--Guidelines for Evaluating Applicants for MMCs Who Have Criminal Convictions
----------------------------------------------------------------------------------------------------------------
                                                                    Assessment periods
                Crime \1\                -----------------------------------------------------------------------
                                                        Minimum                             Maximum
----------------------------------------------------------------------------------------------------------------
                             Assessment Periods for Officer and Rating Endorsements
----------------------------------------------------------------------------------------------------------------
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           5 years...........................  10 years.
     molestation).
    Robbery.............................  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 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\
----------------------------------------------------------------------------------------------------------------
                                       Dangerous Drug Offenses \3\ \4\ \5\
----------------------------------------------------------------------------------------------------------------
Trafficking (sale, distribution,          5 years...........................  10 years.
 transfer).
Dangerous drugs (Use or possession).....  1 year............................  10 years.
Other dangerous drug convictions \6\
----------------------------------------------------------------------------------------------------------------
                                Assessment Periods for Officer Endorsements Only
----------------------------------------------------------------------------------------------------------------
  Criminal Violations of Environmental
                  Laws
----------------------------------------------------------------------------------------------------------------
Criminal violations of environmental      1 year............................  10 years.
 laws involving improper handling of
 pollutants or hazardous materials.
----------------------------------------------------------------------------------------------------------------
                                             Crimes Against Property
----------------------------------------------------------------------------------------------------------------
Burglary................................  3 years...........................  10 years.
Larceny (embezzlement)..................  3 years...........................  5 years.
Other crimes against property \2\
----------------------------------------------------------------------------------------------------------------
\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.

[[Page 116]]


\2\ Other crimes will be reviewed by the Coast Guard 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 (f) of this section. Note: Applicants for
  reissue of an MMC with a new expiration date including a renewal or additional endorsement(s), who have been
  convicted of a dangerous drug offense while holding a license, MMC, MMD, STCW endorsement or COR, may have
  their application withheld until appropriate action has been completed by the Coast Guard under the
  regulations which appear in 46 CFR part 5 governing the administrative actions against merchant mariner
  credentials.
\4\ The Coast Guard may consider dangerous drug convictions more than 10 years old only if there has been
  another dangerous drug conviction within the past 10 years.
\5\ Applicants must demonstrate rehabilitation under paragraph (l) of this section, including applicants with
  dangerous drug use convictions more than 10 years old.
\6\ Other dangerous drug convictions will be reviewed by the Coast Guard on a case by case basis to determine
  the appropriate assessment period depending on the nature of the offense.

    (h) When an applicant has convictions for more than one offense, the
minimum assessment period will be the longest minimum in table 1 to
Sec. 10.211 of this section and table 10.213(c) in Sec. 10.213 based
upon the applicant's convictions; the maximum assessment period will be
the longest shown in table 1 to Sec. 10.211 of this section and table
10.213(c) of Sec. 10.213 based upon the applicant's convictions.
    (i) If a person with a criminal conviction applies before the
minimum assessment period shown in table 1 to Sec. 10.211 of this
section of this section or established by the Coast Guard under
paragraph (g) 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 that are evidence of suitability
for service in the merchant marine are listed in paragraph (l) of this
section. The Coast Guard will consider the applicant's evidence
submitted with the application and may issue the MMC and/or endorsement
in less than the listed minimum assessment period if the Coast Guard is
satisfied that the applicant is suitable to hold the MMC and/or
endorsement 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 Coast Guard.
    (j) If a person with a criminal conviction submits his or her MMC
application during the time between the minimum and maximum assessment
periods shown in table 1 to Sec. 10.211 or established by the Coast
Guard under paragraph (g) of this section, then the Coast Guard will
consider the conviction and, unless there are offsetting factors, will
grant the applicant the MMC and/or endorsement 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 Coast Guard considers the applicant
unsuitable for service in the merchant marine at the time of
application, the Coast Guard may deny the application.
    (k) If a person with a criminal conviction submits his or her MMC
application after the maximum assessment period shown in table 1 to
Sec. 10.211 of this section or established by the Coast Guard under
paragraph (g) of this section has elapsed, then the Coast Guard will
grant the applicant the MMC or endorsement for which he or she has
applied unless the Coast Guard considers the applicant still unsuitable
for service in the merchant marine. If the Coast Guard disapproves an
applicant with a conviction older than the maximum assessment period
listed in table 1 to Sec. 10.211 of this section , the Coast Guard will
notify the applicant in writing of the reason(s) for the disapproval.
The Coast Guard will also inform the applicant, in writing, that the
reconsideration and appeal procedures contained in subpart 1.03 of this
chapter apply.
    (l) If an applicant has one or more alcohol or dangerous drug
related criminal or NDR-listed convictions, if the applicant has ever
been the user of, or addicted to the use of, a dangerous drug, or if the
applicant applies before the minimum assessment period has elapsed for
his or her conviction, the

[[Page 117]]

Coast Guard may consider the following factors, as applicable, in
assessing the applicant's suitability to hold an MMC. This list is
intended as a guide for the Coast Guard. The Coast Guard may consider
other factors 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; and
    (5) Successful completion of all conditions of parole or probation.

[USCG-2006-24371, 74 FR 11216, Mar. 16, 2009, as amended by USCG-2006-
24371, 74 FR 39218, Aug. 6, 2009; USCG-2004-17914, 78 FR 77889, Dec. 24,
2013; USCG-2014-0688, 79 FR 58275, Sept. 29, 2014]



Sec. 10.213  National Driver Register.

    (a) No MMC will be issued as an original or reissued with a new
expiration date, and no new officer endorsement will be issued, 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).
    (b) The Coast Guard will not consider NDR-listed civil convictions
that are more than 3 years old from the date of request unless that
information relates to a current suspension or revocation of the
applicant's license to operate a motor vehicle. The Coast Guard may
determine minimum and maximum assessment periods for NDR-listed criminal
convictions using table 10.213(c) of this section. An applicant
conducting simultaneous MMC transactions is subject to only one NDR
check.
    (c) The guidelines in table 1 to paragraph (c) will be used by the
Coast Guard in evaluating applicants who have drug or alcohol related
NDR-listed convictions. Non-drug or alcohol related NDR-listed
convictions will be evaluated by the Coast Guard under table 1 to Sec.
10.211 of this part as applicable. The Coast Guard may consider non-drug
or alcohol related NDR-listed convictions that are more than 3 years old
from the date of the request when the information relates to a current
suspension or revocation of the applicant's license to operate a motor
vehicle.

  Table 1 to Sec. 10.213(c)--Guidelines for Evaluating Applicants for
MMCs Who Have NDR Motor Vehicle Convictions Involving Dangerous Drugs or
                               Alcohol \1\
------------------------------------------------------------------------
   Number of convictions      Date of conviction     Assessment period
------------------------------------------------------------------------
1.........................  Less than 1 year.....  1 year from date of
                                                    conviction.
1.........................  More than 1, less      Application will be
                             than 3 years.          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  Application will be
                                                    processed.
2 or more.................  Any less than 3 years  1 year since last
                             old.                   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  Application will be
                             old.                   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 must meet the requirements of paragraph (f) of
  this section.
\2\ Suspension or revocation, when referred to in table 10.213, means a
  State suspension or revocation of a motor vehicle operator's license.

    (d) Any application may be denied if information from the NDR check
leads the Coast Guard to determine that the applicant cannot be
entrusted with the duties and responsibilities of the endorsement for
which the application is made. If an application is denied, the Coast
Guard will notify the applicant in writing of the reason(s) for denial

[[Page 118]]

and advise the applicant that the appeal procedures in subpart 1.03 of
part 1 of this chapter apply. No examination will be given pending
decision on appeal.
    (e) Before denying an application because of information received
from the NDR, the Coast Guard 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 processing the application. The Coast
Guard will hold an application with NDR-listed convictions pending the
completion of the evaluation and delivery by the individual of the
underlying State records.
    (f) If an applicant has one or more alcohol or dangerous drug-
related criminal or NDR-listed convictions, if the applicant has ever
been the user of, or addicted to the use of, a dangerous drug, or if the
applicant applies before the minimum assessment period for his or her
conviction has elapsed, the Coast Guard may consider the following
factors, as applicable, in assessing the applicant's suitability to hold
an MMC. This list is intended as a guide for the Coast Guard. The Coast
Guard may consider other factors which it 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; and
    (5) Successful completion of all conditions of parole or probation.

[USCG-2004-17914, 78 FR 77889, Dec. 24, 2013]



Sec. 10.214  Security Check.

    Until April 15, 2009, the Coast Guard may conduct a security check
on an applicant for an MMC, utilizing the criminal record review
discussed in Sec. 10.211 of this part.



Sec. 10.217  Merchant mariner credential application and examination
locations.

    (a) Applicants for an MMC may apply to any of the Regional
Examination Centers (RECs) or any other location designated by the Coast
Guard. Applicants may contact the National Maritime Center at 100 Forbes
Drive, Martinsburg, WV 25404, by telephone 1-888-427-5662 or 304-433-
3400, or by email at [email protected]. A list of locations approved for
application submittal is available through the Coast Guard Web site at
http://www.uscg.mil/nmc.
    (b) Exam Locations. (1) Coast Guard units abroad may conduct exams
for ratings at locations other than the RECs, but are not prepared to
conduct practical examinations.
    (2) The Coast Guard may designate additional exam facilities/
locations to provide services to applicants for MMCs.

[USCG-2004-17914, 78 FR 77890, Dec. 24, 2013]



Sec. 10.219  Fees.

    (a) Use table 1 to Sec. 10.219(a) to calculate the mandatory fees
for MMCs and associated endorsements.

                                        Table 1 to Sec. 10.219(a)--Fees
----------------------------------------------------------------------------------------------------------------
                                                                                And you need
                                                           -----------------------------------------------------
                     If you apply for                                         Examination then
                                                             Evaluation then  the fee is . . .    Issuance then
                                                            the fee is . . .                    the fee is . . .
----------------------------------------------------------------------------------------------------------------
MMC with officer endorsement:
Original:
    Upper level \1\.......................................              $100              $110               $45
    Lower level \2\.......................................               100                95                45
    Renewal...............................................                50                45                45
    Raise of grade........................................               100                45                45
    Modification or removal of limitation or scope........                50                45                45
Radio officer endorsement:
    Original..............................................                50                45                45
    Renewal...............................................                50               n/a                45

[[Page 119]]


Staff officer endorsements:
    Original..............................................                90               n/a                45
    Renewal...............................................                50               n/a                45
MMC with rating endorsement:
    Original endorsement for ratings other than qualified                 95               n/a                45
     ratings..............................................
    Original endorsement for qualified rating.............                95               140                45
    Upgrade or raise of Grade.............................                95               140                45
    Renewal endorsement for ratings other than qualified                  50               n/a                45
     ratings..............................................
    Renewal endorsement for qualified rating..............                50                45                45
    Modification or removal of limitation or scope........                50                45                45
STCW endorsement:
    Original..............................................             (\4\)             (\4\)             (\4\)
    Renewal...............................................             (\4\)             (\4\)             (\4\)
    Reissue, replacement, and duplicate...................               n/a               n/a            \3\ 45
----------------------------------------------------------------------------------------------------------------
\1\ Upper level means credentials authorizing service on vessels of any gross tons/unlimited tonnage or
  unlimited propulsion power.
\2\ Lower level means credentials authorizing service on vessels of less than 1,600 GRT/3,000 GT.
\3\ Duplicate for MMC lost as result of marine casualty_No Fee.
\4\ No Fee.

    (b) Fee payment procedures. Applicants may pay--
    (1) All fees required by this section at the time the application is
submitted; or
    (2) A fee for each phase as follows:
    (i) An evaluation fee when the application is submitted.
    (ii) An examination fee before the first examination section is
taken.
    (iii) An issuance fee before issuance of the MMC.
    (c) If the examination is administered at a place other than a
Regional Examination Center (REC), the examination fee must be paid to
the REC at least one week before the scheduled examination date.
    (d) Unless the Coast Guard provides additional payment options, fees
must be paid as follows:
    (1) Fee payments must be for the exact amount.
    (2) Fee payments may be made by electronic payment in a manner
specified by the Coast Guard. For information regarding current forms of
electronic payment, go to the National Maritime Center's (NMC) Web site,
www.uscg.mil/nmc. To assist with the automation of mariner credential
applications, applicants are encouraged to pay the fees electronically.
    (3) Payments may be made by cash, check, money order, or credit
card.
    (4) Payments submitted by mail may not be made in cash. Mailed
payments should specify the type of credential sought and the type of
fee (e.g., evaluation, examination, issuance) being paid. The address
for sending payment by mail can be found at the NMC Web site,
www.uscg.mil/nmc.
    (5) Checks or money orders must be made payable to the U.S. Coast
Guard, and the full legal name and last four digits of applicant's
social security number must appear on the front of each check or money
order.
    (e) Unless otherwise specified in this part, when two or more
endorsements are processed on the same application the fees will be as
follows:
    (1) Evaluation fees. If an applicant simultaneously applies for a
rating endorsement and a deck or engineer officer's endorsement, only
the evaluation fee for the officer's endorsement will be charged. If an
applicant simultaneously applies for a staff officer or radio officer
endorsement along with the deck or engineer officer endorsement, only
the evaluation fee for the deck or engineer officer's endorsement will
be charged. No evaluation fee is charged for an STCW endorsement.
    (2) Examination fees. One examination fee will be charged for each
exam or series of exams for an original, raise of grade, or renewal of
an endorsement on an MMC taken within 1 year from the date of the
application approval. An examination fee will also be charged to process
an open-book exercise used to

[[Page 120]]

renew an MMC. If an officer endorsement examination under part 11 of
this chapter also fulfills the examination requirements in part 12 of
this chapter for rating endorsements, only the fee for the officer
endorsement examination is charged.
    (3) Issuance fees. Only one issuance fee will be charged for each
MMC issued, regardless of the number of endorsements placed on the
credential. There is no fee for a Document of Continuity.
    (f) The Coast Guard may assess additional charges to anyone to
recover collection and enforcement costs associated with delinquent
payments or failure to pay a fee. The Coast Guard will not provide
credentialing services to a mariner who owes money for credentialing
services previously provided.
    (g) Anyone who fails to pay a fee or charge established under this
section is liable to the United States Government for a civil penalty of
not more than $6,500 for each violation.
    (h) No-fee MMC for certain applicants. For the purpose of this
section, a no-fee MMC applicant is a person who is a volunteer or a
part- or full-time employee of an organization that is--
    (1) Charitable in nature;
    (2) Not for profit; and
    (3) Youth oriented.
    (i) Determination of eligibility. (1) An organization may submit a
written request to U.S. Coast Guard National Maritime Center, 100 Forbes
Drive, Martinsburg, WV 25404, in order to be considered an eligible
organization under the criteria set forth in paragraph (h) of this
section. With the written request, the organization must provide
evidence of its status as a youth-oriented, not-for-profit, charitable
organization.
    (2) The following organizations are accepted by the Coast Guard as
meeting the requirements of paragraph (h) 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.
    (j) A letter from an organization determined eligible under
paragraph (h) of this section must also accompany the person's MMC
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 will then be eligible
under this section to obtain a no-fee MMC if other requirements for the
MMC are met.
    (k) An MMC issued to a person under paragraph (h) of this section
will be endorsed restricting its use to vessels owned or operated by the
sponsoring organization.
    (l) The holder of a no-fee MMC issued under paragraph (h) of this
section may have the restriction removed by paying the appropriate
evaluation, examination, and issuance fees that would have otherwise
applied.

[USCG-2004-17914, 78 FR 77890, Dec. 24, 2013]



Sec. 10.221  Citizenship.

    (a)(1) MMCs with officer Endorsements. Only individuals with valid
U.S. citizenship may apply for officer endorsements, except individuals
applying for endorsements as operators of uninspected passenger vessels
authorizing service on undocumented vessels in accordance with Sec.
11.201(d) of this subchapter.
    (2) All other MMCs. All other applicants, except as noted in Sec.
12.809 of this subchapter, must be either:
    (i) A citizen of the United States;
    (ii) An alien, as defined under section 101(a)(3) of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) (the Act), who is lawfully
admitted to the United States for permanent residence, as defined by
section 101(a)(20) of the Act.; or
    (iii) A foreign national who is enrolled in the United States
Merchant Marine Academy (USMMA).
    (b) Beginning April 15, 2009, proof of citizenship or alien status
must be submitted to the Transportation Security Administration (TSA)
with the applicant's TWIC application in accordance with 49 CFR
1572.17(a)(11). Until April 15, 2009, proof of citizenship or alien
status must be submitted by appearing at a Regional Exam Center.
    (c) TSA and the Coast Guard may reject any evidence of citizenship
that is

[[Page 121]]

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) If the individual is applying for an officer endorsement (with
the exception of those applying for an MMC endorsed only as Operator of
an Uninspected Passenger Vehicle (OUPV) of an undocumented vessel), the
individual must provide an original of any one of the following
documents:
    (i) Certified copy of a birth certificate, issued by a State,
county, municipality or outlying possession of the U.S. bearing an
official seal;
    (ii) U.S. passport (expired or unexpired);
    (iii) Certificate of Citizenship issued by U.S. Citizenship and
Immigration Services or the Immigration and Naturalization Service;
    (iv) Certificate of Naturalization issued by U.S. Citizenship and
Immigration Services or the Immigration and Naturalization Service; or
    (v) Merchant mariner's document issued by the Coast Guard after
February 3, 2003, that shows that the holder is a citizen of the United
States.
    (2) If the individual is applying for a rating endorsement and they
hold one of the documents listed in paragraph (c)(1)(i) through (v) of
this section, these documents are also acceptable as evidence of
citizenship. If the individual does not hold any one of those documents
listed in paragraph (c)(1)(i) through (v), the individual must provide
an original unexpired foreign passport and an original of any one of the
following documents:
    (i) Permanent resident card (form I-551) issued by U.S. Citizenship
and Immigration Services bearing the certification that the alien was
admitted to the United States as an immigrant,
    (ii) A declaration of intention to become a citizen of the United
States issued by a naturalization court; or
    (iii) A certificate issued by the consular representative of the
country of which the alien is a citizen or subject.
    (3) If the individual is the holder of or applying for a rating
endorsement and the individual does not hold any of the documents listed
in paragraphs (c)(1) or (2) of this section, proof of enrollment in the
United States Merchant Marine Academy (USMMA) in the form of an original
letter from the USMMA, signed by the Superintendent attesting to the
individual's enrollment along with an unexpired foreign passport issued
by the government of the country in which the alien is a citizen or
subject, with a valid U.S. visa affixed to the passport, will be
acceptable evidence of lawful status in the United States.
    (4) If the individual is applying for an MMC endorsed only as OUPV
of an undocumented vessel, the individual must provide an original of
any one of the documents enumerated in paragraphs (c)(1)(i) through (v)
or (c)(2)(i) or (ii) of this section, or proof of acceptable alien
status as provided in 49 CFR 1572.105.

[USCG-2006-24371, 74 FR 11216, Mar. 16, 2009, as amended by USCG-2004-
17914, 78 FR 77892, Dec. 24, 2013]



Sec. 10.223  Modification or removal of limitations or scope.

    (a) If the Coast Guard 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 MMC held,
any limitations that were previously placed upon the MMC by the Coast
Guard may be changed or removed. Such an increase in scope may include a
change in horsepower or tonnage limitations, or geographic route
restrictions.
    (b) Modifications or removal of limitations or scope to MMC
endorsement(s) under this section will not change the expiration date of
the mariner's MMC unless the applicant renews all endorsements that
would appear on the MMC under Sec. 10.227 of this part.
    (c) A complete application for modification or removal of limitation
of scope must contain the following:
    (1) A completed signed application;
    (2) Proof that the mariner either holds a valid TWIC or has applied
for a TWIC.
    (3) All supplementary materials required to show that the mariner
meets the mandatory requirements for the transaction sought:

[[Page 122]]

    (i) The mandatory requirements for officer endorsements are
contained in part 11 of this subchapter.
    (ii) The mandatory requirements for rating endorsements are
contained in part 12 of this subchapter.
    (iii) The mandatory requirements for tankerman rating endorsements
are contained in part 13 of this subchapter.
    (iv) The mandatory requirements for STCW endorsements are contained
in parts 11, 12, and 13 of this subchapter.
    (4) The appropriate fee as set forth in Sec. 10.219 of this part;
and
    (5) Any uncanceled MMD, MMC, license, STCW endorsement, or COR held
by the applicant. If one or more of these credentials are still valid at
the time of application, a photocopy, front and back of all pages, and
all attachments, will satisfy this requirement. If the applicant submits
a photocopy, upon the issuance of the new MMC, the applicant must
surrender the old, original credential to the Coast Guard. If requested
in writing at the time of submission, the old MMD, MMC, license, COR, or
STCW endorsement may be returned to the applicant after cancellation.
    (d) No limitation on any endorsement may be changed before the
applicant has made up any deficiency in the experience prescribed for
the endorsement or endorsement desired and passed any necessary
examination.

[USCG-2006-24371, 74 FR 11216, Mar. 16, 2009, as amended by USCG-2004-
17914, 78 FR 77892, Dec. 24, 2013]



Sec. 10.225  Requirements for original merchant mariner credentials.

    (a) An applicant must apply as an original if the MMC sought is--
    (1) The first credential issued to the applicant;
    (2) The first credential issued to applicants after their previous
credential has expired beyond the grace period and they do not hold a
Document of Continuity under Sec. 10.227(g) of this part or an
equivalent unexpired continuity endorsement on their license or MMD; or
    (3) The first credential issued to applicants after their previous
credential was revoked pursuant to Sec. 10.235 of this part.
    (b) A complete application for an original MMC must contain the
following, except as otherwise noted in Sec. 10.227(i) of this subpart:
    (1) A completed, signed application.
    (2) Proof that the mariner either holds a valid TWIC or has applied
for a TWIC.
    (3) All supplementary materials required to show that the mariner
meets the mandatory requirements for all endorsements sought as follows:
    (i) The mandatory requirements for officer endorsements are
contained in part 11 of this subchapter.
    (ii) The mandatory requirements for rating endorsements are
contained in part 12 of this subchapter.
    (iii) The mandatory requirements for tanker rating endorsements are
contained in part 13 of this subchapter.
    (iv) The mandatory requirements for STCW endorsements are contained
in parts 11, 12, and 13 of this subchapter.
    (4) The appropriate fee as set forth in Sec. 10.219 of this part.
    (5) Evidence of having passed a chemical test for dangerous drugs or
of qualifying for an exemption from testing in Sec. 16.220 of this
subchapter.
    (6) Where sea service is required, documentary evidence in
accordance with Sec. 10.232 of this part.
    (7) Proof, documented on CG-719-K or CG-719-K/E, as appropriate,
that the applicant passed all applicable vision, hearing, medical, and/
or physical exams as required by subpart C of this part or a valid
medical certificate issued by the Coast Guard.
    (8) Consent to a Coast Guard check of the NDR for offenses described
in section 205(a)(3)(A) or (B) of the National Driver Register Act of
1982, as amended.
    (9) The oath as required in paragraph (c) of this section.
    (c) Oath. Every person who receives an original MMC must first take
an oath, before an official authorized to give such an oath, 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. An oath
may be administered by any Coast Guard-designated individual or any
person legally permitted

[[Page 123]]

to administer oaths in the jurisdiction where the person taking the oath
resides. An oath administered at a location other than the Coast Guard
must be verified in writing by the administering official and submitted
to the same Regional Examination Center (REC) where the applicant
applied for his or her MMC. This oath remains binding for any
subsequently issued MMC and endorsements added to the MMC, unless
specifically renounced in writing.

[USCG-2004-17914, 78 FR 77892, Dec. 24, 2013]



Sec. 10.227  Requirements for renewal.

    (a) Except as provided in paragraph (g) of this section, an
applicant for renewal of a credential must establish possession of all
of the necessary qualifications before the MMC will be renewed.
    (b) A credential may be renewed at any time during its validity and
for 1 year after expiration.
    (c) No credential will be renewed if it has been suspended without
probation or revoked as a result of action under part 5 of this chapter
or if facts that would render a renewal improper have come to the
attention of the Coast Guard.
    (d) Except as provided in paragraph (g) of this section, a complete
application for renewal must contain the following:
    (1) A completed, signed application.
    (2) Proof that the mariner either holds a valid TWIC or has applied
for a TWIC.
    (3)The appropriate fee as set forth in Sec. 10.219 of this part.
    (4) Any uncanceled MMD, MMC, license, STCW endorsement, Certificate
of Registry (COR), or Document of Continuity held by the applicant. If
one or more of these credentials are still valid at the time of
application, a photocopy--front, back, and all attachments--will satisfy
this requirement.
    (5) Evidence of having passed a chemical test for dangerous drugs or
of qualifying for an exemption from testing in Sec. 16.220 of this
subchapter.
    (6) Applicants seeking a national endorsement must either hold an
unexpired medical certificate or submit a medical certificate
application.
    (7) Consent to a Coast Guard check of the NDR for offenses described
in section 205(a)(3)(A) or (B) of the National Driver Register Act of
1982, as amended.
    (e) Except as provided in paragraph (e)(8) of this section and 46
CFR 13.120, the applicant must meet the following professional
requirements for renewal:
    (1) The applicant must either--
    (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;
    (iv) Provide evidence of employment as a qualified instructor or 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 or officer
endorsement with this type of employment must also demonstrate knowledge
on an applicable Rules of the Road open-book exercise; or
    (v) Provide evidence of being a qualified instructor who has taught
a Coast Guard-approved or -accepted course relevant to the endorsement
or credential being applied for, at least twice within the past 5 years,
therefore meeting the standards needed to receive a course completion
certificate for that course.
    (2) The qualification requirements for renewal of radar observer
endorsement as contained in Sec. 11.480 of this subchapter.
    (3) Additional qualification requirements for renewal of an officer
endorsement as first-class pilot as contained in Sec. 11.713 of this
subchapter.
    (4) An applicant for renewal of a radio officer's endorsement must,
in addition to meeting the requirements of this section, present a copy
of a currently valid license as first- or second-class radiotelegraph
operator issued by the Federal Communications Commission.
    (5) An applicant for renewal of an endorsement as medical doctor or
professional nurse must, in addition to meeting the requirements of this
section, present evidence that he or she holds a

[[Page 124]]

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. Any such renewal will retain the limitations placed upon the
medical license by the issuing body. There are no professional
requirements for renewal of an endorsement as marine physician assistant
or hospital corpsman.
    (6) An applicant for renewal of an endorsement as master or mate
(pilot) of towing vessels, in addition to the other requirements in this
paragraph, must also submit satisfactory evidence of--
    (i) Having completed a practical demonstration of maneuvering and
handling a towing vessel to the satisfaction of a designated examiner;
or
    (ii) Ongoing participation in training and drills during the
validity of the license or MMC being renewed.
    (7) An applicant seeking to renew a tankerman endorsement must meet
the additional requirements listed in Sec. 13.120 of this subchapter.
    (8) There are no professional requirements for renewal for the
following endorsements:
    (i) Staff officers (all types).
    (ii) Ordinary seaman.
    (iii) Wiper.
    (iv) Steward's department.
    (v) Steward's department (F.H.).
    (vi) Cadet.
    (vii) Student observer.
    (viii) Apprentice engineer.
    (ix) Apprentice mate (issued under part 12 of this subchapter).
    (x) Person in charge of medical care.
    (xi) Medical first-aid provider.
    (xii) GMDSS at-sea maintainer.
    (xiii) GMDSS operator.
    (f) Except as otherwise provided, each candidate for a renewal of an
STCW endorsement must meet the applicable requirements of part 11,
subpart C, and/or part 12, subpart F.
    (g) Document of Continuity. (1) Applicants for renewal of national
endorsements, who are unwilling or otherwise unable to meet the
requirements of paragraph (d) of this section, including but not limited
to the medical and physical standards of subpart C of this part,
suitability standards of Sec. 10.211 of this part, drug tests,
professional requirements, and TWIC, may apply for a Document of
Continuity issued by the Coast Guard. Documents of Continuity do not
expire and are issued solely to maintain an individual's eligibility for
renewal. A Document of Continuity does not entitle an individual to
serve as a merchant mariner. A holder of a Document of Continuity may
obtain a properly endorsed, valid MMC at any time by satisfying the
requirements for renewal as provided in paragraphs (d), (e), or (f) of
this section as applicable. When a valid MMC is issued to replace a
previously held Document of Continuity, the previously issued Document
of Continuity becomes void.
    (2) Applications for a Document of Continuity must include the
following:
    (i) The endorsements to be placed into continuity.
    (ii) An application including a signed statement from the applicant
attesting to an awareness of the limited purpose of the Document of
Continuity, his or her inability to serve, and the requirements to
obtain an MMC.
    (3) If not all MMC endorsements are to be converted into a Document
of Continuity, a new MMC will be issued with the active endorsements.
Once the new MMC and/or Document of Continuity is issued the previous
MMC is no longer valid and must be returned to the Coast Guard.
    (4) STCW endorsements may not be placed in continuity. If an
individual continues to maintain a valid MMC while placing specific
national endorsements into continuity, those STCW endorsements
associated with the national endorsements that were placed in continuity
are no longer valid.
    (5) No credential expired beyond the 12-month administrative grace
period in paragraph (h) of this section can be converted into a Document
of Continuity.
    (6) A holder of a Document of Continuity may obtain a properly
endorsed, valid MMC, including STCW endorsements, at any time by
satisfying the requirements for renewal as provided in paragraphs (d)
and (f) of this section.
    (h) Administrative grace period. A credential may be renewed up to
12 months after expiration. For a credential to be re-issued by the
Coast Guard

[[Page 125]]

more than 12 months after its expiration, an applicant must comply with
the requirements of paragraph (i) of this section. When an applicant's
credential 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 expiration which precluded renewal may be added to the 12-month
grace period. The 12-month grace period and any extensions do not affect
the expiration date of the credential. A license, MMD, COR, STCW
endorsement, MMC, and any endorsements thereon, are not valid for use
after the expiration date.
    (i) Re-issuance of expired credentials. (1) If an applicant applies
for re-issuance of an endorsement as deck officer, engineer officer, or
qualified rating more than 12 months after its expiration, instead of
the requirements of paragraph (e) of this section, the applicant must
demonstrate continued professional knowledge by completing a course
approved for this purpose, or by passing the complete examination for
original issue of the endorsement. The examination may be oral-assisted
if the expired credential was awarded based on the results of an oral
exam. The fees set forth in Sec. 10.219 of this part apply to these
examinations. In the case of an expired radio officer's endorsement, the
endorsement may be issued upon presentation of a valid first- or second-
class radiotelegraph operator license issued by the Federal
Communications Commission.
    (2) An endorsement for chief purser, purser, senior assistant
purser, junior assistant purser, hospital corpsman, marine physician
assistant, medical doctor, or professional nurse that has been expired
for more than 12 months must be renewed in the same way as a current
endorsement of that type. There are no additional requirements for re-
issuing endorsements for chief purser, purser, senior assistant purser,
junior assistant purser, hospital corpsman, marine physician assistant,
medical doctor, or professional nurse that have been expired for more
than 12 months.
    (3) Applicants applying for re-issuance of an endorsement as master
or mate (pilot) of towing vessels more than 12 months after expiration
of the previous endorsement must complete the practical demonstration of
maneuvering and handling a towing vessel required under (e)(6)(i) of
this section.
    (4) Applicants applying for re-issuance of an endorsement as any
tankerman rating more than 12 months after expiration of the previous
endorsement must meet the requirements in Sec. 13.117 of this
subchapter.

[USCG-2004-17914, 78 FR 77892, Dec. 24, 2013]



Sec. 10.229  Replacement of lost merchant mariner credentials.

    (a) Upon request and without examination, a mariner may be issued a
duplicate credential and medical certificate after submitting an
application with an affidavit describing the circumstances of the loss.
The Coast Guard will only issue the duplicate credential, MMC and/or
medical certificate, after confirming the validity of the mariner's
credentials and the validity of the mariner's TWIC.
    (b) The duplicate credential will have the same authority, wording,
and expiration date as the lost credential. The duplicate issued will be
in the form of an MMC. Until April 15, 2014, if a mariner seeks a
duplicate of more than one credential, the MMC issued will reflect
endorsements for all credentials lost, and the expiration date will
match the earliest expiration date of the credentials lost.
    (c) If a person loses a credential by shipwreck or other casualty, a
duplicate credential will be issued free of charge. The term ``other
casualty'' includes any damage to a ship caused by collision, explosion,
tornado, wreck, flooding, beaching, grounding, or fire; or personal loss
associated with a federally declared natural disaster.
    (d) If a person loses a credential by means other than those noted
in paragraph (c) of this section and applies for a duplicate, the
appropriate fee set out in Sec. 10.219 of this part must be paid.
    (e) No application from an alien for a duplicate credential will be
accepted unless the alien complies with the requirements of Sec. 10.221
of this part.

[[Page 126]]

    (f) Applications for duplicate credentials will not be subject to a
criminal record review.

[USCG-2006-24371, 74 FR 11216, Mar. 16, 2009, as amended by USCG-2004-
17914, 78 FR 77894, Dec. 24, 2013]



Sec. 10.231  Requirements for raises of grade or new endorsements.

    (a) This section applies to applicants who already hold a valid
credential and want to make either of the following transactions:
    (1) Add a new endorsement.
    (2) Obtain a raise of grade of an existing endorsement.
    (b) If an applicant for new endorsement or raise of grade meets the
renewal requirements under Sec. 10.227 of this subpart for every
endorsement listed on the MMC and requests renewal, the applicant will
receive a credential valid for 5 years. When an applicant does not meet
the renewal requirements for every endorsement held, the applicant's new
endorsement will be issued with the expiration date that is the same as
the current MMC.
    (c) A complete application for a new endorsement or raise of grade
must contain the following:
    (1) A completed, signed application.
    (2) Proof that the mariner either holds a valid TWIC or has applied
for a TWIC.
    (3) All supplementary materials required to show that the mariner
meets the mandatory requirements for the new endorsements sought as
follows:
    (i) The mandatory requirements for officer endorsements as contained
in part 11 of this subchapter and paragraph (d) of this section.
    (ii) The mandatory requirements for rating endorsements as contained
in part 12 of this subchapter.
    (iii) The mandatory requirements for tankerman rating endorsements
are contained in part 13 of this subchapter.
    (iv) The mandatory requirements for STCW endorsements as contained
in parts 11, 12, and 13 of this subchapter.
    (4) The appropriate fee as contained in Sec. 10.219 of this part.
    (5) Any uncanceled MMD, MMC, license, STCW endorsement, or COR held
by the applicant. If one or more of these credentials are still valid at
the time of application, a photocopy--front, back, and all attachments--
will satisfy this requirement.
    (6) Applicants for the following endorsements must produce evidence
of having passed a chemical test for dangerous drugs or of qualifying
for an exemption from testing in Sec. 16.220 of this subchapter:
    (i) Any officer endorsement.
    (ii) The first endorsement as able seaman, lifeboatman, lifeboatman-
limited, qualified member of the engine department, or tankerman.
    (7) Where sea service is required, documentary evidence in
accordance with Sec. 10.232 of this part.
    (8) Applicants seeking a new endorsement must either hold an
unexpired medical certificate or submit a medical certificate
application.
    (9) Consent to a Coast Guard check for offenses described in section
205(a)(3)(A) or (B) of the National Driver Register Act of 1982, as
amended.
    (d) Additional requirements for an applicant seeking a raise of
grade of an officer endorsement are as follows:
    (1) Sea service acquired before the issuance of an officer
endorsement is generally not accepted as any part of the service
required for a raise of grade of that endorsement. However, service
acquired before issuance of an officer endorsement will be accepted for
certain crossovers, endorsements, or increases in scope of an MMC, as
appropriate. In the limited tonnage categories for deck officers, total
accumulated service is a necessary criterion for most raises of grade;
therefore, service acquired before the issuance of such officer
endorsements will be accepted.
    (2) An applicant remains eligible for a raise of grade while on
probation as a result of action under part 5 of this chapter. A raise of
grade issued to a person on probation will be subject to the same
probationary conditions imposed against his or her other credentials.
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
endorsement applied for. No applicant will be examined for a raise of
grade during any period when a suspension without probation or a
revocation imposed under part 5 of this chapter is effective

[[Page 127]]

against his or her credential or while an appeal from these actions is
pending.
    (3) Professional examination. (i) When the Coast Guard finds an
applicant's experience and training for raise of grade is satisfactory,
and the applicant is eligible in all other respects, the Coast Guard
will authorize a professional examination.
    (ii) Oral-assisted examinations may be administered in accordance
with Sec. 11.201(j) of this subchapter.
    (iii) The general instructions for administration of examinations
and the lists of subjects for all endorsements are found in part 11,
subpart I; part 12, subpart E; and part 13, subpart A of this
subchapter.

[USCG-2004-17914, 78 FR 77894, Dec. 24, 2013]



Sec. 10.232  Sea service.

    (a) Documenting sea service. (1) Sea service may be documented in
various forms such as certificates of discharge, pilotage service and
billing forms, and service letters or other official documents from
marine companies signed by the owner, operator, master, or chief
engineer of the vessel. The Coast Guard must be satisfied as to the
authenticity and acceptability of all evidence of experience or training
presented.
    (2) Documentary evidence produced by the applicant, unless in the
form of a Certificate of Discharge conforming to Sec. 14.307 of this
subchapter, must contain all of the following information:
    (i) Vessel name(s) and official numbers listed on the registration,
certificate, or document issued.
    (ii) Gross tonnage of the vessel.
    (iii) Propulsion power and mode of propulsion of the vessel.
    (iv) The amount and nature (e.g. chief mate, assistant engineer,
etc.) of the applicant's experience.
    (v) Applicable dates of service for each vessel, and the ports or
terminals if applicable.
    (vi) The routes upon which the experience was acquired.
    (vii) For those seeking service credit on towing vessels in
accordance with Sec. 11.211(e) of this subchapter, the aggregate
tonnage of the tug and barges during the mariner's service.
    (viii) Any other information necessary to determine the
applicability of STCW to the vessel.
    (ix) Whether the vessel is manned and equipped in accordance with
SOLAS.
    (x) Where required for an officer endorsement, time served as bridge
watchkeeping or engine watchkeeping duties under the supervision of a
qualified officer.
    (3) An MMC endorsement, in certain cases, may be considered as
satisfactory evidence of any qualifying experience for obtaining other
endorsements.
    (4) For service on vessels of less than 200 GRT, owners of vessels
may attest to their own service and provide proof of ownership. Those
who do not own a vessel must obtain letters or other evidence from
licensed personnel or the owners of the vessels listed.
    (5) If the required sea service is associated with watchkeeping
functions and the performance of duties, as required in Sec. Sec.
11.323, 11.329, and 11.333, the service must be documented as having
been carried out under the direct supervision of the appropriate person.
If the required sea service is associated with the performance of
duties, as required in Sec. Sec. 11.470, 11.472, and 11.474, the
service must be documented as having been carried out under the
supervision of the appropriate person.
    (6) An applicant who has been acting as a pilot may submit a letter
from a pilot's association attesting to the applicant's sea service.
Pilots not part of an association may submit other relevant records
indicating service, such as billing forms. For a raise-of-grade, pilots
must comply with the requirements of paragraph (a)(2) of this section.
    (b) Service toward an oceans, near-coastal, or STCW endorsement will
be credited as follows:
    (1) Service on the Great Lakes will be credited on a day-for-day
basis up to 100 percent of the total required service.
    (2) Service on inland waters, other than Great Lakes, that are
navigable waters of the United States, will be credited on a day-for-day
basis for up to 50 percent of the total required service.

[[Page 128]]

    (3) Service on vessels to which STCW applies, whether inland or
coastwise, will be credited on a day-for-day basis. For establishing
credit for sea service, the waters of the Inside Passage between Puget
Sound and Cape Spencer, Alaska will be credited for a near-coastal and
STCW endorsement.
    (c) Service toward a near-coastal or a Great Lakes endorsement will
be credited on a day-for-day basis and in accordance with the individual
requirements for the specific credential.
    (d) Sea service as a member of the Armed Forces of the United States
and civilian service on vessels owned by the United States as required
experience. (1) Sea service as a member of the Armed Forces of the
United States will be accepted as required experience for an original,
raise of grade, renewal, or increase in scope of all endorsements. 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 or history
of assignments as verification of the service claimed when the
application is submitted. A DD-214 is not acceptable evidence of sea
service. The applicant must also provide the Coast Guard with other
necessary information as to tonnage, routes, propulsion power,
percentage of time underway, and assigned duties upon the vessels on
which he or she served. Such service will be evaluated by the Coast
Guard for a determination of its equivalence to sea service acquired on
merchant vessels and the appropriate grade, class, and limit of
endorsement for which the applicant is eligible. Normally, 60 percent of
the total time onboard 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 endorsement, the applicant must have acquired military service
in the capacity of commanding officer or engineer officer, respectively.
    (2) Applicants for management-level, operational-level or support-
level STCW endorsements must demonstrate competence in accordance with
part 11, subpart C; part 12, subpart F; and part 13, subpart F of this
subchapter.
    (3) Service in deck ratings on military vessels such as seaman
apprentice, seaman, boatswain's mate, quartermaster, or Radarman/
Operations Specialist are considered deck service for the purposes of
this part. 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 the purposes of this part. 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.
    (4) In addition to service on vessels that get underway regularly,
members of the Armed Forces may obtain creditable service for assignment
to vessels that get underway infrequently, such as tenders and repair
vessels. Normally, a 25-percent factor is applied to these time periods.
This experience can be equated with general shipboard familiarity,
training, ship's business, and other related duties.
    (5) Sea service obtained on submarines is creditable, as if it were
surface vessel service, for deck and engineer officer and qualified
ratings endorsements under the provision of paragraph (a) of this
section. For application for deck officer and qualified ratings
endorsements, submarine service may be creditable if at least 25 percent
of all service submitted for the endorsement was obtained on surface
vessels (e.g. if 4 years' total service were submitted for an original
officer endorsement, at least 1 year must have been obtained on surface
craft in order for the submarine service to be eligible for evaluation).
    (6) 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 or officer
endorsement as master, mate, engineer, or pilot was

[[Page 129]]

not required at the time of such service, will be evaluated by the Coast
Guard for a determination of equivalence.
    (e) Sea service on vessels that do not get underway. This
requirement applies to service obtained on vessels mandated by the
Certificate of Inspection (COI) which are in operation but do not get
underway or occasionally get underway for short voyages. Service while
the vessel is not underway must be credited as follows:
    (1) Engineering department. Service may be credited day-for-day for
up to 50 percent of the service credit for renewal, raise in grade, and
original issue for each day the engineering plant is operational.
    (2) Deck department. Service may be credited as follows:
    (i) Original issue and raise in grade. Service is creditable on a 3-
for-1 basis (12 months of experience equals 4 months of creditable
service) for up to 6 months of service credit.
    (ii) Renewal. Service in any capacity in the deck department is
creditable as closely related service under Sec. 10.227(e)(1)(iv). When
submitted in combination with underway service, service is creditable on
a 3-for-1 basis (12 months of experience equals 4 months of creditable
service) for up to 6 months of service credit.
    (f) Foreign sea service. (1) Experience and service acquired on
foreign vessels is creditable for establishing eligibility for an
original or renewal of an officer, rating, or STCW endorsement, subject
to evaluation by the Coast Guard 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. This experience and service is also creditable to
meet recency requirements.
    (2) Experience and service acquired on foreign vessels while holding
a valid U.S. endorsement is creditable for establishing eligibility for
a raise of grade of an officer, rating, or STCW endorsement, subject to
evaluation as specified in paragraph (d)(1) of this section. This
experience and service is also creditable to meet recency requirements.
    (3) An applicant who has obtained qualifying experience on foreign
vessels must submit satisfactory documentary evidence of such service
(including any necessary official translation to the English language)
in accordance with paragraph (a)(1) and (a)(2) of this section.
    (g) Closely related service. The Coast Guard may accept evidence of
employment in a position closely related to the operation, construction,
or repair of vessels (either deck or engineer as appropriate) as meeting
the sea service requirements for renewal under Sec. 10.227(e)(1)(iv).
Service as port engineer, port captain, shipyard superintendent,
qualified instructor, or similar related service may be creditable for
service for raise of grade of an engineer or deck officer endorsement;
however, it may not be used for obtaining an original management-level
endorsement. The service is creditable as follows:
    (1) Port engineer, port captain or shipyard superintendent
experience is creditable on a 3-for-1 basis for a raise of grade (e.g.,
12 months of experience equals 4 months of creditable service). For a
raise-of-grade, this credit is limited to 6 months of service.
    (2) Service as a qualified instructor in a Coast Guard approved
course or a training program is creditable on a 2-for-1 basis for a
raise of grade (e.g., 12 months of experience equals 6 months of
creditable service). For a raise-of-grade, this credit is limited to 6
months of service.
    (h) Day. (1) Except as noted otherwise, for the purpose of
calculating service in this subchapter, a day is equal to 8 hours of
watchstanding or day-working not to include overtime.
    (2) On vessels authorized by 46 U.S.C. 8104 and 46 CFR 15.705, to
operate a two-watch system, a 12-hour working day may be creditable
as1\1/2\ days of service.
    (3) On vessels of less than 100 GRT, a day is considered as 8 hours
unless the Coast Guard determines that the vessel's operating schedule
makes this criterion inappropriate; in no case will this period be less
than 4 hours.
    (4) When computing service on MODUs for any endorsement, a day of
MODU service must be a minimum of 4

[[Page 130]]

hours, and no additional credit is received for periods served over 8
hours.
    (5) For cadet service on a training ship furnished by the Maritime
Administration under 46 CFR 310.4, a day may be creditable as 1\1/2\
days of service.
    (i) Tonnage equivalency. For the purpose of parts 10, 11 and 12, 200
GRT will be considered equivalent to 500 GT, and 1,600 GRT will be
considered equivalent to 3,000 GT.

[USCG-2004-17914, 78 FR 77894, Dec. 24, 2013]



Sec. 10.233  Obligations of the holder of a merchant mariner credential.

    (a) The holder of a credential may not voluntarily part with it or
place it beyond his or her personal control by pledging or depositing it
with any other person, except as required by regulation or as necessary
to safeguard the credential. If the holder violates this section, the
Coast Guard may pursue suspension or revocation of the license, MMD,
COR, or MMC under the provisions of part 5 of this chapter.
    (b) Whenever a mariner loses a credential, he or she must
immediately report the loss to the Coast Guard. The report must be made
in writing, giving the facts incident to its loss.
    (c) Invalid credentials must be returned to the Coast Guard. Upon
written request, the Coast Guard will return the cancelled credential to
the mariner.



Sec. 10.235  Suspension or revocation of merchant mariner credentials.

    (a) Any MMC or endorsement is subject to suspension or revocation on
the same grounds, in the same manner, and with like procedure as
provided in 46 U.S.C. chapter 77.
    (b) When any individual's credential is revoked, it is no longer
valid for any purpose, and any MMC subsequently requested must be
applied for as an original following the procedures of Sec. Sec. 5.901-
5.905 of this subchapter. When an endorsement on an individual's MMC is
revoked, it is no longer valid, and any endorsement of the same type
subsequently requested must be applied for as an original following the
procedures of Sec. Sec. 5.901-5.905 of this subchapter. When an
officer's endorsement is revoked, the Coast Guard will issue an MMC
containing any rating endorsement for which the holder is qualified.
    (c) An applicant who has had a TWIC, credential, or endorsement
revoked, and who is applying for a subsequent MMC or endorsement, must
state in his or her application the date of revocation, the serial
number of the document revoked, and the type of document or endorsement
revoked.
    (d) A person whose credential or endorsement has been revoked or
suspended without probation may not be issued a replacement credential
or endorsement without approval of the Commandant. If a mariner has
multiple endorsements and one or more, but not all, of those
endorsements are suspended or revoked, he or she will be issued, without
payment of a fee, a replacement MMC reflecting those endorsements for
which the mariner remains qualified.
    (e) When a credential or endorsement that is about to expire has
been suspended, without probation, the renewal of the credential or
endorsement will be withheld until expiration of the suspension period.
    (f) When applying for an original endorsement on an MMC, pursuant to
paragraph (d) of this section, an individual's existing service and
training may be considered by the Coast Guard when determining the grade
of the endorsement to be issued.
    (g) An applicant for renewal or return of a credential with
endorsement as master or mate (pilot) of towing vessels whose most
recent credential has been suspended or revoked by an administrative law
judge for incompetence must complete the practical demonstration
required under Sec. 10.227(e)(6)(i) of this subpart.
    (h) If the Coast Guard is advised by the Transportation Security
Administration (TSA) that a mariner has either been denied a TWIC or
their TWIC has been revoked, the Coast Guard may initiate suspension and
revocation action against the mariner's MMC, license, MMD, and COR under
46 U.S.C. 7702 and 7703. During the subsequent suspension and revocation
proceeding, the TSA decision to deny issuance of, or to revoke, a
mariner's TWIC will not be subject to review, and the mariner's failure
to hold a TWIC will be treated

[[Page 131]]

by the Coast Guard as proof that the mariner is not eligible for an MMC,
license, MMD or COR.
    (i) A mariner that has either been denied issuance of a TWIC or
whose TWIC has been revoked for a reason, other than administrative
reasons (e.g., being lost or stolen, not functioning, or having a
misspelling) will be deemed ineligible for an MMC, license, MMD or COR.

[USCG-2006-24371, 74 FR 11216, Mar. 16, 2009, as amended by USCG-2006-
24371, 74 FR 39218, Aug. 6, 2009; USCG-2004-17914, 78 FR 77894, Dec. 24,
2013]



Sec. 10.237  Right of appeal.

    (a) If the Coast Guard refuses to grant an applicant an MMC, medical
certificate, or endorsement it will provide, a written statement listing
the reason(s) for denial.
    (b) Any person directly affected by a decision or action taken under
this subchapter, by or on behalf of the Coast Guard, may appeal under
the provisions of subpart 1.03 of part 1 of this chapter.
    (c) The Coast Guard will not review decisions made by the
Transportation Security Administration to suspend, revoke, or deny a
mariner's TWIC.

[USCG-2006-24371, 74 FR 11216, Mar. 16, 2009, as amended by USCG-2004-
17914, 78 FR 77894, Dec. 24, 2013]

[[Page 132]]



Sec. 10.239  Quick reference table for MMC requirements.

    Table 1 to Sec. 10.239 provides a guide to the requirements for
officer endorsements. Provisions in the reference section are
controlling.

                                                                                  Table 1 to Sec. 10.239: Quick Reference Table for MMC Requirements
                                                                                       [For tankerman endorsements, see table 1 to Sec. 13.129.]
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                    Recommendations                                            Demonstration of
      Endorsement category            Minimum age         Citizenship         Medical and         Experience         and character       Firefighting      Professional exam     professional     Recency of service   First aid and CPR
                                                                             physical exam                               check                                                      ability
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Master, mates...................  Sec. 11.201(e)..  U.S., Sec. Sec. 10.302(a)..  46 CFR Part         N/A: Note           Sec. 11.201(h)..  Sec. 11.201(j);   N/A...............  original Sec. Sec. 11.201(i)
                                  Note: exceptions..   10.221(a)(1) Sec. 11_Subpart D.       exceptions in                           Sec. 11.903;                          11.201 (c)(2).      Note: exceptions.
                                                         11.201(d).                                                Sec. 11.201(g)                        Sec. 11.910.                         renewal Sec.
                                                                                                                   for original                           Note: Sec. 10.227(e).
                                                                                                                   national or STCW                        11.903(b).
                                                                                                                   endorsements.
Operator of Uninspected           Sec. 11.201(e)..  Sec. Sec. 10.302(a)..  Sec. 11.467(c);   N/A: Note           N/A...............  Sec. Sec. N/A...............  original Sec. Sec. Sec.
 Passenger Vessels (OUPV).        Note: exceptions     10.221(a)(1).                           (d); (e); (f);      exceptions in                           11.201(j);                              11.201 (c)(2).      11.201(i): Note
                                   here and in Sec. Sec. 11.201(d)..                       (g).                Sec. 11.201(g)                        11.903; Sec. renewal Sec. exceptions.
                                    11.201(l).                                                                     for original                            11.910.                                 10.227(e).
                                                                                                                   national or STCW
                                                                                                                   endorsements.
STCW Deck Officer endorsements..  Sec. 11.201(e)..  U.S., Sec. Sec. 10.302(a)..  46 CFR Part         N/A: Note           Sec. 11.303.....  N/A...............  Master Sec. original Sec. Sec. 11.201(i).
                                  Note: exceptions..   10.221(a)(1).                           11_Subpart C.       exceptions in      Renewal: Sec. 11.305; .311;       11.201 (c)(2).
                                                      Sec. 11.201(d)..                                           Sec. 11.201(g)    11.303(b) and (c).                      .315; .317.        renewal Sec.
                                                                                                                   for original                                               Chief Mate Sec. 10.227(e).
                                                                                                                   national or STCW                                            11.307; .313;.
                                                                                                                   endorsements.                                              OICNW Sec.
                                                                                                                                                                               11.309; 11.319;
                                                                                                                                                                               11.321.
Officer on a passenger ship when  N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  Sec. Sec. 11.1105(c).  N/A.
 on an international voyage.                                                                                                                                                   11.1105(a)(1);
                                                                                                                                                                               (2).
Engineers (original)............  Sec. 11.201(e)..  U.S., Sec. 10.302(a).........  46 CFR Part         N/A: Note           Sec. 11.201(h)..  Sec. 11.201(j);   N/A...............  original Sec. Sec. 11.201(i).
                                  Note: exceptions..   10.221(a)(1) Sec. 11_Subpart E.       exceptions in                           11.903; Sec. 11.201 (c)(2).
                                                         11.201(d).                                                Sec. 11.201(g)                        11.950.                                renewal Sec.
                                                                                                                   for original                           Note: Sec. 10.227(e).
                                                                                                                   national or STCW                        11.903(b).
                                                                                                                   endorsements.
STCW Engineering Officer          Sec. 11.201(e)..  U.S., Sec. Sec. 10.302(a)..  46 CFR Part         N/A: Note           Sec. 11.303.....  N/A...............  Chief Sec. original Sec. Sec. 11.201(i).
 endorsements.                    Note: exceptions..   10.221(a)(1) Sec. 11_Subpart C.       exceptions in      Renewal: Sec. 11.325; Sec. 11.201 (c)(2).
                                                         11.201(d).                                                Sec. 11.201(g)    11.303(b) and (c).                      11.331;.           renewal Sec.
                                                                                                                   for original                                               2nd engineer         10.227(e).
                                                                                                                   national or STCW                                            officer; Sec.
                                                                                                                   endorsements.                                               11.327; Sec.
                                                                                                                                                                               11.333.
                                                                                                                                                                              OICEW/DDE Sec.
                                                                                                                                                                               11.329.
National Designated Duty          Sec. 11.201(e)..  U.S., Sec. Sec. 10.302(a)..  11.524(b).........  N/A: Note           Sec. Sec. 11.903.....  N/A...............  original Sec. Sec. 11.201(i).
 Engineer (DDE).                  Note: exceptions..   10.221(a)(1).                                               exceptions in       11.201(h)(1)(iv).                                           11.201 (c)(2).
                                                      Sec. 11.201(d)..                                           Sec. 11.201(g)                                                               renewal Sec.
                                                                                                                   for original                                                                    10.227(e).
                                                                                                                   national or STCW
                                                                                                                   endorsements.
Electro-technical officer.......  Sec. 11.201(e)..  U.S., Sec. Sec. 10.302(a)..  Sec. N/A: Note           Sec. N/A...............  Sec. ..................  Sec.
                                  Note: exceptions..   10.221(a)(1).                           11.335(a)(1).       exceptions in       11.335(a)(3)(ii).                       11.335(a)(2), (3).                      11.335(a)(3)(i).
                                                      Sec. 11.201(d)..                      note exception in    Sec. 11.201(g)                                           note exception in
                                                                                               Sec. 11.335(b)    for original                                                Sec. 11.335(b)
                                                                                               & Sec. 11.33      national or STCW                                            & (c).
                                                                                               5(c).               endorsements.

[[Page 133]]


Pilot...........................  Sec. 11.201(e)..  U.S., Sec. Sec. 10.302(a);.  Sec. 11.703;      N/A: Note           N/A...............  Sec. 11.707;      Sec. 11.705.....  Sec. 11.705(e),   Sec. 11.201(i).
                                  Note: exceptions..   10.221(a)(1) Sec. Sec. 11.709.....   Sec. 11.705.      exceptions in                           Sec. 11.903;                          Sec. 11.713.
                                                         11.201(d).                                                Sec. 11.201(g)                        Sec. 11.910.
                                                                                                                   for original
                                                                                                                   national or STCW
                                                                                                                   endorsements.
Towing vessels..................  Sec. 11.201(e)..  U.S., Sec. Sec. 10.302(a)..  46 CFR Part         N/A: Note           Sec. Sec. 11.201(j);   Sec. 11.464;      original Sec. Sec. 11.201(i).
                                  Note: exceptions..   10.221(a)(1) Sec. 11_Subpart D.       exceptions in       11.201(h)(1)(ii).   Sec. 11.903;      Sec. 11.465.      11.201 (c)(2).
                                                         11.201(d).                                                Sec. 11.201(g)   Sec. Sec. 11.910.                         renewal Sec.
                                                                                                                   for original        11.201(h)(2)(ii).                                           10.227(e).
                                                                                                                   national or STCW   Note: exceptions..
                                                                                                                   endorsements.
Offshore Supply Vessels.........  Sec. 11.201(e)..  U.S., Sec. Sec. 10.302(a)..  Master Sec. N/A: Note           Sec. 11.201(h)..  Sec. 11.201(j);.  Master Sec. original Sec. Sec. 11.201(i).
                                  Note: exceptions..   10.221(a)(1) Sec. 11.493.             exceptions in                          Master Sec. 11.493.             11.201 (c)(2).
                                                         11.201(d).                           Chief Mate Sec. Sec. 11.201(g)                        11.493.            Chief Mate Sec. renewal Sec.
                                                                                               11.495.             for original                           Chief Mate Sec. 11.495.             10.227(e)..
                                                                                              Mate Sec. 11.497   national or STCW                        11.495.            Mate Sec. 11.497
                                                                                              C/E Sec. 11.553.   endorsements.                          Mate Sec. 11.497  C/E Sec. 11.553.
                                                                                              Engineer Sec. C/E Sec. 11.553;  Engineer..........
                                                                                               11.555.                                                     Sec. 11.903.     Sec. 11.555.....
                                                                                                                                                          Eng Sec. 11.555;
                                                                                                                                                           Sec. 11.903.
MODU licenses...................  Sec. 11.201(e)..  U.S., Sec. Sec. 10.302(a)..  OIM: Sec. 11.470  N/A: Note           Sec. 11.201(h):   Sec. 11.201(j);   N/A...............  original Sec. Sec. 11.201(i).
                                  Note: exceptions..   10.221(a)(1).                          B.S.: Sec. exceptions in       note exceptions.    Sec. 11.903;                          11.201 (c)(2).
                                                      Sec. 11.201(d)..                       11.472.             Sec. 11.201(g)                        Sec. 11.920.                         renewal Sec.
                                                                                              BCO: Sec. 11.474   for original                                                                    10.227(e)..
                                                                                              ChEng: Sec. national or STCW
                                                                                               11.542.             endorsements.
                                                                                              Asst. Eng: Sec.
                                                                                               11.544.
Uninspected fishing industry      Sec. 11.201(e)..  U.S., Sec. Sec. 10.302(a)..  Deck: Sec. N/A: Note           Sec. 11.201(h)..  Sec. 11.201(j);   N/A...............  original Sec. Sec. 11.201(i).
 vessels.                         Note: exceptions..   10.221(a)(1).                           11.462(c); (d);.    exceptions in      Note: exceptions..   Sec. 11.903;                          11.201 (c)(2).
                                                      Sec. 11.201(d)..                      Engine: Sec. Sec. 11.201(g)                        Sec. 11.910.                         renewal Sec.
                                                                                               11.530(c); (d);     for original                                                                    10.227(e)..
                                                                                               (e).                national or STCW
                                                                                                                   endorsements.
Radio officer...................  Sec. 11.201(e)..  U.S., Sec. Sec. 10.302(a)..  N/A...............  N/A: Note           N/A...............  N/A...............  Sec. 11.603.....  N/A...............  Sec. 11.201(i).
                                  Note: exceptions..   10.221(a)(1).                                               exceptions in
                                                      Sec. 11.201(d)..                                           Sec. 11.201(g)
                                                                                                                   for original
                                                                                                                   national or STCW
                                                                                                                   endorsements.
GMDSS Operator..................  N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  11.604............  N/A...............  N/A.
Officer raises of grade.........  Sec. 11.201(e)..  U.S., Sec. Sec. 10.302(a)..  Sec. 10.231(c);   N/A...............  N/A...............  Sec. 10.231(d);   Part 11, subparts   3 months in past 3  N/A.
                                  Note: exceptions..   10.221(a)(1).                           Part 11, subparts                                           Sec. 11.903;      D and E.            years, Sec.
                                                      Sec. 11.201(d)..                       D and E.                                                    Sec. 11.910;                          11.201 (c)(2).
                                                                                                                                                           Sec. 11.920;
                                                                                                                                                           Sec. 11.950.
Officer renewals................  Sec. 11.201(e)..  U.S., Sec. Sec. 10.302(a)..  Sec. 10.227(d)    N/A...............  N/A...............  N/A...............  Towing officers,    1 year in past 5,   N/A.
                                  Note: exceptions..   10.221(a)(1).                           and (e).                                                                        Sec. 10.227(d)    Sec. 10.227(e)
                                                      Sec. 11.201(d)..                      Note: exceptions..                                                               and (e).            and (f).
                                                                                                                                                                                                  Note: alternative.
Staff officer...................  Sec. 11.201(e)..  U.S., Sec. Sec. 10.302(a)..  Sec. 11.807.....  N/A: Note           N/A...............  N/A...............  Sec. 11.807.....  N/A...............  Sec. 11.201(i).
                                  Note: exceptions..   10.221(a)(1).                                               exceptions in
                                                      Sec. 11.201(d)..                                           Sec. 11.201(g)
                                                                                                                   for original
                                                                                                                   national or STCW
                                                                                                                   endorsements.
Staff officer renewals..........  Sec. 11.201(e)..  U.S., Sec. Sec. 10.302(a)..  N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  N/A.
                                  Note: exceptions..   10.221(a)(1).
                                                      Sec. 11.201(d)..

[[Page 134]]


Able seaman.....................  Sec. U.S. or alien       Sec. 10.302(a),   Sec. 12.403.....  N/A...............  N/A...............  Sec. Sec. Renewal only, 1     N/A.
                                   12.401(c)(1).       admitted for        Sec. 12.401(c)(5).       12.401(c)(6) Sec. year in past 5,
                                                       permanent           12.401(c)(2).                                                                                         12.405.           Sec. 10.227(e)
                                                       residence, Sec. and (f).
                                                       10.221(a)(2).                                                                                                                              Note: alternative.
Able-seafarer deck..............  Sec. U.S. or alien       Sec. 10.302(a)..  Sec. N/A...............  N/A...............  N/A...............  Sec. Renewal only, 1     Sec. 12.601(c).
                                   12.603(a)(1).       admitted for                            12.603(a)(3).                                                                   12.603(a)(2) Sec. year in past 5,
                                                       permanent                                                                                                                 12.603(a)(4)      Sec. 10.227(e)
                                                       residence, Sec. Sec. and (f).
                                                       10.221(a)(2).                                                                                                           12.603(a)(5).      Note: alternative.
Ratings for forming a             Sec. U.S. or alien       Sec. 10.302(a)..  Sec. N/A...............  N/A...............  N/A...............  Sec. Renewal only, 1     Sec. 12.601(c).
 navigational watch.               12.605(a)(1).       admitted for                            12.605(a)(2).                                                                   12.605(a)(3).       year in past 5,
                                                       permanent                                                                                                                                   Sec. 10.227(e)
                                                       residence, Sec. and (f).
                                                       10.221(a)(2).                                                                                                                              Note: alternative.
Qualified members of engine       Sec. U.S. or alien       Sec. 10.302(a)..  Sec. 12.503.....  N/A...............  N/A...............  Sec. 12.505.....  N/A...............  Renewal only, 1     N/A.
 department.                       12.501(c)(1).       admitted for                                                                                                                                year in past 5,
                                                       permanent                                                                                                                                   Sec. 10.227(e)
                                                       residence,Sec. and (f).
                                                       10.221(a)(2).                                                                                                                              Note: alternative.
Able-seafarer engine............  Sec. U.S. or alien       Sec. 10.302(a)..  Sec. N/A...............  N/A...............  N/A...............  Sec. Renewal only, 1     Sec. 12.601(c).
                                   12.607(a)(1).       admitted for                            12.607(a)(3).                                                                   12.607(a)(2); (4)   year in past 5,
                                                       permanent                                                                                                               Sec. 12.607(b);   Sec. 10.227(e)
                                                       residence, Sec. (c).                and (f).
                                                       10.221(a)(2).                                                                                                                              Note: alternative.
Ratings for forming an            Sec. U.S. or alien       Sec. 10.302(a)..  Sec. N/A...............  N/A...............  N/A...............  Sec. Renewal only, 1     Sec. 12.601(c).
 engineering watch.                12.609(a)(1).       admitted for                            12.609(a)(2).                                                                   12.609(a)(3).       year in past 5,
                                                       permanent                                                                                                                                   Sec. 10.227(e)
                                                       residence, Sec. and (f).
                                                       10.221(a)(2).                                                                                                                              Note: alternative.
Electro-technical rating........  Sec. U.S. or alien       Sec. 10.302(a)..  Sec. N/A...............  N/A...............  N/A...............  Sec. Renewal only, 1     Sec. 12.601(c).
                                   12.611(a)(1).       admitted for                            12.611(a)(2).                                                                   12.611(a)(3);       year in past 5,
                                                       permanent                                                                                                               Sec. 12.611(b).   Sec. 10.227(e)
                                                       residence, Sec. and (f).
                                                       10.221(a)(2).                                                                                                                              Note: alternative.
Entry level ratings.............  N/A...............  U.S. or alien       N/A; note           N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  N/A.
                                                       admitted for        exception in Sec.
                                                       permanent             12.811(a)(2).
                                                       residence, Sec. Note: Food Handler
                                                       10.221(a)(2).       (F.H.)
                                                      Sec. 12.803;       requirements in
                                                       Sec. 12.809.      Table Sec.
                                                                           10.302(a).
                                                                          (xiii) Sec.
                                                                           10.302(a) (xiv).
Lifeboatman.....................  N/A...............  U.S. or alien       Sec. 10.302(a)..  Sec. N/A...............  N/A...............  Sec. Sec. Renewal only, 1     N/A.
                                                       admitted for                            12.407(b)(1).                                               12.407(b)(2); (4).  12.407(b)(2); (3).  year in past 5,
                                                       permanent                                                                                                                                   Sec. 10.227(e)
                                                       residence, Sec. and (f).
                                                       10.221(a)(2).                                                                                                                              Note: alternative.

[[Page 135]]


Lifeboatman-Limited.............  N/A...............  U.S. or alien       Sec. 10.302(a)..  Sec. N/A...............  N/A...............  Sec. Sec. Renewal only, 1     N/A.
                                                       admitted for                            12.409(b)(1).                                               12.409(b)(2); (4).  12.409(b)(2); (3).  year in past 5,
                                                       permanent                                                                                                                                   Sec. 10.227(e)
                                                       residence, Sec. and (f).
                                                       10.221(a)(2).                                                                                                                              Note: alternative.
Proficiency in fast rescue boats  Sec. U.S. or alien       N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  Sec. Renewal only, 1     Sec. 12.601(c).
                                   12.617(a)(1).       admitted for                                                                                                            12.617(a)(2);       year in past 5,
                                                       permanent                                                                                                               (3); (4).           Sec. 10.227(e)
                                                       residence, Sec. and (f).
                                                       10.221(a)(2).                                                                                                                              Note: alternative.
                                                                                                                                                                                                  Renewal Sec.
                                                                                                                                                                                                   12.617(b)(2).
Proficiency in survival craft     Sec. U.S. or alien       N/A...............  Sec. N/A...............  N/A...............  N/A...............  Sec. Renewal only, 1     Sec. 12.601(c).
 and rescue boats other than       12.613(a)(1).       admitted for                            12.613(a)(2).                                                                   12.613(a)(3).       year in past 5,
 fast rescue boats.                                    permanent                                                                                                                                   Sec. 10.227(e)
                                                       residence, Sec. and (f).
                                                       10.221(a)(2).                                                                                                                              Note: alternative.
                                                                                                                                                                                                  Renewal: Sec.
                                                                                                                                                                                                   12.613(b)(2).
Proficiency in survival craft     Sec. U.S. or alien       N/A...............  Sec. N/A...............  N/A...............  N/A...............  Sec. Renewal only, 1     Sec. 12.601(c).
 and rescue boats other than       12.615(a)(1).       admitted for                            12.615(a)(2).                                                                   12.615(a)(3).       year in past 5,
 lifeboats and fast rescue boats-                      permanent                                                                                                                                   Sec. 10.227(e)
 limited.                                              residence, Sec. and (f).
                                                       10.221(a)(2).                                                                                                                              Note: alternative.
                                                                                                                                                                                                  Renewal: Sec.
                                                                                                                                                                                                   12.615(b)(2).
Assistance Towing endorsement...  N/A...............  N/A...............  N/A...............  Sec. 11.482.....  N/A...............  N/A...............  Sec. 11.482.....  Sec. 11.482.....  original Sec. N/A.
                                                                                                                                                                                                   11.201(c)(2).
Radar Observer endorsement......  N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  Sec. 11.480(d);   N/A...............  N/A.
                                                                                                                                                                               (h).
Vessel Security Officer.........  Sec. 11.337(a)..  U.S. or alien       Sec. 10.302(a)..  Sec. 11.337(a)..  N/A: Note           N/A...............  N/A...............  Sec. 11.337(a)..  original Sec. Sec. 11.201(i).
                                                       admitted for                                                exceptions in                                                                   11.201 (c)(2).
                                                       permanent                                                   Sec. 11.201(g)                                                               renewal Sec.
                                                       residence, Sec. for original                                                                    10.227(e)..
                                                       10.221(a)(1) Sec. national or STCW
                                                         10.221(a)(2.                                              endorsements.
High Speed Craft................  N/A...............  U.S. Sec. N/A...............  Sec. N/A: Note           N/A...............  N/A...............  Sec. Renewal: Sec. N/A.
                                                       10.221(a)(1).                           11.821(b)(1) Sec. exceptions in                                               11.821(b)(2).       11.821(e).
                                                                                                 11.821(c).        Sec. 11.201(g)
                                                                                                                   for original
                                                                                                                   national or STCW
                                                                                                                   endorsements.
GMDSS at sea maintainer.........  Sec. 12.623(a)..  N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  Sec. 12.623(b)..  N/A...............  N/A.
Medical first-aid provider......  N/A...............  N/A...............  N/A...............  Sec. 12.619(b)..  N/A...............  N/A...............  N/A...............  Sec. N/A...............  Sec.
                                                                                                                                                                               12.619(a)(1); (2).                      12.619(a)(1).
Person in charge of medical care  N/A...............  N/A...............  N/A...............  Sec. 12.621(b)..  N/A...............  N/A...............  N/A...............  Sec. N/A...............  Sec.
                                                                                                                                                                               12.621(a)(1); (2).                      12.621(a)(1).
Vessel personnel with designated  Sec. U.S. or alien       Sec. Sec. N/A...............  N/A...............  N/A...............  Sec. Renewal only, 1     N/A.
 security duties.                  12.625(a)(1).       admitted for        12.625(a)(2).       12.625(a)(1).                                                                   12.625(a)(1).       year in past 5,
                                                       permanent                                                                                                                                   Sec. 10.227(e)
                                                       residence, Sec. and (f).
                                                       10.221(a)(2).                                                                                                                              Note: alternative.
                                                      Sec. 12.803.....

[[Page 136]]


Security awareness..............  Sec. U.S. or alien       Sec. Sec. N/A...............  N/A...............  N/A...............  Sec. Renewal only, 1     N/A.
                                   12.627(a)(1).       admitted for        12.627(a)(2).       12.627(a)(1).                                                                   12.627(a)(1).       year in past 5,
                                                       permanent                                                                                                                                   Sec. 10.227(e)
                                                       residence, Sec. and (f).
                                                       10.221(a)(2).                                                                                                                              Note: alternative.
                                                      Sec. 12.803.....
Ratings serving on passenger      N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  Sec. 12.905(a);   Renewal Sec. N/A.
 ships on international voyages.                                                                                                                                               (b).                12.905(d).
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[USCG-2004-17914, 78 FR 77896, Dec. 24, 2013]

[[Page 137]]





                     Subpart C_Medical Certification

    Source: USCG-2004-17914, 78 FR 77900, Dec. 24, 2013, unless
otherwise noted.



Sec. 10.301  General requirements.

    (a) The Coast Guard will issue a medical certificate to a mariner
meeting the medical and physical standards for merchant mariners. The
medical certificate will be issued for various periods of time based
upon the endorsements the mariner holds. The Coast Guard will review all
information provided and will determine whether--
    (1) The applicant is physically and medically qualified for the
medical certificate without any limitations, waivers and/or other
conditions;
    (2) The applicant is physically and medically qualified for the
medical certificate with limitations and/or other conditions as
specified by the Coast Guard;
    (3) For an applicant who does not possess the vision, hearing, or
general physical condition necessary, a medical certificate may be
issued with appropriate limitations, waivers and/or other conditions as
specified by the Coast Guard;
    (4) Additional information is necessary to determine if the
applicant is physically and/or medically qualified for the medical
certificate. The Coast Guard will request additional information from
the applicant. The Coast Guard may hold the package pending receipt of
that information before the package and/or application is denied; or
    (5) The applicant is not physically and/or medically qualified for
the medical certificate. The application for a medical certificate will
be denied by the Coast Guard.
    (b) Except as otherwise noted, medical certificates will be issued
for the following periods of time:
    (1) All persons employed or engaged onboard vessels to which STCW
applies will be issued a medical certificate valid for 2 years unless
the mariner is under the age of 18, in which case the maximum period of
validity will be 1 year.
    (2) Medical certificates issued to a mariner who is serving as a
first-class pilot, or acting as a pilot under Sec. 15.812 of this
subchapter, will be issued for a maximum period of 2 years.
    (3) Medical certificates issued to all other mariners will be issued
for a maximum period of 5 years.
    (4) Applicants seeking additional MMC endorsements holding a current
medical certificate are not required to submit a new medical physical
exam if their existing medical certification meets all of the
requirements of this section for the endorsement sought.
    (c) Applicants holding no endorsement other than a staff officer
endorsement need not meet the medical and physical requirements of this
section.



Sec. 10.302  Medical and physical requirements.

    (a) To qualify for a medical certificate, a mariner must provide
evidence of meeting the medical and physical standards in this section
on a CG-719-K or CG-719-K/E, as appropriate. The Coast Guard retains
final authority for determining whether a mariner is medically and
physically qualified. Columns 2 through 5 of Table 1 to paragraph (a) of
this section provide the specific exam, test, or demonstrations required
to obtain the corresponding credential listed in column 1. Further
clarifications of the requirements contained in the table are found
throughout this subpart.
    (b) Any required test, exam, or demonstration must have been
performed, witnessed, or reviewed by a licensed medical doctor, licensed
physician assistant, licensed nurse practitioner, or a designated
medical examiner. All licensed medical practitioners must hold a valid
license issued in the United States. Medical examinations for Great
Lakes Pilots must be conducted by a licensed medical doctor in
accordance with the physical exam requirements in 46 CFR 402.210.

[[Page 138]]



             Table 1 to Sec. 10.302(a)--Medical and Physical Requirements for Mariner Endorsements
----------------------------------------------------------------------------------------------------------------
                                                                                                         5
                                                                                     4 General     Demonstration
                  1 Credential                     2 Vision test  3 Hearing test   medical exam     of physical
                                                                                                      ability
----------------------------------------------------------------------------------------------------------------
(1) Deck officer, including pilot...............            Sec. Sec. 10.306            Sec. Sec.
                                                       10.305(a)                       10.304(a)       10.304(c)
(2) Engineering officer.........................            Sec. Sec. 10.306            Sec. Sec.
                                                       10.305(b)                       10.304(a)       10.304(c)
(3) Radio officer...............................            Sec. Sec. 10.306            Sec. Sec.
                                                       10.305(b)                       10.304(a)       10.304(c)
(4) Offshore installation manager, barge                    Sec. Sec. 10.306            Sec. Sec.
 supervisor, or ballast control operator........       10.305(b)                       10.304(a)       10.304(c)
(5) Able seaman.................................            Sec. Sec. 10.306            Sec. Sec.
                                                       10.305(a)                       10.304(a)       10.304(c)
(6) QMED........................................            Sec. Sec. 10.306            Sec. Sec.
                                                       10.305(b)                       10.304(a)       10.304(c)
(7) Able seafarer deck..........................            Sec. Sec. 10.306            Sec. Sec.
                                                       10.305(a)                       10.304(a)       10.304(c)
(8) RFPNW.......................................            Sec. Sec. 10.306            Sec. Sec.
                                                       10.305(a)                       10.304(a)       10.304(c)
(9) Able seafarer engine........................            Sec. Sec. 10.306            Sec. Sec.
                                                       10.305(b)                       10.304(a)       10.304(c)
(10) RFPEW......................................            Sec. Sec. 10.306            Sec. Sec.
                                                       10.305(b)                       10.304(a)       10.304(c)
(11) Electro-technical rating...................            Sec. Sec. 10.306            Sec. Sec.
                                                       10.305(b)                       10.304(a)       10.304(c)
(12) Tankerman..................................            Sec. Sec. 10.306            Sec. Sec.
                                                       10.305(b)                       10.304(a)       10.304(c)
(13) Lifeboatman and Proficiency in survival                Sec. Sec. 10.306            Sec. Sec.
 craft and rescue boats other than fast rescue         10.305(b)                       10.304(a)       10.304(c)
 boats (PSC)....................................
(14) Lifeboatman-Limited and Proficiency in                 Sec. Sec. 10.306            Sec. Sec.
 survival craft and rescue boats other than fast       10.305(b)                       10.304(a)       10.304(c)
 rescue boats_limited (PSC_limited).............
(15) Fast Rescue Boat...........................            Sec. Sec. 10.306            Sec. Sec.
                                                       10.305(b)                       10.304(a)       10.304(c)
(16) Food handler serving on vessels to which     ..............  ..............            Sec.
 STCW does not apply............................                                       10.304(b)
(17) Food handler serving on vessels to which     ..............  ..............            Sec. Sec.
 STCW applies...................................                                       10.304(b)       10.304(c)
(18) Ratings, including entry level, serving on   ..............  ..............  ..............            Sec.
 vessels to which STCW applies, other than those                                                       10.304(c)
 listed above...................................
(19) Ratings, including entry level, serving on   ..............  ..............  ..............
 vessels to which STCW does not apply, other
 than those listed above........................
(20) Vessel security officer....................            Sec. Sec. 10.306            Sec. Sec.
                                                       10.305(a)                       10.304(a)       10.304(c)
----------------------------------------------------------------------------------------------------------------



Sec. 10.303  Medical waivers, limitations, and restrictions.

    (a) The Coast Guard may grant a waiver if, after review of all
relevant supporting medical documents and consultation with the
examining physician, as needed, an applicant does not possess the
vision, hearing, or general physical condition necessary; and
extenuating circumstances warrant special consideration. An applicant
may submit to the Coast Guard additional correspondence, records, and
reports in support of a waiver. 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
employees, will be given full consideration.
    (b) In general, medical waivers are approved when an applicant does
not meet the applicable medical standards, but objective medical
evidence indicates that the condition is sufficiently controlled and the
effects of medication pose no significant risk to maritime and public
safety. The Coast Guard retains final authority for the issuance of
medical waivers.
    (c) Medical waivers may be granted with specific conditions to which
the applicant must adhere, such as more frequent monitoring of the
medical conditions, submission of medical exams and/or tests at varying
intervals to track the ongoing status of the medical condition, or
operational limitations in the manner the mariner may serve under the
MMC.
    (d) The Coast Guard may place an operational limitation on medical
and physical conditions. Any operational limitations will be reflected
in the medical certificate.
    (e) The Coast Guard may place a restriction on a medical certificate
based upon medical and physical conditions of an applicant. Any
restriction will be reflected on the medical certificate and may include
restriction of route or trade.



Sec. 10.304  General medical exam.

    (a) The general medical exam must be documented and of such scope to
ensure that there are no conditions that

[[Page 139]]

pose significant risk of sudden incapacitation or debilitating
complication. This exam must also document any condition requiring
medication that impairs cognitive ability, judgment, or reaction time.
The Coast Guard will provide guidance on the conduct of general medical
exams. Examiners should be familiar with the content and recommended
medical evaluation data compiled in the medical guidelines.
    (b) Food handlers are not required to submit to a general medical
exam, but must obtain a statement from a licensed physician, physician
assistant, or nurse practitioner attesting that they are free of
communicable diseases that pose a direct threat to the health or safety
of other individuals in the workplace.
    (c) Demonstration of physical ability. (1) A demonstration of
physical ability is required only if--
    (i) The medical practitioner conducting the general medical exam is
concerned that an applicant's physical ability may impact maritime
safety; or
    (ii) Table 1 to Sec. 10.302(a) of this subpart shows that the
mariner must pass a demonstration of physical ability.
    (2) For an applicant to satisfactorily pass a demonstration of
physical ability, the examiner must be satisfied that the applicant--
    (i) Has no disturbance in the sense of balance;
    (ii) Is able, without assistance, to climb up and down vertical
ladders and inclined stairs;
    (iii) Is able, without assistance, to step over a door sill or
coaming;
    (iv) Is able to move through a restricted opening of 24-by-24 inches
(61-by-61 centimeters);
    (v) Is able to grasp, lift, and manipulate various common shipboard
tools, move hands and arms to open and close valve wheels in vertical
and horizontal directions, and rotate wrists to turn handles;
    (vi) Does not have any impairment or disease that could prevent
normal movement and physical activities;
    (vii) Is able to stand and walk for extended periods of time;
    (viii) Does not have any impairment or disease that could prevent
response to a visual or audible alarm; and
    (ix) Is capable of normal conversation.
    (3) Guidance on demonstration of physical ability is contained in
the relevant Coast Guard guidance for the conduct of general medical
exams.
    (d) Reports of medical and physical exams, demonstrations, and
tests. These reports must be submitted within 12 months from the date
signed by the licensed medical professional. When submitted with a
complete application package, these reports remain valid for 12 months
from the date the Coast Guard accepts a complete application.



Sec. 10.305  Vision requirements.

    (a) Deck standard. (1) A mariner must have correctable vision to at
least 20/40 in one eye and uncorrected vision of at least 20/200 in the
same eye. The color sense must be determined to be satisfactory when
tested by any of the following methods or an alternative test acceptable
to the Coast Guard, without the use of color-sensing lenses:
    (i) Pseudoisochromatic Plates (Dvorine, 2nd Edition; AOC; revised
edition or AOC-HRR; Ishihara 14-, 24- , or 38-;plate editions).
    (ii) Farnsworth Lantern.
    (iii) Titmus Vision Tester/OPTEC 2000.
    (iv) Optec 900.
    (v) Richmond Test, 2nd and 4th edition.
    (2) After January 1, 2017, applicants for an STCW endorsement must
have correctable vision to at least 20/40 in both eyes and uncorrected
vision of at least 20/200 in both eyes. A mariner who meets these
requirements and who suffers loss of vision in one eye after being
issued an MMC is subject to the requirements of paragraphs (c), (d), and
(e) of this section, as applicable. A mariner holding an MMC prior to
January 1, 2017, must continue to meet the requirements of paragraph
(a)(1) of this section.
    (b) Engineering, radio officer, tankerman, and MODU standard. A
mariner must have correctable vision to at least 20/50 in one eye and
uncorrected vision of at least 20/200 in the same eye and need only the
ability to distinguish the colors red, green, blue, and yellow. The
color sense must be determined to be satisfactory when tested by any

[[Page 140]]

color-vision test listed in paragraph (a) of this section, or an
alternative test acceptable to the Coast Guard, without the use of
color-sensing lenses. The Coast Guard will accept Farnsworth D-15 Hue
Test as a color vision test to meet the requirements of this paragraph.
    (c) Vision waiver. Any applicant whose uncorrected vision does not
meet the 20/200 standard and is correctable to listed standards above
may be granted a medical waiver in accordance with Sec. 10.303 of this
subpart. If a vision waiver is granted, a limitation will be placed on
his or her MMC indicating the mariner may not serve under the authority
of the endorsement unless corrective lenses are worn and spare lenses
are carried onboard a vessel. Waivers are not normally granted to an
applicant whose corrected vision in the better eye is not at least 20/40
for deck officers or 20/50 for engineer officers.
    (d) Vision operational limitation. If corrective lenses are required
in order to meet the vision standards above, a mariner may not serve
under the authority of the endorsement unless corrective lenses are worn
and spare lenses are carried onboard a vessel. This operational
limitation will be placed on his or her medical certificate.
    (e) Loss of vision. A mariner having lost vision in one eye must
wait 6 months from the date of the vision loss before submitting any
application, and must provide a statement of demonstrated ability on his
or her medical examination.



Sec. 10.306  Hearing requirements.

    (a) If the medical practitioner conducting the general medical exam
has concerns that an applicant's ability to hear may impact maritime
safety, the examining medical practitioner must refer the applicant to
an audiologist or other hearing specialist to conduct an audiometer test
and a speech discrimination test, as appropriate.
    (b) The audiometer test must include testing at the following
thresholds: 500 Hz; 1,000 Hz; 2,000 Hz; and 3,000 Hz. The frequency
responses for each ear must be averaged to determine the measure of an
applicant's hearing ability. Applicants must demonstrate an unaided
threshold of 30 decibels or less in at least one ear.
    (c) The functional speech discrimination test must be carried out at
a level of 65 decibels. For issuance of an original MMC or endorsement
the applicant must demonstrate functional speech discrimination of at
least 90 percent. For renewal or raise of grade, the applicant must
demonstrate functional speech discrimination of at least 80 percent.
    (d) Hearing waivers. An applicant who is unable to meet the hearing
standards of the audiometer test, but who can pass the functional speech
discrimination test; or who requires hearing aids to meet the hearing
standards, may be eligible for a medical waiver in accordance with Sec.
10.303 of this subpart.
    (e) Hearing operational limitation. If hearing aids are required in
order to meet the hearing standards above, a mariner may not serve under
the authority of the endorsement unless hearing aids are worn in the
operational mode, and spare batteries are carried onboard a vessel. This
operational limitation will be placed on his or her medical certificate.



                 Subpart D_Training Courses and Programs

    Source: USCG-2004-17914, 78 FR 77903, Dec. 24, 2013, unless
otherwise noted.



Sec. 10.401  Applicability.

    This subpart prescribes the general requirements applicable to
offerors of all approved courses and training programs which may be
accepted instead of sea service, examination required by the Coast
Guard, or STCW assessments, or which satisfy course completion
requirements.



Sec. 10.402  Approval of training courses.

    (a) Categories. The Coast Guard may approve courses designed to
substitute for or fulfill any or all of the following:
    (1) A portion of sea service requirement.
    (2) Examinations required by the Coast Guard.
    (3) Professional competency requirements.
    (4) Regulatory requirements.

[[Page 141]]

    (b) Request for approval. Organizations desiring course approval by
the Coast Guard must submit a written request and a complete curriculum
package to the National Maritime Center, either by mail or
electronically. The curriculum package must be provided in a format
specified by the Office of Vessel Activities (CG-CVC) and include:
    (1) A cover letter. The cover letter must contain--
    (i) The name of the organization providing the instruction and the
course name;
    (ii) The locations where the course will be held;
    (iii) A general description and overview of the course;
    (iv) The category of acceptance being sought, as listed in paragraph
(a) of this section; and
    (v) Reference to regulatory requirements met by the training.
    (2) Part A: Course framework. The course framework must contain--
    (i) The following specific course intentions:
    (A) Course scope.
    (B) Course objective;
    (ii) The following conditions relative to students:
    (A) Student entry standards.
    (B) Class-size limitations.
    (C) Student/teacher ratio;
    (iii) Documentary evidence that each instructor and/or assessor--
    (A) Has either experience, training, or evidence of instruction in
effective instructional techniques and/or effective assessment
techniques;
    (B) Is qualified in the task for which the training is being
conducted and have relevant experience; and
    (C) Has attained a level of experience and qualification equal or
superior to the relevant level of knowledge, skills, and abilities
described in the performance objective;
    (iv) Site information, which must include--
    (A) A description of the facility, measurements of the instructional
space, pictures showing multiple views of the space, and a description
of the instruction or assessment being performed; and
    (B) A request, if applicable, to teach at an alternative site. This
requires contact with the local Regional Exam Center and approval by the
National Maritime Center; and
    (v) A description of the following materials used for development,
instruction, and performance measurement:
    (A) Equipment.
    (B) Teaching aids.
    (C) Textbooks and presentations.
    (D) Reference bibliography.
    (3) Part B: Course outline. The course outline must contain--
    (i) Course subjects/topics; and
    (ii) Course schedule, including the duration and order of lessons,
and an indication as to whether each lesson is--
    (A) A classroom lecture;
    (B) A practical demonstration;
    (C) A simulator exercise;
    (D) An examination; or
    (E) Another method of instructional reinforcement.
    (4) Part C: Detailed teaching syllabus. The detailed teaching
syllabus must be written in a learning objective format in which the
objectives describe what the student must do to demonstrate that the
specific knowledge has been transferred. The detailed teaching syllabus
must contain--
    (i) The learning objectives as related to the subjects/topics;
    (ii) The specific references from which the instruction was
developed; and
    (iii) Reference to the specific teaching aids, textbooks, or
technical materials used for instruction and performance measurement.
    (5) Part D-1: Lesson plans. The lesson plans must contain the
following specific instructional contents of the individual course
lessons:
    (i) The main element learning objective.
    (ii) Student assignments.
    (iii) Training outcomes, which are statements that identify the
specific knowledge, skill, or ability that students must gain and
display as a result of the training or instructional activity. A
training outcome is made up of three elements: expected student
performance, condition, and criterion.
    (6) Part D-2: Instructor notes. The instructor notes must contain--

[[Page 142]]

    (i) The specific instructional methodologies utilized in the
particular lesson; and
    (ii) The instructional materials, including instructional directions
containing the following:
    (A) Pre-instructional activities.
    (B) Content presentation.
    (C) Student participation.
    (D) Assessment process.
    (E) Other instructional activities, such as homework and reading
assignments.
    (7) Part E: Evaluations. The evaluations section must contain--
    (i) Any methodology that is used to measure a student's knowledge,
performance, or level of achievement, including--
    (A) Homework;
    (B) Quizzes;
    (C) Exams;
    (D) Laboratory projects;
    (E) Competency assessments;
    (F) Remediation; and
    (G) Testing strategies;
    (ii) Assessment instruments, which are any tools used to determine
whether the student has achieved the desired level of knowledge,
understanding, or proficiency; and
    (iii) Any methodology that is used to measure the effectiveness of
the training or instructor, including--
    (A) Instructor evaluations;
    (B) Course evaluations/surveys; and
    (C) Other feedback.
    (8) Course completion certificate. A sample course completion
certificate that allows for the following information to be entered:
    (i) Course provider number.
    (ii) Course number.
    (iii) Terms of approval.
    (c) Approval notification. The Coast Guard will notify each
applicant for course approval when an approval is granted or denied. If
the Coast Guard denies a request for approval, the Coast Guard will
inform the applicant of the reasons for the denial and describe the
corrections required for granting an approval.
    (d) Validity of course approval. Unless surrendered, suspended, or
withdrawn, an approval for a course is valid for up to a maximum of 5
years after issuance, unless--
    (1) The school ceases operation;
    (2) The school gives notice that it will no longer offer the course;
    (3) The owner or operator fails to submit any required information;
or
    (4) Any change occurs in the ownership of the school to which the
approval was issued.
    (e) Significant changes to the course approval. (1) Any significant
changes to the course approval or the content of the course will be
handled as a request for renewal of an approval (as specified in
paragraph (f) of this section), or as a request for an original approval
(as specified in paragraph (b) of this section), depending on the nature
and scope of the change.
    (2) The Coast Guard may not accept course completion certificates if
the course does not follow the conditions of the course approval.
    (f) Renewal of course approval. (1) If the owner or operator of a
training school desires to have a course's approval renewed, the owner
or operator must submit a request to the NMC accompanied by the
information from paragraph b of this section.
    (2) If satisfied that the content and quality of instruction remain
satisfactory, the Coast Guard will approve the request.
    (3) The renewed approval is valid as detailed in paragraph (d) of
this section.
    (g) Suspension of approval. (1) The Coast Guard may suspend the
approval, require the holder to surrender the certificate of approval,
and may direct the holder to cease claiming the course is Coast Guard-
approved, if it determines that a specific course does not comply with
the--
    (i) Applicable provisions of 46 CFR parts 10, 11, 12, or 13;
    (ii) Requirements specified in the course's approval; or
    (iii) Course's curriculum package as submitted for approval.
    (2) The Coast Guard will notify the approval holder in writing of
the intent to suspend course approval and the reasons for suspension. If
the approval holder fails to correct the conditions leading to
suspension, the course will

[[Page 143]]

be suspended. The Coast Guard will notify the approval holder that the
specific course fails to meet applicable requirements and explain how
the deficiencies can be corrected.
    (3) The Coast Guard may grant the approval holder up to 90 days to
correct the deficiency.
    (4) Course completion certificates will not be accepted for training
provided during a period of suspension or expiration.
    (h) Withdrawal of approval. The Coast Guard may withdraw approval
for any course--
    (1) When the approval holder fails to correct the deficiency of a
suspended course within 90 days; or
    (2) Upon determining that the approval holder has demonstrated a
pattern or history of any of the following:
    (i) Failing to comply with the applicable regulations or the course
approval requirements.
    (ii) Deviating from approved course curricula.
    (iii) Presenting courses in a manner that does not achieve the
learning objectives.
    (iv) Falsifying any document required and integral to the conduct of
the course, including, but not limited to, attendance records, written
test grades, course completion grades, or assessment of practical
demonstrations.
    (i) 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 as provided in Sec. 1.03-40 of this chapter.



Sec. 10.403  General standards.

    (a) Each school with an approved course must--
    (1) Have a well-maintained facility that accommodates the students
in a safe and comfortable environment conducive to learning;
    (2) Have the necessary equipment, including simulators where
appropriate, sufficient for the number of students to be accommodated,
and support the objectives of the course;
    (3) Administer training entirely in the English language unless
specifically approved to be presented in another language;
    (4) Administer written examinations to each student appropriate for
the course material and the knowledge requirements of the position or
endorsement for which the student is being trained. For a course
approved to substitute for a Coast Guard-administered examination, the
courses must be of such a degree of difficulty that a student who
successfully completes them would most likely pass, on the first
attempt, an examination prepared by the Coast Guard;
    (5) Require each student to successfully demonstrate practical
skills appropriate for the course material and equal to the level of
endorsement for which the course is approved;
    (6) Effective March 24, 2014, keep physical or electronic copies of
the following records for at least 5 years after the end of each
student's completion or disenrollment from a course or program:
    (i) A copy of each student's examination scores.
    (ii) A copy of each examination or, in the case of a practical test,
a report of such test.
    (iii) A record of each student's classroom attendance.
    (iv) A copy of each student's course completion certificate or
program completion certificate, as appropriate.
    (v) A summary of changes or modification to the last course
submittal.
    (vi) A list of all locations at which the training course was
presented and the number of times it was presented at each location.
    (vii) The name(s) of the instructor(s) who taught the course, which
does not include lab assistants or other non-teaching assistants.
    (viii) The number of students who began the training.
    (ix) The number of students who successfully completed the training.
    (x) The number of students who were required to retest.
    (xi) The number of students who were required to retake the entire
course.
    (xii) The number of students who were required to retake a portion
of the course;
    (7) Not significantly change its approved curriculum without
approval from the NMC as specified in Sec. 10.402(e) of this subpart;

[[Page 144]]

    (8) Conduct an internal audit midway through the term of the
course's approval and maintain the results of the audit for a period of
not less than 5 years. The audit will evaluate whether--
    (i) Records are being maintained according to these regulations;
    (ii) The course is being presented in accordance with the approval
letter; and
    (iii) Surveys from students indicate that the course is meeting
their needs; and
    (9) At any time, allow the Coast Guard to--
    (i) Inspect its facilities, equipment, and records, including
scholastic records;
    (ii) Conduct interviews and surveys of students to aid in course
evaluation and improvement;
    (iii) Assign personnel to observe or participate in the course of
instruction; and
    (iv) Supervise or administer the required examinations or practical
demonstrations, including the substitution of an applicable Coast Guard
examination in a course approved to substitute for a Coast Guard
administered examination.
    (b) [Reserved]



Sec. 10.404  Substitution of training for required service, use of
training-record books (TRBs), and use of towing officer assessment

records (TOARs).

    (a) Substitution of training for required service. (1) Satisfactory
completion of an approved training course may be substituted for a
portion of the required service on deck or in the engine department for
national deck or engineer endorsements. Satisfactory completion of an
approved training program which includes sea service may be substituted
for a portion of or all of the required service on deck or in the engine
department, except as limited by law for ratings. The list of all
currently approved courses and programs, including the equivalent
service and applicable endorsements, is maintained by the NMC.
    (2) Unless otherwise allowed, recency requirements may not be
achieved by service granted as a result of successful completion of
approved training or by training on a simulator; however, underway
service obtained as a portion of an approved course or program may be
used for this purpose.
    (3) Unless otherwise allowed, training obtained before receiving an
endorsement may not be used for service credit for subsequent raises of
grade, increases in scope, or renewals.
    (4) This provision for crediting service for training is not
applicable to STCW endorsements unless provided otherwise.
    (b) Use of training-record books (TRBs). (1) Approved training
programs for STCW endorsements for OICNW and OICEW must maintain a TRB
for each student where training and/or assessments of competence are
conducted onboard the ship. The TRB must contain at least the following
information:
    (i) The name of the applicant.
    (ii) 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 (incorporated by
reference, see Sec. 10.103 of this part).
    (iii) The method for demonstrating competence to be used in
determining that the tasks or skills have been performed properly, with
reference to the standards of competence set forth in the tables of
competence in the appropriate sections in part A of the STCW Code
(incorporated by reference, see Sec. 10.103 of this part).
    (iv) A place for a qualified instructor to indicate by his or her
initials that the applicant has received training in the proper
performance of the task or skill.
    (v) A place for a qualified assessor (QA) to indicate by his or her
initials that the applicant 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.
    (vi) The printed name of each qualified instructor, including any
MMC endorsements held, and the instructor's signature.
    (vii) The printed name of each qualified assessor, when any
assessment of competence is recorded, including any

[[Page 145]]

MMC endorsement, license, or document held by the assessor, and the
assessor'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 applicant.
    (2) The TRB referred to in paragraph (b) of this section may be
maintained electronically, provided the electronic record meets Coast
Guard-accepted standards for accuracy, integrity, and availability.
    (3) The Coast Guard may accept other forms of documentation as
meeting the requirements to maintain the training-record book.
    (c) Use of towing officer assessment records (TOARs). Each applicant
for an endorsement as master or mate (pilot) of towing vessels, and each
master or mate of self-propelled vessels of 200 GRT or more, seeking an
endorsement for towing vessels, must complete a TOAR approved by the
Coast Guard that contains at least the following:
    (1) Identification of the applicant, including his or her full name,
and reference number.
    (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 means for a designated examiner (DE) to attest that the
applicant has successfully completed a practical demonstration and has
proved proficient in the task or skill under the criteria.
    (6) Identification of each DE by his or her full name and reference
number, job title, ship name and official number, and serial number of
the MMC, license, or document held, and printed name and 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
applicant.



Sec. 10.405  Qualification as qualified assessor (QA) and designated
examiner (DE).

    (a) To become a QA, an applicant must have documentary evidence to
establish--
    (1) Experience, training, or instruction in assessment techniques;
    (2) Qualifications in the task for which the assessment is being
conducted; and
    (3) Possession of the level of endorsement, or other professional
credential, which provides proof that he or she has attained a level of
experience and qualification equal or superior to the relevant level of
knowledge, skills, and abilities to be assessed.
    (b) To become a DE for towing officer assessment records (TOARs), an
applicant must have documentary evidence to establish--
    (1) Experience, training, or instruction in assessment techniques on
towing vessels;
    (2) Qualifications on towing vessels in the task for which the
assessment is being conducted; and
    (3) Possession of the level of endorsement on towing vessels, or
other professional credential, which provides proof that he or she has
attained a level of qualification equal or superior to the relevant
level of knowledge, skills, and abilities described in the training
objectives.
    (c) Documentary evidence may be in the form of performance
evaluations, which include an evaluation of effectiveness in on-the-job
organization and delivery of training, or a certificate of successful
completion from an ``assessor training'' course.
    (d) In order to renew his or her qualifications, each QA and DE must
have either experience, training, or evidence of instruction in
effective assessment within the past 5 years.



Sec. 10.406  Approved courses.

    The NMC maintains the list of training organizations and the
approvals given to the training they offer. This information is
available online at www.uscg.mil/nmc.



Sec. 10.407  Approval of training programs.

    (a) Training programs approved to qualify a mariner to hold an STCW
or national endorsement must meet the standards in this section or the
requirements in Sec. 10.402 of this subpart. All such programs must
also meet the same standards as those found in

[[Page 146]]

Sec. 10.403 of this subpart. The Coast Guard will accept information
submitted by training providers to state, regional, and/or national
accrediting bodies as evidence such providers satisfy one or more of the
requirements of this section.
    (b) Categories. The Coast Guard may approve programs designed to
substitute for or fulfill any or all of the following:
    (1) A portion of sea service requirements.
    (2) Examinations required by the Coast Guard.
    (3) Professional competency requirements.
    (4) Regulatory requirements.
    (c) Request for approval. Organizations desiring program approval by
the Coast Guard must submit a written request and a complete curriculum
package to the National Maritime Center (NMC), either by mail or
electronically. The curriculum package must include the following
information:
    (1) A cover letter. The cover letter must contain--
    (i) The name of the organization providing the instruction;
    (ii) The location(s) where it will be held;
    (iii) A general description and overview of the program, including
the individual courses that are part of the program;
    (iv) The category of acceptance being sought as listed in paragraph
(b) of this section; and
    (v) Reference to regulatory requirements met by the training.
    (2) A goal statement(s). The goal statement should describe--
    (i) The specific performance behaviors to be measured;
    (ii) The conditions under which the performance behavior(s) will be
exhibited; and
    (iii) The level of performance behavior(s) that is to be achieved.
    (3) Performance objectives. Performance objectives are statements,
which identify the specific knowledge, skill, or ability the student
should gain and display as a result of the training or instructional
activity. A performance objective is made up of three elements: Expected
student performance, condition, and criterion.
    (4) Assessment instruments. Assessment instruments are any tools
used to determine whether the student has achieved the desired level of
knowledge, understanding, or proficiency.
    (5) Instructor information. Documentary evidence that each
instructor and assessor--
    (i) Has either experience, training, or evidence of instruction in
effective instructional techniques and/or in effective assessment
techniques;
    (ii) Is qualified in the task for which the training is being
conducted and have relevant experience; and
    (iii) Has attained a level of experience and qualification equal or
superior to the relevant level of knowledge, skills, and abilities
described in the performance objective.
    (6) Site information. Site information must include a description of
the facility or facilities at which the training will be held. Authority
to teach at an alternative site requires approval by the NMC.
    (7) A teaching syllabus. A detailed teaching syllabus providing the
following information:
    (i) Instructional strategy. Aspects of instructional strategies
should include--
    (A) The order of presentation;
    (B) The level of interaction, including the student-to-teacher
ratio;
    (C) Feedback;
    (D) Remediation;
    (E) Testing strategies; and
    (F) Media used to present information.
    (ii) Instructional materials, including lesson plans containing--
    (A) Pre-instructional activities;
    (B) Content presentation;
    (C) Student participation;
    (D) Assessment processes; and
    (E) Other instructional activities, such as homework and reading
assignments.
    (iii) Course surveys on the relevance and effectiveness of the
training completed by students.
    (iv) Course schedule, including the duration and order of lessons,
and an indication as to whether each lesson is--
    (A) A classroom lecture;
    (B) A practical demonstration;
    (C) A simulator exercise;

[[Page 147]]

    (D) An examination; or
    (E) Another method of instructional reinforcement.
    (8) Program completion certificate. A sample program completion
certificate.
    (d) Approval notification. The Coast Guard will notify each
applicant for program approval when an approval is granted or denied. If
the Coast Guard denies a request for approval, the Coast Guard will
inform the applicant of the reasons for the denial and describe the
corrections required for granting an approval.
    (e) Validity of program approval. Unless surrendered, suspended, or
withdrawn, an approval for a program is valid for up to a maximum of 5
years after issuance, unless--
    (1) The school ceases operation;
    (2) The school gives notice that it will no longer offer the
program;
    (3) The owner or operator fails to submit any required report; or
    (4) Any change occurs in the ownership of the school to which the
approval was issued.
    (f) Significant changes to the course program approval. (1) Any
significant changes to the program approval or the content of the
program will be handled as a request for renewal of an approval (as
specified in paragraph (f) of this section), or as a request for an
original approval (as specified in paragraph (b) of this section),
depending on the nature and scope of the change.
    (2) The Coast Guard may not accept program completion certificates
if the program does not follow the conditions of its approval.
    (g) Renewal of program approval. (1) If the owner or operator of a
training school desires to have a program's approval renewed, the owner
or operator must submit a request to the NMC accompanied by the
information from paragraphs (c)(1), (c)(5), (c)(6), and (c)(7) of this
section.
    (2) If satisfied that the content and quality of instruction remain
satisfactory, the Coast Guard will approve the request.
    (3) The renewed approval is valid as detailed in paragraph (d) of
this section.
    (h) Suspension of approval. (1) The Coast Guard may suspend the
approval, require the holder to surrender the certificate of approval,
and may direct the holder to cease claiming the program is Coast Guard-
approved, if it determines that a specific program does not comply with
the--
    (i) Applicable provisions of 46 CFR parts 10, 11, 12, or 13;
    (ii) Requirements specified in the program's approval; or
    (iii) Program's curriculum package as submitted for approval.
    (2) The Coast Guard will notify the approval holder in writing of
the intent to suspend program approval and the reasons for suspension.
If the approval holder fails to correct the reasons for suspension, the
program will be suspended. The Coast Guard will notify the approval
holder that the specific program fails to meet applicable requirements
and explain how the deficiency can be corrected.
    (3) The Coast Guard may grant the approval holder up to 90 days to
correct the deficiency.
    (4) Program completion certificates will not be accepted for
training provided during a period of suspension or expiration.
    (i) Withdrawal of approval. The Coast Guard may withdraw approval
for any program--
    (1) When the approval holder fails to correct the deficiency of a
suspended program within 90 days; or
    (2) Upon determining that the approval holder has demonstrated a
pattern or history of any of the following:
    (i) Failing to comply with the applicable regulations or the program
approval requirements.
    (ii) Deviating from approved program curricula.
    (iii) Presenting instructional material in a manner that does not
achieve the learning objectives.
    (iv) Falsifying any document required and integral to the conduct of
the program, including, but not limited to, attendance records, written
test grades, course completion grades, or assessment of practical
demonstrations.
    (j) 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 as provided in Sec. 1.03-40 of this chapter.

[[Page 148]]



Sec. 10.408  Coast Guard-accepted training other than approved courses
and programs.

    (a) When the training and assessment of competence required by this
part are not subject to Coast Guard approval under Sec. Sec. 10.402 and
10.407 of this subpart, but are used to qualify a mariner to hold an
endorsement, the offeror of the course or program must ensure that such
training and assessment meets the same standards as those found in
Sec. Sec. 10.402 and 10.403 of this subpart.
    (b) The Coast Guard will accept courses approved and monitored by a
Coast Guard-accepted Quality Standard System (QSS) organization. The
Coast Guard maintains a list of training organizations conducting
accepted training that are independently monitored by a Coast Guard-
accepted QSS organization. The Coast Guard-accepted QSS organization
must comply with the following requirements:
    (1) Submit a certificate of acceptance of training to the Coast
Guard.
    (2) Submit an updated certificate of acceptance to the Coast Guard
if the terms of acceptance have been changed.
    (3) Sign each certificate to the training organization owner or
operator, or its authorized representative(s), stating that the training
fully complies with the requirements of this section, and identifying
the Coast Guard-accepted QSS organization being used for independent
monitoring.
    (c) The training must be audited periodically in accordance with the
requirements of Sec. 10.409(e)(7) of this subpart. If the Coast Guard
determines, on the basis of its own observations or conclusions or those
of the Coast Guard-accepted QSS organization, that the particular
training does not satisfy one or more of the conditions described in
paragraph (a) of this section--
    (1) The Coast Guard or Coast Guard-accepted QSS organization 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 of time specified in the
notice, either appeal the observations or conclusions to the Commandant
(CG-CVC) or bring the training into compliance; and
    (3) If the appeal is denied--or if the deficiency is not corrected
in the allotted time, or within any additional time 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. The
Coast Guard may deny applications for endorsements based, in whole or in
part, on training not on the list, until additional training or
assessment is documented.



Sec. 10.409  Coast Guard-accepted Quality Standard System (QSS)
organizations.

    (a) Organizations wishing to serve as a Coast Guard-accepted QSS
organization, to accept and monitor training on behalf of the Coast
Guard, should apply to the National Maritime Center. An organization
submitting an application may not act as a Coast Guard-accepted QSS
organization until it has received its letter of acceptance.
    (b) Validity of acceptance. Organizations meeting the requirements
in paragraph (e) of this section will be issued a letter of acceptance
valid for a maximum period of 5 years from the date of issuance.
    (c) An organization wishing to become a Coast Guard-accepted QSS
organization must have processes for reviewing, accepting, and
monitoring training that are equal to the Coast Guard's course approval
and oversight processes in Sec. Sec. 10.402 through 10.410 of this
subpart.
    (d) Each person conducting evaluation and monitoring of the training
must be knowledgeable about the subjects being evaluated or monitored
and about the national and international requirements that apply to the
training, and must not be involved in the training and assessment of
students.
    (e) The documentation submitted to the Coast Guard must contain the
information listed below. An organization approved as a recognized
classification society in accordance with 46 CFR part 8, subpart B, need
not present evidence of compliance with paragraphs (e)(1) and (e)(8) of
this section.

[[Page 149]]

    (1) Identification of the organization: Name of the organization,
address, contact information, and organizational structure (including
the QSS department).
    (2) Scope of approval: Training and assessment the organization
wishes to accept and monitor.
    (3) Background of the organization: Historical information outlining
the organization's experience reviewing and accepting training and/or
assessment activities.
    (4) Staffing and support infrastructure, including--
    (i) Names and qualifications of the individuals who will be involved
in the review, acceptance, and monitoring of training and assessment;
    (ii) Description of the training given to individuals who will be
conducting review, acceptance, and monitoring activities; and
    (iii) Technical and support resources within the organization that
support the review, acceptance and monitoring activities.
    (5) Submission guidelines: Information for client organizations to
submit courses for review and acceptance, including criteria for course
design, instructor/assessor qualifications, syllabi, equipment, and
facilities.
    (6) Review and acceptance procedures. (i) Descriptions of the
methods of evaluation of the physical, administrative, and
infrastructure support aspects of client organizations;
    (ii) Descriptions of the methods of evaluation of the instructors or
qualified assessors of a client organization and the maintenance of
their records;
    (iii) Descriptions of format for accepting training material;
    (iv) Descriptions of the methods by which the course acceptance
process responds to the client organization modifications to the
training curriculum, changes to instructors or examiners, changes to the
infrastructure support; and
    (v) Descriptions of the renewal procedures.
    (7) Audit procedures: Description of the methods for auditing
accepted courses. Client organizations must be audited once in a 5-year
period.
    (8) Quality commitment: Provide evidence of having a quality
management system that includes the following elements:
    (i) A documented statement of a quality policy and quality
objectives.
    (ii) A quality manual.
    (iii) Documented procedures and records.
    (iv) Documents, including records, determined by the organization to
be necessary to ensure the effective planning, operation, and control of
its processes.
    (f) Coast Guard-accepted QSS organizations must notify the NMC of
the training they have accepted within 14 days of the acceptance date.
The notification must include the name and address of the institution,
the course title and the requirement the course meets, and a one-
paragraph description of the course's content.
    (g) Audits. (1) A Coast Guard-accepted QSS organization must conduct
internal audits at least once in 5 years with a minimum of 2 years
between reviews. Results of the internal audits must be available upon
request to the Coast Guard within 60 days of completion.
    (2) Each Coast Guard-accepted QSS organization may be audited by the
Coast Guard at least once every 5 years. The results of the audit will
be available to the Coast Guard-accepted QSS organization within 60 days
of completion of the audit.
    (3) Results of Coast Guard-accepted QSS organizations' audits to
client organizations must be available upon request to the Coast Guard
within 60 days of completion.
    (h) Disenrollment. (1) A Coast Guard-accepted QSS organization must
give each client organization it serves a 180-day notice of its
intention to cease to function as a Coast Guard-accepted QSS
organization.
    (2) If the Coast Guard determines that a Coast Guard-accepted QSS
organization is not meeting its obligations to review, accept, and
monitor training and assessment, the NMC will notify the organization in
writing and will enclose information about the events that led to this
determination. The organization will then have a specified period of
time to correct the deficiency or appeal the conclusions to the
Commandant (CG-5P). If the organization appeals, and the appeal is
denied, or

[[Page 150]]

the deficiencies are not corrected within the allotted time, the NMC
will withdraw the acceptance of the Coast Guard-accepted QSS
organization. The NMC will notify all client organizations affected by
this decision so that they may make arrangements to transfer to another
Coast Guard-accepted QSS organization or seek NMC approval for their
training.
    (i) A Coast Guard-accepted QSS organization may not approve courses
provided by subsidiary organizations.



Sec. 10.410  Quality Standard System (QSS) requirements.

    (a) Providers of Coast Guard-approved courses, programs, training,
and Coast Guard-accepted training creditable towards an STCW endorsement
must establish and maintain a Quality Standard System (QSS), in
accordance with Regulation I/8 of the STCW Convention (incorporated by
reference, see Sec. 10.103 of this part).
    (b) The QSS must be monitored by the Coast Guard or monitored
through a third party that is designated as a Coast Guard-accepted QSS
organization.
    (c) The Coast Guard-monitored QSS must--
    (1) Have a documented quality policy and quality objectives that
align with the commitment by the training institution to achieve its
missions and goals;
    (2) Maintain a manual that documents the objectives, authorities,
and responsibilities that are essential controls for the implementation
of the QSS, including--
    (i) The core procedures required to meet the missions and goals of
the institution;
    (ii) The documents necessary for effective design, planning,
operation, and control for the delivery of courses meeting the
regulatory requirements;
    (iii) The filing and archiving of records so they are retrievable
and legible;
    (iv) Action taken to stop recurrence of system, process, and product
nonconformity; and
    (v) Auditing, reviewing, and improving the performance of the
training management system.
    (d) Documentation from a nationally recognized academic
accreditation body may be accepted by the Coast Guard as meeting one or
more of the requirements listed in paragraph (c) of this section. The
documentation must be readily available for inspection upon request.
    (e) The Coast Guard will accept documentation from a training
institution certified under a national or international Quality
Management System Standard as meeting one or more of the requirements
listed in paragraph (c) of this section. The documentation must be
readily available for inspection upon request.
    (f) Coast Guard-approved courses, programs, and training creditable
towards an STCW endorsement must meet the requirements of this section
by January 1, 2017.
    (g) The Coast Guard will accept company ISM documentation as meeting
one or more of the requirements listed in paragraph (c) of this section.
    (h) Organizations are subject to audits at least twice in a 5-year
period. Organizations must cooperate with Coast Guard audits.



Sec. 10.411  Simulator performance standards.

    Simulators used in assessment of competence must meet the
appropriate performance standards set out in Section A-I/12 of the STCW
Code (incorporated by reference, see Sec. 10.103 of this part).
However, a simulator installed or brought into use before February 1,
2002, need not meet those standards if it fulfills the objectives of the
assessment of competence or demonstration of proficiency.



Sec. 10.412  Distance and e-learning.

    The Coast Guard may allow the training of mariners by means of
distance learning and e-learning in accordance with the standards of
training and assessment set forth in section B-I/6 (Training and
assessment) of the STCW Code (incorporated by reference, see Sec.
10.103 of this part).

[[Page 151]]



PART 11_REQUIREMENTS FOR OFFICER ENDORSEMENTS--Table of Contents



                            Subpart A_General

Sec.
11.101 Purpose of regulations.
11.102 Incorporation by reference.
11.103-11.105 [Reserved]
11.107 Paperwork approval.
11.109-11.113 [Reserved]

         Subpart B_General Requirements for Officer Endorsements

11.201 General requirements for national and STCW officer endorsements.
11.203-11.210 [Reserved]
11.211 Creditable service and equivalents for national and STCW officer
          endorsements.
11.212-11.216 [Reserved]
11.217 Examination procedures and denial of officer endorsements.
11.219-11.223 [Reserved]

                   Subpart C_STCW Officer Endorsements

11.301 Requirements for STCW officer endorsements.
11.302 Basic training.
11.303 Advanced firefighting.
11.304 STCW deck officer endorsements.
11.305 Requirements to qualify for an STCW endorsement as master of
          vessels of 3,000 GT or more (management level).
11.307 Requirements to qualify for an STCW endorsement as chief mate of
          vessels of 3,000 GT or more (management level).
11.309 Requirements to qualify for an STCW endorsement as officer in
          charge of a Navigational Watch (OICNW) on vessels of 500 GT or
          more (operational level).
11.311 Requirements to qualify for an STCW endorsement as master on
          vessels of 500 GT or more and less than 3,000 GT (management
          level).
11.313 Requirements to qualify for an STCW endorsement as chief mate on
          vessels of 500 GT or more and less than 3,000 GT (management
          level).
11.315 Requirements to qualify for an STCW endorsement as master on
          vessels of less than 500 GT (management level).
11.317 Requirements to qualify for an STCW endorsement as master on
          vessels of less than 500 GT limited to near-coastal waters
          (management level).
11.319 Requirements to qualify for an STCW endorsement as Officer in
          Charge of a Navigational Watch (OICNW) on vessels of less than
          500 GT (operational level).
11.321 Requirements to qualify for an STCW endorsement as Officer in
          Charge of a Navigational Watch (OICNW) on vessels of less than
          500 GT limited to near-coastal waters (operational level).
11.323 STCW engineer officer endorsements.
11.325 Requirements to qualify for an STCW endorsement as chief engineer
          officer on vessels powered by main propulsion machinery of
          3,000 kW/4,000 HP propulsion power or more (management level).
11.327 Requirements to qualify for an STCW endorsement as second
          engineer officer on vessels powered by main propulsion
          machinery of 3,000 kW/4,000 HP propulsion power or more
          (management level).
11.329 Requirements to qualify for an STCW endorsement as Officer in
          Charge on an Engineering Watch (OICEW) in a manned engineroom,
          or as a designated duty engineer in a periodically unmanned
          engineroom, on vessels powered by main propulsion machinery of
          750 kW/1,000 HP propulsion power or more (operational level).
11.331 Requirements to qualify for an STCW endorsement as chief engineer
          officer on vessels powered by main propulsion machinery of 750
          kW/1,000 HP or more and less than 3,000 kW/4,000 HP propulsion
          power (management level).
11.333 Requirements to qualify for an STCW endorsement as second
          engineer officer on vessels powered by main propulsion
          machinery of 750 kW/1,000 HP or more and less than 3,000 kW/
          4,000 HP propulsion power (management level).
11.335 Requirements to qualify for an STCW endorsement as an electro-
          technical officer on vessels powered by main propulsion
          machinery of 750 kW/1,000 HP or more (operational level).
11.337 Requirements to qualify for an STCW endorsement as vessel
          security officer.

     Subpart D_Professional Requirements for National Deck Officer
                              Endorsements

11.401 Ocean and near-coastal national officer endorsements.
11.402 Tonnage requirements for national ocean or near-coastal
          endorsements for vessels of 1,600 GRT or more.
11.403 Structure of national deck officer endorsements.
11.404 Service requirements for master of ocean or near-coastal self-
          propelled vessels of unlimited tonnage.
11.405 Service requirements for chief mate of ocean or near-coastal
          self-propelled vessels of unlimited tonnage.
11.406 Service requirements for second mate of ocean or near-coastal
          self-propelled vessels of unlimited tonnage.
11.407 Service requirements for third mate of ocean or near-coastal
          self-propelled vessels of unlimited tonnage.
11.410 Requirements for deck officer endorsements for vessels of less
          than 1,600 GRT.
11.412 Service requirements for master on ocean or near-coastal self-
          propelled vessels of less than 1,600 GRT.

[[Page 152]]

11.414 Service requirements for mate on ocean self-propelled vessels of
          less than 1,600 GRT.
11.416 Service requirements for mate on near-coastal self-propelled
          vessels of less than 1,600 GRT.
11.418 Service requirements for master on ocean or near-coastal self-
          propelled vessels of less than 500 GRT.
11.420 Service requirements for mate on ocean self-propelled vessels of
          less than 500 GRT.
11.421 Service requirements for mate on near-coastal self-propelled
          vessels of less than 500 GRT.
11.422 Tonnage limitations and qualifying requirements for endorsements
          as master or mate on vessels of less than 200 GRT.
11.424 Requirements for master on ocean self-propelled vessels of less
          than 200 GRT.
11.425 Requirements for mate on ocean self-propelled vessels of less
          than 200 GRT.
11.426 Requirements for master on near-coastal self-propelled vessels of
          less than 200 GRT.
11.427 Requirements for mate on near-coastal self-propelled vessels of
          less than 200 GRT.
11.428 Requirements for master on near-coastal self-propelled vessels of
          less than 100 GRT.
11.429 Requirements for a limited master on near-coastal self-propelled
          vessels of less than 100 GRT.
11.430 Endorsements for the Great Lakes and inland waters.
11.431 Tonnage requirements for Great Lakes and inland endorsements for
          vessels of 1,600 GT or more.
11.433 Requirements for master of Great Lakes and inland self-propelled
          vessels of unlimited tonnage.
11.435 Requirements for master of inland self-propelled vessels of
          unlimited tonnage.
11.437 Requirements for mate of Great Lakes and inland self-propelled
          vessels of unlimited tonnage.
11.442 Requirements for master of Great Lakes and inland self-propelled
          vessels of less than 1,600 GRT.
11.444 Requirements for mate of Great lakes and inland self-propelled
          vessels of less than 1,600 GRT.
11.446 Requirements for master of Great Lakes and inland self-propelled
          vessels of less than 500 GRT.
11.448 Requirements for mate of Great Lakes and inland self-propelled
          vessels of less than 500 GRT.
11.450 Tonnage limitations and qualifying requirements for endorsements
          as master or mate of Great Lakes and inland vessels of less
          than 200 GRT.
11.452 Requirements for master of Great Lakes and inland self-propelled
          vessels of less than 200 GRT.
11.454 Requirements for mate of Great Lakes and inland self-propelled
          vessels of less than 200 GRT.
11.455 Requirements for master of Great Lakes and inland self-propelled
          vessels of less than 100 GRT.
11.456 Requirements for limited master of Great Lakes and inland self-
          propelled vessels of less than 100 GRT.
11.457 Requirements for master of inland self-propelled vessels of less
          than 100 GRT.
11.459 Requirements for national endorsement as master or mate on
          rivers.
11.462 Requirements for national endorsement as master or mate of
          uninspected fishing industry vessels.
11.463 General requirements for national endorsements as master, mate
          (pilot), and apprentice mate (steersman) of towing vessels.
11.464 Requirements for national endorsements as master of towing
          vessels.
11.465 Requirements for national endorsements as mate (pilot) of towing
          vessels.
11.466 Requirements for national endorsements as apprentice mate
          (steersman) of towing vessels.
11.467 Requirements for a national endorsement as operator of
          uninspected passenger vessels of less than 100 GRT.
11.468 National officer endorsements for mobile offshore drilling units
          (MODUs).
11.470 National officer endorsements as offshore installation manager.
11.472 National officer endorsements as barge supervisor.
11.474 National officer endorsements as ballast control operator.
11.480 Radar observer.
11.482 Assistance towing.
11.491 National officer endorsements for service on offshore supply
          vessels.
11.493 Master (OSV).
11.495 Chief mate (OSV).
11.497 Mate (OSV).

   Subpart E_Professional Requirements for National Engineer Officer
                              Endorsements

11.501 Grades and types of national engineer endorsements issued.
11.502 General requirements for national engineer endorsements.
11.503 Propulsion power limitations for national endorsements.
11.504 Application of deck service for national limited engineer
          endorsements.
11.505 National engineer officer endorsements.
11.510 Service requirements for national endorsement as chief engineer
          on steam, motor, and/or gas turbine-propelled vessels.

[[Page 153]]

11.512 Service requirements for national endorsement as first assistant
          engineer of steam, motor, and/or gas turbine-propelled
          vessels.
11.514 Service requirements for national endorsement as second assistant
          engineer of steam, motor, and/or gas turbine-propelled
          vessels.
11.516 Service requirements for national endorsement as third assistant
          engineer of steam, motor, and/or gas turbine-propelled
          vessels.
11.518 Service requirements for national endorsement as chief engineer
          (limited) of steam, motor, and/or gas turbine-propelled
          vessels.
11.522 Service requirements for national endorsement as assistant
          engineer (limited) of steam, motor, and/or gas turbine-
          propelled vessels.
11.524 Service requirements for national endorsement as designated duty
          engineer (DDE) of steam, motor, and/or gas turbine-propelled
          vessels.
11.530 Endorsements as engineers of uninspected fishing industry
          vessels.
11.540 Endorsements as engineers of mobile offshore drilling units
          (MODUs).
11.542 Endorsement as chief engineer (MODU).
11.544 Endorsement as assistant engineer (MODU).
11.551 Endorsements for service on offshore supply vessels.
11.553 Chief engineer (OSV).
11.555 Assistant engineer (OSV).

                Subpart F_Credentialing of Radio Officers

11.601 Applicability.
11.603 Requirements for radio officers' endorsements.
11.604 Requirements for an STCW endorsement for Global Maritime Distress
          and Safety System (GMDSS) radio operators.

             Subpart G_Professional Requirements for Pilots

11.701 Scope of pilot endorsements.
11.703 Service requirements.
11.705 Route familiarization requirements.
11.707 Examination requirements.
11.709 Annual physical examination requirements.
11.711 Tonnage requirements.
11.713 Requirements for maintaining current knowledge of waters to be
          navigated.

 Subpart H_Registration of Staff Officers and Miscellaneous Endorsements

11.801 Applicability.
11.803 Staff departments.
11.805 General requirements.
11.807 Experience requirements for registry.
11.821 High-speed craft-type rating.

                   Subpart I_Subjects of Examinations

11.901 General provisions.
11.903 Officer endorsements requiring examinations.
11.910 Subjects for deck officer endorsements.
11.920 Subjects for MODU endorsements.
11.950 Examination subjects for engineer officer endorsements.

        Subpart J_Recognition of Other Parties' STCW Certificates

11.1001 Purpose of rules.
11.1003 General requirements.
11.1005 Employer application requirements.
11.1007 Basis for denial.
11.1009 Restrictions.

 Subpart K_Officers on a Passenger Ship When on an International Voyage

11.1101 Purpose of rules.
11.1103 Definitions.
11.1105 General requirements for officer endorsements.

    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, 8906, and 70105;
Executive Order 10173; Department of Homeland Security Delegation No.
0170.1. Section 11.107 is also issued under the authority of 44 U.S.C.
3507.

    Source: USCG-2004-17914, 78 FR 77909, Dec. 24, 2013, unless
otherwise noted.



                            Subpart A_General



Sec. 11.101  Purpose of regulations.

    (a) The purpose of this part is to provide--
    (1) A means of determining the qualifications an applicant must
possess to be eligible for an officer endorsement as a staff officer,
deck officer, engineer officer, pilot, or radio officer on merchant
vessels, or for an endorsement to operate uninspected passenger vessels;
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 Global Maritime Distress and Safety System (GMDSS) radio
operator, in accordance with the provisions of the International
Convention

[[Page 154]]

on Standards of Training, Certification and Watchkeeping for Seafarers,
1978, as amended (the STCW Convention or STCW), and other laws, and to
receive the appropriate endorsement as required by STCW.
    (b) With few exceptions, these regulations do not specify or
restrict officer endorsements to particular types of service such as
tankships, freight vessels, or passenger vessels. However, each officer
credentialed under this part must become familiar with the relevant
characteristics of a vessel prior to assuming his or her duties as
required in the provisions of Sec. 15.405 of this subchapter.

    (c) The regulations previously found in subpart C of this part that
prescribe the requirements applicable to approved training courses,
training for a particular officer endorsement, and training and
assessment associated with meeting the standards of competence
established by the STCW Convention have been moved to 46 CFR part 10,
subpart C.



Sec. 11.102  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 this section, the Coast Guard must publish a 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 Coast
Guard, Office of Operating and Environmental Standards (CG-CG-OES), 2100
2nd St. SW., Stop 7126, Washington, DC 20593-7126, 202-372-1405 and is
available from the sources listed below. It is also available for
inspection 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) International Maritime Organization (IMO), 4 Albert Embankment,
London SE1 7SR, England:

    (1) The International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended, 2011
(the STCW Convention or the STCW), incorporation by reference approved
for Sec. Sec. 11.201, 11.426, 11.427, 11.428, 11.429, 11.493, 11.495,
11.497, 11.553, 11.555, 11.1001, 11.1003, 11.1009, and 11.1105.

    (2) The Seafarers' Training, Certification and Watchkeeping Code, as
amended, 2011 (the STCW Code), incorporation by reference approved for
Sec. Sec. 11.201, 11.301, 11.302, 11.303, 11.305, 11.307, 11.309,
11.311, 11.313, 11.315, 11.317, 11.319, 11.321, 11.325, 11.327, 11.329,
11.331, 11.333, 11.335, 11.604, 11.901, and 11.1105.
    (3) The International Convention for the Safety of Life at Sea, 1974
(SOLAS), incorporation by reference approved for Sec. 11.601.



Sec. Sec. 11.103-11.105  [Reserved]



Sec. 11.107  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) The following control numbers have been assigned to the sections
indicated:

    (1) OMB 1625-0040-46 CFR 11.201, 11.202, 11.205, 11.470, 11.472,
11.474, 11.542, and 11.544.
    (2) OMB 1625-028-46 CFR 11.480.



Sec. Sec. 11.109-11.113  [Reserved]



         Subpart B_General Requirements for Officer Endorsements



Sec. 11.201  General requirements for national and STCW officer
endorsements.

    (a) General. In addition to the requirements of part 10 of this
subchapter, the applicant for an officer endorsement, 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, physical health, citizenship, approved training, professional
competence, and a test for dangerous drugs) before the Coast Guard will
issue to him or her a merchant mariner

[[Page 155]]

credential (MMC). An applicant for any STCW endorsement must hold the
appropriate national endorsement unless otherwise specified.
    (b) English language requirements. Except as provided in Sec.
11.467(i) of this part, an applicant for an officer endorsement 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.
    (c) Experience and service. (1) Applicants for officer endorsements
should refer to Sec. 10.232 of this subchapter for information
regarding requirements for documentation and proof of sea service.
    (2) An applicant for a national officer endorsement must have at
least 3 months of required service on vessels of appropriate tonnage or
horsepower within the 3 years immediately preceding the date of
application.
    (3) No original officer endorsement may be issued to any naturalized
citizen based on less experience in any grade or capacity than would
have been required of a citizen of the United States by birth.
    (4) Experience and service acquired on foreign vessels is creditable
for establishing eligibility for an officer endorsement, subject to
evaluation by the Coast Guard 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 must submit satisfactory documentary
evidence of such service (including any necessary translation into
English) in accordance with Sec. 10.232 of this subchapter.
    (5) No applicant for an original officer endorsement who is a
naturalized citizen and who has obtained experience on foreign vessels
will be given an original officer endorsement in a grade higher than
that upon which he or she has actually served while acting under the
authority of a foreign credential.
    (6) Experience acquired while the applicant was less than 16 years
of age is generally not creditable. Compelling circumstances and unique
experiences acquired before the applicant reaches 16 years of age will
be evaluated on a case-by-case basis.
    (d) Citizenship. No officer endorsement may be issued to any person
who is not a citizen of the United States with the exception of
operators of uninspected passenger vessels that are not documented under
the laws of the United States.
    (e) Age. Except as specified in this paragraph, no officer
endorsement may be issued to a person who has not attained the age of 21
years. The required evidence of age may be established using any of the
items submitted to establish citizenship set out in 49 CFR 1572.17.
    (1) An endorsement may be granted to an applicant who has reached
the age of 19 years as--
    (i) Master of near-coastal, Great Lakes and inland, or river vessels
of 25-200 GRT;
    (ii) Third mate;
    (iii) Third assistant engineer;
    (iv) Mate of vessels of between 200 GRT and 1,600 GRT;
    (v) Ballast control operator (BCO);
    (vi) Assistant engineer (MODU);
    (vii) Assistant engineer of fishing industry vessels;
    (viii) Mate (pilot) of towing vessels;
    (ix) Radio officer;
    (x) Assistant engineer (limited); or
    (xi) Designated duty engineer of vessels of less than 4,000 HP/3,000
kW.
    (2) An endorsement may be granted to an applicant who has reached
the age of 18 years as--
    (i) Limited master of near-coastal vessels of less than 100 GRT;
    (ii) Limited master of Great Lakes and inland vessels of less than
100 GRT;
    (iii) Mate of Great Lakes and inland vessels of 25-200 GRT;
    (iv) Mate of near-coastal vessels of 25-200 GRT;
    (v) Operator of uninspected passenger vessels (OUPV);
    (vi) Designated duty engineer of vessels of less than 1,000 HP/750
kW;
    (vii) Apprentice mate (steersman) of towing vessels;
    (viii) Officer in charge of a navigational watch (OICNW);
    (ix) Officer in charge of an engineering watch (OICEW); and

[[Page 156]]

    (x) Electro-technical officer (ETO).
    (f) Physical examination. (1) Persons serving or intending to serve
in the merchant marine service are encouraged to take the earliest
opportunity to ascertain, through examination, whether their visual
acuity, color vision, hearing, and general physical condition, are such
as to qualify them for service in that profession. Any physical
impairment or medical condition that would render an applicant
incompetent to perform the ordinary duties required of an officer is
cause for denial of an officer endorsement.
    (2) Applications for an original officer endorsement, raises of
grade, and extensions of route, must be current and up to date with
respect to service and the physical examination, as appropriate.
Physical examinations and applications are valid for 12 months from the
date the application is approved.
    (g) Character check. (1) An individual may apply for an original
officer endorsement, or officer or STCW endorsement 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 endorsement applied for. An officer or STCW endorsement issued to an
applicant on probation will be subject to the same probationary
conditions as were imposed against the applicant's other credential. An
applicant may not take an examination for an officer or STCW endorsement
during any period of time when a suspension without probation or a
revocation is effective against the applicant's currently held license,
merchant mariner document (MMD), or MMC, or while an appeal from these
actions is pending.
    (2) If information about the applicant's habits of life and
character is brought to the attention of the Coast Guard after an
original license, certificate of registry, or officer endorsement has
been issued, and if such information reasonably supports the conclusion
that the applicant cannot be entrusted with the duties and
responsibilities of the license, certificate of registry, or officer
endorsement issued, or indicates that the application for the license,
certificate of registry, or officer endorsement was false or incomplete,
the Coast Guard may notify the holder in writing that the license,
certificate of registry, or officer endorsement is considered null and
void, direct the holder to return the credential to the Coast Guard, and
advise the holder that, upon return of the credential, the appeal
procedures of Sec. 10.237 of this subchapter apply.
    (h) Firefighting certificate. (1) Applicants for an original officer
endorsement in the following categories must present a certificate of
completion from a firefighting course of instruction that has been
approved by the Coast Guard. The firefighting course must have been
completed within the past 5 years, or if it was completed more than 5
years before the date of application, the applicant must provide
evidence of maintaining the standard of competence in accordance with
the firefighting requirements for the credential sought.
    (2) The following categories must meet the requirements for basic
and advanced firefighting in Regulations VI/1 and VI/3 of the STCW
Convention and Tables A-VI/1-2 and A-VI/3 of the STCW Code (both
incorporated by reference, see Sec. 11.102 of this part):
    (i) National officer endorsements as master or mate on seagoing
vessels of 200 GRT or more.
    (ii) All national officer endorsements for master or mate (pilot) of
towing vessels, except apprentice mate (steersman) of the vessels, on
oceans.
    (iii) All national officer endorsements for MODUs.
    (iv) All national officer endorsements for engineers.
    (v) All national officer endorsements for OSVs.
    (vi) All STCW officer endorsements except GMDSS radio operator.
    (3) The following categories must meet the requirements for basic
firefighting in Regulation VI/1 of the STCW Convention and Table A-VI/1-
2 of the STCW Code:
    (i) Officer endorsement as master on vessels of less than 500 GT in
ocean service.
    (ii) All officer endorsements for master or mate (pilot) of towing
vessels, except apprentice mate (steersman) of

[[Page 157]]

towing vessels, in all services except oceans.
    (4) Applicants for a raise of grade of an officer endorsement who
have not previously met the requirements of paragraph (h) of this
section must do so.
    (i) First-aid and cardiopulmonary resuscitation (CPR) course
certificates. All applicants for an original officer endorsement, except
as provided in Sec. Sec. 11.429, 11.456, and 11.467 of this part, must
present to the Coast Guard--
    (1) Evidence of continued competency in STCW basic training in
accordance with Sec. 11.302 of this part or a certificate indicating
completion not more than 1 year from the date of application of --
    (i) The American National Red Cross Standard First Aid course or
American National Red Cross Community First Aid & Safety course; or
    (ii) A Coast Guard-approved first-aid course; and
    (2) A currently valid certificate of completion of a CPR course from
either--
    (i) The American National Red Cross;
    (ii) The American Heart Association; or
    (iii) A Coast Guard-approved CPR course.
    (j) Professional examination. (1) When the Coast Guard finds the
applicant's experience and training to be satisfactory, and the
applicant is eligible in all other respects, the Coast Guard will
authorize examination in accordance with the following requirements:
    (i) Except for an endorsement required by the STCW Convention, any
applicant for a deck or engineer officer endorsement limited to vessels
less than 200 GRT, or an officer endorsement limited to uninspected
fishing industry vessels, may request an orally assisted examination
instead of any written or other textual examination. If there are
textual questions that the applicant has difficulty reading and
understanding, the Coast Guard will offer the orally assisted
examination. Each officer endorsement based on an orally 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 officer endorsements appear in subpart I
of this part. The Coast Guard will place in the applicant's file a
record indicating the subjects covered.
    (iii) An applicant enrolled in an approved comprehensive program of
training, service, and assessment will be authorized for an examination
not more than 6 months prior to completion of the comprehensive program,
provided all sea service and assessments of competency are completed
prior to the examination.
    (iv) The examination, whether administered orally or by other means,
must be conducted only in the English language.
    (2) When the application has been approved for examination, the
approval is valid for 1 year.
    (3) An examination is not required for a staff officer or radio
officer endorsement.
    (k) Radar observer. Applicants for an endorsement as radar observer
must present a certificate of completion from a radar observer course as
required by Sec. 11.480 of this part.
    (l) Restrictions. The Coast Guard may modify the service and
examination requirements in this part to satisfy the unique
qualification requirements of an applicant or distinct group of
mariners. The Coast Guard may also lower the age requirement for OUPV
applicants. The authority granted by an officer endorsement will be
restricted to reflect any modifications made under the authority of this
paragraph.
[USCG-2004-17914, 78 FR 77909, Dec. 24, 2013, as amended by USCG-2014-
0688, 79 FR 58275, Sept. 29, 2014]



Sec. Sec. 11.202-11.210  [Reserved]



Sec. 11.211  Creditable service and equivalents for national and STCW
officer endorsements.

    (a) Applicants for officer endorsements should refer to Sec. 10.232
of this subchapter for information regarding requirements for
documentation and proof of sea service.
    (b) Service toward an oceans, near-coastal, or STCW endorsement will
be credited as follows:
    (1) Service on the Great Lakes will be credited on a day-for-day
basis up to

[[Page 158]]

100 percent of the total required service.
    (2) Service on inland waters, other than Great Lakes, that are
navigable waters of the United States, will be credited on a day-for-day
basis for up to 50 percent of the total required service.
    (c) Service on mobile offshore drilling units. (1) MODU service is
creditable for raise of grade of an officer endorsement. Evidence of 1
year of service on MODUs as mate or equivalent while holding an officer
endorsement or license as third mate, or as engineering officer of the
watch or equivalent while holding an officer endorsement or 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, non-restricted officer licenses or
endorsements must include a minimum of 6 months of service on
conventional vessels.
    (2) Service on MODUs maintaining station by means of dynamic
positioning, may be credited as service on conventional vessels for any
raise in grade; however, time more than 8 hours each day will not be
credited.
    (3) A day of creditable MODU service must be a minimum of 4 hours,
and no additional credit will be granted for periods of more than 8
hours.
    (4) Creditable MODU service excludes time spent ashore due to crew
rotation.
    (d) Service on Articulated Tug Barges (ATBs) and Integrated Tug
Barges (ITBs). Service on ATB or Dual Mode ITB units is creditable for
an original deck officer endorsement or raise of grade of any deck
officer endorsement. Service on an ATB or Dual Mode ITB with an
aggregate tonnage of 1,600 GRT/3,000 GT or more is creditable on a two-
for-one basis (2 days experience equals 1 day of creditable service) for
up to 50 percent of the total service on vessels of 1,600 GRT/3,000 GT
or more required for an unlimited officer endorsement. The remaining
required service on vessels of more than 1,600 GRT/3,000 GT must be
obtained on conventional vessels or Push Mode ITBs.
    (e) Service on towing vessels. Service as master or mate (pilot) on
towing vessels, when the aggregate tonnage of the tug and barges is
1,600 GRT/3,000 GT or more, is creditable, using the aggregate tonnage,
on a two-for-one basis (2 days experience equals 1 day of creditable
service) for up to 50 percent of the total service on vessels of 1,600
GRT/3,000 GT or more required for an unlimited officer endorsement. The
remaining required service on vessels of more than 1,600 GRT/3,000 GT
must be obtained on conventional vessels. This service must be
documented as specified in Sec. 10.232(a) of this subchapter.
    (f) Individuals obtaining sea service as part of an approved
training curriculum pursuant to either Sec. 11.407(a)(2) or Sec.
11.516(a)(3) of this part must do so in the capacity of cadet (deck) or
cadet (engine), as appropriate, notwithstanding any other rating
endorsements the individual may hold or any other capacity in which the
individual may have served.
    (g) Other experience. Other experience in a marine-related area,
other than at sea, or sea service performed on unique vessels, will be
evaluated by the Coast Guard for a determination of equivalence to
traditional service.
    (h) Tonnage. When determining sea service credit for officer
endorsement applicants under subpart D of this part, the tonnage of a
vessel solely admeasured using the Convention measurement scheme under
46 U.S.C. Chapter 143 will be credited as Gross Register Tonnage. This
paragraph does not apply to those vessels measured under the optional
regulatory measurement provisions of 46 U.S.C. 14305.



Sec. Sec. 11.212-11.216  [Reserved]



Sec. 11.217  Examination procedures and denial of officer endorsements.

    (a) The examination fee set out in Table 1 to Sec. 10.219(a) of
this subchapter 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 re-examination must be taken. On the subsequent
exam, if the applicant again fails three or more sections, at least 3
months must elapse before another complete examination is attempted, and
a new examination fee is required. If an applicant fails one or

[[Page 159]]

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, a
complete re-examination must be taken 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 Coast Guard if the applicant
presents evidence documenting sea time that 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. All examinations and
retests must be completed within 1 year of approval for examination.
    (b) If the Coast Guard refuses to grant an applicant the endorsement
applied for due to the applicant's failure to pass a required
examination, the Coast Guard will provide the applicant with a written
statement setting forth the portions of the examination that must be
retaken and the date by which the examination must be completed.



Sec. Sec. 11.219-11.223  [Reserved]



                   Subpart C_STCW Officer Endorsements



Sec. 11.301  Requirements for STCW officer endorsements.

    (a) Standard of competence. (1) The Coast Guard will accept one or
more methods listed in the STCW Code to demonstrate meeting the standard
of competence in this subpart. See Column 3--Methods for demonstrating
competence--of the Tables of Competence in the STCW Code (incorporated
by reference, see Sec. 11.102 of this part). The Coast Guard will
accept the following as evidence of meeting the standard of competence
under each of these methods:
    (i) In-service experience: Documentation of successful completion of
assessments, approved or accepted by the Coast Guard, and signed by a
qualified assessor (QA)--deck or engineering--as appropriate.
    (ii) Training ship experience: Documentation of successful
completion of an approved training program involving formal training and
assessment onboard a training ship.
    (iii) Simulator training: Documentation of successful completion of
training and assessment from a Coast Guard-approved course involving
maritime simulation.
    (iv) Laboratory equipment training: Documentation of successful
completion of training and assessments from an approved training course
or facility.
    (v) Practical training or instruction:
    (A) Documentation of successful completion of assessment as part of
a structured/formal training or instruction provided by an organization
or company as part of an accepted safety or quality management system;
or
    (B) Documentation of successful completion of an approved training
course from a school or facility.
    (vi) Specialist training: Documentation of successful completion of
assessment as part of a company training or specialized training
provided by a maritime or equipment specialist.
    (vii) Workshop skills training: Documentation of successful
completion of assessments or completion certificate from an approved
training program, school or facility.
    (viii) Training program: Documentation of successful completion of
an approved training program.
    (ix) Training on a manned scale ship model: Documentation of
successful completion of assessment as part of a structured/formal
training or instruction provided by an approved training school or
facility.
    (x) Practical demonstration of competence: Documentation of
successful completion of assessments approved or accepted by the Coast
Guard.
    (xi) Practical test and practical experience: Documentation of
successful completion of assessments approved or accepted by the Coast
Guard.
    (xii) Examination: Successful completion of a Coast Guard
examination.
    (xiii) Instruction or course: Documentation of successful completion
of an approved or accepted course of instruction.
    (2) Knowledge components may be documented by--
    (i) Successful completion of the Coast Guard examination for the
associated officer endorsement;

[[Page 160]]

    (ii) Successful completion of an approved course; or
    (iii) Successful completion of an approved program.
    (3) The Coast Guard will publish assessment guidelines that should
be used to document assessments that demonstrate meeting the standard of
competence, as required by paragraph (a)(1) of this section.
Organizations may develop alternative assessment documentation for
demonstrations of competence; however, such documentation must be
approved by the Coast Guard prior to its use and submittal with an
application.
    (b) Service. (1) Service as a rating will not be accepted to upgrade
from the operational-level to management-level STCW endorsements.
    (2) Service on the Great Lakes will be credited on a day-for-day
basis for up to 100 percent of the total required service.
    (3) Service on inland waters other than Great Lakes, which are
navigable waters of the United States, will be credited on a day-for-day
basis for up to 50 percent of the total required service.
    (4) Service accrued onboard vessels with dual tonnages (both
domestic and international) will be credited using the international
tonnage for the credential sought.
    (5) Applicants who cannot meet the requirement for 1 year of sea
service within the last 5 years as described in Sec. 11.303(c) of this
subpart, will be required to meet the requirements of Sec. 11.303(a) of
this subpart.
    (c) Operational-level endorsement. Applicants holding national
officer endorsements, who seek to add an STCW endorsement at the
operational level, must provide evidence of meeting the STCW
requirements found in this subpart, including--
    (1) Meeting the service requirements for the operational-level STCW
endorsement;
    (2) Satisfactory completion of the STCW operational-level standards
of competence; and
    (3) Satisfactory completion of the STCW operational-level training
as required in this part.
    (d) Management-level endorsement. Applicants holding national
officer endorsements as master, chief mate, chief engineer, or first
assistant engineer, and who seek to add an STCW endorsement at the
management level, must provide evidence of meeting the STCW requirements
found in this subpart, including--
    (1) Meeting the service requirements for the management-level STCW
endorsement;
    (2) Satisfactory completion of the STCW operational- and management-
level standards of competence; and
    (3) Satisfactory completion of the STCW operational- and management-
level training as required in this part.
    (e) Training and assessment for Automatic Radar Plotting Aids
(ARPA), Electronic Chart Display and Information System (ECDIS), or
Global Maritime Distress and Safety System (GMDSS). Training and
assessment in the use of ARPA, ECDIS, or GMDSS is not required for those
who serve exclusively on ships not fitted with ARPA, ECDIS, or GMDSS.
For ARPA and ECDIS, this limitation must be reflected in the endorsement
issued to the seafarer concerned. GMDSS is a separate endorsement that
will only be added if the applicant qualifies for it.
    (f) Exemptions and Limitations. (1) The Coast Guard may exempt an
applicant from meeting any individual knowledge, understanding, and
proficiency required in the appropriate table of competence in the STCW
Code. These exemptions must be approved by the Coast Guard based upon
vessel type. Under these circumstances, the certificate may include a
corresponding limitation. (2) A seafarer may have a limitation removed
by providing the Coast Guard with evidence of having completed the
individual knowledge, understanding, and proficiency required.
    (g) Grandfathering. (1) Except as noted otherwise, each candidate
who applies for a credential based on approved or accepted training or
approved seagoing service that was started on or after March 24, 2014,
or who applies for the MMC endorsement on or after January 1, 2017, must
meet the requirements of this part.
    (2) Except as noted by this subpart, seafarers holding an STCW
endorsement prior to March 24, 2014, will not be required to complete
any additional

[[Page 161]]

training required under this part to retain the STCW endorsements until
January 1, 2017.
    (3) Except as noted otherwise, candidates who apply for a credential
based on approved or accepted training or approved seagoing service that
commenced before March 24, 2014, may qualify under the requirements of
this part existing before that date. This includes the assessments
published prior to March 24, 2014, as well as the additional
requirements for the STCW endorsement section.
    (4) Persons who hold or have held an STCW operational-level
endorsement issued prior to March 24, 2014 and are seeking to upgrade to
an STCW management-level endorsement will not be required to complete
the practical assessments for STCW operational-level endorsements as
required in paragraph (d)(2) of this section.
    (5) Except as noted by this subpart, the Coast Guard will continue
to issue STCW endorsements meeting the requirements of this part
existing before March 24, 2014, for seafarers identified in paragraph
(g)(3) of this section, until January 1, 2017.
    (h) Notwithstanding Sec. 11.901 of this part, each mariner found
qualified to hold any of the following national officer endorsements
will also be entitled to hold an STCW endorsement corresponding to the
service or other limitations of the license or officer endorsements on
the MMC. The vessels concerned are not subject to further obligation
under STCW because of their special operating conditions as small
vessels engaged in domestic, near-coastal voyages.
    (1) Masters, mates, or engineers endorsed for service on small
passenger vessels that are subject to subchapter T or K of this chapter
and that operate beyond the boundary line.
    (2) Masters, mates, or engineers endorsed for service on seagoing
vessels of less than 200 GRT, other than passenger vessels subject to
subchapter H of this chapter.
    (i) Mariners serving on, and owners or operators of any of the
following vessels, do not need to hold an STCW endorsement, because they
are exempt from application of STCW:
    (1) Fishing vessels as defined in 46 U.S.C. 2101(11)(a).
    (2) Fishing vessels used as fish-tender vessels as defined in 46
U.S.C. 2101(11)(c).
    (3) Barges as defined in 46 U.S.C. 102, including non-self-propelled
mobile offshore drilling units.
    (4) Vessels operating exclusively on the Great Lakes or on the
inland waters of the United States in the Straits of Juan de Fuca or on
the Inside Passage between Puget Sound and Cape Spencer.
    (j) Mariners serving on, and owners or operators of uninspected
passenger vessels as defined in 46 U.S.C. 2101(42)(B), do not need to
hold an STCW endorsement. The vessels concerned are not subject to
further obligation under STCW because of their special operating
conditions as small vessels engaged in domestic, near-coastal voyages.

[USCG-2004-17914, 78 FR 77909, Dec. 24, 2013, as amended by USCG-2014-
0688, 79 FR 58276, Sept. 29, 2014]



Sec. 11.302  Basic training.

    (a) Applicants seeking an STCW officer endorsement must provide
evidence of meeting the standard of competence for basic training (BT)
as follows:
    (1) Personal survival techniques as set out in Table A-VI/1-1 of the
STCW Code (incorporated by reference, see Sec. 11.102 of this part).
    (2) Fire prevention and firefighting 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.
    (b) Every 5 years seafarers qualified in accordance with Sec.
11.301(c) and (d) of this subpart must provide evidence of maintaining
the standard of competence for BT.
    (c) The Coast Guard will accept onboard training and experience,
through evidence of 1 year of sea service within the last 5 years, for
the following areas:
    (1) Personal survival techniques as set out in Table A-VI/1-1 of the
STCW Code:
    (i) Donning a lifejacket.

[[Page 162]]

    (ii) Boarding a survival craft from the ship, while wearing a
lifejacket.
    (iii) Taking initial actions on boarding a lifeboat to enhance
chance of survival.
    (iv) Streaming a lifeboat drogue or sea-anchor.
    (v) Operating survival craft equipment.
    (vi) Operating location devices, including radio equipment.
    (2) Fire prevention and firefighting as set out in Table A-VI/1-2 of
the STCW Code:
    (i) Using self-contained breathing apparatus.
    (ii) Performing a rescue in a smoke-filled space, using an approved
smoke-generating device aboard, while wearing a breathing apparatus.
    (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.
    (d) The Coast Guard will only accept evidence of approved
assessments conducted ashore for the following areas:
    (1) Personal survival techniques as set out in Table A-VI/1-1 of the
STCW Code:
    (i) Donning and using an immersion suit.
    (ii) Safely jumping from a height into the water.
    (iii) Righting an inverted liferaft while wearing a lifejacket.
    (iv) Swimming while wearing a lifejacket.
    (v) Keeping afloat without a lifejacket.
    (2) Fire prevention and firefighting as set out in Table A-VI/1-2 of
the STCW Code:
    (i) Using various types of portable fire extinguishers.
    (ii) Extinguishing smaller fires, e.g., electrical fires, oil fires,
and propane fires.
    (iii) Extinguishing extensive fires with water, using jet and spray
nozzles.
    (iv) Extinguishing fires with foam, powder, or any other suitable
chemical agent.
    (v) Fighting fire in smoke-filled enclosed spaces wearing self-
contained breathing apparatus.
    (vi) Extinguishing fire with water fog or any other suitable
firefighting agent in an accommodation room or simulated engineroom with
fire and heavy smoke.
    (vii) Extinguishing oil fire with fog applicator and spray nozzles,
dry chemical powder, or foam applicators.
    (e) Applicants who cannot meet the requirement for 1 year of sea
service within the last 5 years, as described in paragraph (c) of this
section, will be required to meet the requirements of paragraph (a) of
this section or complete approved or accepted refresher training.



Sec. 11.303  Advanced firefighting.

    (a) Advanced firefighting. Applicants seeking an STCW officer
endorsement must provide evidence of meeting the standard of competence
as set out in Table A-VI/3 of the STCW Code (incorporated by reference,
see Sec. 11.102 of this part). Applicants for an original STCW officer
endorsement, who met the requirements of Sec. 11.201(h) of this part
will be deemed to have met the requirement of this paragraph.
    (b) Every 5 years seafarers qualified in accordance with paragraph
(a) of this section must provide evidence of maintaining the standard of
competence as set out in Table A-VI/3 of the STCW Code.
    (c) The Coast Guard will accept onboard training and experience,
through evidence of 1 year of sea service within the last 5 years, as
meeting the requirements of paragraph (b) of this section for the
following areas as set out in Table A-VI/3 of the STCW Code:
    (1) Control firefighting operations aboard ships with the following
knowledge, understanding, and proficiencies:
    (i) Firefighting procedures at sea and in port, with particular
emphasis on organization, tactics and command.
    (ii) Communication and coordination during firefighting operations.
    (iii) Ventilation control, including smoke extraction.
    (iv) Control of fuel and electrical systems.
    (v) Firefighting process hazards (dry distillation, chemical
reactions, boiler uptake).
    (vi) Fire precautions and hazards associated with the storage and
handling of materials.

[[Page 163]]

    (vii) Management and control of injured persons.
    (viii) Procedures for coordination with shore-based firefighters.
    (2) Inspect and service fire-detection and extinguishing systems and
equipment.
    (i) Requirements for statutory and classification surveys.
    (ii) Reserved.
    (d) The Coast Guard will only accept evidence of assessments
conducted ashore as meeting the requirements of paragraph (b) of this
section for the following areas as set out in Table A-VI/3 of the STCW
Code:
    (1) Control firefighting operations aboard ships with the following
knowledge, understanding, and proficiencies:
    (i) Use of water for fire-extinguishing, the effect on ship
stability, precautions and corrective procedures.
    (ii) Firefighting involving dangerous goods.
    (2) Organize and train fire parties.
    (3) Inspect and service fire-detection and extinguishing systems and
equipment.
    (i) Fire detection. Fire-detection systems; fixed fire-extinguishing
systems; portable and mobile fire-extinguishing equipment, including
appliances, pumps and rescue, salvage; life-support; personal protective
and communication equipment.
    (ii) Reserved.
    (4) Investigate and compile reports on incidents involving fire.
    (e) Applicants who cannot meet the requirement for 1 year of sea
service within the last 5 years, as described in paragraph (c) of this
section, will be required to meet the requirements of paragraph (a) of
this section or complete approved or accepted refresher training.



Sec. 11.304  STCW deck officer endorsements.

    (a) Specific requirements for all STCW deck officer endorsements are
detailed in the applicable sections in this part.
    (1) Master on vessels of 3,000 GT or more (management level).
    (2) Chief mate on vessels of 3,000 GT or more (management level).
    (3) Officer in charge of a navigational watch (OICNW) of vessels of
500 GT or more (operational level).
    (4) Master of vessels of 500 GT or more and less than 3,000 GT
(management level).
    (5) Chief mate of vessels of 500 GT or more and less than 3,000 GT
(management level).
    (6) Master of vessels of less than 500 GT (management level).
    (7) Master of vessels of less than 500 GT limited to near-coastal
waters (management level).
    (8) OICNW of vessels of less than 500 GT (operational level).
    (9) OICNW of vessels of less than 500 GT limited to near-coastal
waters (operational level).
    (b) [Reserved]



Sec. 11.305  Requirements to qualify for an STCW endorsement as master
of vessels of 3,000 GT or more (management level).

    (a) To qualify for an STCW endorsement as master, an applicant
must--
    (1) Provide evidence of 36 months of service as OICNW on vessels
operating in oceans, near-coastal waters, and/or Great Lakes. This
period may be reduced to not less than 24 months if the applicant served
as chief mate for not less than 12 months. Service on inland waters that
are navigable waters of the United States may be substituted for up to
50 percent of the total required service. Experience gained in the
engine department on vessels may be creditable for up to 3 months of the
service requirements;
    (2) Provide evidence of meeting the standard of competence specified
in Section A-II/2 of the STCW Code (incorporated by reference, see Sec.
11.102 of this part); and
    (3) Provide evidence of having satisfactorily completed approved
training in the following subject areas:
    (i) Advanced shiphandling.
    (ii) Advanced stability.
    (iii) Advanced meteorology.
    (iv) Leadership and managerial skills.
    (v) Search and rescue.
    (vi) ARPA, if serving on a vessel with this equipment.
    (vii) ECDIS, if serving on a vessel with this equipment.

[[Page 164]]

    (viii) GMDSS, if serving on a vessel with this equipment.
    (ix) Management of medical care.
    (b) For a renewal of an STCW endorsement as master of vessels of
3,000 GT or more to be valid on or after January 1, 2017, each candidate
must provide evidence of successful completion of approved training in
the following:
    (1) Leadership and managerial skills.
    (2) ECDIS, if serving on a vessel with this equipment.
    (c) The Coast Guard may exempt an applicant from meeting any
individual knowledge, understanding, and proficiency required in Section
A-II/2 of the STCW Code. These exemptions must be approved by the Coast
Guard based upon vessel type. Under these circumstances, the credential
may include a corresponding limitation.
    (d) Seafarers holding an STCW endorsement as masters of vessels of
500 GT or more and less than 3,000 GT, in accordance with Sec. 11.311
of this subpart, are eligible to apply for the endorsement as master on
vessels of 3,000 GT or more upon completion of 6 months of sea service,
under the authority of the endorsement, and must complete any items in
paragraphs (a)(2) and (a)(3) of this section not previously satisfied.
    (e) Seafarers with one of the following national officer
endorsements are eligible to apply for this endorsement upon completion
of the requirements in table 1 to this paragraph:

             Table 1 to Sec. 11.305(e)--STCW Endorsement as Master of Vessels of 3,000 GT or More
----------------------------------------------------------------------------------------------------------------
                                           Sea service under
Entry path from national endorsements      authority of the      Competence--STCW Table A-  Training required by
                                            endorsement \1\              II/2 \2\             this section \3\
----------------------------------------------------------------------------------------------------------------
Master ocean or near-coastal,          None....................  Yes.....................  Yes.
 unlimited tonnage.
Master OSV...........................  None....................  Yes.....................  Yes.
----------------------------------------------------------------------------------------------------------------
\1\ This column provides the minimum additional service required of the seafarer in order to meet the
  requirements of this section.
\2\ Complete any items in paragraph (a)(2) of this section not previously satisfied.
\3\ Complete any items in paragraph (a)(3) of this section not previously satisfied.


[USCG-2004-17914, 78 FR 77909, Dec. 24, 2013, as amended by USCG-2014-
0688, 79 FR 58276, Sept. 29, 2014]



Sec. 11.307  Requirements to qualify for an STCW endorsement as chief
mate of vessels of 3,000 GT or more (management level).

    (a) To qualify for an STCW endorsement as chief mate, an applicant
must--
    (1) Provide evidence of 12 months of service as OICNW on vessels
operating in oceans, near-coastal waters, and/or Great Lakes. Service on
inland waters, bays, or sounds that are navigable waters of the United
States may be substituted for up to 50 percent of the total required
service. Experience gained in the engine department on vessels may be
creditable for up to 1 month of the service requirements;
    (2) Meet the standard of competence specified in Section A-II/2 of
the STCW Code (incorporated by reference, see Sec. 11.102 of this
part); and
    (3) Provide evidence of having satisfactorily completed approved
training in the following subject areas:
    (i) Advanced shiphandling.
    (ii) Advanced stability.
    (iii) Advanced meteorology.
    (iv) Leadership and managerial skills.
    (v) Search and rescue.
    (vi) ARPA, if serving on a vessel with this equipment.
    (vii) ECDIS, if serving on a vessel with this equipment.
    (viii) GMDSS, if serving on a vessel with this equipment.
    (ix) Management of medical care.
    (b) For a renewal of an STCW endorsement as chief mate of vessels of
3,000 GT or more to be valid on or after January 1, 2017, each candidate
must provide evidence of successful completion of approved training in
the following:
    (1) Leadership and managerial skills.
    (2) ECDIS, if serving on a vessel with this equipment.
    (c) The Coast Guard may exempt an applicant from meeting any
individual

[[Page 165]]

knowledge, understanding, and proficiency required in Section A-II/2 of
the STCW Code. These exemptions must be approved by the Coast Guard
based upon vessel type. Under these circumstances, the credential may
include a corresponding limitation.
    (d) Seafarers holding an STCW endorsement as chief mate of vessels
of 500 GT or more and less than 3,000 GT, in accordance with Sec.
11.313 of this subpart, are eligible to apply for the endorsement as
chief mate on vessels of 3,000 GT or more upon completion of 6 months of
sea service, under the authority of the endorsement, and must complete
any items in paragraphs (a)(2) and (a)(3) of this section not previously
satisfied.
    (e) Seafarers with one of the following national officer
endorsements are eligible to apply for this endorsement upon completion
of the requirements in the following table:

           Table 1 to Sec. 11.307(e)--STCW Endorsement as Chief Mate of Vessels of 3,000 GT or More
----------------------------------------------------------------------------------------------------------------
                                           Sea service under
Entry path from national endorsements      authority of the      Competence--STCW Table A-  Training required by
                                            endorsement \1\              II/2 \2\             this section \3\
----------------------------------------------------------------------------------------------------------------
Chief mate ocean or near-coastal,      None....................  Yes.....................  Yes.
 unlimited tonnage.
Master ocean or near-coastal, less     12 months...............  Yes.....................  Yes.
 than 500 GRT.
Chief mate OSV.......................  None....................  Yes.....................  Yes.
Master towing vessel ocean or near-    12 months...............  Yes.....................  Yes.
 coastal.
----------------------------------------------------------------------------------------------------------------
\1\ This column provides the minimum additional service required of the seafarer in order to meet the
  requirements of this section.
\2\ Complete any items in paragraph (a)(2) of this section not previously satisfied.
\3\ Complete any items in paragraph (a)(3) of this section not previously satisfied.


[USCG-2004-17914, 78 FR 77909, Dec. 24, 2013, as amended by USCG-2014-
0688, 79 FR 58276, Sept. 29, 2014]



Sec. 11.309  Requirements to qualify for an STCW endorsement as Officer
in charge of a navigational watch (OICNW) of vessels of 500 GT or more

(operational level).

    (a) To qualify for an STCW endorsement as OICNW, an applicant must--
    (1) Provide evidence of seagoing service as follows:
    (i) Thirty-six months of seagoing service in the deck department on
vessels operating in oceans, near-coastal waters, and/or Great Lakes.
Service on inland waters, bays, or sounds that are navigable waters of
the United States may be substituted for up to 50 percent of the total
required service; or
    (ii) Twelve months of seagoing service as part of an approved
training program, which includes onboard training that meets the
requirements of Section A-II/1 of the STCW Code (incorporated by
reference, see Sec. 11.102 of this part);
    (2) Provide evidence of having performed, during the required
seagoing service, bridge watchkeeping duties under the supervision of an
officer holding the STCW endorsement as master, chief mate, second mate,
or OICNW, for a period of not less than 6 months;
    (3) Provide evidence of meeting the standard of competence specified
in Section A-II/1 of the STCW Code; and
    (4) Provide evidence of having satisfactorily completed approved
training in the following subject areas:
    (i) Medical first-aid provider.
    (ii) Radar observer.
    (iii) Search and rescue.
    (iv) Basic and advanced firefighting in accordance with Sec. 11.303
of this subpart.
    (v) Proficiency in survival craft and rescue boats other than fast
rescue boats (PSC) or proficiency in survival craft and rescue boats
other than lifeboats and fast rescue boats (PSC-limited).
    (vi) Visual signaling.
    (vii) Bridge resource management (BRM).
    (viii) Terrestrial and celestial navigation, and electronic
navigation systems.
    (ix) Watchkeeping, including International Regulations for
Preventing Collisions at Sea (COLREGS) and IMO

[[Page 166]]

standard marine communication phrases (SMCP).
    (x) Cargo handling and stowage.
    (xi) Ship handling.
    (xii) Stability and ship construction.
    (xiii) Meteorology.
    (xiv) ARPA, if serving on a vessel with this equipment.
    (xv) GMDSS, if serving on a vessel with this equipment.
    (xvi) ECDIS, if serving on a vessel with this equipment.
    (b) Experience gained in the engine department on vessels may be
creditable for up to 3 months of the service requirements in paragraph
(a)(1)(i) of this section.
    (c) For a renewal of an STCW endorsement as OICNW of vessels of 500
GT or more to be valid on or after January 1, 2017, each candidate must
provide the following:
    (1) Evidence of meeting the standard of competence in leadership and
teamworking skills.
    (2) Completion of approved training in ECDIS, if serving on a vessel
with this equipment.
    (d) The Coast Guard may exempt an applicant from meeting any
individual knowledge, understanding, and proficiency required in Section
A-II/1 of the STCW Code. These exemptions must be approved by the Coast
Guard based upon vessel type. Under these circumstances, the credential
may include a corresponding limitation.
    (e) Seafarers with one of the following national officer
endorsements are eligible to apply for this endorsement upon completion
of the requirements in the following table:


               Table 1 to Sec. 11.309(e)--STCW Endorsement as OICNW of Vessels of 500 GT or More
----------------------------------------------------------------------------------------------------------------
                                           Sea service under
Entry path from national endorsements      authority of the      Competence--STCW Table A-  Training required by
                                            endorsement \1\              II/2 \2\             this section \3\
----------------------------------------------------------------------------------------------------------------
Mate ocean or near-coastal, unlimited  None....................  Yes.....................  Yes.
 tonnage.
Master ocean or near-coastal, less     6 months................  Yes.....................  Yes.
 than 500 GRT.
Mate ocean or near-coastal, less than  None....................  Yes.....................  Yes.
 1,600 GRT.
Mate ocean or near-coastal, less than  12 months...............  Yes.....................  Yes.
 500 GRT.
Mate OSV.............................  12 months \1\...........  Yes.....................  Yes.
Mate towing vessel ocean or near-      6 months................  Yes.....................  Yes.
 coastal.
----------------------------------------------------------------------------------------------------------------
\1\ This column provides the minimum additional service required of the seafarer in order to meet the
  requirements of this section.
\2\ Complete any items in paragraph (a)(3) of this section not previously satisfied.
\3\ Complete any items in paragraph (a)(4) of this section not previously satisfied.


[USCG-2004-17914, 78 FR 77909, Dec. 24, 2013, as amended by USCG-2014-
0688, 79 FR 58276, Sept. 29, 2014]



Sec. 11.311  Requirements to qualify for an STCW endorsement as master
of vessels of 500 GT or more and less than 3,000 GT (management level).

    (a) To qualify for an STCW endorsement as master, an applicant
must--
    (1) Provide evidence of 36 months of service as OICNW on vessels
operating in oceans, near-coastal waters, and/or Great Lakes. However,
this period may be reduced to not less than 24 months if the applicant
served as chief mate for not less than 12 months. Service on inland
waters, bays, or sounds that are navigable waters of the United States
may be substituted for up to 50 percent of the total required service.
Experience gained in the engine department on vessels may be creditable
for up to 3 months of the service requirements;
    (2) Provide evidence of meeting the standard of competence specified
in Section A-II/2 of the STCW Code (incorporated by reference, see Sec.
11.102 of this part); and
    (3) Provide evidence of having satisfactorily completed approved
training in the following subject areas:
    (i) Advanced shiphandling.
    (ii) Advanced stability.
    (iii) Advanced meteorology.
    (iv) Leadership and managerial skills.
    (v) Search and rescue.
    (vi) Management of medical care.
    (vii) ECDIS, if serving on a vessel with this equipment.

[[Page 167]]

    (viii) ARPA, if serving on a vessel with this equipment.
    (ix) GMDSS, if serving on a vessel with this equipment.
    (b) For a renewal of an STCW endorsement as master of vessels of 500
GT or more and less than 3,000 GT to be valid on or after January 1,
2017, each candidate must provide evidence of successful completion of
approved training in the following:
    (1) Leadership and managerial skills.
    (2) ECDIS, if serving on a vessel with this equipment.
    (c) The Coast Guard may exempt an applicant from meeting any
individual knowledge, understanding, and proficiency required in Section
A-II/2 of the STCW Code. These exemptions must be approved by the Coast
Guard based upon vessel type. Under these circumstances, the credential
may include a corresponding limitation.
    (d) Seafarers with one of the following national officer
endorsements are eligible to apply for this endorsement upon completion
of the requirements in the following table:

   Table 1 to Sec. 11.311(d)--STCW Endorsement as Master of Vessels of 500 GT or More and Less Than 3,000 GT
----------------------------------------------------------------------------------------------------------------
                                           Sea service under
Entry path from national endorsements      authority of the      Competence--STCW Table A-  Training required by
                                            endorsement \1\              II/3 \2\             this section \3\
----------------------------------------------------------------------------------------------------------------
Master oceans or near-coastal, less    None....................  Yes.....................  Yes.
 than 1,600 GRT.
Master OSV...........................  None....................  Yes.....................  Yes.
Master oceans or near-coastal, less    12 months...............  Yes.....................  Yes.
 than 500 GRT.
Master towing vessel oceans or near-   12 months...............  Yes.....................  Yes.
 coastal.
----------------------------------------------------------------------------------------------------------------
\1\ This column provides the minimum additional service required of the seafarer in order to meet the
  requirements of this section.
\2\ Complete any items in paragraph (a)(2) of this section not previously satisfied.
\3\ Complete any items in paragraph (a)(3) of this section not previously satisfied.

[USCG-2004-17914, 78 FR 77909, Dec. 24, 2013, as amended by USCG-2014-
0688, 79 FR 58276, Sept. 29, 2014]



Sec. 11.313  Requirements to qualify for an STCW endorsement as chief
mate of vessels of 500 GT or more and less than 3,000 GT (management

level).

    (a) To qualify for an STCW endorsement as chief mate, an applicant
must--
    (1) Provide evidence of 12 months of service as OICNW on vessels
operating in oceans, near-coastal waters, and/or Great Lakes. Service on
inland waters, bays, or sounds that are navigable waters of the United
States may be substituted for up to 50 percent of the total required
service. Experience gained in the engine department on vessels may be
creditable for up to 1 month of the service requirements;
    (2) Provide evidence of meeting the standard of competence specified
in Section A-II/2 of the STCW Code (incorporated by reference, see Sec.
11.102 of this part); and
    (3) Provide evidence of having satisfactorily completed approved
training in the following subject areas:
    (i) Advanced shiphandling.
    (ii) Advanced stability.
    (iii) Advanced meteorology.
    (iv) Leadership and managerial skills.
    (v) Search and rescue.
    (vi) Management of medical care.
    (vii) ECDIS, if serving on a vessel with this equipment.
    (viii) ARPA, if serving on a vessel with this equipment.
    (ix) GMDSS, if serving on a vessel with this equipment.
    (b) For a renewal of an STCW endorsement as chief mate of vessels of
500 GT or more and less than 3,000 GT to be valid on or after January 1,
2017, each candidate must provide evidence of successful completion of
approved training in the following:
    (1) Leadership and managerial skills.
    (2) ECDIS, if serving on a vessel with this equipment.
    (c) The Coast Guard may exempt an applicant from meeting any
individual knowledge, understanding, and proficiency required in Section
A-II/2 of the STCW Code. These exemptions must be approved by the Coast
Guard based upon vessel type. Under these

[[Page 168]]

circumstances, the credential may include a corresponding limitation.
    (d) Seafarers with one of the following national officer
endorsements are eligible to apply for this endorsement upon completion
of the requirements in the following table:

 Table 1 to Sec. 11.313(d)--STCW Endorsement as Chief Mate of Vessels of 500 GT or More and Less Than 3,000 GT
----------------------------------------------------------------------------------------------------------------
                                           Sea service under
Entry path from national endorsements      authority of the      Competence--STCW Table A-  Training required by
                                            endorsement \1\              II/2 \2\             this section \3\
----------------------------------------------------------------------------------------------------------------
Chief mate OSV.......................  None....................  Yes.....................  Yes.
Master oceans or near-coastal, less    6 months................  Yes.....................  Yes.
 than 500 GRT.
Master towing vessel oceans or near-   6 months................  Yes.....................  Yes.
 coastal.
----------------------------------------------------------------------------------------------------------------
\1\ This column provides the minimum additional service required of the seafarer in order to meet the
  requirements of this section.
\2\ Complete any items in paragraph (a)(2) of this section not previously satisfied.
\3\ Complete any items in paragraph (a)(3) of this section not previously satisfied.


[USCG-2004-17914, 78 FR 77909, Dec. 24, 2013, as amended by USCG-2014-
0688, 79 FR 58276, Sept. 29, 2014]



Sec. 11.315  Requirements to qualify for an STCW endorsement as master of
vessels of less than 500 GT (management level).

    (a) To qualify for an STCW endorsement as master, an applicant
must--
    (1) Provide evidence of 36 months of seagoing service as OICNW on
vessels operating in oceans, near-coastal waters, and/or Great Lakes;
however, this period may be reduced to not less than 24 months if not
less than 12 months of such seagoing service has been served as chief
mate. Service on inland waters, bays, or sounds that are navigable
waters of the United States may be substituted for up to 50 percent of
the total required service. Experience gained in the engine department
may be creditable for up to 3 months of the service requirements;
    (2) Provide evidence of meeting the standard of competence specified
in Section A-II/2 of the STCW Code (incorporated by reference, see Sec.
11.102 of this part); and
    (3) Provide evidence of having satisfactorily completed approved
training in the following subject areas:
    (i) Search and rescue.
    (ii) Management of medical care.
    (iii) Leadership and managerial skills.
    (iv) ECDIS, if serving on a vessel with this equipment.
    (v) ARPA, if serving on a vessel with this equipment.
    (vi) GMDSS, if serving on a vessel with this equipment.
    (b) For a renewal of an STCW endorsement as master of vessels of
less than 500 GT to be valid on or after January 1, 2017, each candidate
must provide evidence of successful completion of approved training in
the following:
    (1) Leadership and managerial skills.
    (2) ECDIS, if serving on a vessel with this equipment.
    (c) The Coast Guard may exempt an applicant from meeting any
individual knowledge, understanding, and proficiency required in Section
A-II/3 of the STCW Code. These exemptions must be approved by the Coast
Guard based upon vessel type. Under these circumstances, the credential
may include a corresponding limitation.
    (d) Seafarers with one of the following national officer
endorsements are eligible to apply for this endorsement upon completion
of the requirements in the following table:

             Table 1 to Sec. 11.315(d)--STCW Endorsement as Master of Vessels of Less Than 500 GT
----------------------------------------------------------------------------------------------------------------
                                           Sea service under
Entry path from national endorsements      authority of the      Competence--STCW Table A-  Training required by
                                            endorsement \1\              II/3 \2\             this section \3\
----------------------------------------------------------------------------------------------------------------
Master oceans or near-coastal, less    None....................  Yes.....................  Yes.
 than 500 GRT.
Master towing vessel oceans or near-   None....................  Yes.....................  Yes.
 coastal.

[[Page 169]]


Master oceans or near-coastal, less    12 months...............  Yes.....................  Yes.
 than 200 GRT.
----------------------------------------------------------------------------------------------------------------
\1\ This column provides the minimum additional service required of the seafarer in order to meet the
  requirements of this section.
\2\ Complete any items in paragraph (a)(2) of this section not previously satisfied.
\3\ Complete any items in paragraph (a)(3) of this section not previously satisfied.



Sec. 11.317  Requirements to qualify for an STCW endorsement as master of
vessels of less than 500 GT limited to near-coastal waters (management level).

    (a) To qualify for an STCW endorsement as master, an applicant
must--
    (1) Provide evidence of 12 months of service as OICNW, on vessels
operating in oceans, near-coastal waters, and/or Great Lakes. Service on
inland waters, bays, or sounds that are navigable waters of the United
States may be substituted for up to 50 percent of the total required
service. Experience gained in the engine department on vessels may be
creditable for up to 1 month of the service requirements;
    (2) Provide evidence of meeting the standard of competence specified
in Section A-II/3 of the STCW Code (incorporated by reference, see Sec.
11.102 of this part); and
    (3) Provide evidence of having satisfactorily completed approved
training in the following subject areas:
    (i) Medical first-aid provider.
    (ii) Basic and advanced firefighting in accordance with Sec. 11.303
of this subpart.
    (iii) Proficiency in survival craft and rescue boats other than fast
rescue boats (PSC) or proficiency in survival craft and rescue boats
other than lifeboats and fast rescue boats (PSC-limited).
    (iv) Leadership and managerial skills.
    (v) ECDIS, if serving on a vessel with this equipment.
    (vi) Radar observer, if serving on a vessel with this equipment.
    (vii) ARPA, if serving on a vessel with this equipment.
    (b) For a renewal of an STCW endorsement as master of vessels of
less than 500 GT limited to near-coastal waters to be valid on or after
January 1, 2017, each candidate must provide evidence of successful
completion of approved training in the following:
    (1) Leadership and managerial skills.
    (2) ECDIS, if serving on a vessel with this equipment.
    (c) The Coast Guard may exempt an applicant from meeting any
individual knowledge, understanding, and proficiency required in Section
A-II/3 of the STCW Code. These exemptions must be approved by the Coast
Guard based upon vessel type. Under these circumstances, the credential
may include a corresponding limitation.
    (d) Seafarers with one of the following national officer
endorsements are eligible to apply for this endorsement upon completion
of the requirements in the following table:


 Table 1 to Sec. 11.317(d)--STCW Endorsement as Master of Vessels of Less Than 500 GT Limited to Near-Coastal
                                                     Waters
----------------------------------------------------------------------------------------------------------------
                                           Sea service under
Entry path from national endorsements      authority of the      Competence--STCW Table A-  Training required by
                                            endorsement \1\              II/3 \2\             this section \3\
----------------------------------------------------------------------------------------------------------------
Mate oceans or near-coastal, less      None....................  Yes.....................  Yes.
 than 500 GRT.
Mate towing vessel oceans or near-     None....................  Yes.....................  Yes.
 coastal.
Master oceans or near-coastal, less    6 months................  Yes.....................  Yes.
 than 200 GRT.
Mate oceans or near-coastal, less      12 months...............  Yes.....................  Yes.
 than 200 GRT.
----------------------------------------------------------------------------------------------------------------
\1\ This column provides the minimum additional service required of the seafarer in order to meet the
  requirements of this section.
\2\ Complete any items in paragraph (a)(2) of this section not previously satisfied.
\3\ Complete any items in paragraph (a)(3) of this section not previously satisfied.


[[Page 170]]


[USCG-2004-17914, 78 FR 77909, Dec. 24, 2013, as amended by USCG-2014-
0688, 79 FR 58276, Sept. 29, 2014]



Sec. 11.319  Requirements to qualify for an STCW endorsement as Officer in
Charge of a Navigational Watch (OICNW) of vessels of less than 500 GT

(operational level).

    (a) To qualify for an STCW endorsement as OICNW, an applicant must--
    (1) Provide evidence of seagoing service as follows:
    (i) Provide evidence of 36 months of service in the deck department
on vessels operating in oceans, near-coastal waters, and/or Great Lakes.
Service on inland waters, bays, or sounds that are navigable waters of
the United States may be substituted for up to 50 percent of the
required service. Experience gained in the engine department may be
creditable for up to 3 months of the service requirements; or
    (ii) Provide evidence of not less than 12 months of seagoing service
as part of an approved training program that includes onboard training
that meets the requirements of Section A-II/1 of the STCW Code
(incorporated by reference, see Sec. 11.102 of this part).
    (2) Provide evidence of having performed during the required
seagoing service, bridge watchkeeping duties, under the supervision of
an officer holding the STCW endorsement as master, chief mate, or OICNW,
for a period of not less than 6 months. The Coast Guard will accept
service on vessels as boatswain, able seaman, or quartermaster while
holding the appropriate deck watchkeeping rating endorsement, which may
be accepted on a two-for-one basis to a maximum allowable substitution
of 3 months (6 months of experience equals 3 months of creditable
service);
    (3) Provide evidence of meeting the standard of competence specified
in Section A-II/1 of the STCW Code; and
    (4) Provide evidence of having satisfactorily completed approved
training in the following subject areas:
    (i) Medical first-aid provider.
    (ii) Radar observer, if serving on a vessel with this equipment.
    (iii) Watchkeeping, including COLREGS and IMO standard marine
communication phrases (SMCP).
    (iv) Basic and advanced firefighting in accordance with Sec. 11.303
of this subpart.
    (v) Proficiency in survival craft and rescue boats other than fast
rescue boats (PSC) or proficiency in survival craft and rescue boats
other than lifeboats and fast rescue boats (PSC-limited).
    (vi) Visual signaling.
    (vii) Bridge resource management;
    (viii) ARPA, if serving on a vessel with this equipment.
    (ix) GMDSS, if serving on a vessel with this equipment.
    (x) ECDIS, if serving on a vessel with this equipment.
    (b) For a renewal of an STCW endorsement as OICNW of vessels of less
than 500 GT to be valid on or after January 1, 2017, each candidate must
provide the following:
    (1) Evidence of meeting the standard of competence in leadership and
teamworking skills.
    (2) Completion of approved training in ECDIS, if serving on a vessel
with this equipment.
    (c) The Coast Guard may exempt an applicant from meeting any
individual knowledge, understanding, and proficiency required in Section
A-II/3 of the STCW Code. These exemptions must be approved by the Coast
Guard based upon vessel type. Under these circumstances, the credential
may include a corresponding limitation.
    (d) Seafarers with one of the following national officer
endorsements are eligible to apply for this endorsement upon completion
of the requirements in the following table:

[[Page 171]]



Table 1 to Sec. 11.319(d)--STCW Endorsement as Officer in Charge of a Navigational Watch (OICNW) of Vessels of
                                                Less Than 500 GT.
----------------------------------------------------------------------------------------------------------------
                                           Sea service under
Entry path from national endorsements      authority of the      Competence--STCW Table A-  Training required by
                                            endorsement \1\              II/3 \2\             this section \3\
----------------------------------------------------------------------------------------------------------------
Mate oceans or near-coastal, less      None....................  Yes.....................  Yes.
 than 500 GRT.
Mate towing vessel oceans or near-     None....................  Yes.....................  Yes.
 coastal.
Master oceans or near-coastal, less    6 months................  Yes.....................  Yes.
 than 200 GRT.
Mate oceans or near-coastal, less      12 months...............  Yes.....................  Yes.
 than 200 GRT.
----------------------------------------------------------------------------------------------------------------
\1\ This column provides the minimum additional service required of the seafarer in order to meet the
  requirements of this section.
\2\ Complete any items in paragraph (a)(2) of this section not previously satisfied.
\3\ Complete any items in paragraph (a)(3) of this section not previously satisfied.


[USCG-2004-17914, 78 FR 77909, Dec. 24, 2013, as amended by USCG-2014-
0688, 79 FR 58276, Sept. 29, 2014]



Sec. 11.321  Requirements to qualify for an STCW endorsement as officer
in charge of a navigational watch (OICNW) of vessels of less than 500 GT

limited to near-coastal waters (operational level).

    (a) To qualify for an STCW endorsement as OICNW, an applicant must--
    (1) Provide evidence of seagoing service as follows:
    (i) Twenty-four months of seagoing service in the deck department on
vessels operating in oceans, near-coastal waters, and/or Great Lakes.
Service on inland waters, bays, or sounds that are navigable waters of
the United States may be substituted for up to 50 percent of the total
required service. Experience gained in the engine department may be
creditable for up to 3 months of the service requirements; or
    (ii) Successful completion of an approved training program that
includes seagoing service as required by the Coast Guard; or
    (iii) Successful completion of approved training for this section
and obtain 12 months of seagoing service;
    (2) Provide evidence of meeting the standard of competence specified
in Section A-II/3 of the STCW Code (incorporated by reference, see Sec.
11.102 of this part); and
    (3) Provide evidence of having satisfactorily completed approved
training in the following subject areas:
    (i) Medical first-aid provider.
    (ii) Basic and advanced firefighting in accordance with Sec. 11.303
of this subpart.
    (iii) Proficiency in survival craft and rescue boats other than fast
rescue boats (PSC) or proficiency in survival craft and rescue boats
other than lifeboats and fast rescue boats (PSC-limited).
    (iv) Bridge resource management;
    (v) ECDIS, if serving on a vessel with this equipment.
    (vi) Radar observer, if serving on a vessel with this equipment.
    (vii) ARPA, if serving on a vessel with this equipment.
    (b) For a renewal of an STCW endorsement as OICNW of vessels of less
than 500 GT limited to near-coastal waters to be valid on or after
January 1, 2017, each candidate must provide the following:
    (1) Evidence of meeting the standard of competence in leadership and
teamworking skills.
    (2) Completion of approved training in ECDIS, if serving on a vessel
with this equipment.
    (c) The Coast Guard may exempt an applicant from meeting any
individual knowledge, understanding, and proficiency required in Section
A-II/3 of the STCW Code. These exemptions must be approved by the Coast
Guard based upon vessel type. Under these circumstances, the credential
may include a corresponding limitation.
    (d) Seafarers with one of the following national officer
endorsements are eligible to apply for this endorsement upon completion
of the requirements in the following table:

[[Page 172]]



  Table 1 to Sec. 11.321(d)--STCW Endorsement as OICNW of Vessels of Less Than 500 GT Limited to Near-Coastal
                                                     Waters
----------------------------------------------------------------------------------------------------------------
                                           Sea service under
Entry path from national endorsements      authority of the      Competence--STCW Table A-  Training required by
                                            endorsement \1\              II/3 \2\             this section \3\
----------------------------------------------------------------------------------------------------------------
Mate oceans or near-coastal less than  None....................  Yes.....................  Yes.
 500 GRT.
Mate towing vessel oceans or near-     None....................  Yes.....................  Yes.
 coastal.
Master oceans or near-coastal, less    None....................  Yes.....................  Yes.
 than 200 GRT.
Mate oceans or near-coastal, less      6 months................  Yes.....................  Yes.
 than 200 GRT.
----------------------------------------------------------------------------------------------------------------
\1\ This column provides the minimum additional service required of the seafarer in order to meet the
  requirements of this section.
\2\ Complete any items in paragraph (a)(2) of this section not previously satisfied.
\3\ Complete any items in paragraph (a)(3) of this section not previously satisfied.


[USCG-2004-17914, 78 FR 77909, Dec. 24, 2013, as amended by USCG-2014-
0688, 79 FR 58276, Sept. 29, 2014]



Sec. 11.323  STCW engineer officer endorsements.

    (a) Specific requirements for all STCW engineer officer endorsements
are detailed in the applicable sections in this part.
    (1) Chief engineer officer on vessels powered by main propulsion
machinery of 3,000 kW/4,000 HP propulsion power or more (management
level).
    (2) Second engineer officer on vessels powered by main propulsion
machinery of 3,000 kW/4,000 HP propulsion power or more (management
level).
    (3) Officer in charge of an engineering watch (OICEW) in a manned
engineroom, or as a designated duty engineer in a periodically unmanned
engineroom, on vessels powered by main propulsion machinery of 750 kW/
1,000 HP propulsion power or more (operational level).
    (4) Chief engineer officer on vessels powered by main propulsion
machinery of between 750 kW/1,000 HP and 3,000 kW/4,000 HP propulsion
power (management level).
    (5) Second engineer officer on vessels powered by main propulsion
machinery of 750 kW/1,000 HP to 3,000 kW/4,000 HP propulsion power
(management level).
    (6) Electro-technical officer on vessels powered by main propulsion
machinery of 750 kW/1,000 HP or more (operational level).
    (b) Limitations. (1) STCW engineer officer endorsements issued in
accordance with Sec. Sec. 11.325, 11.327, 11.329, 11.331, 11.333, and
11.335 of this subpart will be restricted to specific propulsion modes
for steam, motor, or gas turbine-propelled vessels as appropriate.
    (2) STCW engineer officer endorsements issued in accordance with
Sec. Sec. 11.325, 11.327, 11.329, 11.331, 11.333, and 11.335 of this
subpart for motor or gas turbine-propelled vessels may be endorsed as
limited to serve on vessels without auxiliary boilers, waste-heat
boilers, distilling plants, oily water separators, or sewage treatment
plants. An applicant may qualify for removal of any of these limitations
by demonstrating the appropriate competencies.
    (c) An engineer officer who does not hold an STCW endorsement may
serve on seagoing vessels propelled by machinery of less than 750 kW/
1,000 HP, the vessels specified in Sec. 15.105(f) and (g) of this
subchapter, and vessels operating on the Great Lakes or inland waters of
the United States.
    (d) An officer endorsement issued in the grade of chief engineer
(limited) or assistant engineer (limited) allows the holder to serve
within any propulsion power limitations on vessels of unlimited tonnage
on inland waters, on vessels of less than 3,000 GT in Great Lakes
service, and on the vessels specified in Sec. 15.105(f) and (g) of this
subchapter.



Sec. 11.325  Requirements to qualify for an STCW endorsement as chief
engineer officer on vessels powered by main propulsion machinery of

3,000 kW/4,000 HP propulsion power or more (management level).

    (a) To qualify for an STCW endorsement as chief engineer officer, an
applicant must--
    (1) Provide evidence of not less than 36 months of service as OICEW
on ships

[[Page 173]]

powered by main propulsion machinery of 750 kW/1,000 HP propulsion power
or more. This period may be reduced to not less than 24 months if the
applicant has served for not less than 12 months as second engineer
officer on ships powered by propulsion machinery of 3,000 kW/4,000 HP or
more;
    (2) Provide evidence of meeting the standard of competence specified
in Section A-III/2 of the STCW Code (incorporated by reference, see
Sec. 11.102 of this part); and
    (3) Provide evidence of having satisfactorily completed approved
training in the following areas:
    (i) Engineroom resource management (ERM) if not completed at the
operational level.
    (ii) Leadership and managerial skills.
    (iii) Management of electrical and electronic control equipment.
    (b) For a renewal of an STCW endorsement as chief engineer officer
on vessels powered by main propulsion machinery of 3,000 kW/4,000 HP
propulsion power or more to be valid on or after January 1, 2017, each
candidate must provide evidence of successful completion of approved
training in the following:
    (1) ERM if not completed at the operational level.
    (2) Leadership and managerial skills.
    (3) Management of electrical and electronic control equipment.
    (c) The Coast Guard may exempt an applicant from meeting any
individual knowledge, understanding, and proficiency required in Section
A-III/2 of the STCW Code. These exemptions must be approved by the Coast
Guard based upon vessel type. Under these circumstances, the credential
may include a corresponding limitation.
    (d) Seafarers with one of the following national officer
endorsements are eligible to apply for this endorsement upon completion
of the requirements in the following table:

  Table 1 to Sec. 11.325(d)--STCW Endorsement as Chief Engineer Officer on Vessels Powered by Main Propulsion
                              Machinery of 3,000kW/4,000HP Propulsion Power or More
----------------------------------------------------------------------------------------------------------------
      Entry path from national                                 Competence--STCW Table A-   Training required by
            endorsements                  Sea service \1\              III/2 \2\             this section \3\
----------------------------------------------------------------------------------------------------------------
Chief engineer......................  None...................  Yes.....................  Yes.
Chief engineer (limited)............  12 months..............  Yes.....................  Yes.
Chief engineer (MODU)...............  12 months/24 months \4\  Yes.....................  Yes.
Chief engineer (OSV)................  None...................  Yes.....................  Yes.
Designated duty engineer, any         24 months as DDE.......  Yes.....................  Yes.
 horsepower \5\.
----------------------------------------------------------------------------------------------------------------
\1\ This column provides the minimum additional service required of the seafarer in order to meet the
  requirements of this section.
\2\ Complete any items in paragraph (a)(2) of this section not previously satisfied.
\3\ Complete any items in paragraph (a)(3) of this section not previously satisfied.
\4\ Depending on the type of sea service used to obtain chief engineer (MODU) (refer to Sec. 11.542 of this
  part)
\5\ STCW certificate should be limited to vessels less than 500 GRT.



Sec. 11.327  Requirements to qualify for an STCW endorsement as second
engineer officer on vessels powered by main propulsion machinery of

3,000kW/4,000 HP propulsion power or more (management level).

    (a) To qualify for an STCW endorsement as second engineer officer,
an applicant must--
    (1) Provide evidence of not less than 12 months of service as OICEW
on vessels powered by main propulsion machinery of 750kW/1,000 HP or
more; or 12 months of sea service as a chief engineer on vessels powered
by propulsion machinery of vessels between 750kW/1,000 HP and 3,000 kW/
4,000 HP;
    (2) Provide evidence of meeting the standard of competence specified
in Section A-III/2 of the STCW Code (incorporated by reference, see
Sec. 11.102 of this part); and
    (3) Provide evidence of having satisfactorily completed approved
training in the following areas:
    (i) Engineroom resource management (ERM) if not completed at the
operational level.
    (ii) Leadership and managerial skills.
    (iii) Management of electrical and electronic control equipment.
    (b) For a renewal of an STCW endorsement as second engineer officer
on vessels powered by main propulsion

[[Page 174]]

machinery of 3,000 kW/4,000 HP propulsion power or more to be valid on
or after January 1, 2017, each candidate must provide evidence of
successful completion of approved training in the following:
    (1) ERM if not completed at the operational level.
    (2) Leadership and managerial skills.
    (3) Management of electrical and electronic control equipment.
    (c) The Coast Guard may exempt an applicant from meeting any
individual knowledge, understanding, and proficiency required in Section
A-III/2 of the STCW Code. These exemptions must be approved by the Coast
Guard based upon vessel type. Under these circumstances, the credential
may include a corresponding limitation.
    (d) Seafarers with one of the following national officer
endorsements are eligible to apply for this endorsement upon completion
of the requirements in the following table:

 Table 1 to Sec. 11.327(d)--STCW Endorsement as Second Engineer Officer on Vessels Powered by Main Propulsion
                             Machinery of 3,000 kW/4,000 HP Propulsion Power or More
----------------------------------------------------------------------------------------------------------------
     Entry path from national                              Competence--STCW Table    Training required by this
           endorsements                Sea service \1\           A-III/2 \2\                section \3\
----------------------------------------------------------------------------------------------------------------
First assistant engineer..........  None.................  Yes...................  Yes.
Second assistant engineer.........  None.................  Yes...................  Yes.
Third assistant engineer..........  12 months............  Yes...................  Yes.
Assistant engineer (limited)......  12 months............  Yes...................  Yes.
Chief engineer MODU...............  12 months............  Yes...................  Yes.
Chief engineer OSV................  None.................  Yes...................  Yes.
Designated duty engineer,           12 months as DDE.....  Yes...................  Yes.
 unlimited \4\.
----------------------------------------------------------------------------------------------------------------
\1\ This column provides the minimum additional service required of the seafarer in order to meet the
  requirements of this section.
\2\ Complete any items in paragraph (a)(2) of this section not previously satisfied.
\3\ Complete any items in paragraph (a)(3) of this section not previously satisfied.
\4\ STCW certificate should be limited to vessels less than 500 GRT.



Sec. 11.329  Requirements to qualify for an STCW endorsement as Officer in
Charge of an Engineering Watch (OICEW) in a manned engineroom or designated

duty engineer in a periodically unmanned engineroom on vessels
powered by main propulsion machinery of 750 kW/1,000 HP
propulsion power or more (operational level).

    (a) To qualify for an STCW endorsement as OICEW, an applicant must--
    (1) Provide evidence of seagoing service as follows:
    (i) Thirty-six months of seagoing service in the engine department;
or
    (ii) Successful completion of an approved training program, which
includes a combination of workshop skill training and seagoing service
of not less than 12 months, and that meets the requirements of Section
A-III/1 of the STCW Code (incorporated by reference, see Sec. 11.102 of
this part);
    (2) Provide evidence of having performed during the required
seagoing service, engine room watchkeeping duties, under the supervision
of an officer holding the STCW endorsement as chief engineer officer or
as a qualified engineer officer, for a period of not less than 6 months;
    (3) Provide evidence of meeting the standard of competence specified
in Section A-III/1 of the STCW Code; and
    (4) Provide evidence of having satisfactorily completed approved
training in the following subject areas:
    (i) Medical first-aid provider.
    (ii) Basic and advanced firefighting in accordance with Sec. 11.303
of this subpart.
    (iii) Proficiency in survival craft and rescue boats other than fast
rescue boats.
    (iv) Engineroom resource management (ERM).
    (v) Engineering terminology and shipboard operations.
    (vi) Auxiliary machinery.
    (vii) Gas turbine plants, as applicable.
    (viii) Steam plants, as applicable.
    (ix) Motor plants, as applicable.
    (x) Electrical machinery and basic electronics.
    (xi) Control systems.

[[Page 175]]

    (b) Experience gained in the deck department may be creditable for
up to 3 months of the service requirements in paragraph (a)(1)(i) of
this section.
    (c) For a renewal of an STCW endorsement as OICEW to be valid on or
after January 1, 2017, each candidate must provide evidence of having
satisfactorily completed ERM training and meeting the standard
competence in leadership and teamworking skills if not previously
completed.
    (d) The Coast Guard may exempt an applicant from meeting any
individual knowledge, understanding, and proficiency required in Section
A-III/1 of the STCW Code. These exemptions must be approved by the Coast
Guard based upon vessel type. Under these circumstances, the credential
may include a corresponding limitation.
    (e) Seafarers with one of the following national officer
endorsements are eligible to apply for this endorsement upon completion
of the requirements in the following table:

 Table 1 to Sec. 11.327(d)--STCW Endorsement as Second Engineer Officer on Vessels Powered by Main Propulsion
                             Machinery of 3,000 kW/4,000 HP Propulsion Power or More
----------------------------------------------------------------------------------------------------------------
                                                                 Competence--STCW Table A-  Training required by
Entry path from national endorsements       Sea service \1\              III/2 \2\            this section \3\
----------------------------------------------------------------------------------------------------------------
First assistant engineer.............  None....................  Yes.....................  Yes.
Second assistant engineer............  None....................  Yes.....................  Yes.
Third assistant engineer.............  12 months...............  Yes.....................  Yes.
Assistant engineer (limited).........  12 months...............  Yes.....................  Yes.
Chief engineer MODU..................  12 months...............  Yes.....................  Yes.
Chief engineer OSV...................  None....................  Yes.....................  Yes.
Designated duty engineer, unlimited    12 months as DDE........  Yes.....................  Yes.
 \4\.
----------------------------------------------------------------------------------------------------------------
\1\ This column provides the minimum additional service required of the seafarer in order to meet the
  requirements of this section.
\2\ Complete any items in paragraph (a)(2) of this section not previously satisfied.
\3\ Complete any items in paragraph (a)(3) of this section not previously satisfied.
\4\ STCW certificate should be limited to vessels less than 500 GRT.


 Table 1 to Sec. 11.329(e)--STCW Endorsement as OICEW in a Manned Engine Room or Designated Duty Engineer in a
 Periodically Unmanned Engine Room on Vessels Powered by Main Propulsion Machinery of 750 kW/1,000 HP Propulsion
                                                  Power or More
                                               [Operational level]
----------------------------------------------------------------------------------------------------------------
                                                                               Competence--         Training
   Entry path from national endorsements             Sea service *            STCW Table A-    required by  this
                                                                                 III/1 **          section ***
----------------------------------------------------------------------------------------------------------------
Second assistant engineer any horsepower...  None.........................               Yes                Yes
Third assistant engineer any horsepower....  None.........................               Yes                Yes
Assistant engineer (limited)...............  None.........................               Yes                Yes
Designated duty engineer, (unlimited) (less  None.........................               Yes                Yes
 than 500 GRT).
Assistant engineer (MODU)..................  None.........................               Yes                Yes
Assistant engineer (OSV)...................  None.........................               Yes                Yes
Designated duty engineer, 3,000 kW/4,000 HP  12 months....................               Yes                Yes
 \1\.
Designated duty engineer, 750 kW/1,000 HP    24 months....................               Yes                Yes
 \1\.
----------------------------------------------------------------------------------------------------------------
* This column provides the minimum additional service required of the seafarer in order to meet the requirements
  of this section.
** Complete any items in paragraph (a)(3) of this section not previously satisfied.
*** Complete any items in paragraph (a)(4) of this section not previously satisfied.
\1\ STCW certificate should be limited to vessels less than 500 GRT.


[USCG-2004-17914, 78 FR 77909, Dec. 24, 2013, as amended by USCG-2014-
0688, 79 FR 58276, Sept. 29, 2014]

    Editorial Note: At 79 FR 58276, Sept. 29, 2014, Sec. 11.329 was
amended; however, a portion of the amendment could not be incorporated
due to inaccurate amendatory instruction.

[[Page 176]]



Sec. 11.331  Requirements to qualify for an STCW endorsement as chief
engineer officer on vessels powered by main propulsion machinery of 750

kW/1,000 HP or more and less than 3,000 kW/4,000 HP propulsion power
(management level).

    (a) To qualify for an STCW endorsement as chief engineer officer, an
applicant must--
    (1) Provide evidence of meeting the requirements for certification
as OICEW, and have not less than 24 months of service on seagoing
vessels powered by main propulsion machinery of not less than 750 kW/
1,000 HP, of which not less than 12 months must be served while
qualified to serve as second engineer officer. Experience gained in the
deck department may be creditable for up to 2 months of the total
service requirements;
    (2) Provide evidence of meeting the standard of competence specified
in Section A-III/3 of the STCW Code (incorporated by reference, see
Sec. 11.102 of this part); and
    (3) Provide evidence of having satisfactorily completed approved
training in the following areas:
    (i) Engineroom resource management (ERM) if not completed at the
operational level.
    (ii) Leadership and managerial skills.
    (iii) Management of electrical and electronic control equipment.
    (b) For a renewal of an STCW endorsement as chief engineer officer
on vessels powered by main propulsion machinery of 750 kW/1,000 HP or
more and less than 3,000 kW/4,000 HP propulsion power to be valid on or
after January 1, 2017, each candidate must provide evidence of
successful completion of approved training in the following:
    (1) ERM if not completed at the operational level.
    (2) Leadership and managerial skills.
    (3) Management of electrical and electronic control equipment.
    (c) An engineer officer qualified to serve as second engineer
officer on vessels powered by main propulsion machinery of 3,000 kW/
4,000 HP or more, may serve as chief engineer officer on vessels powered
by main propulsion machinery of 750 kW/1,000 HP or more and less than
3,000 kW/4,000 HP provided the certificate is so endorsed.
    (d) The Coast Guard may exempt an applicant from meeting any
individual knowledge, understanding, and proficiency required in Section
A-III/3 of the STCW Code. These exemptions must be approved by the Coast
Guard based upon vessel type. Under these circumstances, the credential
may include a corresponding limitation.
    (e) Seafarers with one of the following national officer
endorsements are eligible to apply for this endorsement upon completion
of the requirements in the following table:

  Table 1 to Sec. 11.331(e)--STCW Endorsement as Chief Engineer Officer on Vessels Powered by Main Propulsion
              Machinery of 750 kW/1,000 HP or More and Less Than 3,000 kW/4,000 HP Propulsion Power
----------------------------------------------------------------------------------------------------------------
     Entry path from national                              Competence--STCW Table    Training required by this
           endorsements                Sea service \1\           A-III/2 \2\                section \3\
----------------------------------------------------------------------------------------------------------------
Chief engineer....................  None.................  Yes...................  Yes.
First assistant engineer..........  None.................  Yes...................  Yes.
Chief engineer (limited)..........  None.................  Yes...................  Yes.
Chief engineer OSV................  None.................  Yes...................  Yes.
Chief engineer MODU...............  12 months............  Yes...................  Yes.
Designated duty engineer, 3,000 kW/ 12 months............  Yes...................  Yes.
 4,000 HP \4\.
Designated duty engineer, 750 kW/   24 months............  Yes...................  Yes.
 1,000 HP \4\.
----------------------------------------------------------------------------------------------------------------
\1\ This column provides the minimum additional service required of the seafarer in order to meet the
  requirements of this section.
\2\ Complete any items in paragraph (a)(2) of this section not previously satisfied.
\3\ Complete any items in paragraph (a)(3) of this section not previously satisfied.
\4\ STCW certificate should be limited to vessels less than 500 GRT.


[USCG-2004-17914, 78 FR 77909, Dec. 24, 2013, as amended by USCG-2014-
0688, 79 FR 58277, Sept. 29, 2014]

[[Page 177]]



Sec. 11.333  Requirements to qualify for an STCW endorsement as second
engineer officer on vessels powered by main propulsion machinery of

750kW/1,000 HP or more and less than 3,000 kW/4,000 HP propulsion power
(management level).

    (a) To qualify for an STCW endorsement as second engineer officer,
an applicant must--
    (1) Provide evidence of meeting the requirements for certification
as OICEW, as well as serving for not less than 12 months as assistant
engineer officer or engineer officer on vessels powered by main
propulsion machinery of not less than 750 kW/1,000 HP. Experience gained
in the deck department may be creditable for up to 1 month of the total
service requirements;
    (2) Provide evidence of meeting the standard of competence specified
in Section A-III/3 of the STCW Code (incorporated by reference, see
Sec. 11.102 of this part); and
    (3) Provide evidence of having satisfactorily completed approved
training in the following areas:
    (i) Engineroom resource management (ERM) if not completed at the
operational level.
    (ii) Leadership and managerial skills.
    (iii) Management of electrical and electronic control equipment.
    (b) For a renewal of an STCW endorsement as second engineer officer
on vessels powered by main propulsion machinery of 750 kW/1,000 HP or
more and less than 3,000 kW/4,000 HP propulsion power to be valid on or
after January 1, 2017, each candidate must provide evidence of
successful completion of approved training in the following:
    (1) ERM if not completed at the operational level.
    (2) Leadership and managerial skills.
    (3) Management of electrical and electronic control equipment.
    (c) The Coast Guard may exempt an applicant from meeting any
individual knowledge, understanding, and proficiency required in Section
A-III/3 of the STCW Code. These exemptions must be approved by the Coast
Guard based upon vessel type. Under these circumstances, the credential
may include a corresponding limitation.
    (d) Seafarers with one of the following national officer
endorsements are eligible to apply for this endorsement upon completion
of the requirements in the following table:

 Table 1 to Sec. 11.333(d)--STCW Endorsement as Second Engineer Officer on Vessels Powered by Main Propulsion
              Machinery of 750 kW/1,000 HP or More and Less Than 3,000 kW/4,000 HP Propulsion Power
----------------------------------------------------------------------------------------------------------------
      Entry path from national                                 Competence--STCW Table A-   Training required by
            endorsements                  Sea service \1\              III/2 \2\             this section \3\
----------------------------------------------------------------------------------------------------------------
First assistant engineer............  None...................  Yes.....................  Yes.
Second assistant engineer...........  None...................  Yes.....................  Yes.
Third assistant engineer............  12 months..............  Yes.....................  Yes.
Assistant engineer (limited)........  None...................  Yes.....................  Yes.
Assistant engineer OSV..............  None...................  Yes.....................  Yes.
Assistant engineer MODU.............  12 months..............  Yes.....................  Yes.
----------------------------------------------------------------------------------------------------------------
\1\ This column provides the minimum additional service required of the seafarer in order to meet the
  requirements of this section.
\2\ Complete any items in paragraph (a)(2) of this section not previously satisfied.
\3\ Complete any items in paragraph (a)(3) of this section not previously satisfied.



Sec. 11.335  Requirements to qualify for an STCW endorsement as an
electro-technical officer on vessels powered by main propulsion

machinery of 750 kW/1,000 HP or more (operational level).

    (a) To qualify for an STCW endorsement as an electro-technical
officer (ETO), an applicant must--
    (1) Provide evidence of 36 months combined workshop skills training
and approved seagoing service of which not less than 30 months must be
seagoing service in the engine department of vessels. Experience gained
in the deck department may be creditable for up to 3 months of the
service requirements; or completion of an approved training program,
that includes a combination of workshop skill training and seagoing
service of not less than 12 months, and

[[Page 178]]

which meets the requirements of Section A-III/6 of the STCW Code
(incorporated by reference, see Sec. 11.102 of this part);
    (2) Provide evidence of meeting the standard of competence specified
in Section A-III/6 of the STCW Code;
    (3) Provide evidence of having satisfactorily completed approved
training in the following subject areas:
    (i) Medical first-aid provider.
    (ii) Basic and advanced firefighting in accordance with Sec. 11.303
of this subpart.
    (iii) Proficiency in survival craft and rescue boats other than fast
rescue boats (PSC) or proficiency in survival craft and rescue boats
other than lifeboats and fast rescue boats (PSC-limited); and
    (4) Provide evidence of having satisfactorily completed approved
professional training in the following subject areas:
    (i) Onboard computer networking and security.
    (ii) Radio electronics.
    (iii) Integrated navigation equipment.
    (iv) Ship propulsion and auxiliary machinery.
    (v) Instrumentation and control systems.
    (vi) High-voltage power systems.
    (b) Any applicant who has served in a relevant capacity onboard a
vessel for a period of not less than 12 months within the last 60 months
must provide evidence of--
    (1) Seagoing service; and
    (2) Having achieved the standards of competence specified in Section
A-III/6 of the STCW Code.
    (c) An applicant who holds an STCW endorsement as OICEW, second
engineer officer, or chief engineer officer will be allowed to receive
the ETO endorsement upon completion of the requirements in Section A-
III/6 of the STCW Code.
    (d) An applicant who does not hold any other national or STCW
endorsement will be issued, upon completion of the requirements in this
section, the ETO endorsement without any corresponding national
endorsement.

[USCG-2004-17914, 78 FR 77909, Dec. 24, 2013, as amended by USCG-2014-
0688, 79 FR 58277, Sept. 29, 2014]



Sec. 11.337  Requirements to qualify for an STCW endorsement as vessel
security officer.

    (a) The applicant for an endorsement as vessel security officer must
present satisfactory documentary evidence in accordance with the
requirements in 33 CFR 104.215.
    (b) All applicants for an endorsement must meet the physical
examination requirements in 46 CFR part 10, subpart C.
    (c) All applicants for this endorsement must meet the safety and
suitability requirements and the National Driver Registry review
requirements in Sec. 10.209(e) of this subchapter, unless they have met
these requirements within the previous 5 years in connection with
another endorsement.



     Subpart D_Professional Requirements for National Deck Officer
                              Endorsements



Sec. 11.401  Ocean and near-coastal national officer endorsements.

    (a) Subject to the provisions of Sec. Sec. 11.464(e) and 11.465(b)
of this subpart, any license or MMC endorsement for service as master or
mate on ocean waters qualifies the mariner to serve in the same grade on
any waters, except towing vessels upon western rivers subject to the
limitations of the endorsement.
    (b) Subject to the provisions of Sec. Sec. 11.464(e) and 11.465(b)
of this subpart, any license or MMC endorsement issued for service as
master or mate on near-coastal waters qualifies the mariner to serve in
the same grade on Great Lakes and inland waters, except towing vessels
upon western rivers subject to the limitations of the endorsement.
    (c) Near-coastal endorsements for unlimited tonnage require the same
number of years of service as the ocean-unlimited endorsements. The
primary differences in these endorsements are the nature of the service
and the scope of the required training, examination, and assessment.
    (d) A master or mate on vessels of 200 GRT or more, and a master or
mate on vessels under 200 GRT, may be endorsed for sail or auxiliary
sail as appropriate. The applicant must present

[[Page 179]]

the equivalent total service required for conventional officer
endorsements, including at least 1 year of deck experience on that
specific type of vessel. For example, for an officer endorsement as
master of vessels of less than 1,600 GRT endorsed for auxiliary sail,
the applicant must meet the total experience requirements for the
conventional officer endorsement, including time as mate, and the proper
tonnage experience, including at least 1 year of deck service, on
appropriately sized auxiliary sail vessels. For an endorsement to serve
on vessels of less than 200 GRT, see the individual endorsement
requirements.
    (e) Service toward an oceans, near-coastal or STCW endorsement will
be credited as follows:
    (1) Service on the Great Lakes will be credited on a day-for-day
basis.
    (2) Service on inland waters, other than Great Lakes, that are
navigable waters of the United States, may be substituted for up to 50
percent of the total required service.
    (3) Service on vessels to which STCW applies, whether inland or
coastwise, will be credited on a day-for-day basis.



Sec. 11.402  Tonnage requirements for national ocean or near-coastal
endorsements for vessels of 1,600 GRT or more.

    (a) To qualify for a national ocean or near-coastal endorsement for
service on vessels of unlimited tonnage--
    (1) All the required experience must be obtained on vessels of 100
GRT or more; and
    (2) At least one-half of the required experience must be obtained on
vessels of 1,600 GRT or more.
    (b) If an applicant for a national endorsement as master or mate of
unlimited tonnage does not have the service on vessels of 1,600 GRT or
more as required by paragraph (a)(2) of this section, a tonnage
limitation will be placed on the MMC based on the applicant's qualifying
experience. The endorsement will be 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. However, the minimum tonnage
limitation calculated according to this paragraph will be 2,000 GRT.
Limitations are in multiples of 1,000 GRT using the next higher figure
when an intermediate tonnage is calculated. When the calculated
limitation equals or exceeds 10,000 GRT, the applicant is issued an
unlimited tonnage endorsement.
    (c) Tonnage limitations imposed under paragraph (b) of this section
may be raised or removed in one of the following manners:
    (1) When the applicant provides evidence of 6 months of service on
vessels of 1,600 GRT or more in the highest grade endorsed, all tonnage
limitations will be removed.
    (2) When the applicant provides evidence of 6 months of service on
vessels of 1,600 GRT or more in any capacity as an officer other than
the highest grade for which he or she is endorsed, all tonnage
limitations for the grade in which the service is performed will be
removed and the next higher grade endorsement will be 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 or MMC officer endorsement may be considered in removing
all tonnage limitations.
    (3) When the applicant has 12 months of service as able seaman on
vessels of 1,600 GRT or more while holding a license or endorsement as
third mate, all tonnage limitations on the third mate's license or MMC
officer endorsement will be removed.
    (d) No applicant holding any national endorsement as master or mate
of vessels of less than 1,600 GRT, less than 500 GRT, or less than 25-
200 GRT may use the provisions of paragraph (c) of this section to
increase the tonnages of his or her license or endorsement.



Sec. 11.403  Structure of national deck officer endorsements.

    Figure 11.403 illustrates the national deck officer endorsement
structure, including crossover points. The section numbers on the
diagram refer to thespecific requirements applicable.

[[Page 180]]

[GRAPHIC] [TIFF OMITTED] TR24DE13.001



Sec. 11.404  Service requirements for master of ocean or near-coastal
self-propelled vessels of unlimited tonnage.

    (a) The minimum service required to qualify an applicant for an
endorsement as master of ocean or near-coastal self-propelled vessels of
unlimited tonnage is--
    (1) One year of service as chief mate on ocean self-propelled
vessels; or
    (2) While holding a license or MMC endorsement as chief mate of
ocean self-propelled vessels of unlimited tonnage, 12 months of service
on deck as follows:
    (i) A minimum of 6 months of service as chief mate.
    (ii) Service as second mate, third mate, or officer in charge of a
navigational watch accepted on a two-for-one basis (12 months as officer
in charge of a navigational watch equals 6 months of creditable
service).
    (b) An individual holding an endorsement or license as master of
Great Lakes and inland, self-propelled vessels of unlimited tonnage, or
master of inland, self-propelled vessels of unlimited tonnage, may
obtain an endorsement as master of oceans or near-coastal self-propelled
vessels of unlimited tonnage by providing evidence of sea service of not
less than 24 months under the authority of the credential and by
completing the prescribed examination in subpart I of this part. Service
will be credited as follows:
    (1) Service on the Great Lakes will be credited on a day-for-day
basis up to 100 percent of the total required service.
    (2) Service on inland waters, other than Great Lakes, that are
navigable waters of the United States, will be credited on a day-for-day
basis for up

[[Page 181]]

to 50 percent of the total required service.
    (3) Service on vessels to which STCW applies, whether inland or
coastwise, will be credited on a day-for-day basis.
    (c) A person holding this endorsement may qualify for an STCW
endorsement, according to Sec. 11.305 of this part.



Sec. 11.405  Service requirements for chief mate of ocean or
near-coastal self-propelled vessels of unlimited tonnage.

    (a) The minimum service required to qualify an applicant for an
endorsement as chief mate of ocean or near-coastal self-propelled
vessels of unlimited tonnage is 1 year of service as officer in charge
of a navigational watch on ocean self-propelled vessels while holding a
license or MMC endorsement as second mate.
    (b) Service towards an oceans, near-coastal, or STCW endorsement
will be credited as follows:
    (1) Service on the Great Lakes will be credited on a day-for-day
basis.
    (2) Service on inland waters, other than Great Lakes, that are
navigable waters of the United States, may be substituted for up to 50
percent of the total required service.
    (3) Service on vessels to which STCW applies, whether inland or
coastwise, will be credited on a day-for-day basis.
    (c) A person holding this endorsement may qualify for an STCW
endorsement, according to Sec. 11.307 of this part.



Sec. 11.406  Service requirements for second mate of ocean or
near-coastal self-propelled vessels of unlimited tonnage.

    (a) The minimum service required to qualify an applicant for an
endorsement as second mate of ocean or near-coastal self-propelled
vessels of unlimited tonnage is--
    (1) One year of service as officer in charge of a navigational watch
on ocean self-propelled vessels while holding a license or endorsement
as third mate; or
    (2) While holding a license or MMC endorsement as third mate of
ocean self-propelled vessels of unlimited tonnage, 12 months of service
on deck as follows:
    (i) A minimum of 6 months service as officer in charge of a deck
watch on ocean self-propelled vessels.
    (ii) Service on ocean self-propelled vessels as boatswain, able
seaman, or quartermaster while holding a certificate or MMC endorsement
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).
    (b) Service towards an oceans, near-coastal or STCW endorsement will
be credited as follows:
    (1) Service on the Great Lakes will be credited on a day-for-day
basis up to 100 percent of the total required service.
    (2) Service on inland waters, other than Great Lakes, that are
navigable waters of the United States, will be credited on a day-for-day
basis for up to 50 percent of the total required service.
    (3) Service on vessels to which STCW applies, whether inland or
coastwise, will be credited on a day-for-day basis.
    (c) If an individual holds an endorsement or license as master of
Great Lakes and inland self-propelled vessels of unlimited tonnage or
master of inland self-propelled vessels of unlimited tonnage, he or she
may obtain an endorsement as second mate of ocean or near-coastal self-
propelled vessels of unlimited tonnage by completing the prescribed
examination in subpart I of this part.
    (d) A person holding this endorsement may qualify for an STCW
endorsement, according to Sec. 11.309 of this part.



Sec. 11.407  Service requirements for third mate of ocean or
near-coastal self-propelled vessels of unlimited tonnage.

    (a) The minimum service or training required to qualify an applicant
for an endorsement as third mate of ocean or near-coastal self-propelled
vessels of unlimited tonnage is--
    (1) Three years of service in the deck department on ocean self-
propelled vessels, with a minimum of 6 months of bridge watchkeeping
duties under the supervision of the master or a qualified officer.
Experience gained in the engine

[[Page 182]]

department on vessels of appropriate tonnage may be creditable for up to
3 months of the service requirements for this officer endorsement;
    (2) Graduation from--
    (i) The U.S. Merchant Marine Academy (deck curriculum);
    (ii) The U.S. Coast Guard Academy with qualification as an underway
officer in charge of a navigational watch, underway officer of the deck,
or deck watch officer;
    (iii) The U.S. Naval Academy with qualification as an underway
officer in charge of a navigational watch, underway officer of the deck
or deck watch officer; 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 comprehensive apprentice mate
training program approved by the Coast Guard.
    (b) Graduation from the deck class of the Great Lakes Maritime
Academy will qualify the graduate to be examined for an endorsement as
third mate self-propelled vessels of unlimited tonnage with a route
appropriate to the program completed.
    (c) While holding a license or MMC endorsement as master of ocean or
near-coastal self-propelled vessels of less than 1,600 GRT, 1 year of
service as master on vessels of more than 200 GRT operating on ocean or
near-coastal waters will qualify the applicant for an endorsement as
third mate of ocean or near-coastal self-propelled vessels of unlimited
tonnage.
    (d) An individual holding an endorsement or license as mate of Great
Lakes and inland, self-propelled vessels of unlimited tonnage, or master
of inland, self-propelled vessels of unlimited tonnage, may obtain an
endorsement as third mate of oceans or near-coastal self-propelled
vessels of unlimited tonnage by completing the prescribed examination in
subpart I of this part.
    (e) A person holding this endorsement may qualify for an STCW
endorsement, according to Sec. 11.309 of this part.



Sec. 11.410  Requirements for deck officer endorsements for vessels of
less than 1,600 GRT.

    (a) Endorsements as master and mate of vessels of less than 1,600
GRT are issued in the following tonnage categories:
    (1) Less than 1,600 GRT.
    (2) Less than 500 GRT.
    (3) Between 25 and 200 GRT in 50-ton increments and with appropriate
mode of propulsion such as self-propelled, sail, or auxiliary sail.
    (b) Experience gained in the engine department on vessels of
appropriate tonnage may be creditable for up to 90 days of the service
requirements for any master or mate endorsement in this category.
    (c) An officer's endorsement in this category obtained with an
orally assisted examination will be limited to 500 GRT. In order to
raise that tonnage limit to 1,600 GRT, the written examination and
service requirements must be satisfied.



Sec. 11.412  Service requirements for master of ocean or near-coastal
self-propelled vessels of less than 1,600 GRT.

    (a) The minimum service required to qualify an applicant for an
endorsement as master of ocean or near-coastal self-propelled vessels of
less than 1,600 GRT is--
    (1) Four years total service on ocean or near-coastal waters.
Service on Great Lakes and inland waters may substitute for up to 2
years of the required service. Two years of the required service must
have been on vessels of more than 100 GRT. Two years of the required
service must have been as a master or mate of self-propelled vessels, or
master or mate (pilot) of towing vessels, or equivalent position while
holding a license or MMC endorsement as master or mate of self-propelled
vessels, or master or mate (pilot) of towing vessels. One year of the
service as master or mate of self-propelled vessels, or master or mate
(pilot) of towing vessels, or equivalent position must have been on
vessels of more than 100 GRT; or
    (2) One year of service on vessels of more than 100 GRT on ocean or
near-coastal waters as a master or mate of

[[Page 183]]

self-propelled vessels, or master or mate of towing vessels while
holding a license or MMC endorsement as mate of ocean self-propelled
vessels of less than 1,600 GRT or as master or mate of towing vessels.
    (b) An applicant holding a license or MMC endorsement as chief mate
of ocean or near-coastal self-propelled vessels of 1,600 GRT or more is
eligible for this endorsement without further examination. An applicant
holding a license or MMC endorsement as second mate of ocean or near-
coastal self-propelled vessels of 1,600 GRT or more is eligible for this
endorsement upon completion of a limited examination.
    (c) A person holding this endorsement may qualify for an STCW
endorsement, according to Sec. 11.311 of this part.



Sec. 11.414  Service requirements for mate of ocean self-propelled
vessels of less than 1,600 GRT.

    (a) The minimum service required to qualify an applicant for an
endorsement as mate of self-propelled vessels of less than 1,600 GRT
is--
    (1) Three years of total service in the deck department of ocean or
near-coastal self-propelled, sail, or auxiliary sail vessels, as
follows:
    (i) Service on Great Lakes and inland waters may substitute for up
to 18 months of the required service.
    (ii) One year of the required service must have been on vessels of
more than 100 GRT.
    (iii) One year of the required service must have been as a master or
mate of self-propelled vessels, or master or mate (pilot) of towing
vessels, or equivalent position while holding a license or MMC
endorsement as master, mate, or master or mate (pilot) of towing
vessels. Six months of the required service as master or mate of self
propelled vessels, or master or mate (pilot) of towing vessels, or
equivalent position must have been on vessels of more than 100 GRT; or
    (2) Three years of total service in the deck department on ocean or
near-coastal self-propelled, sail, or auxiliary sail vessels of more
than 100 GRT. Six months of the required service must have been while
performing bridge watchkeeping duties under the supervision of the
master or a qualified officer.
    (b) A person holding this endorsement may qualify for an STCW
endorsement, according to Sec. 11.309 of this part.



Sec. 11.416  Service requirements for mate of near-coastal
self-propelled vessels of less than 1,600 GRT.

    (a) The minimum service required to qualify an applicant for an
endorsement as mate of near-coastal self-propelled vessels of less than
1,600 GRT is 2 years of total service in the deck department of ocean or
near-coastal self-propelled, sail, or auxiliary sail vessels. Service on
Great Lakes and inland waters may substitute for up to 1 year of the
required service. One year of the required service must have been on
vessels of more than 100 GRT. Six months of the required service must
have been while performing bridge watchkeeping duties under the
supervision of the master or a qualified officer.
    (b) A person holding this endorsement may qualify for an STCW
endorsement, according to Sec. 11.309 of this part.



Sec. 11.418  Service requirements for master of ocean or near-coastal
self-propelled vessels of less than 500 GRT.

    (a) The minimum service required to qualify an applicant for an
endorsement as master of ocean or near-coastal self-propelled vessels of
less than 500 GRT is--
    (1) Three years total of 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 position while holding a
license or MMC endorsement as master, mate, or operator of uninspected
passenger vessels. One year of the required service as master, mate, or
equivalent position must have been on vessels of more than 50 GRT; or
    (2) One year of service on vessels of more than 50 GRT on ocean or
near-coastal waters as a master or mate of self-propelled vessels, or
master or mate of towing vessels while holding a license or MMC
endorsement as mate

[[Page 184]]

of ocean self-propelled vessels of less than 500 GRT.
    (b) The holder of a license or MMC endorsement as master or mate
(pilot) of towing vessels authorizing service on oceans or near-coastal
routes is eligible for an endorsement as master of ocean or near-coastal
self-propelled vessels of less than 500 GRT 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.
    (c) A person holding this endorsement may qualify for an STCW
endorsement, according to Sec. Sec. 11.307, 11.309, 11.311, 11.313, and
11.315 of this part.



Sec. 11.420  Service requirements for mate of ocean self-propelled
vessels of less than 500 GRT.

    (a) The minimum service required to qualify an applicant for an
endorsement as mate of ocean self-propelled vessels of less than 500 GRT
is 2 years of total service in the deck department of ocean or near-
coastal self-propelled, sail, or auxiliary sail vessels. Service on
Great Lakes and inland waters may substitute for up to 1 year of the
required service. One year of the required service must have been as a
master, mate, or equivalent position while holding a license or
endorsement as master, mate, or operator of uninspected passenger
vessels. Six months of the required service as master, mate, or
equivalent position must have been on vessels of more than 50 GRT.
    (b) A person holding this endorsement may qualify for an STCW
endorsement, according to Sec. Sec. 11.309, 11.317, 11.319, and 11.321
of this part.



Sec. 11.421  Service requirements for mate of near-coastal
self-propelled vessels of less than 500 GRT.

    (a) The minimum service required to qualify an applicant for an
endorsement as mate of near-coastal self-propelled vessels of less than
500 GRT is 2 years of total service in the deck department of ocean or
near-coastal self-propelled, sail, or auxiliary sail vessels. Service on
Great Lakes and inland waters may substitute for up to 1 year of the
required service. One year of the required service must have been on
vessels of more than 50 GRT. Three months of the required service must
have been while performing bridge watchkeeping duties under the
supervision of the master or a qualified officer on vessels of more than
50 GRT.
    (b) A person holding this endorsement may qualify for an STCW
endorsement, according to Sec. Sec. 11.309, 11.317, 11.319, and 11.321
of this part.



Sec. 11.422  Tonnage limitations and qualifying requirements for
endorsements as master or mate of vessels of less than 200 GRT.

    (a) Each national endorsement as master or mate of vessels of less
than 200 GRT is issued with a tonnage limitation based on the
applicant's qualifying experience. The tonnage limitation will be issued
at the 25, 50, 100, or 200 GRT level. The endorsement will be limited to
the maximum GRT on which at least 25 percent of the required experience
was obtained, or 150 percent of the maximum GRT on which at least 50
percent of the service was obtained, whichever is higher. Limitations
are as stated above, using the next higher figure when an intermediate
tonnage is calculated. If more than 75 percent of the qualifying
experience is obtained on vessels of 5 GRT or less, the MMC will
automatically be limited to vessels of less than 25 GRT.
    (b) The tonnage limitation may be raised as follows:
    (1) For an endorsement as mate, with at least 45 days of additional
service on deck of a vessel in the highest tonnage increment authorized
by the officer endorsement.
    (2) For an endorsement as master, with at least 90 days of
additional service on deck of a vessel in the highest tonnage increment
authorized by the master endorsement.
    (3) With additional service, which, when combined with all
previously accumulated service, will qualify the applicant for a higher
tonnage officer endorsement under the basic formula specified in
paragraph (a) of this section.
    (4) With 6 months additional service in the deck department on
vessels within the highest tonnage increment on the officer's license or
MMC endorsement. In this case, the tonnage

[[Page 185]]

limitation may be raised one increment.
    (c) When the service is obtained on vessels upon which no personnel
need an officer endorsement or license, the Coast Guard must be
satisfied that the nature of this required service (i.e., size of
vessel, route, equipment, etc.) is a reasonable equivalent to the duties
performed on vessels which are required to engage individuals with
officer endorsements.
    (d) Service gained in the engine room on vessels of 200 GRT or less
may be creditable for up to 90 days of the deck service requirements for
mate.



Sec. 11.424  Requirements for master of ocean self-propelled vessels of
less than 200 GRT.

    (a) The minimum service required to qualify an applicant for an
officer endorsement as master of ocean self-propelled vessels of less
than 200 GRT is--
    (1) Three years of 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 position while holding a
license or MMC endorsement as master, as mate, or as operator of
uninspected passenger vessels; or
    (2) Two years of total service as a master or mate of ocean or near-
coastal towing vessels. Completion of an examination is also required.
    (b) In order to obtain an officer endorsement 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 or MMC
endorsement.
    (c) A person holding this endorsement may qualify for an STCW
endorsement, according to Sec. Sec. 11.315, 11.317, 11.319, and 11.321
of this part.



Sec. 11.425  Requirements for mate of ocean self-propelled vessels of
less than 200 GRT.

    (a) The minimum service required to qualify for the endorsement as
mate of ocean self-propelled vessels of less than 200 GRT is--
    (1) Twelve months of total service in the deck department of ocean
or near-coastal self-propelled, sail, or auxiliary sail vessels. Service
on Great Lakes and inland waters may substitute for up to 6 months of
the required service; or
    (2) Three months of service in the deck department of self-propelled
vessels operating on ocean, near-coastal, Great Lakes, or inland waters
while holding a license or MMC endorsement as master of inland self-
propelled, sail, or auxiliary sail vessels of less than 200 GRT.
    (b) The holder of a license or MMC endorsement as operator of
uninspected passenger vessels with a near-coastal route endorsement may
obtain this endorsement by successfully completing an examination on
rules and regulations for small passenger vessels.
    (c) To obtain this officer endorsement for sail or auxiliary sail
vessels, the applicant must submit evidence of 6 months of deck service
on sail or auxiliary sail vessels.
    (d) A license or MMC endorsement as master of near-coastal self-
propelled vessels may be endorsed as mate of sail or auxiliary sail
vessels upon presentation of 3 months of service on sail or auxiliary
sail vessels.
    (e) To obtain a tonnage endorsement for 100 GRT or more, the
applicant must complete the additional examination topics indicated in
subpart I of this part.
    (f) A person holding this endorsement may qualify for an STCW
endorsement, according to Sec. Sec. 11.319 and 11.321 of this part.



Sec. 11.426  Requirements for master of near-coastal self-propelled
vessels of less than 200 GRT.

    (a) The minimum service required to qualify for a master of near-
coastal self-propelled vessels of less than 200 GRT is--
    (1) Two years total service on ocean or near-coastal waters. Service
on Great Lakes and inland waters may substitute for up to 1 year of the
required service. One year of the required service must have been as a
master, mate, or equivalent position while holding a license or
endorsement as

[[Page 186]]

master, mate, or operator of uninspected passenger vessels; or
    (2) One year of total service as master or mate of towing vessels on
ocean or near-coastal routes. Completion of an examination is also
required.
    (b) To obtain this officer endorsement for sail or auxiliary sail
vessels, the applicant must submit evidence of 12 months of service on
sail or auxiliary sail vessels. These 12 months of experience may have
been obtained before qualifying for an officer endorsement.
    (c) Holders of this endorsement are considered to be in compliance
with the STCW Convention (incorporated by reference, see Sec. 11.102)
while operating within the limitations of this endorsement.



Sec. 11.427  Requirements for mate of near-coastal self-propelled
vessels of less than 200 GRT.

    (a) The minimum service required to qualify for the endorsement as
mate of near-coastal self-propelled vessels of less than 200 GRT is--
    (1) Twelve months of total service in the deck department of ocean
or near-coastal self-propelled, sail, or auxiliary sail vessels. Service
on Great Lakes and inland waters may substitute for up to 6 months of
the required service; or
    (2) Three months of service in the deck department of self-propelled
vessels operating on ocean, near-coastal, Great Lakes, or inland waters
while holding a license or MMC endorsement as master of inland self-
propelled, sail, or auxiliary sail vessels of less than 200 GRT.
    (b) The holder of a license or MMC endorsement as operator of
uninspected passenger vessels with a near-coastal route endorsement may
obtain this endorsement by successfully completing an examination on
rules and regulations for small passenger vessels.
    (c) To obtain this officer endorsement for sail or auxiliary sail
vessels, the applicant must submit evidence of 6 months of deck service
on sail or auxiliary sail vessels.
    (d) A license or MMC endorsement as master of near-coastal self-
propelled vessels may be endorsed as mate of sail or auxiliary sail
vessels upon presentation of 3 months of service on sail or auxiliary
sail vessels.
    (e) To obtain a tonnage endorsement for 100 GRT or more, the
applicant must complete the additional examination topics indicated in
subpart I of this part.
    (f) Holders of this endorsement are considered to be in compliance
with the STCW Convention (incorporated by reference, see Sec. 11.102)
while operating within the limitations of this endorsement.



Sec. 11.428  Requirements for master of near-coastal self-propelled
vessels of less than 100 GRT.

    (a) The minimum service required to qualify for the endorsement as
master of self-propelled, seagoing vessels of less than 100 GRT limited
to domestic voyages upon near-coastal waters is 2 years of service in
the deck department of a self-propelled vessel on ocean or near-coastal
waters. Service on Great Lakes and inland waters may substitute for up
to 1 year of the required service.
    (b) To obtain an endorsement for sail or auxiliary sail vessels, the
applicant must submit evidence of 12 months of service on sail or
auxiliary-sail vessels. This required service may have been obtained
before issuance of the license or MMC.
    (c) Holders of this endorsement are considered to be in compliance
with the STCW Convention (incorporated by reference, see Sec. 11.102 of
this part) while operating within the limitations of this endorsement.
    (d) All endorsements issued for master or mate of vessels of less
than 100 GRT are issued in tonnage increments based on the applicant's
qualifying experience in accordance with the provisions of Sec. 11.422
of this subpart.



Sec. 11.429  Requirements for a limited master of near-coastal
self-propelled vessels of less than 100 GRT.

    (a) An endorsement as limited master for service on near-coastal
waters on vessels of less than 100 GRT may be issued to an applicant to
be employed by organizations such as yacht clubs, marinas, formal camps,
and educational institutions. An endorsement

[[Page 187]]

issued under this section is limited to the specific activity and the
locality of the yacht club, marina, or camp. To obtain this restricted
endorsement, an applicant must--
    (1) Have 4 months of service on any waters in the operation of the
type of vessel for which the endorsement is requested;
    (2) Satisfactorily complete a safe boating course approved by the
National Association of State Boating Law Administrators, or a safe
boating course conducted by the U.S. Power Squadron or the American Red
Cross, or a Coast Guard-approved course. This course must have been
completed within 5 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. 11.201(i) of this part will only be
required when, in the opinion of the Coast Guard, the geographic area
over which service is authorized precludes obtaining medical services
within a reasonable time.
    (c) To obtain an endorsement for sail or auxiliary sail vessels, the
applicant must submit evidence of 4 months of service on sail or
auxiliary sail vessels. The required 4 months of service may have been
obtained prior to issuance of the license or MMC endorsement.
    (d) Holders of this endorsement are considered to be in compliance
with the STCW Convention (incorporated by reference, see Sec. 11.102 of
this part) while operating within the limitations of this endorsement.



Sec. 11.430  Endorsements for the Great Lakes and inland waters.

    (a) Any officer endorsement issued for service on Great Lakes and
inland waters self-propelled vessels, excluding towing vessels, is valid
on all of the inland waters of the United States as defined in Sec.
10.107 of this subchapter.
    (b) Any officer endorsement issued for service on inland waters
self-propelled vessels, excluding towing vessels, is valid for the
inland waters of the United States, excluding the Great Lakes.
    (c) Any officer endorsement issued for service on inland waters or
an inland route is valid for service on the sheltered waters of the
Inside Passage between Puget Sound and Cape Spencer, Alaska.
    (d) Because these officer endorsements authorize service on waters
seaward of the International Regulations for Preventing Collisions at
Sea (COLREGS) demarcation lines, as defined in 33 CFR part 80, the
applicant must complete an examination on the COLREGS or the endorsement
will exclude such waters.
    (e) To obtain a master or mate endorsement with a tonnage limit of
200 GRT or more, whether an original, raise-in-grade, or increase in the
scope of authority, the applicant must meet the training requirements in
Sec. 11.201(h) and (i) of this part and successfully complete radar
observer training in Sec. 11.480 of this part.
    (f) Figure 11.430(f) illustrates the deck officer endorsement
structure, including crossover points, for Great Lakes and inland waters
service. The section numbers on the diagram refer to the specific
requirements applicable.

[[Page 188]]

[GRAPHIC] [TIFF OMITTED] TR24DE13.002



Sec. 11.431  Tonnage requirements for Great Lakes and inland
endorsements for vessels of 1,600 GRT or more.

    (a) All required experience for Great Lakes and inland unlimited
endorsements must be obtained on vessels of 100 GRT or more. At least
one-half of the required experience must be obtained on vessels of 1,600
GRT or more.
    (b) Tonnage limitations may be imposed on these endorsements in
accordance with Sec. 11.402(b) and (c) of this subpart.



Sec. 11.433  Requirements for master of Great Lakes and inland
self-propelled vessels of unlimited tonnage.

    (a) The minimum service required to qualify an applicant for an
endorsement as master of Great Lakes and inland self-propelled vessels
of unlimited tonnage is--
    (1) One year of service as a mate or first-class pilot while acting
in the capacity of first mate of Great Lakes self-propelled vessels of
1,600 GRT or more while holding a license or MMC endorsement as mate
inland or first-class pilot of Great Lakes and inland self-propelled
vessels of unlimited tonnage;
    (2) Two years of service as master of self-propelled vessels of
1,600 GRT or more on inland waters, excluding the Great Lakes; or
    (3) One year of service upon Great Lakes waters while holding a
license or MMC endorsement as mate or first-class pilot of Great Lakes
and inland self-propelled vessels of 1,600 GRT or more. A minimum of 6
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 6 months (2 days of service equals 1 day of
creditable service).
    (b) [Reserved]

[[Page 189]]



Sec. 11.435  Requirements for master of inland self-propelled vessels
of unlimited tonnage.

    (a) The minimum service required to qualify an applicant for an
endorsement as master of self-propelled vessels of unlimited tonnage on
inland waters, excluding the Great Lakes is--
    (1) One year of service as first-class pilot (of other than canal
and small lakes routes) or mate of Great Lakes or inland self-propelled
vessels of 1,600 GRT or more while holding a license or MMC endorsement
as mate inland or first-class pilot of Great Lakes and inland self-
propelled vessels of unlimited tonnage; or
    (2) Two years of service performing bridge watchkeeping duties under
the supervision of the master or a qualified officer while holding a
mate/first-class pilot license or MMC endorsement.
    (b) [Reserved]



Sec. 11.437  Requirements for mate of Great Lakes and inland
self-propelled vessels of unlimited tonnage.

    (a) The minimum service required to qualify an applicant for an
endorsement as mate of Great Lakes and inland self-propelled vessels of
unlimited tonnage is--
    (1) Three years of service in the deck department of self-propelled
vessels, at least 3 months of which must have been on vessels on inland
waters and at least 6 months of which must have been while performing
bridge watchkeeping duties under the supervision of the master or a
qualified officer;
    (2) Graduation from the deck class of the Great Lakes Maritime
Academy; or
    (3) While holding a license or MMC endorsement as master of Great
Lakes and inland self-propelled vessels of less than 1,600 GRT, 1 year
of service as master on vessels of 200 GRT or more. A tonnage limitation
may be placed on this license in accordance with Sec. 11.431 of this
subpart.
    (b) Service gained in the engine department on vessels of
appropriate tonnage may be creditable for up to 6 months of the service
requirements under paragraph (a)(1) of this section.



Sec. 11.442  Requirements for master of Great Lakes and inland
self-propelled vessels of less than 1,600 GRT.

    (a) The minimum service required to qualify an applicant for an
endorsement as master of Great Lakes and inland self-propelled vessels
of less than 1,600 GRT is--
    (1) Three years of total service on vessels. Eighteen months of the
required service must have been on vessels of 100 GRT or more. One year
of the required service must have been as a master, mate, or equivalent
position on vessels of 100 GRT or more while holding a license or MMC
endorsement as master, mate, or master of towing vessels; or
    (2) Six months of service as operator on vessels of 100 GRT or more
while holding a license or MMC endorsement as master of towing vessels.
    (b) [Reserved]



Sec. 11.444  Requirements for mate of Great lakes and inland
self-propelled vessels of less than 1,600 GRT.

    (a) The minimum service required to qualify an applicant for an
endorsement as mate of Great Lakes and inland self-propelled vessels of
less than 1,600 GRT is--
    (1) Two years of total service in the deck department of self-
propelled vessels. One year of the required service must have been on
vessels of 100 GRT or more. Six months of the required service must have
been while performing bridge watchkeeping duties under the supervision
of the master or a qualified officer on vessels of 100 GRT or more;
    (2) One year of total service as master of self-propelled, sail, or
auxiliary sail vessels, or operator of uninspected passenger vessels of
50 GRT or more while holding a license or MMC endorsement as master of
self-propelled vessels of less than 200 GRT or OUPV; or
    (3) Six months of total service as mate (pilot) of towing vessels on
vessels of 100 GRT or more.
    (b) [Reserved]

[[Page 190]]



Sec. 11.446  Requirements for master of Great Lakes and inland
self-propelled vessels of less than 500 GRT.

    (a) The minimum service required to qualify an applicant for an
endorsement as master of Great Lakes and inland self-propelled vessels
of less than 500 GRT is--
    (1) Three years of total service on vessels. One year of the
required service must have been as a master, mate, or equivalent
position on vessels of 50 GRT or more while holding a license or MMC
endorsement as master, mate, or OUPV.
    (2) [Reserved]
    (b) An applicant holding a license or MMC endorsement as master of
ocean, near-coastal, or Great Lakes and inland towing vessels is
eligible for this endorsement after 6 months of service as master of
towing vessels and completion of a limited examination. This requires 3
1/2 years of service. Two years of this service must have been served
while holding a license or MMC endorsement as master or mate (pilot) of
towing vessels, or mate.



Sec. 11.448  Requirements for mate of Great Lakes and inland
self-propelled vessels of less than 500 GRT.

    The minimum service required to qualify an applicant for an
endorsement as mate of Great Lakes and inland self-propelled vessels of
less than 500 GRT is 2 years of total service in the deck department of
self-propelled vessels. One year of the required service must have been
on vessels of 50 GRT or more. Three months of the required service must
have been while performing bridge watchkeeping duties under the
supervision of the master or a qualified officer on vessels of 50 GRT or
more.



Sec. 11.450  Tonnage limitations and qualifying requirements for
endorsements as master or mate of Great Lakes and inland vessels of

less than 200 GRT.

    (a) Except as noted in paragraph (d) of this section, all
endorsements issued for master or mate of vessels of less than 200 GRT
are issued in 50 GRT increments based on the applicant's qualifying
experience in accordance with the provisions of Sec. 11.422 of this
subpart.
    (b) Service gained in the engineroom on vessels of less than 200 GRT
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 personnel
with licenses or endorsements are not required, the Coast Guard must be
satisfied that the nature of this required service (i.e., size of
vessel, route, equipment, etc.) is a reasonable equivalent to the duties
performed on vessels which are required to engage individuals with
endorsements.
    (d) If more than 75 percent of the qualifying experience is obtained
on vessels of 5 GRT or less, the license will automatically be limited
to vessels of less than 25 GRT.



Sec. 11.452  Requirements for master of Great Lakes and inland
self-propelled vessels of less than 200 GRT.

    (a) The minimum service required to qualify an applicant for an
endorsement or license as master of Great Lakes and inland self-
propelled vessels of less than 200 GRT is 1 year of service on vessels.
Six months of the required service must have been as master, mate, or
equivalent position while holding a license or endorsement as master or
mate of self-propelled vessels, or master or mate (pilot) of towing
vessels, or OUPV. To obtain authority to serve on the Great Lakes, 3
months of the required service must have been on Great Lakes waters;
otherwise the endorsement will be limited to the inland waters of the
United States (excluding the Great Lakes).
    (b) To obtain an endorsement for sail or auxiliary sail vessels, the
applicant must have 6 months of service on sail or auxiliary sail
vessels. This required service may have been obtained prior to issuance
of the license or MMC endorsement as master.



Sec. 11.454  Requirements for mate of Great Lakes and inland
self-propelled vessels of less than 200 GRT.

    (a) The minimum service required to qualify an applicant for an
endorsement as mate of Great Lakes and inland self-propelled vessels of
less than 200 GRT is 6 months of service in the

[[Page 191]]

deck department of self-propelled vessels. To obtain authority to serve
on the Great Lakes, 3 months of the required service must have been on
Great Lakes waters; otherwise the endorsement will be limited to the
inland waters of the United States (excluding the Great Lakes).
    (b) To obtain an endorsement for sail or auxiliary sail vessels, the
applicant must submit evidence of 3 months of service on sail or
auxiliary sail vessels.
    (c) A mariner holding an endorsement as master of self-propelled
vessels may be endorsed as mate of sail or auxiliary sail vessels upon
presentation of 3 months service on sail or auxiliary sail vessels.
    (d) The holder of a license or MMC endorsement as operator of inland
uninspected passenger vessels may obtain this endorsement by
successfully completing an examination on rules and regulations for
small passenger vessels. To obtain authority to serve on the Great
Lakes, 3 months of the required service must have been on Great Lakes
waters; otherwise the endorsement will be limited to the inland waters
of the United States (excluding the Great Lakes).
    (e) To obtain a tonnage endorsement for 100 GRT or more, the
applicant must complete the additional examination topics indicated in
subpart I of this part.



Sec. 11.455  Requirements for master of Great Lakes and inland
self-propelled vessels of less than 100 GRT.

    (a) The minimum service required to qualify an applicant for an
endorsement as master of Great Lakes and inland self-propelled vessels
of less than 100 GRT is 1 year of total service in the deck department
of self-propelled, sail, or auxiliary sail vessels. To obtain authority
to serve on the Great Lakes, 3 months of the required service must have
been on Great Lakes waters; otherwise the endorsement will be limited to
the inland waters of the United States (excluding the Great Lakes).
    (b) To obtain an endorsement for sail or auxiliary sail vessels, the
applicant must submit evidence of 6 months of service on sail or
auxiliary sail vessels. The required 6 months of service may have been
obtained prior to issuance of the endorsement.
    (c) All endorsements issued for master or mate of vessels of less
than 100 GRT are issued in tonnage increments based on the applicant's
qualifying experience in accordance with the provisions of Sec. 11.422
of this subpart.



Sec. 11.456  Requirements for limited master of Great Lakes and inland
self-propelled vessels of less than 100 GRT.

    (a) An endorsement as limited master for vessels of less than 100
GRT upon Great Lakes and inland waters may be issued to an applicant to
be employed by organizations such as formal camps, educational
institutions, yacht clubs, and marinas with reduced service
requirements. An endorsement issued under this paragraph is limited to
the specific activity and the locality of the camp, yacht club, or
marina. To obtain this restricted endorsement, an applicant must--
    (1) Have 4 months of service in the operation of the type of vessel
for which the endorsement is requested;
    (2) 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 5 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. 11.201(i) of this part will only be
required when, in the opinion of the Coast Guard, the geographic area
over which service is authorized precludes obtaining medical services
within a reasonable time.



Sec. 11.457  Requirements for master of inland self-propelled vessels of
less than 100 GRT.

    (a) An applicant for an endorsement as master of inland self-
propelled vessels of less than 100 GRT must present 1 year of service on
any waters. In order to raise the tonnage limitation to more than 100
GRT, the examination

[[Page 192]]

topics indicated in subpart I of this part must be completed in addition
to satisfying the experience requirements of Sec. 11.452(a) of this
subpart.
    (b) To obtain an endorsement for sail or auxiliary sail vessels, the
applicant must submit evidence of 6 months of service on sail or
auxiliary sail vessels. The required 6 months of service may have been
obtained prior to issuance of the license or MMC endorsement.
    (c) All endorsements issued for master or mate of vessels of less
than 100 GRT are issued in tonnage increments based on the applicant's
qualifying experience in accordance with the provisions of Sec. 11.422
of this subpart.



Sec. 11.459  Requirements for national endorsement as master or mate on
rivers.

    (a) An applicant for an endorsement as master of river self-
propelled vessels of unlimited tonnage must meet the same service
requirements as master of inland self-propelled vessels of unlimited
tonnage.
    (b) An applicant for an endorsement as master or mate of river self-
propelled vessels, with a limitation of 25 to 1,600 GRT, must meet the
same service requirements as those required by this subpart for the
corresponding tonnage Great Lakes and inland self-propelled endorsement.
Service on the Great Lakes is not, however, required.



Sec. 11.462  Requirements for national endorsement as master or mate of
uninspected fishing industry vessels.

    (a) This section applies to endorsements 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 GRT.
    (b) Endorsements 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 endorsement, the applicant must satisfy the training and
examination requirements of Sec. 11.201(h)(1) of this part.
    (c) An applicant for an endorsement as master of uninspected fishing
industry vessels must have 4 years of total service on ocean or near-
coastal routes. Service on Great Lakes or inland waters may substitute
for up to 2 years of the required service. One year of the required
service must have been as master, mate, or equivalent position while
holding a license or MMC endorsement as master or mate of self-propelled
vessels, or master or mate (pilot) of towing vessels, or OUPV.
    (1) To qualify for an endorsement for less than 500 GRT, at least 2
years of the required service, including the 1 year as master, mate, or
equivalent, must have been on vessels of 50 GRT or more.
    (2) To qualify for an endorsement for less than 1,600 GRT, at least
2 years of the required service, including the 1 year as master, mate,
or equivalent, must have been on vessels of 100 GRT or more.
    (3) To qualify for an endorsement for more than 1,600 GRT, but not
more than 5,000 GRT, the vessel tonnage upon which the 4 years of
required service was obtained will be used to compute the tonnage. The
endorsement 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 1,000
GRT, using the next higher figure when an intermediate tonnage is
calculated. An endorsement as master of uninspected fishing industry
vessels authorizing service on vessels more than 1,600 GRT also requires
1 year as master, mate, or equivalent on vessels of 100 GRT or more.
    (4) The tonnage limitation for this endorsement may be raised using
one of the following methods but cannot exceed 5,000 GRT. Limitations
are in multiples of 1,000 GRT, using the next higher figure when an
intermediate tonnage is calculated.
    (i) Three months of 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 1,000 GRT.

[[Page 193]]

    (ii) Six months of service as master on a vessel results in a
limitation in that capacity equal to 150 percent of the tonnage of that
vessel.
    (iii) Six months of service as master on vessels more than 1,600 GRT
results in raising the limitation to 5,000 GRT.
    (iv) Six months of service as mate on vessels more than 1,600 GRT
results in raising the limitation for master to the tonnage on which at
least 50 percent of the service was obtained.
    (v) Two years of service as a deckhand on a vessel while holding a
license or MMC endorsement as master results in a limitation on the MMC
equal to 150 percent of the tonnage of that vessel up to 5,000 GRT.
    (vi) One year of service as deckhand on a vessel while holding a
license or MMC endorsement as master results in a limitation on the MMC
equal to the tonnage of that vessel.
    (d) An applicant for an endorsement as mate of uninspected fishing
industry vessels must have 3 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 an endorsement of less than 500 GRT, at least 1
year of the required service must have been on vessels of 50 GRT or
more.
    (2) To qualify for an endorsement of less than 1,600 GRT, at least 1
year of the required service must have been on vessels of 100 GRT or
more.
    (3) To qualify for an endorsement of more than 1,600 GRT, but not
more than 5,000 GRT, the vessel tonnage upon which the 3 years of
required service was obtained will be used to compute the tonnage. The
endorsement 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 1,000
GRT, using the next higher figure when an intermediate tonnage is
calculated.
    (4) The tonnage limitation on this endorsement may be raised using
one of the following methods, but cannot exceed 5,000 GRT. Limitations
are in multiples of 1,000 GRT, using the next higher figure when an
intermediate tonnage is calculated.
    (i) Three months of 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 1,000 GRT.
    (ii) Six months of service as mate on a vessel results in a
limitation in that capacity equal to 150 percent of the tonnage of that
vessel.
    (iii) Six months of service as mate on vessels more than 1,600 GRT
results in raising the limitation to 5,000 GRT.
    (iv) One year of service as deckhand on vessels more than 1,600 GRT
while holding a license or MMC endorsement as mate, results in raising
the limitation on the MMC to 5,000 GRT;
    (v) Two years of service as a deckhand on a vessel while holding a
license or MMC endorsed as mate results in a limitation on the MMC equal
to 150 percent of the tonnage of that vessel up to 5,000 GRT.
    (vi) One year of service as deckhand on a vessel while holding a
license or MMC endorsement as mate results in a limitation on the MMC
equal to the tonnage of that vessel.
    (e) Applicants may request an oral examination on the subjects
listed in subpart I of this part.



Sec. 11.463  General requirements for national endorsements as master,
mate (pilot), and apprentice mate (steersman) of towing vessels.

    (a) The Coast Guard issues the following endorsements for towing
vessels:
    (1) Master of towing vessels.
    (2) Master of towing vessels, limited.
    (3) Mate (pilot) of towing vessels.
    (4) Apprentice mate (steersman).
    (5) Apprentice mate (steersman), limited.
    (b) An endorsement as master of towing vessels means an endorsement
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 an endorsement to operate a
towing vessel of less than 200 GRT only within a local area on the Great
Lakes, inland waters, or Western Rivers designated by the OCMI.

[[Page 194]]

    (d) Mariners who met the training and service requirements for
towing vessels before May 21, 2001, and have maintained a valid Coast
Guard-issued credential may obtain a towing endorsement if they meet the
following:
    (1) Demonstrate at least 90 days of towing service before May 21,
2001.
    (2) Provide evidence of successfully completing the apprentice mate
exam, its predecessor exam, or a superior exam.
    (3) Meet the renewal requirements in Sec. 10.227(e)(6)(i) of this
subchapter.
    (e) Mariners who operated towing vessels in the offshore oil and
mineral industry prior to October 15, 2010, may obtain a towing
endorsement until December 24, 2018 as follows:
    (1) Mariners who held officer endorsements as operator of
uninspected towing vessels (OUTV) or mate or master of inspected self-
propelled vessels may qualify for a towing endorsement if they meet the
following:
    (i) Provide evidence of at least 90 days of service on towing
vessels in the offshore oil and mineral industry prior to October 15,
2010.
    (ii) Provide evidence of successfully completing the apprentice mate
(steersman) examination, its predecessor exam, or a superior exam.
    (iii) Meet the renewal requirements in Sec. 10.227(e)(6) of this
subchapter.
    (2) Mariners who have not held any of the officer endorsements
listed in paragraph (e)(1) of this section may qualify for an
endorsement as master of towing vessels if they meet the following:
    (i) Provide evidence of at least 48 months of service on towing
vessels in the offshore oil and mineral industry prior to October 15,
2010.
    (ii) Successfully complete the appropriate apprentice mate
(steersman) exam.
    (3) Mariners who have not held any of the officer endorsements
listed in paragraph (e)(1) of this section may qualify for an
endorsement as mate of towing vessels if they meet the following:
    (i) Provide evidence of at least 36 months of service on towing
vessels in the offshore oil and mineral industry prior to October 15,
2010.
    (ii) Successfully complete the appropriate apprentice mate
(steersman) exam.
    (f) Deck officers who serve on the following seagoing vessels must
comply with the requirements of Sec. Sec. 11.309 and 11.311 of this
subpart for the appropriate STCW endorsement:
    (1) A towing vessel on an oceans voyage operating beyond near-
coastal waters.
    (2) A towing vessel on an international voyage.
    (3) A towing vessel of 200 GRT or more on a domestic, near-coastal
voyage.
    (g) Endorsements as mate (pilot) or master of towing vessels may be
issued with a restriction to specific types of towing vessels and/or
towing operations such as articulated tug barge (ATB) vessels that do
not routinely perform all of the tasks identified in the Towing Officer
Assessment Record (TOAR).
    (h) Figure 11.463(h) illustrates the towing officer endorsement
structure, including crossover points. The section numbers on the
diagram refer to the specific requirements applicable.

[[Page 195]]

[GRAPHIC] [TIFF OMITTED] TR24DE13.003



Sec. 11.464  Requirements for national endorsements as master of towing
vessels.

    (a) An applicant for an endorsement as master of towing vessels with
a route listed in column 1 of table 1 to this section, must complete the
service requirements indicated in columns 2 through 5. Applicants may
serve on the subordinate routes listed in column 5 without further
endorsement.

            Table 1 to Sec. 11.464(a)--Requirements for Endorsement as Master of Towing Vessels \1\
----------------------------------------------------------------------------------------------------------------
                      1                             2            3            4                    5
Route endorsed                                       Total      TOS \3\   TOS \3\ on  Sub-ordinate
                                               service \2\       on T/V   particular  route authorized
                                                                as mate        route
                                                                (pilot)
----------------------------------------------------------------------------------------------------------------
(1) OCEANS (O)...............................           48           18            3  NC, GL-I.
(2) NEAR-COASTAL (NC)........................           48           18            3  GL-I.
(3) GREAT LAKES-INLAND (GL-I)................           48           18            3  None.
(4) WESTERN RIVERS (WR)......................           48           18            3  None.
----------------------------------------------------------------------------------------------------------------
\1\ The holder of an endorsement as master of towing vessels may have an endorsement placed on the MMC as mate
  (pilot) of towing vessels for a route superior to the current route on which the holder has no operating
  experience after passing an examination for that additional route. After the holder completes 90 days of
  experience and completes a Towing Officer Assessment Record (TOAR) on that route, the Coast Guard will add it
  to the holder's endorsement as master of towing vessels and remove the endorsement for mate (pilot) of towing
  vessels.
\2\ Service is in months.
\3\ TOS is time of service.

    (b) A person holding this endorsement may qualify for an STCW
endorsement, according to Sec. Sec. 11.307, 11.311, 11.313, and 11.315
of this part.

[[Page 196]]

    (c) To obtain an endorsement as master of towing vessels (limited),
applicants must complete the requirements listed in columns 2 through 5
of table 1 to paragraph (c) of this section.

    Table 1 to Sec. 11.464(c)--Requirements for National Endorsement as Master of Towing Vessels (Limited)
----------------------------------------------------------------------------------------------------------------
                  1                           2                  3                  4                  5
Route endorsed                                   Total            TOS \2\               TOAR             TOS on
                                           service \1\          on T/V as              or an         particular
                                                                  limited           approved              route
                                                          apprentice mate             course
                                                              (steersman)
----------------------------------------------------------------------------------------------------------------
LIMITED LOCAL AREA (LLA)............                36                 18                Yes                 3.
----------------------------------------------------------------------------------------------------------------
\1\ Service is in months.
\2\ TOS is time of service.

    (d) Those holding a license or MMC endorsement as mate (pilot) of
towing vessels, may have master of towing vessels (limited) added to
their MMC for a limited local area within the scope of their current
route.
    (e) Before serving as master of towing vessels on the Western
Rivers, mariners must possess 90 days of observation and training and
their MMC must include an endorsement for Western Rivers.
    (f) Each company must maintain evidence that every vessel it
operates is under the direction and control of a mariner with the
appropriate endorsement and experience, including 30 days of observation
and training on the intended route other than Western Rivers.
    (g) Those holding a license or MMC endorsement as a master of self-
propelled vessels of more than 200 GRT, may operate towing vessels
within any restrictions on their endorsement if they--
    (1) Have a minimum of 30 days of training and observation on towing
vessels for the route being assessed, except as noted in paragraph (f)
of this section; and
    (2) Either--
    (i) Hold a completed Towing Officer Assessment Record (TOAR)
described in Sec. 10.404(c) of this part that shows evidence of
assessment of practical demonstration of skills; or
    (ii) Complete an approved training course.
    (h) A license or MMC does not need to include a towing endorsement
if mariners hold a TOAR or complete an approved training course.



Sec. 11.465  Requirements for national endorsements as mate (pilot) of
towing vessels.

    (a) To obtain an endorsement as mate (pilot) of towing vessels
endorsed with a route listed in column 1 of Table 1 to paragraph (a) of
this section, applicants must complete the service in columns 2 through
5. Mariners holding a license or MMC endorsement as master of towing
vessels (limited) wishing to upgrade it to mate (pilot) of towing
vessels must complete the service in columns 5 and 6. An endorsement
with a route endorsed in column 1 authorizes service on the subordinate
routes listed in column 7 without further endorsement. Time of service
requirements as an apprentice mate (steersman) of towing vessels may be
reduced by an amount equal to the time specified in the approval letter
for a completed Coast Guard-approved training program.

[[Page 197]]



                        Table 1 to Sec. 11.465(a)--Requirements for National Endorsement as Mate (Pilot \1\) of Towing Vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  1                         2              3             4                 5                        6                        7
Route endorsed                               Total  TOS \3\ on T/V       TOS on  TOAR \5\ or an        30 days of observation and  Subordinate route
                                       service \2\   as apprentice   particular   approved course.      training while holding     authorized
                                                              mate        route                         master (limited) and pass
                                                       (steersman)                                      an.
                                                               \4\                                     examination...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) OCEANS (O).......................           30              12            3  YES.................  YES.......................  NC, GL-I.
(2) NEAR-COASTAL (NC)................           30              12            3  YES.................  YES.......................  GL-I.
(3) GREAT LAKES-INLAND (GL-I)........           30              12            3  YES.................  YES.......................
(4) WESTERN RIVERS (WR)..............           30              12            3  YES.................  NO (90 days service
                                                                                                        required).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For all inland routes, as well as Western Rivers, the endorsement as pilot of towing vessels is equivalent to that as mate of towing vessels. All
  qualifications and equivalencies are the same.
\2\ Service is in months unless otherwise indicated.
\3\ TOS is time of service.
\4\ Time of service requirements as an apprentice mate (steersman) of towing vessels may be reduced by an amount equal to the time specified in the
  approval letter for a completed Coast Guard-approved training program.
\5\ TOAR is a Towing Officer Assessment Record.

    (b) Before serving as mate (pilot) of towing vessels on the Western
Rivers, mariners must possess 90 days of observation and training and
have their MMC include an endorsement for Western Rivers.
    (c) Each company must maintain evidence that every vessel it
operates is under the direction and control of a mariner with the
appropriate endorsement and experience, including 30 days of observation
and training on the intended route other than Western Rivers.
    (d) Those holding a license or MMC endorsement as a mate of
inspected, self-propelled vessels of more than 200 GRT or one as first-
class pilot, may operate towing vessels within any restrictions on their
credential if they--
    (1) Have a minimum of 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 Assessment Record (TOAR)
described in Sec. 10.404(c) of this subchapter that shows evidence of
assessment of practical demonstration of skills.
    (e) A license or MMC does not need to include a towing endorsement
if you hold a TOAR or a course completion certificate.
    (f) Those holding any endorsement as a master of self-propelled
vessels of any tonnage that is less than 200 GRT, except for the limited
masters endorsements specified in Sec. Sec. 11.429 and 11.456 of this
subpart, may obtain an endorsement as mate (pilot) of towing vessels by
meeting the following requirements:
    (1) Providing proof of 36 months of service as a master under the
authority of an endorsement described in this paragraph.
    (2) Successfully completing the appropriate TOAR.
    (3) Successfully completing the appropriate apprentice mate exam.
    (4) Having a minimum of 30 days of training and observation on
towing vessels for the route being assessed, except as noted in
paragraph (b) of this section.
    (g) An approved training course for mate (pilot) of towing vessels
must include formal instruction and practical demonstration of
proficiency either onboard a towing vessel or at a shoreside training
facility before a designated examiner, and must cover the material
(dependent upon route) required by Table 2 to Sec. 11.910 of this part
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.

[[Page 198]]

    (h) A person holding this endorsement may qualify for an STCW
endorsement, according to Sec. Sec. 11.309, 11.317, 11.319, and 11.321
of this part.

[USCG-2004-17914, 78 FR 77909, Dec. 24, 2013, as amended by USCG-2014-
0688, 79 FR 58277, Sept. 29, 2014]



Sec. 11.466  Requirements for national endorsements as apprentice mate
(steersman) of towing vessels.

    (a) As Table 1 to Sec. 11.466(a) shows, to obtain an endorsement as
apprentice mate (steersman) of towing vessels listed in column 1,
endorsed with a route listed in column 2, mariners must complete the
service requirements indicated in columns 3 through 6.

   Table 1 to Sec. 11.466(a)--Requirements for National Endorsement as Apprentice Mate (Steersman) of Towing
                                                     Vessels
----------------------------------------------------------------------------------------------------------------
                 1                             2                3          4          5               6
Endorsement                          Route................      Total    TOS \2\     TOS on  Pass
                                     endorsed.............    service     on T/V  particula  examination \3\
                                                                  \1\                     r
                                                                                      route
----------------------------------------------------------------------------------------------------------------
(1) APPRENTICE MATE (STEERSMAN)....  OCEANS (O)...........         18         12          3  YES.
                                     NEAR-COASTAL (NC)....         18         12          3  YES.
                                     GREAT LAKES..........         18         12          3  YES.
                                     INLAND (GL-I)........         18         12          3  YES.
                                     WESTERN RIVERS (WR)..         18         12          3  YES.
(2) APPRENTICE MATE (STEERSMAN)      NOT APPLICABLE.......         18         12          3  YES.
 (LIMITED).
----------------------------------------------------------------------------------------------------------------
\1\ Service is in months.
\2\ TOS is time of service.
\3\ The examination for apprentice mate is specified in subpart I of this part.

    (b) Those holding a license or endorsement as apprentice mate
(steersman) of towing vessels may obtain a restricted endorsement as
apprentice mate (steersman) (limited). This endorsement will go on the
mariner's MMC after passing an examination for a route that is not
included in the current endorsements and on which the mariners have no
operating experience. Upon completion of 3 months of experience on that
route, mariners may have the restriction removed.



Sec. 11.467  Requirements for a national endorsement as operator of
uninspected passenger vessels of less than 100 GRT.

    (a) This section applies to an applicant for the endorsement to
operate an uninspected vessel of less than 100 GRT, equipped with
propulsion machinery of any type, carrying six or fewer passengers.
    (b) An endorsement as OUPV for near-coastal waters limits the holder
to service on domestic, near-coastal waters not more than 100 miles
offshore, the Great Lakes, and all inland waters. Endorsements issued
for inland waters include all inland waters except the Great Lakes.
Endorsements may be issued for a particular local area under paragraph
(f) or paragraph (g) of this section.
    (c) For an endorsement as OUPV on near-coastal waters, an applicant
must have a minimum of 12 months of experience in the operation of
vessels, including at least 3 months of service on vessels operating on
ocean or near-coastal waters.
    (d) For an endorsement as OUPV on the Great Lakes and inland waters,
an applicant must have 12 months of service on Great Lakes or inland
waters, including at least 3 months of service operating vessels on
Great Lakes waters.
    (e) For an endorsement as OUPV on inland waters, an applicant must
have a minimum of 12 months of experience in the operation of vessels.
    (f) A limited OUPV endorsement may be issued to an applicant to be
employed by organizations such as formal camps, yacht clubs, educational
institutions, and marinas. An endorsement issued under this paragraph
will be limited to the specific activity and the

[[Page 199]]

locality of the camp, yacht club, or marina. In order to obtain this
restricted endorsement, an applicant must--
    (1) Have 3 months of service in the operation of the type of vessel
for which the endorsement is requested;
    (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) Hold the first aid and cardiopulmonary resuscitation (CPR)
course certificates required by Sec. 11.201(i) of this part when, in
the opinion of the Coast Guard, the geographic area over which service
is authorized precludes obtaining medical services within a reasonable
time.
    (g) Restricted OUPV endorsements may be issued to applicants to be
employed on inland navigable waters. An endorsement under this paragraph
will be limited to specific bodies of water that have been approved by
the cognizant OCMI. In order to obtain this endorsement, the applicant
must be qualified for the endorsement under this section; however, the
OCMI may modify the service and examination requirements as follows:
    (1) At least 3 months of service in the operation of the type of
vessel and on each body of water for which the endorsement is requested.
    (2) Satisfactorily pass an examination appropriate for the activity
to be conducted and the waters authorized.
    (h) An applicant for an officer endorsement as OUPV who speaks
Spanish, but not English, may be issued an officer endorsement
restricted to the navigable waters of the United States in the vicinity
of Puerto Rico.



Sec. 11.468  National officer endorsements for mobile offshore drilling
units (MODUs).

    Officer endorsements for service on MODUs authorize service on units
of unlimited tonnage upon ocean waters while on location or while
underway, as restricted on the endorsement, except when moving
independently under their own power.



Sec. 11.470  National officer endorsements as offshore installation
manager.

    (a) Officer endorsements as offshore installation manager (OIM)
include:
    (1) OIM Unrestricted.
    (2) OIM Surface Units on Location.
    (3) OIM Surface Units Underway.
    (4) OIM Bottom Bearing Units on Location.
    (5) OIM Bottom Bearing Units Underway.
    (b) To qualify for an endorsement as OIM unrestricted, an applicant
must--
    (1) Present evidence of one of the following:
    (i) Four years of employment assigned to MODUs, including at least 1
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.
    (ii) A degree from a program in engineering or engineering
technology which is accredited by the Accreditation Board for
Engineering and Technology (ABET). The 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 OIM unrestricted.
    (ii) A certificate from a Coast Guard-approved survival suit and
survival craft training course.
    (iii) A certificate from a firefighting training course as required
by Sec. 11.201(h) of this part; and

[[Page 200]]

    (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 1 year preceding date of
application.
    (c) An applicant for an endorsement as OIM unrestricted who holds an
unlimited license or MMC endorsement 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 an endorsement as OIM surface units on location,
an applicant must--
    (1) Present evidence of one of the following:
    (i) Four years of employment assigned to MODUs, including at least 1
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.
    (ii) A degree from a program in engineering or engineering
technology which is accredited by the Accreditation Board for
Engineering and Technology (ABET). The National Maritime Center will
give consideration to accepting education credentials from programs
having other than ABET accreditation. An applicant qualifying through a
degree program must also have at least 168 days of service as driller,
assistant driller, toolpusher, assistant toolpusher, barge supervisor,
mechanical supervisor, electrician, crane operator, ballast control
operator, or equivalent supervisory position of MODUs, with a minimum of
14 days of that supervisory service on surface units; and
    (2) Present evidence of training course completion as follows:
    (i) A certificate from a Coast Guard-approved stability course
approved for a license or MMC endorsement as OIM surface units.
    (ii) A certificate from a Coast Guard-approved survival suit and
survival craft training course.
    (iii) A certificate from a firefighting training course as required
by Sec. 11.201(h) of this part.
    (e) An applicant for an endorsement as OIM surface units on location
who holds an unlimited license or MMC endorsement 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 an endorsement 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 1 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 1 year preceding the
date of application; and
    (2) Present evidence of training course completion as follows:

[[Page 201]]

    (i) A certificate from a Coast Guard-approved stability course
approved for an OIM surface units endorsement.
    (ii) A certificate from a Coast Guard-approved survival suit and
survival craft training course.
    (iii) A certificate from a firefighting training course as required
by Sec. 11.201(h) of this part.
    (g) An applicant for endorsement as OIM surface units underway who
holds an unlimited license or MMC endorsement 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 1 year preceding the date of
application.
    (h) To qualify for an endorsement as OIM bottom bearing units on
location, an applicant must--
    (1) Present evidence of one of the following:
    (i) Four years of employment assigned to MODUs, including at least 1
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.
    (ii) A degree from a program in engineering or engineering
technology that is accredited by ABET. The National Maritime Center will
give consideration to accepting education credentials from programs
having other than ABET accreditation. An applicant qualifying through a
degree program must also have at least 168 days of service as driller,
assistant driller, toolpusher, assistant toolpusher, barge supervisor,
mechanical supervisor, electrician, crane operator, ballast control
operator, or equivalent supervisory position on MODUs; and
    (2) Present evidence of training course completion as follows:
    (i) A certificate from a Coast Guard-approved survival suit and
survival craft training course.
    (ii) A certificate from a firefighting training course as required
by Sec. 11.201(h) of this part.
    (i) An applicant for an endorsement as OIM bottom bearing units on
location who holds an unlimited license or MMC endorsement 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 an 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 1 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 1 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 a license or MMC endorsement as OIM bottom bearing units.

[[Page 202]]

    (ii) A certificate from a Coast Guard-approved survival suit and
survival craft training course.
    (iii) A certificate from a firefighting training course as required
by Sec. 11.201(h) of this part.
    (k) An applicant for endorsement as OIM bottom bearing units
underway who holds an unlimited license or MMC endorsement 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 1 year preceding the date of
application.



Sec. 11.472  National officer endorsements as barge supervisor.

    (a) To qualify for an endorsement as barge supervisor (BS), an
applicant must--
    (1) Present evidence of one of the following:
    (i) Three years of employment assigned to MODUs including at least
168 days of service as driller, assistant driller, toolpusher, assistant
tool pusher, mechanic, electrician, crane operator, subsea specialist,
ballast control operator, or equivalent supervisory position on MODUs.
At least 84 days of that service must have been as a ballast control
operator, or barge supervisor trainee.
    (ii) A degree from a program in engineering or engineering
technology that is accredited by the Accreditation Board for Engineering
and Technology (ABET). The 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 must 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 barge supervisor.
    (ii) A certificate from a Coast Guard-approved survival suit and
survival craft training course.
    (iii) A certificate from a firefighting training course as required
by Sec. 11.201(h) of this part.
    (b) An applicant for an endorsement as barge supervisor who holds an
unlimited license or MMC endorsement 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.



Sec. 11.474  National officer endorsements as ballast control operator.

    (a) To qualify for an endorsement as ballast control operator (BCO),
an applicant must--
    (1) Present evidence of one of the following:
    (i) One year of employment assigned to MODUs, including at least 28
days of service as a trainee under the supervision of an individual
holding a license or MMC endorsement as ballast control operator.
    (ii) A degree from a program in engineering or engineering
technology that is accredited by the Accreditation Board for Engineering
and Technology (ABET). The 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 an individual holding a license or MMC endorsement as
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 barge supervisor or ballast control operator.

[[Page 203]]

    (ii) A certificate from a Coast Guard-approved survival suit and
survival craft training course.
    (iii) A certificate from a firefighting training course as required
by Sec. 11.201(h) of this part.
    (b) An applicant for an endorsement as BCO who holds an unlimited
license or MMC endorsement 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 an individual holding an endorsement as BCO.



Sec. 11.480  Radar observer.

    (a) This section contains the requirements that an applicant must
meet to 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
MMC:
    (1) Radar observer (unlimited).
    (2) Radar observer (inland waters and Gulf Intercoastal waterways
(GIWW)).
    (3) Radar observer (rivers).
    (c) Radar observer (unlimited) is valid on all waters. Radar
observer (inland waters and GIWW) is valid only for those waters other
than the Great Lakes covered by the Inland Navigational Rules. 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 paragraph (e) of this section, each
applicant for a radar observer endorsement or for renewal of a radar
observer endorsement must complete the appropriate course approved by
the Coast Guard, receive the appropriate certificate of training, and
present the certificate or a copy of the certificate to the Coast Guard
in person, by mail, fax, or other electronic means.
    (e) A radar observer endorsement issued under this section is valid
for 5 years from the date of issuance of the certificate of training
from a course approved by the Coast Guard.
    (f) A mariner may maintain the validity of a radar observer
endorsement by completing a refresher or re-certification course
approved for that purpose.
    (g) An applicant for renewal of a license or MMC that does not need
a radar observer endorsement may renew without meeting the requirements
for the endorsement. However, a radar endorsement will not be placed on
the MMC unless the mariner submits a course completion certificate or a
copy of the certificate from an approved radar course.
    (h) An applicant seeking to raise the grade of a license or MMC
endorsement or increase its scope, where the increased grade or scope
requires a radar observer certificate, may use an expired certificate to
fulfill that requirement. However, a radar endorsement will not be
placed on the MMC unless the mariner submits a course completion
certificate or a copy of the certificate from an approved radar course.



Sec. 11.482  Assistance towing.

    (a) This section contains the requirements to qualify for an
endorsement authorizing a mariner to engage in assistance towing. Except
as noted in this paragraph, holders of MMC officer and OUPV endorsements
must have an assistance towing endorsement to engage in assistance
towing. Holders of endorsements as master or mate (pilot) of towing
vessels or master or mate endorsements authorizing service on inspected
vessels of 200 GRT or more do not need the assistance towing
endorsement.
    (b) An applicant for an assistance towing endorsement must pass a
written examination or complete a Coast Guard-approved course
demonstrating his or her knowledge of assistance towing safety,
equipment, and procedures.
    (c) The holder of a license or MMC for master, mate, or operator
endorsed for assistance towing is authorized to engage in assistance
towing on any vessel within the scope of the license or MMC.
    (d) The period of validity of the endorsement is the same as the
license or MMC on which it is included, and it may be renewed with the
MMC.



Sec. 11.491  National officer endorsements for service on offshore
supply vessels.

    (a) Each officer endorsement for service on offshore supply vessels
(OSVs)

[[Page 204]]

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 or MMC.
    (b) For those officers who previously received a 500 GRT limitation
on their national officer endorsement due to the definition of OSV
existing before October 15, 2010, the limitation will be raised to 1,600
GRT to be consistent with other national officer endorsements.



Sec. 11.493  Master (OSV).

    (a) The minimum service required to qualify an applicant for an
endorsement as master (OSV) of offshore supply vessels less than 1,600
GRT/3,000 GT is 24 months of total service as mate, chief mate, or
master of ocean or near-coastal and/or Great Lakes on self-propelled
vessels of more than 100 GRT. Service on inland waters may substitute
for up to 50 percent of the required service. At least one-half of the
required experience must be served as chief mate.
    (b) The minimum service required to qualify an applicant for master
(OSV) of 1,600 GRT/3,000 GT or more is 24 months of total service as
mate, chief mate, or master of ocean or near-coastal and/or Great Lakes
on self-propelled vessels of more than 100 GRT. At least one-half of the
required experience must be served as chief mate and be obtained on
vessels of 1,600 GRT/3,000 GT or more.
    (c) If an applicant for master (OSV) of more than 1,600 GRT/3,000 GT
does not have the service on vessels of 1,600 GRT/3,000 GT or more as
required by paragraph (b) of this section, a tonnage limitation will be
placed on the officer endorsement based on the applicant's qualifying
experience. The endorsement will be 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. However, the minimum tonnage
limitation calculated according to this paragraph will be 2,000 GRT.
Limitations are in multiples of 1,000 GRT using the next higher figure
when an intermediate tonnage is calculated. In no case will the
limitation exceed 10,000 GRT/GT for OSVs unless the applicant meets the
full requirements for an unlimited tonnage endorsement.
    (d) A person holding an endorsement as master (OSV) may qualify for
an STCW endorsement, according to Sec. Sec. 11.305 and 11.311 of this
part.
    (e) The Coast Guard may exempt an applicant from meeting any
requirement under STCW Regulation II/2 (incorporated by reference, see
Sec. 11.102 of this part) that the Coast Guard 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.

[USCG-2004-17914, 78 FR 77909, Dec. 24, 2013, as amended by USCG-2014-
0688, 79 FR 58277, Sept. 29, 2014]



Sec. 11.495  Chief mate (OSV).

    (a) The minimum service required to qualify an applicant for an
endorsement as chief mate (OSV) of offshore supply vessels less than
1,600 GRT/3,000 GT is 12 months of total service as mate, chief mate, or
master of ocean or near-coastal and/or Great Lakes on self-propelled
vessels of more than 100 GRT. Service on inland waters may substitute
for up to 50 percent of the required service.
    (b) The minimum service required to qualify an applicant for as
chief mate (OSV) of 1,600 GRT/3,000 GT or more is 12 months of total
service as mate, chief mate, or master of ocean or near-coastal and/or
Great Lakes on self-propelled vessels of more than 100 GRT. At least
one-half of the required experience must be obtained on vessels of 1,600
GRT/3,000 GT or more.
    (c) If an applicant for as chief mate (OSV) of 1,600 GRT/3,000 GT or
more does not have the service on vessels of 1,600 GRT/3,000 GT or more
as required by paragraph (b) of this section, a tonnage limitation will
be placed on the officer endorsement based on the applicant's qualifying
experience. The endorsement will be 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. However, the minimum tonnage
limitation calculated according

[[Page 205]]

to this paragraph will be 2,000 GRT. Limitations are in multiples of
1,000 GRT using the next higher figure when an intermediate tonnage is
calculated. In no case will the limitation exceed 10,000 GRT/GT for OSVs
unless the applicant meets the full requirements for an unlimited
tonnage endorsement.
    (d) A person holding an endorsement as chief mate (OSV) may qualify
for an STCW endorsement, according to Sec. Sec. 11.307 and 11.313 of
this part.
    (e) The Coast Guard may exempt an applicant from meeting any
requirement under STCW Regulation II/2 (incorporated by reference, Sec.
11.102 of this part) that the Coast Guard 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.

[USCG-2004-17914, 78 FR 77909, Dec. 24, 2013, as amended by USCG-2014-
0688, 79 FR 58277, Sept. 29, 2014]



Sec. 11.497  Mate (OSV).

    (a) The minimum service required to qualify an applicant for an
endorsement as mate (OSV) of offshore supply vessels is--
    (1) Twenty-four months of total service in the deck department of
ocean or near-coastal self-propelled, sail, or auxiliary sail vessels.
Service on Great Lakes and inland waters may substitute for up to 1 year
of the required service. One year of the required service must have been
on vessels of more than 100 GRT; or
    (2) One year of total service as part of an approved or accepted
mate (OSV) training program.
    (b) A person holding an endorsement as mate (OSV) may qualify for an
STCW endorsement, according to Sec. 11.309 of this part.
    (c) The Coast Guard may exempt an applicant from meeting any
requirement under STCW Regulation II/1 (incorporated by reference, see
Sec. 11.102 of this part) that the Coast Guard 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.



   Subpart E_Professional Requirements for National Engineer Officer
                              Endorsements



Sec. 11.501  Grades and types of national engineer endorsements issued.

    (a) National engineer endorsements 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;
    (9) Assistant engineer uninspected fishing industry vessels;
    (10) Chief engineer (MODU);
    (11) Assistant engineer (MODU);
    (12) Chief engineer (OSV); and
    (13) Assistant engineer (OSV).
    (b) Engineer endorsements issued in the grades of chief engineer
(limited) and assistant engineer (limited) of steam, motor, and/or gas
turbine-propelled vessels allow the holder to serve within any
propulsion power limitations on vessels of unlimited tonnage on inland
waters and of less than 1,600 GRT in ocean, near-coastal, or Great Lakes
service in the following manner:
    (1) Chief engineer (limited) may serve on oceans and near-coastal
waters.
    (2) Assistant engineer (limited) may serve on ocean and near-coastal
waters.
    (c) Engineer licenses or MMC endorsements issued in the grades of
designated duty engineer of steam, motor, and/or gas turbine-propelled
vessels allow the holder to serve within stated propulsion power
limitations on vessels of less than 500 GRT in the following manner:
    (1) Designated duty engineers limited to vessels of less than 1,000
HP or 4,000 HP may serve only on near-coastal or inland waters.
    (2) Designated duty engineers-unlimited may serve on any waters.
    (d) An engineer officer's license or MMC endorsement authorizes
service on steam, motor, or gas turbine-propelled vessels or may
authorize all modes of propulsion.
    (e) A person holding an engineer license or MMC endorsement that is
restricted to near-coastal waters may

[[Page 206]]

serve within the limitations of the license or MMC upon near-coastal,
Great Lakes, and inland waters.



Sec. 11.502  General requirements for national engineer endorsements.

    (a) For all original and raise of grade of engineer endorsements, at
least one-third of the minimum service requirements must have been
obtained on the particular mode of propulsion for which the applicant
seeks endorsement.
    (b) If an applicant desires to add a propulsion mode (steam, motor,
or gas turbine) to his or her endorsement while holding a license or MMC
officer endorsement in that grade, the following alternatives are
acceptable:
    (1) Four months of service as an observer on vessels of the new
propulsion mode.
    (2) Four months of service as an engineer officer at the operational
level on vessels of the new propulsion mode.
    (3) Six months of service as oiler, fireman/watertender, or junior
engineer on vessels of the new propulsion mode.
    (4) Completion of a Coast Guard-approved training course for this
endorsement.



Sec. 11.503  Propulsion power limitations for national endorsements.

    (a) Engineer endorsements of all grades and types may be subject to
propulsion power limitations. Other than as provided in Sec. 11.524 of
this subpart for the designated duty engineer (DDE), the propulsion
power limitation placed on a license or MMC endorsement is based on the
applicant's qualifying experience considering the total shaft propulsion
power of each vessel on which the applicant has served.
    (b) When an applicant for an original or raise of grade of an
engineer endorsement, other than a DDE, has not obtained at least 50
percent of the required experience on vessels of 4,000 HP/3,000 kW or
more, a propulsion power limitation is placed on the MMC based on the
applicant's qualifying experience. The endorsement is limited to the
maximum propulsion power on which at least 25 percent of the required
experience was obtained, or 150 percent of the maximum propulsion power
on which at least 50 percent of the service was obtained, whichever is
higher. Limitations are in multiples of 1,000 HP/750 kW, using the next
higher figure when an intermediate horsepower is calculated. When the
limitation as calculated equals or exceeds 10,000 HP/7,500 kW, an
unlimited propulsion power endorsement is issued.
    (c) The following service on vessels of 4,000 HP/3,000 kW or more
will be considered qualifying for raising or removing the propulsion
power limitations placed on an engineer endorsement:
    (1) Six months of service in the highest-grade endorsed: Removal of
all propulsion power limitations.
    (2) Six months of service as an engineer officer in any capacity
other than the highest grade for which the applicant is licensed or
endorsed: Removal of all propulsion power limitations for the grade in
which service is performed and raised to the next higher grade
endorsement to the propulsion power of the vessel on which service was
performed. The total cumulative service before and after issuance of the
limited engineer endorsement may be considered in removing all
propulsion power limitations.
    (3) Twelve months of service as oiler or junior engineer while
holding a license or MMC endorsement as third assistant engineer or
assistant engineer (limited): Removal of all propulsion power
limitations on third assistant engineer or assistant engineer's
(limited) endorsement.
    (4) Six months of service as oiler or junior engineer while holding
a license or MMC endorsement as second assistant engineer: removal of
all propulsion power limitations on third assistant engineer's
endorsement.
    (d) Raising or removing propulsion power limitations based on
service required by paragraph (c) of this section may be granted without
further written examination, if the Coast Guard considers further
examination unnecessary.



Sec. 11.504  Application of deck service for national limited engineer
endorsements.

    Service gained in the deck department on vessels of appropriate
tonnage may substitute for up to 25 percent or

[[Page 207]]

6 months, whichever is less, of the service requirement for an
endorsement as chief engineer (limited), assistant engineer (limited),
or DDE.



Sec. 11.505  National engineer officer endorsements.

    Figure 11.505(a) illustrates the national engineering endorsement
structure, including crossover points.
    Figure 11.505(a)--Structure of national engineer officer
endorsementsfor non-seagoing service.
[GRAPHIC] [TIFF OMITTED] TR24DE13.004



Sec. 11.510  Service requirements for national endorsement as chief
engineer of steam, motor, and/or gas turbine-propelled vessels.

    (a) The minimum service required to qualify an applicant for
endorsement as chief engineer of steam, motor, and/or gas turbine-
propelled vessels is--
    (1) One year of service as first assistant engineer; or
    (2) One year of service while holding a license or MMC endorsement
as first assistant engineer. A minimum of 6 months of this service must
have been as first assistant engineer, and the remainder must be as
assistant engineer. Service as an assistant engineer other than first
assistant engineer is accepted on a two-for-one basis to a maximum of 6
months (2 days of service as a second or third assistant engineer equals
1 day of creditable service).
    (b) A person holding this endorsement may qualify for an STCW
endorsement, according to Sec. Sec. 11.325 and 11.331 of this part.



Sec. 11.512  Service requirements for national endorsement as first
assistant engineer of steam, motor, and/or gas turbine-propelled

vessels.

    (a) The minimum service required to qualify an applicant for
endorsement as first assistant engineer of steam,

[[Page 208]]

motor, and/or gas turbine-propelled vessels is--
    (1) One year of service as an assistant engineer while holding a
license or MMC with a second assistant engineer endorsement; or
    (2) One year of service as a chief engineer (limited) and completing
the appropriate examination described in subpart I of this part.
    (b) A person holding this endorsement may qualify for an STCW
endorsement, according to Sec. Sec. 11.327, 11.331, and 11.333 of this
part.



Sec. 11.514  Service requirements for national endorsement as second
assistant engineer of steam, motor, and/or gas turbine-propelled

vessels.

    (a) The minimum service required to qualify an applicant for
endorsement as second assistant engineer of steam, motor, and/or gas
turbine-propelled vessels is--
    (1) One year of service as an assistant engineer, while holding a
license or MMC endorsement as third assistant engineer; or
    (2) One year of service while holding a license or MMC endorsement
as third assistant engineer, which includes--
    (i) A minimum of 6 months of service as third assistant engineer;
and
    (ii) Additional service as a qualified member of the engine
department, calculated on a two-for-one basis.
    (b) A person holding this endorsement may qualify for an STCW
endorsement, according to Sec. Sec. 11.327, 11.329, and 11.333 of this
part.



Sec. 11.516  Service requirements for national endorsement as third
assistant engineer of steam, motor, and/or gas turbine-propelled

vessels.

    (a) The minimum service required to qualify an applicant for
endorsement as third assistant engineer of steam, motor, and/or gas
turbine-propelled vessels is--
    (1) Three years of service in the engineroom of vessels, 2 years of
which must have been as a qualified member of the engine department or
equivalent position;
    (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 1 year of service in the engineroom as
oiler, fireman/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 onboard
engineer officer qualification program required by the service;
    (iii) The U.S. Naval Academy and completion of an onboard engineer
officer qualification program required by the service; or
    (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 3 months of service in the engine department
of steam, motor, or gas turbine-propelled vessels;
    (5) Graduation from the mechanical or electrical engineering course
of a school of technology accredited by the ABET, together with 6 months
of service in the engine department of steam, motor, or gas turbine-
propelled vessels;
    (6) Satisfactory completion of a comprehensive apprentice engineers
training program approved by the Coast Guard; or
    (7) One year of service as assistant engineer (limited) of self-
propelled vessels and completion of the appropriate examination
described in subpart I of this part.
    (b) Experience gained in the deck department on vessels of 100 GRT
or more can be credited for up to 3 months of the service requirements
under paragraph (a)(1) of this section.
    (c) A person holding this endorsement may qualify for an STCW
endorsement, according to Sec. Sec. 11.327, 11.329, and 11,333 of this
part.



Sec. 11.518  Service requirements for national endorsement as chief
engineer (limited) of steam, motor, and/or gas turbine-propelled

vessels.

    (a) The minimum service required to qualify an applicant for
endorsement as chief engineer (limited) of steam, motor, and/or gas
turbine-propelled vessels is 5 years of total service in the

[[Page 209]]

engineroom of vessels. Two years of this service must have been as an
engineer officer while holding an engineer officer endorsement. Thirty
months of the service must have been as a qualified member of the engine
department or equivalent position.
    (b) A person holding this endorsement may qualify for an STCW
endorsement, according to Sec. Sec. 11.325 and 11.331 of this part.



Sec. 11.522  Service requirements for national endorsement as assistant
engineer (limited) of steam, motor, and/or gas turbine-propelled

vessels.

    (a) The minimum service required to qualify an applicant for
endorsement as assistant engineer (limited) of steam, motor, and/or gas
turbine-propelled vessels is 3 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 position.
    (b) A person holding this endorsement may qualify for an STCW
endorsement, according to Sec. Sec. 11.327, 11.329, and 11.333 of this
part.



Sec. 11.524  Service requirements for national endorsement as designated
duty engineer (DDE) of steam, motor, and/or gas turbine-propelled

vessels.

    (a) DDE endorsements are issued in three levels of propulsion power
limitations dependent upon the total service of the applicant and
completion of an appropriate examination. These endorsements are limited
to vessels of less than 500 GRT on certain waters as specified in Sec.
11.501 of this subpart.
    (b) The service requirements for endorsements as DDE are--
    (1) For designated duty engineer of steam, motor, and/or gas
turbine-propelled vessels of unlimited propulsion power, the applicant
must have 3 years of service in the engineroom. Eighteen months of this
service must have been as a qualified member of the engine department or
equivalent position;
    (2) For designated duty engineer of steam, motor, and/or gas
turbine-propelled vessels of less than 4,000 HP/3,000 kW, the applicant
must have 2 years of service in the engineroom. One year of this service
must have been as a qualified member of the engine department or
equivalent position; and
    (3) For designated duty engineer of steam, motor, and/or gas
turbine-propelled vessels of less than 1,000 HP/750 kW, the applicant
must have 1 year of service in the engineroom. Six months of this
service must have been as a qualified member of the engine department or
equivalent position.
    (c) A person holding this endorsement may qualify for an STCW
endorsement, according to Sec. Sec. 11.325, 11.327, 11.329, and 11.331
of this part.



Sec. 11.530  Endorsements as engineers of uninspected fishing industry
vessels.

    (a) This section applies to endorsements for chief and assistant
engineers of all vessels, however propelled, 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 GRT.
    (b) Endorsements as chief engineer and assistant engineer of
uninspected fishing industry vessels are issued for ocean waters and
with propulsion power limitations in accordance with the provisions of
Sec. 11.503 of this subpart.
    (c) For an endorsement as chief engineer, the applicant must have
served 4 years in the engineroom of vessels. One year of this service
must have been as an assistant engineer officer or equivalent position.
    (d) For an endorsement as assistant engineer, an applicant must have
served 3 years in the engine room of vessels.
    (e) Two-thirds of the service required under this section must have
been on motor vessels.
    (f) Applicants may request an orally assisted examination on the
subjects listed in subpart I of this part.



Sec. 11.540  Endorsements as engineers of mobile offshore drilling units
(MODUs).

    Endorsements as chief engineer (MODU) or assistant engineer (MODU)
authorize service on certain self-propelled or non-self-propelled units
of unlimited propulsion power where authorized by the vessel's
certificate of inspection.

[[Page 210]]



Sec. 11.542  Endorsement as chief engineer (MODU).

    (a) To qualify for an endorsement as chief engineer (MODU) an
applicant must--
    (1) Present evidence of one of the following:
    (i) Six years of employment assigned to MODUs, including 3 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.
    (ii) 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
    (2) Present evidence of completion of a firefighting training course
as required by Sec. 11.201(h) of this part.
    (b) If an applicant successfully completes an examination and
possesses the total required sea service for an endorsement as chief
engineer (MODU), but does not possess the required sea service onboard
self-propelled or propulsion assisted units, the Coast Guard may issue
the applicant an endorsement limited to non-self-propelled units. The
Coast Guard may remove the limitation upon presentation of satisfactory
evidence of the required self-propelled sea service and completion of
any additional required examination.
    (c) A person holding this endorsement may qualify for an STCW
endorsement, according to Sec. Sec. 11.325, 11.327, and 11.331 of this
part.



Sec. 11.544  Endorsement as assistant engineer (MODU).

    (a) To qualify for an endorsement as assistant engineer (MODU) an
applicant must--
    (1) Present evidence of one of the following experience:
    (i) 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 unit.
    (ii) Three years of employment in the machinist trade engaged in the
construction or repair of diesel engines and 1 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.
    (iii) A degree from a program in marine, mechanical, or electrical
engineering technology that is accredited by the Accreditation Board for
Engineering and Technology (ABET). The 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 6 months of employment in any of
the capacities listed in paragraph (a)(1)(i) of this section aboard
self-propelled or propulsion-assisted units; and
    (2) Present evidence of completion of a firefighting training course
as required by Sec. 11.201(h) of this part.
    (b) If an applicant successfully completes an examination and
possesses the total required sea service for an endorsement as an
assistant engineer (MODU), but does not possess the required sea service
onboard self-propelled or propulsion assisted units, the Coast Guard may
issue the applicant an endorsement limited to non-self-propelled units.
The Coast Guard may remove the limitation upon presentation of the
satisfactory evidence of the required self-propelled sea service and
completion of any additional required examination.
    (c) A person holding this endorsement may qualify for an STCW
endorsement, according to Sec. Sec. 11.329 and 11.333 of this part.



Sec. 11.551  Endorsements for service on offshore supply vessels.

    Each endorsement 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 MMC.

[[Page 211]]



Sec. 11.553  Chief engineer (OSV).

    (a) The minimum service required to qualify an applicant for an
endorsement as chief engineer (OSV) is 4 years of total service in the
engineroom of vessels. One year of this service must have been as an
engineer officer while holding an engineer officer endorsement. Two
years of the service must have been as a qualified member of the engine
department or equivalent position.
    (b) If an applicant has not obtained at least 50 percent of the
required experience on vessels of 4,000 HP/3,000 kW or more, a
propulsion power limitation is placed on the MMC based on the
applicant's qualifying experience. The endorsement is limited to the
maximum propulsion power on which at least 25 percent of the required
experience was obtained, or 150 percent of the maximum propulsion power
on which at least 50 percent of the service was obtained, whichever is
higher. Limitations are in multiples of 1,000 HP/750 kW, using the next
higher figure when an intermediate propulsion power is calculated. When
the limitation as calculated equals or exceeds 10,000 HP/7,500 kW, an
unlimited propulsion power endorsement is issued.
    (c) A person holding an endorsement as chief engineer (OSV) may
qualify for an STCW endorsement, according to Sec. Sec. 11.325, 11.327,
and 11.331 of this part.
    (d) The Coast Guard may exempt an applicant from meeting any
requirement under STCW Regulation III/2 (incorporated by reference, see
Sec. 11.102 of this part) that the Coast Guard 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.



Sec. 11.555  Assistant engineer (OSV).

    (a) The minimum service required to qualify an applicant for an
endorsement as assistant engineer (OSV) of unlimited propulsion power
is--
    (1) Three years of service in the engineroom. Eighteen months of
this service must have been as a qualified member of the engine
department (QMED) or equivalent position; or
    (2) One year of total service as part of an approved or accepted
assistant engineer (OSV) training program.
    (b) The minimum service required to qualify an applicant for an
endorsement as assistant engineer (OSV) of less than 4,000 HP/3,000 kW,
is 2 years of service in the engineroom. One year of this service must
have been as a QMED or equivalent position.
    (c) The minimum service required to qualify an applicant for an
endorsement as assistant engineer (OSV) of less than 1,000 HP/750 kW is
1 year of service in the engineroom. Six months of this service must
have been as a QMED or equivalent position.
    (d) A person holding an endorsement as assistant engineer (OSV) may
qualify for an STCW endorsement, according to Sec. Sec. 11.329 and
11.333 of this part.
    (e) The Coast Guard may exempt an applicant from meeting any
requirement under STCW Regulation III/1 (incorporated by reference, see
Sec. 11.102 of this part) that the Coast Guard 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.

[USCG-2004-17914, 78 FR 77909, Dec. 24, 2013, as amended by USCG-2014-
0688, 79 FR 58277, Sept. 29, 2014]



                Subpart F_Credentialing of Radio Officers



Sec. 11.601  Applicability.

    This subpart provides for endorsement as radio officers for
employment on vessels, and for the issue of STCW 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 (incorporated by reference, see Sec. 11.102 of this
part).



Sec. 11.603  Requirements for radio officers' endorsements.

    Each applicant for an original endorsement or renewal of license
must present a current first or second class radiotelegraph operator
license issued by the Federal Communications Commission. The applicant
must enter on the endorsement application form the number, class, and
date of issuance of his or her Federal Communications Commission
license.

[[Page 212]]



Sec. 11.604  Requirements for an STCW endorsement for Global Maritime
Distress and Safety System (GMDSS) radio operators.

    Each applicant for an original endorsement must present a
certificate of completion from a Coast Guard-approved course for
operator of radio in the GMDSS meeting the requirements of Section A-IV/
2 of the STCW Code (incorporated by reference, see Sec. 11.102 of this
part).



             Subpart G_Professional Requirements for Pilots



Sec. 11.701  Scope of pilot endorsements.

    (a) An applicant for an endorsement as first-class pilot need not
hold any other officer endorsement issued under this part.
    (b) The issuance of an endorsement as first-class pilot to an
individual qualifies that individual to serve as pilot over the routes
specified on the endorsement, subject to any limitations imposed under
paragraph (c) of this section.
    (c) The OCMI issuing an 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 or MMC endorsement 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 1,600 GRT or less.



Sec. 11.703  Service requirements.

    (a) The minimum service required to qualify an applicant for an
endorsement as first-class pilot 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 of service in
the deck department of self-propelled vessels navigating on oceans,
coastwise, and Great Lakes, or bays, sounds, and lakes other than the
Great Lakes, as follows:
    (i) Eighteen months of the 36 months of service must be performing
bridge watchkeeping duties under the supervision of the master or a
qualified officer.
    (ii) At least 12 months of the 18 months of 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 of
service in the deck department of any vessel including at least 12
months of service on vessels operating on the waters of rivers while the
applicant is performing bridge watchkeeping duties under the supervision
of the master or a qualified officer.
    (3) Canal and small lakes routes. The applicant must have at least
24 months of service in the deck department of any vessel including at
least 8 months of 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 an endorsement as
first-class pilot on the Great Lakes.
    (c) Completion of an approved or accepted pilot training course may
be substituted for a portion of the service requirements of this section
in accordance with Sec. 10.404 of this subchapter. Additionally,
roundtrips made during this training may apply toward the route
familiarization requirements of Sec. 11.705 of this subpart. An
individual using substituted service must have at least 9 months of
shipboard service.
    (d) An individual holding a license or MMC endorsement as master or
mate of inspected self-propelled vessels of more than 1,600 GRT meets
the service requirements of this section for an endorsement as first-
class pilot.



Sec. 11.705  Route familiarization requirements.

    (a) The Officer in Charge, Marine Inspection (OCMI) has jurisdiction
and determines within the range limitations specified in this section,
the number of roundtrips 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.

[[Page 213]]

    (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.
    (6) Any other factors unique to the route that the OCMI deems
appropriate.
    (b) An applicant holding no other deck officer endorsement seeking
an endorsement as first-class pilot must furnish evidence of having
completed a minimum number of roundtrips, 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 roundtrips while serving as an
observer, properly certified by the master and/or pilot of the vessel,
is also acceptable. The range of roundtrips for an endorsement is a
minimum of 12 roundtrips and a maximum of 20 roundtrips. An applicant
may have additional routes added to the first-class pilot endorsement by
meeting the requirements in paragraph (c) of this section.
    (c) An applicant who currently holds a deck officer license or MMC
endorsement seeking an endorsement as first-class pilot for a particular
route must furnish evidence of having completed the number of roundtrips
over the route, specified by the OCMI, within the range limitations of
this paragraph, for the particular grade of existing license or MMC
endorsement held. The range of roundtrips for an endorsement is a
minimum of eight roundtrips and a maximum of 15 roundtrips.
    (d) Unless determined impracticable by the OCMI, 25 percent of the
roundtrips required by the OCMI under this section must be made during
the hours of darkness.
    (e) One of the roundtrips required by the OCMI under this section
must be made over the route within the 6 months immediately preceding
the date of application.

[USCG-2004-17914, 78 FR 77909, Dec. 24, 2013, as amended by USCG-2004-
17914, 79 FR 55657, Sept. 17, 2014]



Sec. 11.707  Examination requirements.

    (a) An applicant for an endorsement as first-class pilot, except as
noted in paragraph (b) of this section, is required to pass the
examination described in subpart I of this part.
    (b) An applicant for an extension of route, or an applicant holding
a license or MMC endorsement as master or mate authorized to serve on
vessels of more than 1,600 GRT 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. 11.709  Annual physical examination requirements.

    (a) This section applies only to an individual who pilots a vessel
of 1,600 GRT or more.
    (b) Every person holding a license or MMC endorsement as first-class
pilot must have a thorough physical examination each year, to be
completed by the first day of the month following the anniversary of the
individual's most recently completed Coast Guard-required physical
examination. Every other year, in accordance with the medical
certificate requirements in Sec. 10.301(b) of this subchapter, the
results of the physical examination must be recorded on a CG-719K form
and submitted to the Coast Guard no later than 30 calendar days after
completion of the physical examination.
    (c) Each annual physical examination must meet the requirements
specified in 46 CFR, part 10, subpart C and be recorded on a CG-719-K.
    (d) An individual's first-class pilot endorsement becomes invalid on
the first day of the month following the anniversary of the individual's
most recently completed Coast Guard-required physical examination, if
the person does not meet the physical examination requirement as
provided in paragraph (b) of this section. The individual may not
operate under the authority of that endorsement until a physical
examination has been satisfactorily completed.



Sec. 11.711  Tonnage requirements.

    (a) In order to obtain a first-class pilot endorsement authorizing
service

[[Page 214]]

on vessels of unlimited tonnage over a particular route, the applicant
must have sufficient experience on vessels of more than 1,600 GRT.
    (b) For purposes of this section, an applicant is considered to have
sufficient experience if the applicant has 18 months of 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 GRT or
more, and two-thirds of the minimum number of roundtrips required for
the route have been on vessels of 1,600 GRT or more.
    (c) If an applicant does not have sufficient experience on vessels
of 1,600 GRT/3,000 GT or more, the endorsement will be for a limited
tonnage until the applicant completes a number of additional roundtrips,
as determined by the OCMI, within the range contained in Sec. 11.705(b)
or (c) of this subpart, as appropriate on vessels of 1,600 GRT/3,000 GT
or more.
    (d) For purposes of this section, for experience with respect to
tonnage on towing vessels, the combined gross tonnage of the towing
vessels and the vessels towed will be considered. However, the Coast
Guard may require that all or a portion of the required number of
roundtrips be obtained on self-propelled vessels of 1,600 GRT or more,
when the Coast Guard 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 endorsement that
is not restricted to tug and barge combinations.

[USCG-2004-17914, 78 FR 77909, Dec. 24, 2013, as amended by USCG-2004-
17914, 79 FR 55657, Sept. 17, 2014]



Sec. 11.713  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 MMC 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 other licenses or MMC
endorsements. Roundtrips made within the 90-day period preceding renewal
will be valid for the duration of the renewed license or MMC
endorsement.
    (b) For certain long or extended routes, the OCMI may, at his or her
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 that would
provide the pilot with current knowledge of the route. Persons using
this method of re-familiarization must certify, when applying for
renewal of their license or MMC 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
MMC endorsement.



 Subpart H_Registration of Staff Officers and Miscellaneous Endorsements



Sec. 11.801  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. 11.803  Staff departments.

    (a) Title 46 U.S.C. 8302 contains the requirements for staff
departments on U.S. flag vessels.
    (b) Title 46 U.S.C. 8302 does not apply to--
    (1) A fishing or whaling vessel or yacht;
    (2) A vessel operated only on bays, sounds, inland waters, and lakes
(other than the Great Lakes); and
    (3) A vessel ferrying passengers and cars on the Great Lakes.



Sec. 11.805  General requirements.

    (a) The applicant for an endorsement as staff officer is not
required to take any examination; however, the applicant must present to
the Coast Guard a

[[Page 215]]

letter justifying the need for the endorsement.
    (b) An applicant for a higher grade in the staff department must
apply in the same manner as for an original endorsement and must
surrender the previous Coast Guard-issued credentials upon issuance of
the new MMC. A staff officer may serve in a lower grade of service for
which he or she is registered.
    (c) Title 46 U.S.C. 8302 addresses uniforms for staff officers who
are members of the Naval Reserve.
    (d) A duplicate MMC may be issued by the Coast Guard. (See Sec.
10.229 of this subchapter.)
    (e) An MMC is valid for a term of 5 years from the date of issuance.
Procedures for renewing endorsements are found in Sec. 10.227 of this
subchapter.
    (f) Each applicant for an original or a higher grade of endorsement,
as described in paragraph (b) of this section, must 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 an MMC.



Sec. 11.807  Experience requirements for registry.

    (a) The applicant for a certificate of registry as staff officer
must 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 the 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.
    (7) Marine physician assistant. Successful completion of an
accredited course of instruction for a physician's assistant or nurse
practitioner program.
    (8) Hospital corpsman. A rating of at least hospital corpsman or
health services technician, first class in the U.S. Navy, U.S. Coast
Guard, U.S. Marine Corps, or an equivalent rating in the U.S. Army (not
less than Staff Sergeant, Medical Department, U.S.A.), or in the U.S.
Air Force (not less than Technical Sergeant, Medical Department,
U.S.A.F.), and a period of satisfactory service of at least 1 month in a
military hospital or U.S. Public Health Service Hospital.
    (b) Employment on shore in connection with a vessel's business may
be accepted instead of service aboard vessels. Related shore employment
is accepted in the ratio of 2 months of shore service to 1 month of
creditable service aboard vessels.
    (c) In computing the length of service required of an applicant for
an endorsement, service of one season on vessels on the Great Lakes is
counted as service of 1 year.
    (d) In the event an applicant for an endorsement, other than medical
doctor or professional nurse, presents evidence of other qualifications
that, in the opinion of the Coast Guard, is equivalent to the experience
requirements of this section and is consistent with the duties of a
staff officer, the Coast Guard may issue the MMC.



Sec. 11.821  High-speed craft type-rating.

    (a) This section is only applicable to those persons who will be
serving or have served upon those vessels built and operated in
accordance with the International Code of Safety for High Speed Craft
(HSC Code).
    (b) To qualify for a high-speed craft type-rating endorsement (TRE)
for operating vessels to which the HSC Code applies, an applicant must--
    (1) Hold a valid officer endorsement for vessels of commensurate
grade, tonnage, route, and/or horsepower; and
    (2) Present evidence of successful completion of a Coast Guard-
approved type rating training program.

[[Page 216]]

    (c) A separate TRE will be issued for each type and class of high
speed craft. The original route will be as specified in the approved
type rating program. Additional routes may be added to an existing TRE
by completing at least 12 roundtrips over each route under the
supervision of a type-rated master on the class of high speed craft the
TRE will be valid for. Six of the trips must be made during the hours of
darkness or a ``daylight only'' restriction will be imposed.
    (d) A TRE will be valid for 2 years. The expiration date of a TRE
will not be changed due to the addition of additional routes.
    (e) To renew a TRE, an applicant must provide evidence of--
    (1) At least 6 months of service in the appropriate position on the
type crafts to which the TRE applies during the preceding 2 years,
including at least 12 roundtrips over each route, together with evidence
of a completed revalidation assessment; or
    (2) Completion of an approved revalidation training program.

[USCG-2004-17914, 78 FR 77909, Dec. 24, 2013, as amended by USCG-2014-
0688, 79 FR 58277, Sept. 29, 2014]



                   Subpart I_Subjects of Examinations



Sec. 11.901  General provisions.

    (a) Where required by Sec. 11.903 of this subpart, each applicant
for an endorsement listed in that section must pass an examination on
the appropriate subjects listed in this subpart.
    (b) If the endorsement is to be limited in a manner that would
render any of the subject matter unnecessary or inappropriate, the
examination may be amended accordingly by the Coast Guard. Limitations
that may affect the examination content are as follows:
    (1) Restricted routes for reduced service officer endorsements
(master or mate of vessels of less than 200 GRT, OUPV, or master or mate
(pilot) of towing vessels).
    (2) Limitations to a certain class or classes of vessels.
    (c) Simulators used in assessments of competence required by subpart
C of this part must meet the appropriate performance standards set out
in Section A-I/12 of the STCW Code (incorporated by reference, see Sec.
11.102 of this part). However, simulators installed or brought into use
before February 1, 2002, need not meet these performance standards if
they fulfill the objective of the assessment of competence or
demonstration of proficiency.



Sec. 11.903  Officer endorsements requiring examinations.

    (a) The following officer endorsements require examinations for
issuance:
    (1) Chief mate of ocean or near-coastal self-propelled vessels of
unlimited tonnage (examined at the management level).
    (2) Third mate of ocean or near-coastal self-propelled vessels of
unlimited tonnage (examined at the operational level).
    (3) Master of ocean or near-coastal self-propelled vessels of less
than 1,600 GRT.
    (4) Mate of ocean or near-coastal self-propelled vessels of less
than 1,600 GRT.
    (5) Master of near-coastal vessels less than 200 GRT.
    (6) Mate of near-coastal vessels less than 200 GRT.
    (7) Master of near-coastal vessels less than 100 GRT.
    (8) Mate of near-coastal vessels less than 100 GRT.
    (9) Master of Great Lakes and inland vessels of unlimited tonnage.
    (10) Mate of Great Lakes and inland vessels of unlimited tonnage.
    (11) Master of inland vessels of unlimited tonnage.
    (12) Master of river vessels of unlimited tonnage.
    (13) Master of Great Lakes and inland/river vessels less than 500
GRT or less than 1,600 GRT.
    (14) Mate of Great Lakes and inland/river vessels less than 500 GRT
or less than 1,600 GRT.
    (15) Master of Great Lakes and inland/river vessels less than 200
GRT.
    (16) Mate of Great Lakes and inland/river vessels less than 200 GRT.
    (17) Master of Great Lakes and inland/river vessels less than 100
GRT.
    (18) First-class pilot.
    (19) Apprentice mate (steersman) of towing vessels.

[[Page 217]]

    (20) Apprentice mate (steersman) of towing vessels, limited.
    (21) Offshore Installation Manager.
    (22) Barge Supervisor.
    (23) Ballast Control Operator.
    (24) Operator of uninspected passenger vessels.
    (25) Master of uninspected fishing industry vessels.
    (26) Mate of uninspected fishing industry vessels.
    (27) Master (OSV).
    (28) Chief mate (OSV).
    (29) Mate (OSV).
    (30) First assistant engineer (limited or unlimited propulsion
power).
    (31) Third assistant engineer (limited or unlimited propulsion
power).
    (32) Chief engineer (limited) steam/motor vessels.
    (33) Assistant engineer (limited) steam/motor vessels.
    (34) Designated duty engineer steam/motor vessels.
    (35) Chief engineer (uninspected fishing industry vessels).
    (36) Assistant engineer (uninspected fishing industry vessels).
    (37) Chief engineer (MODU).
    (38) Assistant engineer (MODU).
    (39) Chief engineer (OSV).
    (40) Assistant engineer (OSV).
    (b) In paragraphs (a)(1) through (4), and (a)(6), (7), (15), and
(16) of this section, examinations will vary depending on route desired.
    (c) The following officer endorsements do not require examinations:
    (1) Master of oceans or near-coastal vessels of unlimited tonnage
when upgrading from MMC officer endorsements, or a license as chief mate
of oceans or near-coastal vessels of unlimited tonnage, provided the
applicant has already been examined at the management level.
    (2) Master of oceans or near-coastal vessels of unlimited tonnage
when adding an endorsement as offshore installation manager (OIM).
    (3) Master of oceans or near-coastal self-propelled vessels of less
than 200 GRT, when upgrading from mate of near-coastal self-propelled
vessels of less than 200 GRT. Master of oceans self-propelled vessels of
less than 200 GRT would, however, require an examination in celestial
navigation.
    (4) Second mate of oceans or near-coastal vessels when upgrading
from third mate of oceans or near-coastal vessels, provided the
applicant has already been examined at the operational level.
    (5) Master of Great Lakes and inland vessels, or river vessels of
less than 200 GRT when upgrading from mate of less than 200 GRT on the
same route.
    (6) Chief engineer unlimited, provided the applicant has already
been examined at the management level.
    (7) Chief engineer limited to service on steam, motor, or gas
turbine-propelled vessels of less than 10,000 HP/7,500 kW on near-
coastal routes, provided the applicant has already been examined at the
management level.
    (8) Chief engineer limited to service on steam, motor, and/or gas
turbine-propelled vessels of less than 4,000 HP/3,000 kW on near-coastal
routes, provided the applicant has already been examined at the
management level.
    (9) Second assistant engineer when upgrading from third assistant
engineer, provided the applicant has already been examined at the
operational level.

[USCG-2004-17914, 78 FR 77909, Dec. 24, 2013, as amended by USCG-2014-
0688, 79 FR 58277, Sept. 29, 2014]



Sec. 11.910  Subjects for deck officer endorsements.

    Table 1 to Sec. 11.910 gives the codes used in Table 2 to Sec.
11.910 for all deck officers. Table 2 to Sec. 11.910 indicates the
examination subjects for each endorsement, by code number. Figures in
the body of Table 2 to Sec. 11.910, in place of the letter ``x'', refer
to notes.

      Table 1 to Sec. 11.910--Codes for Deck Officer Endorsements
------------------------------------------------------------------------

-------------------------------------------------------------------------
                        Deck Officer Endorsements
 1. Master/chief mate, oceans/near-coastal, unlimited tonnage.
 2. Master, oceans/near-coastal, less than 500 GRT and less than 1,600
 GRT.
 3. Second mate/third mate, oceans/near-coastal, unlimited tonnage, and
 mate less than 500 GRT and less than 1600 GRT, oceans/near-coastal.

[[Page 218]]


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


[[Page 219]]

[GRAPHIC] [TIFF OMITTED] TR24DE13.005


[[Page 220]]

[GRAPHIC] [TIFF OMITTED] TR24DE13.006


[[Page 221]]

[GRAPHIC] [TIFF OMITTED] TR24DE13.007


[[Page 222]]

[GRAPHIC] [TIFF OMITTED] TR24DE13.008


[[Page 223]]

[GRAPHIC] [TIFF OMITTED] TR24DE13.009


[[Page 224]]

[GRAPHIC] [TIFF OMITTED] TR24DE13.010


[[Page 225]]

[GRAPHIC] [TIFF OMITTED] TR29SE14.003


[[Page 226]]

[GRAPHIC] [TIFF OMITTED] TR24DE13.012


[[Page 227]]

[GRAPHIC] [TIFF OMITTED] TR24DE13.013


[[Page 228]]


[USCG-2004-17914, 78 FR 77909, Dec. 24, 2013, as amended by USCG-2014-
0688, 79 FR 58277, Sept. 29, 2014]



Sec. 11.920  Subjects for MODU endorsements.

    Table 1 to Sec. 11.920 gives the codes used in Table 2 to Sec.
11.920 for MODU endorsements. Table 2 to Sec. 11.920 indicates the
examination subjects for each endorsement by the code number.

          Table 1 to Sec. 11.920--Codes for MODU Endorsements
------------------------------------------------------------------------

-------------------------------------------------------------------------
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 2 to Sec. 11.920--Subjects for MODU Licenses
----------------------------------------------------------------------------------------------------------------
                Examination topics                    1        2        3        4        5        6        7
----------------------------------------------------------------------------------------------------------------
Watchkeeping:
    COLREGS......................................       X        X   .......       X   .......       X
    ``Basic Principles for Navigational Watch''..       X        X        X        X        X        X
    MODU obstruction lights......................       X   .......       X   .......       X        X
Meteorology and oceanography:
    Synoptic chart weather forecasting...........       X        X        X        X        X        X
    Characteristics of weather systems...........       X        X        X        X        X        X        X
    Ocean current systems........................       X        X        X        X        X        X
    Tide and tidal current publications..........       X        X        X        X        X        X
Stability, ballasting, construction and damage
 control:
    Principles of ship construction, structural         X        X        X        X        X        X        X
     members.....................................
    Trim and stability...........................       X        X        X        X        X        X        X
    Damaged trim and stability countermeasures...       X        X        X        X   .......       X        X
    Stability and trim calculations..............       X        X        X        X   .......       X        X
    Load line requirements.......................       X        X        X        X        X        X        X
Operating manual:
    Rig characteristics and limitations..........       X        X        X        X        X        X        X
    Hydrostatics data............................       X        X        X        X   .......       X        X
    Tank tables..................................       X        X        X        X        X        X        X
    KG limitations...............................       X        X        X        X   .......       X        X
    Severe storm instructions....................       X        X        X        X        X        X        X
    Transit instructions.........................       X        X   .......       X   .......       X        X
    On-station instructions......................       X   .......       X   .......       X        X        X
    Unexpected list or trim......................       X        X        X        X   .......       X        X
    Ballasting procedures........................       X        X        X   .......  .......       X        X
    Operation of bilge system....................       X        X        X        X   .......       X        X
    Leg loading calculations.....................       X   .......  .......       X        X   .......
    Completion of variable load form.............       X        X        X        X        X        X        X
    Evaluation of variable load form.............       X        X        X        X        X        X        X
    Emergency procedures.........................       X        X        X        X        X        X        X
Maneuvering and handling:
    Anchoring and anchor handling................       X        X        X   .......  .......       X
    Heavy weather operations.....................       X        X        X        X        X        X        X
    Mooring, positioning.........................       X        X        X        X   .......       X        X
    Moving, positioning..........................       X        X   .......       X   .......       X
Fire prevention and firefighting appliances:
    Organization of fire drills..................       X        X        X        X        X        X        X
    Classes and chemistry of fire................       X        X        X        X        X        X        X
    Firefighting systems.........................       X        X        X        X        X        X        X
    Firefighting equipment and regulations.......       X        X        X        X        X        X        X
    Basic firefighting and prevention of fires...       X        X        X        X        X        X        X
Emergency procedures and contingency plans:
    Temporary repairs............................       X        X        X        X   .......       X
    Fire or explosion............................       X        X        X        X        X        X        X
    Abandon unit.................................       X        X        X        X        X        X        X
    Man overboard................................       X        X        X        X        X        X        X
    Heavy weather................................       X        X        X        X        X        X        X
    Collision....................................       X        X        X        X        X        X        X
    Failure of ballast control system............       X        X        X   .......  .......       X        X
    Mooring emergencies..........................       X   .......       X   .......  .......       X        X
    Blowouts.....................................       X   .......       X   .......       X        X        X
    H2S safety...................................       X   .......       X   .......       X        X        X
General Engineering_Power plants and auxiliary
 systems:
    Marine engineering terminology...............       X        X        X        X        X        X        X
    Engineering equipment, operations and               X        X        X        X        X        X
     failures....................................
    Offshore drilling operations.................  .......  .......  .......  .......  .......  .......       X
Deck seamanship_general:
    Transfer of personnel........................       X        X        X        X        X        X

[[Page 229]]


    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 inspections.........       X        X        X        X        X        X
Medical care:
    Knowledge and use of:
        First aid................................       X        X        X        X        X        X        X
        First response medical action............       X        X        X        X        X        X        X
Maritime law and regulation:
    National maritime law:
        Certification and documentation of              X        X        X        X        X   .......
         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
        Credentialing regulations................       X        X        X        X        X   .......
        Rules and regulations for MODUs..........       X        X        X        X        X        X
        International Maritime law:
        International Maritime Organization......       X        X        X        X        X   .......
    International Convention on Load Lines.......       X        X        X        X   .......  .......       X
    MARPOL 73/78.................................       X        X        X        X        X   .......
Personnel Management and Training:
    Ship's business including:
        Required logs and recordkeeping..........       X        X        X        X        X        X
        Casualty reports and records.............       X        X        X        X        X   .......
Communications:
    Radio communications and FCC permit..........       X        X        X        X        X        X
    Radiotelephone procedures....................       X        X        X        X        X        X
    Lifesaving/Survival:.........................  .......  .......  .......  .......  .......  .......
    Lifesaving appliance operation (launching,          X        X        X        X        X        X        X
     boat handling)..............................
    Procedures/rules for lifeboats, survival            X        X        X        X        X        X        X
     suits, personal flotation devices (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
----------------------------------------------------------------------------------------------------------------



Sec. 11.950  Examination subjects for engineer officer endorsements.

    Table 1 to Sec. 11.950 gives the codes used in Table 2 to Sec.
11.950 for engineer officer endorsements. Table 2 to Sec. 11.950
indicates the examination subjects for each endorsement by the code
number.

    Table 1 to Sec. 11.950--Codes for Engineer Officer Endorsements
------------------------------------------------------------------------

-------------------------------------------------------------------------
1. First assistant engineer (unlimited).
2. Third assistant engineer (unlimited).
3. Chief engineer (limited).
4. Assistant engineer (limited).
5. Designated duty engineer (unlimited).
6. Designated duty engineer (4,000 HP).
7. Designated duty engineer (1,000 HP).
8. Chief engineer (uninspected fishing industry vessels).
9. Assistant engineer (uninspected fishing industry vessels).
10. Chief engineer (MODU).
11. Assistant engineer (MODU).
12. Chief engineer (OSV unlimited).
13. Assistant engineer (OSV unlimited).
14. Chief engineer (OSV 4,000 HP).
15. Assistant engineer (OSV 4,000 HP).
------------------------------------------------------------------------


[[Page 230]]

[GRAPHIC] [TIFF OMITTED] TR24DE13.014


[[Page 231]]

[GRAPHIC] [TIFF OMITTED] TR24DE13.015


[[Page 232]]

[GRAPHIC] [TIFF OMITTED] TR24DE13.016


[[Page 233]]

[GRAPHIC] [TIFF OMITTED] TR24DE13.017


[[Page 234]]

[GRAPHIC] [TIFF OMITTED] TR24DE13.018


[[Page 235]]

[GRAPHIC] [TIFF OMITTED] TR24DE13.019


[[Page 236]]

[GRAPHIC] [TIFF OMITTED] TR24DE13.020


[[Page 237]]

[GRAPHIC] [TIFF OMITTED] TR24DE13.021


[[Page 238]]

[GRAPHIC] [TIFF OMITTED] TR24DE13.022


[[Page 239]]

[GRAPHIC] [TIFF OMITTED] TR24DE13.023


[[Page 240]]

[GRAPHIC] [TIFF OMITTED] TR24DE13.024


[[Page 241]]

[GRAPHIC] [TIFF OMITTED] TR24DE13.025


[[Page 242]]



        Subpart J_Recognition of Other Parties' STCW Certificates



Sec. 11.1001  Purpose of rules.

    (a) The rules in this subpart implement Regulation I/10 of the
International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, 1978 as amended (STCW) (incorporated by
reference, see Sec. 11.102 of this part) by establishing requirements
and procedures for the recognition and endorsement of officer
certificates of competence issued by other Parties to STCW.
    (b) Specific regulations on the use of non-U.S. credentialed
officers and mariners with officer endorsements (except those of master)
are found in Sec. 15.720 of this subchapter.



Sec. 11.1003  General requirements.

    (a) The Coast Guard recognizes certificates only from countries that
the United States has assured itself comply with requirements of the
STCW Convention and STCW Code (incorporated by reference, see Sec.
11.102 of this part).
    (b) The Coast Guard will publish a list of countries whose
certificates it will recognize.
    (c) The Coast Guard will issue a ``Certificate attesting
recognition'' to an applicant after ensuring the validity and
authenticity of the credential (certificate of competency) issued by his
or her country of origin.
    (d) No application from a non-US citizen for a ``Certificate
attesting recognition'' issued pursuant to this subpart will be accepted
unless the applicant's employer satisfies the requirements of Sec.
11.1005 of this subpart.



Sec. 11.1005  Employer application requirements.

    (a) The employer must submit the following to the Coast Guard, as a
part of the applicant's application for a ``Certificate attesting
recognition,'' 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; and
    (iii) All information derived from the employer-conducted background
check.
    (b) If a ``Certificate attesting recognition'' is issued to the
applicant, the employer must maintain a detailed record of the seaman's
total service on all authorized U.S. flag vessels, and must make that
information available to the Coast Guard upon request.
    (c) 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 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.
    (d) The employer must also submit to the Coast Guard the applicant's
copy of the following:
    (1) Base credential (certificate of competency), as well as any
other documentary evidence of proficiency (such as Basic Training in
accordance with Sec. 11.302 of this part, Basic/Advanced Firefighting
in accordance with Sec. 11.303 of this part, Survival Craft, etc.) to
verify that the applicant meets the manning requirements. The
documentation must include any necessary official translation into the
English language.
    (2) Valid medical certificate.
    (3) Valid identification document, such as a passport or Seaman's
Identity Document (SID).
    (e) The employer is subject to the civil penalty provisions
specified in 46 U.S.C. 8103(f) for any violation of this section.



Sec. 11.1007  Basis for denial.

    An applicant for a ``Certificate attesting recognition'' of an
officer certificate issued by another party must--

[[Page 243]]

    (a) Have no record of material disciplinary actions during
employment on any U.S. flag vessel of the employer, as verified in
writing by the owner or managing operator of the U.S. flag vessels on
which the applicant will be employed; and
    (b) Have successfully completed an employer-conducted background
check, to the satisfaction of both the employer and the Coast Guard.



Sec. 11.1009  Restrictions.

    (a) A ``Certificate attesting recognition'' of an STCW certificate
issued by another party to a non-resident alien under this subpart
authorizes service only on vessels owned and/or operated in accordance
with Sec. 15.720 of this subchapter.
    (b) The certificate will be issued for service only in the
department for which the application was submitted.
    (c) No other certificate is authorized, unless all applicable
requirements of this subpart and the STCW Convention (incorporated by
reference, see Sec. 11.102 of this part) are met, and the employer
makes subsequent application for a new endorsement.
    (d) This certificate is not valid for service on U.S. vessels
operating in U.S. waters.



 Subpart K_Officers on a Passenger Ship When on an International Voyage



Sec. 11.1101  Purpose of rules.

    The rules in this subpart establish requirements for officers
serving on passenger ships as defined in Sec. 11.1103 of this subpart.



Sec. 11.1103  Definitions.

    Passenger ship in this subpart means a ship carrying more than 12
passengers when on an international voyage.



Sec. 11.1105  General requirements for officer endorsements.

    (a) To serve on a passenger vessel on international voyages,
masters, deck officers, chief engineers and engineer officers, must--
    (1) Meet the appropriate requirements of the STCW Regulation V/2 and
of section A-V/2 of the STCW Code (incorporated by reference, see Sec.
11.102 of this part) as follows:
    (i) Masters, officers, and other personnel designated on the muster
list to assist passengers in emergency situation onboard passenger ships
must have completed training in crowd management specified in section A-
V/2 of the STCW Code.
    (ii) Personnel providing direct service to passengers in passenger
spaces onboard passenger ships must have completed the safety training
specified in section A-V/2 of the STCW Code.
    (iii) Masters, chief engineer officers, chief mates, second engineer
officers, and any person designated on muster lists of having
responsibility for the safety of passengers in emergency situations
onboard passenger ships must have completed approved training in crisis
management and human behavior as specified in section A-V/2 of the STCW
Code.
    (iv) Masters, chief engineer officers, chief mates, second engineer
officers, and every person assigned immediate responsibility for
embarking and disembarking passengers, loading, discharging or securing
cargo, or closing hull openings onboard Ro-Ro passenger ships must have
completed approved training in passenger safety, cargo safety, and hull
integrity as specified in section A-V/2 of the STCW Code; and
    (2) Hold documentary evidence as proof of meeting these requirements
through approved or accepted training.
    (b) Seafarers who are required to be trained in accordance with
paragraph (a) of this section must provide, at intervals not exceeding 5
years, evidence of maintaining the standard of competence.
    (c) The Coast Guard will accept onboard training and experience,
through evidence of 1 year of sea service within the last 5 years, as
meeting the requirements of paragraph (b) of this section.
    (d) Personnel serving onboard small passenger vessels engaged in
domestic, near-coastal voyages, as defined in Sec. 11.301(h) of this
subchapter, are not subject to any obligation for the purpose of this
STCW requirement.

[[Page 244]]



PART 12_REQUIREMENTS FOR RATING ENDORSEMENTS--Table of Contents



                            Subpart A_General

Sec.
12.101 Purpose.
12.103 Incorporation by reference.
12.105 Paperwork approval.

         Subpart B_General Requirements for Rating Endorsements

12.201 General requirements for national and STCW rating endorsements.
12.203 Creditable service and equivalents for national and STCW ratings
          endorsements.
12.205 Examination procedures and denial of rating and STCW
          endorsements.

Subpart C [Reserved]

      Subpart D_Requirements for National Deck Rating Endorsements

12.401 General requirements for able seaman (A/B) endorsements.
12.403 Service or training requirements for able seaman (A/B)
          endorsements.
12.405 Examination and demonstration of ability for able seaman (A/B)
          endorsements.
12.407 General requirements for lifeboatman endorsements.
12.409 General requirements for lifeboatman-limited endorsements.

    Subpart E_Requirements for National Engineer Rating Endorsements

12.501 General requirements for a qualified member of the engine
          department (QMED).
12.503 Service or training requirements.
12.505 Examination requirements.

           Subpart F_Requirements for STCW Rating Endorsements

12.601 General requirements for STCW rating endorsements.
12.602 Basic training.
12.603 Requirements to qualify for an STCW endorsement as able seafarer-
          deck.
12.605 Requirements to qualify for an STCW endorsement as ratings
          forming part of a navigational watch (RFPNW).
12.607 Requirements to qualify for an STCW endorsement as rating as able
          seafarer-engine.
12.609 Requirements to qualify for an STCW endorsement as rating forming
          part of an engineering watch (RFPEW).
12.611 Requirements to qualify for an STCW endorsement as electro-
          technical rating (ETR) on vessels powered by main propulsion
          machinery of 750 kW/1,000 HP or more.
12.613 Requirements to qualify for an STCW endorsement in proficiency in
          survival craft and rescue boats other than fast rescue boats
          (PSC).
12.615 Requirements to qualify for an STCW endorsement in proficiency in
          survival craft and rescue boats other than lifeboats and fast
          rescue boats-limited (PSC-limited).
12.617 Requirements to qualify for an STCW endorsement in proficiency in
          fast rescue boats.
12.619 Requirements to qualify for an STCW endorsement as medical first-
          aid provider.
12.621 Requirements to qualify for an STCW endorsement as person in
          charge of medical care.
12.623 Requirements to qualify for an STCW endorsement as Global
          Maritime Distress and Safety System (GMDSS) at-sea maintainer.
12.625 Requirements to qualify for an STCW endorsement as vessel
          personnel with designated security duties.
12.627 Requirements to qualify for an STCW endorsement for security
          awareness.

    Subpart G_Entry-Level National Ratings and Miscellaneous Ratings

12.701 Credentials required for entry-level and miscellaneous ratings.
12.703 General requirements for entry-level ratings.
12.705 Endorsements for persons enrolled in a Maritime Administration
          approved training program.
12.707 Student observers.
12.709 Apprentice engineers.
12.711 Apprentice mate.

Subpart H_Non-Resident Alien Members of the Steward's Department on U.S.
                      Flag Large Passenger Vessels

12.801 Purpose.
12.803 General requirements.
12.805 Employer requirements.
12.807 Basis for denial.
12.809 Citizenship and identity.
12.811 Restrictions.
12.813 Alternative means of compliance.

  Subpart I_Crewmembers on a Passenger Ship on an International Voyage

12.901 Purpose.
12.903 Definitions.
12.905 General requirements.

    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.

[[Page 245]]


    Source: USCG-2004-17914, 78 FR 77975, Dec. 24, 2013, unless
otherwise noted.



                            Subpart A_General



Sec. 12.101  Purpose.

    (a) The purpose of this part is to provide--
    (1) A comprehensive and adequate means of determining and verifying
the professional qualifications an applicant must possess to be eligible
for certification to serve on merchant vessels of the United States; and
    (2) A means of determining that an applicant is qualified to receive
the endorsement required by the International Convention on Standards of
Training, Certification and Watchkeeping for Seafarers, 1978, as amended
(the STCW Convention, or STCW).
    (b) The requirements applicable to approved and accepted training,
training for a particular rating endorsement, and training and
assessment associated with meeting the standards of competence
established by the STCW Convention have been moved to 46 CFR part 10,
subpart D.



Sec. 12.103  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 this section, the Coast Guard must publish a 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 Coast
Guard, Office of Operating and Environmental Standards (CG-OES), 2100
Second Street SW., Stop 7126, Washington, DC 20593-7126, and is
available from the sources listed below. It is also available for
inspection 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) International Maritime Organization (IMO), 4 Albert Embankment,
London SE1 7SR, England:
    (1) The Seafarers' Training, Certification and Watchkeeping Code, as
amended, 2011 (the STCW Code), incorporation by reference approved for
Sec. Sec. 12.601, 12.602, 12.603, 12.605, 12.607, 12.609, 12.611,
12.613, 12.615, 12.617, 12.619, 12.621, 12.623, 12.811, and 12.905.
    (2) [Reserved]



Sec. 12.105  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 recordkeeping requirements in this part.
    (b) The following control numbers have been assigned to the sections
indicated:
    (1) OMB 1625-0079--46 CFR 12.217 and 12.301.
    (2) [Reserved]



         Subpart B_General Requirements for Rating Endorsements



Sec. 12.201  General requirements for national and STCW rating
endorsements.

    (a) General. (1) An MMC issued to a deck or engineer officer will be
endorsed for all entry-level ratings and any other ratings for which
they qualify under this part. An applicant for any STCW endorsement must
hold the appropriate national endorsement, unless otherwise specified.
    (2) The authorized holder of any valid rating endorsement may serve
in any capacity in the staff department of a vessel, except in those
capacities requiring a staff officer; except that whenever the service
includes the handling of food, no person may be so employed unless his
or her credential bears the food handler's endorsement indicated by the
notation ``(F.H.)''.
    (3) When an applicant meets the requirements for certification set
forth in this part, the Coast Guard will issue the appropriate
endorsement.
    (b) Physical and medical requirements. The physical and medical
requirements applicable to the endorsements in this subpart are found in
46 CFR part 10, subpart C.

[[Page 246]]



Sec. 12.203  Creditable service and equivalents for national and STCW
ratings endorsements.

    Applicants for endorsements should refer to Sec. 10.232 of this
subchapter for information regarding requirements for documentation and
proof of sea service.



Sec. 12.205  Examination procedures and denial of rating and STCW
endorsements.

    (a) The examination fee set out in Table 1 to Sec. 10.219(a) of
this subchapter must be paid before the applicant may take the first
section of the examination.
    (b) Upon receipt of an application for a rating endorsement, the
Coast Guard will give any required examination as soon as practicable
after determining that the applicant is otherwise qualified for the
endorsement.
    (c) An applicant for a rating endorsement who has been duly examined
and failed the examination may seek reexamination at any time after the
initial examination. However, an applicant who fails an examination for
the third time must wait 90 days before re-testing. All examinations and
retests must be completed within 1 year of approval for examination.
    (d) Upon receipt of an application for an STCW endorsement, the
Coast Guard will evaluate the applicant's qualifications. The Coast
Guard will issue the appropriate endorsement after determining that the
applicant satisfactorily meets all requirements for any requested STCW
rating or qualification.

Subpart C [Reserved]



      Subpart D_Requirements for National Deck Rating Endorsements



Sec. 12.401  General requirements for able seaman (A/B) endorsements.

    (a) General. An A/B is any person below officer and above ordinary
seaman who holds a merchant mariner credential (MMC) or merchant mariner
document (MMD) endorsed as A/B by the Coast Guard.
    (b) Categories. The following categories of able seaman endorsements
are established:
    (1) Able seaman--unlimited.
    (2) Able seaman--limited.
    (3) Able seaman--special.
    (4) Able seaman--offshore supply vessels.
    (5) Able seaman-sail.
    (6) Able seaman-fishing industry.
    (c) Requirements for certification. To qualify for an endorsement as
able seaman, an applicant must--
    (1) Be at least 18 years of age;
    (2) Pass the prescribed physical and medical examination
requirements specified in 46 CFR, part 10, subpart C;
    (3) Present evidence of having passed a chemical test for dangerous
drugs or of qualifying for an exemption from testing as described in
Sec. 16.220 of this subchapter;
    (4) Meet the sea service or training requirements set forth in this
part;
    (5) Pass an examination for able seaman;
    (6) Qualify for an endorsement as lifeboatman or lifeboatman-
limited; and
    (7) Speak and understand the English language as would be required
in performing the general duties of able seaman and during an emergency
aboard ship.
    (d) Additional requirements. (1) The holder of an MMC or MMD
endorsed for the rating of A/B may serve in any rating in the deck
department without obtaining an additional endorsement, provided--
    (i) That the holder possesses the appropriate A/B endorsement for
the service of the vessel; and
    (ii) That the holder possesses the appropriate STCW endorsement when
serving as an able seafarer-deck or Ratings forming part of the
navigational watch on a seagoing ship.
    (2) After March 24, 2014, any MMC endorsed as A/B will also be
endorsed as lifeboatman or lifeboatman-limited, as appropriate.
    (3) The A/B endorsement will clearly describe the type of rating
that it represents (see paragraph (a) of this section).

[[Page 247]]



Sec. 12.403  Service or training requirements for able seaman (A/B)
endorsements.

    (a) The minimum service required to qualify for the various
categories of endorsement as able seaman is as follows:
    (1) Able seaman--unlimited. Three years of service on deck on
vessels operating on oceans or on the Great Lakes.
    (2) Able seaman--limited. Eighteen months of service on deck on
vessels of 100 GRT or more 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 of service on deck on
vessels operating on oceans or the navigable waters of the United
States, including the Great Lakes.
    (4) Able seaman--offshore supply vessels. Six months of service on
deck on vessels operating on oceans or on the navigable waters of the
United States, including the Great Lakes.
    (5) Able seaman--sail. Six months of service on deck on sailing
school vessels, oceanographic research vessels powered primarily by
sail, or equivalent sailing vessels operating on oceans or on the
navigable waters of the United States, including the Great Lakes.
    (6) Able seaman--fishing industry. Six months of service on deck,
not as a processor, onboard vessels operating on oceans or on the
navigable waters of the United States, including the Great Lakes.
    (b) Approved training programs may be substituted for the required
periods of service on deck as follows:
    (1) A graduate of a school ship may be qualified for a rating
endorsement as A/B, without further service, upon satisfactory
completion of the program of instruction. For this purpose, ``school
ship'' is interpreted to mean an institution that offers a complete
approved program of instruction, including a period of at-sea training,
in the skills appropriate to the rating of A/B.
    (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 Coast Guard will determine the service/training ratio for each
program and may allow a maximum of 3 days of deck service credit for
each day of instruction.



Sec. 12.405  Examination and demonstration of ability for able seaman
(A/B) endorsements.

    (a) Before an applicant is issued an endorsement as an A/B, he or
she must prove, to the satisfaction of the Coast Guard, by oral or other
means of examination, or by actual demonstration in a Coast Guard-
approved course, his or her knowledge of seamanship and the ability to
carry out effectively all the duties that may be required of an A/B,
including those of a lifeboatman or lifeboatman-limited.
    (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) The applicant's knowledge of nautical terms, use of the compass
for navigation, running lights, passing signals, and fog signals for
vessels on the high seas, inland waters, or Great Lakes, and distress
signals; and
    (2) The applicant's knowledge of commands in handling the wheel by
obeying orders passed to him or her as helmsman, and knowledge of the
use of the engine room telegraph.
    (c) The applicant must provide evidence, to the satisfaction of the
Coast Guard, of the knowledge of principal knots, bends, splices, and
hitches in common use by actually making them.
    (d) The applicant must demonstrate, to the satisfaction of the Coast
Guard, 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.



Sec. 12.407  General requirements for lifeboatman endorsements.

    (a) General. Every person fulfilling the manning requirements as
lifeboatman on any United States vessel must hold an endorsement as
lifeboatman. No endorsement 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.

[[Page 248]]

    (b) Requirements for certification. (1) To qualify for an
endorsement as lifeboatman, an applicant must--
    (i) Be at least 18 years of age;
    (ii) Pass the prescribed physical and medical examination
requirements specified in 46 CFR, part 10, subpart C; and
    (iii) Present evidence of having passed a chemical test for
dangerous drugs or as having qualified for an exemption for testing
described in Sec. 16.220 of this subchapter.
    (2) To be eligible for an endorsement as lifeboatman, an applicant
must meet one of the following sea service requirements:
    (i) At least 6 months of sea service in any department of vessels
and the successful completion of an approved course.
    (ii) At least 12 months of sea service in any department of vessels
on ocean, coastwise, inland, and Great Lakes routes.
    (3) Before an applicant is issued an endorsement as a lifeboatman,
he or she must prove, to the satisfaction of the Coast Guard, by oral or
other means of examination, and by actual practical demonstration of
abilities, his or her knowledge of seamanship and the ability to carry
out effectively all the duties that may be required of a lifeboatman.
This requirement may be met by completion of an approved course in
paragraph (b)(2)(i) of this section, provided the course includes actual
practical demonstration of abilities.
    (4) The practical demonstration must consist of a demonstration of
the applicant's ability to--
    (i) Take charge of a survival craft or rescue boat during and after
launch;
    (ii) Operate a survival craft engine;
    (iii) Demonstrate the ability to row by actually pulling an oar in
the boat;
    (iv) Manage a survival craft and survivors after abandoning ship;
    (v) Safely recover survival craft and rescue boats; and
    (vi) Use locating and communication devices.
    (5) The examination, whether administered orally or by other means,
must be conducted only in the English language and must consist of
questions regarding--
    (i) Lifeboats and liferafts, the names of their essential parts, and
a description of the required equipment;
    (ii) 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
    (iii) The operation and functions of commonly used types of davits.
    (6) An applicant, to be eligible for an endorsement as lifeboatman,
must be able to speak and understand the English language as would be
required in the rating of lifeboatman and in an emergency aboard ship.



Sec. 12.409  General requirements for lifeboatman-limited endorsements.

    (a) General. Every person fulfilling the manning requirements for
lifeboatman on any United States vessel fitted with liferafts, but not
fitted with lifeboats, must hold an endorsement as lifeboatman or as
lifeboatman-limited. No endorsement as lifeboatman or lifeboatman-
limited 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.
    (b) Requirements for certification. (1) To qualify for an
endorsement as lifeboatman-limited, an applicant must--
    (i) Be at least 18 years of age;
    (ii) Pass the prescribed physical and medical examination
requirements specified in 46 CFR Part 10, subpart C; and
    (iii) Present evidence of having passed a chemical test for
dangerous drugs or of having qualified for an exemption for testing, as
described in Sec. 16.220 of this subchapter.
    (2) An applicant, to be eligible for an endorsement as lifeboatman-
limited, must meet one of the following sea service requirements:
    (i) At least 12 months of sea service in any department of vessels
on ocean, coastwise, inland, and Great Lakes routes.
    (ii) At least 6 months of sea service in any department of vessels,
and successful completion of an approved course.

[[Page 249]]

    (3) Before an applicant is issued an endorsement as a lifeboatman-
limited, he or she must prove, to the satisfaction of the Coast Guard,
by oral or other means of examination, and by actual practical
demonstration of abilities, his or her knowledge of seamanship and
ability to carry out effectively all the duties that may be required of
a lifeboatman-limited.
    (4) The practical demonstration must consist of a demonstration of
the applicant's ability to--
    (i) Take charge of a rescue boat, liferaft, or other lifesaving
apparatus during and after launch;
    (ii) Operate a rescue boat engine;
    (iii) Manage a survival craft and survivors after abandoning ship;
    (iv) Safely recover rescue boats; and
    (v) Use locating and communication devices.
    (5) The examination, whether administered orally or by other means,
must be conducted only in the English language and must consist of
questions regarding--
    (i) Liferafts, rescue boats, and other survival craft except
lifeboats, the names of their essential parts, and a description and use
of the required equipment;
    (ii) The clearing away, launching, and handling of rescue craft,
except lifeboats; and
    (iii) The operation and functions of commonly used launching devices
for rescue boats and survival craft other than lifeboats.
    (6) An applicant, to be eligible for an endorsement as lifeboatman-
limited, must be able to speak and understand the English language as
would be required in the rating of lifeboatman-limited and in an
emergency aboard ship.



    Subpart E_Requirements for National Engineer Rating Endorsements



Sec. 12.501  General requirements for a qualified member of the engine
department (QMED).

    (a) General. A qualified member of the engine department is any
person below officer and above the rating of coal passer or wiper, who
holds an MMC or MMD endorsed as QMED by the Coast Guard.
    (b) Categories. (1) Each QMED rating must be endorsed separately,
unless the applicant qualifies for all QMED ratings, in which case the
endorsement will read ``QMED--any rating.'' The ratings are--
    (i) Fireman/Watertender;
    (ii) Oiler;
    (iii) Junior engineer;
    (iv) Electrician/Refrigerating engineer; and
    (v) Pumpman/Machinist.
    (2) The Coast Guard will no longer issue original endorsements for
deck engineer, deck/engine mechanic, or engineman, or individual
endorsements for refrigerating engineer, machinist, electrician, and
pumpman. However, a mariner who holds any of these endorsements may
continue to renew them as long as he or she is otherwise qualified.
    (3) If the holder of an endorsement as pumpman only or machinist
only seeks the combined endorsement of pumpman/machinist, the mariner
must pass the examination described in Table 1 to Sec. 12.505(c) of
this subpart.
    (4) If the holder of an endorsement as electrician only or
refrigerating engineer only seeks the combined endorsement of
electrician/refrigerating engineer, the mariner must pass the
examination described in Table 1 to Sec. 12.505(c) of this subpart.
    (c) Requirements for certification. To qualify for any endorsement
as QMED, an applicant must--
    (1) Be at least 18 years of age;
    (2) Pass the prescribed physical and medical examination
requirements specified in 46 CFR Part 10, subpart C;
    (3) Present evidence of having passed a chemical test for dangerous
drugs or of having qualified for an exemption from testing, as described
in Sec. 16.220 of this subchapter;
    (4) Meet the sea service or training requirements in Sec. 12.503 of
this subpart;
    (5) Pass an examination as QMED; and
    (6) Speak and understand the English language as would be required
in performing the general duties of QMED and during an emergency aboard
ship.

[[Page 250]]



Sec. 12.503  Service or training requirements.

    (a) An applicant for an endorsement as QMED must provide the Coast
Guard with proof of qualification based on 6 months of service in a
rating at least equal to that of wiper or coal passer.
    (b) Approved training programs may be substituted for the required
periods of service as follows:
    (1) A graduate of a school ship may qualify for a rating endorsement
as QMED, without further service, upon satisfactory completion of the
program of instruction. For this purpose, school ship is interpreted to
mean an institution that offers a complete approved program of
instruction, including a period of at-sea training, in the skills
appropriate to the rating of QMED.
    (2) Training programs, other than those classified as a school ship,
may be substituted for up to one-half of the required service. The
service/training ratio for each program is determined by the Coast
Guard.



Sec. 12.505  Examination requirements.

    (a) Before an applicant is issued an endorsement as QMED in the
rating of oiler, fireman/watertender, junior engineer, pumpman/
machinist, or electrician/refrigerating engineer, he or she must prove,
to the satisfaction of the Coast Guard, by oral or other means of
examination, his or her knowledge of the subjects listed in paragraph
(c) of this section.
    (b) The examination, whether administered orally or by other means,
must be conducted only in the English language.
    (c) Table 1 to Sec. 12.505(c) provides a list of subjects required.

                                           Table 1 to Sec. 12.505(c)--Examination Subjects for QMED Ratings
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                          Electrician/
                              Subjects                                   Pumpman/         Fireman/          Oiler        refrigerating   Junior engineer
                                                                        machinist       watertender                         engineer
--------------------------------------------------------------------------------------------------------------------------------------------------------
General subjects:
    Auxiliary machinery............................................               X                X                X                X                X
    Basic safety procedures........................................               X                X                X                X                X
    Bearings.......................................................               X   ...............               X                X                X
    Care of equipment and machine parts............................               X                X                X                X                X
    Deck machinery.................................................               X   ...............  ...............               X                X
    Drawings and tables............................................               X   ...............  ...............               X                X
    Heat exchangers................................................               X                X                X                X                X
    Hydraulic principles...........................................               X   ...............  ...............               X                X
    Instrumentation principles.....................................               X                X                X                X                X
    Lubrication principles.........................................               X   ...............               X                X                X
    Maintenance procedures.........................................               X                X                X                X                X
    Measuring instruments..........................................               X                X                X                X                X
    Pipes, fittings, and valves....................................               X                X                X                X                X
    Pollution prevention...........................................               X                X                X                X                X
    Properties of fuel.............................................  ...............               X                X   ...............               X
    Pumps, fans, and blowers.......................................               X   ...............  ...............               X                X
    Refrigeration principles.......................................  ...............  ...............               X                X                X
    Remote control equipment.......................................               X                X                X                X                X
    Use of hand/power tools........................................               X                X                X                X                X
    Watch duties...................................................  ...............               X                X   ...............               X
Electrical subjects:
    A/C circuits...................................................  ...............  ...............  ...............               X                X
    Batteries......................................................  ...............  ...............  ...............               X                X
    Calculations...................................................  ...............  ...............  ...............               X                X
    Communication devices..........................................  ...............  ...............  ...............               X                X
    D/C circuits...................................................  ...............  ...............  ...............               X                X
    Distribution systems...........................................  ...............  ...............  ...............               X                X
    Electronic principles..........................................  ...............  ...............  ...............               X                X
    Generation equipment...........................................  ...............  ...............               X                X                X
    Maintenance....................................................  ...............  ...............               X                X                X
    Measuring devices..............................................  ...............  ...............  ...............               X                X
    Motor controllers..............................................  ...............  ...............  ...............               X                X
    Motors.........................................................  ...............  ...............               X                X                X
    Safety.........................................................               X                X                X                X                X
    Troubleshooting................................................  ...............  ...............  ...............               X
Safety and environmental protection subjects:
    Communications.................................................               X                X                X                X                X

[[Page 251]]


    Damage control.................................................               X                X                X                X                X
    Elementary first aid...........................................               X                X                X                X                X
    Emergency equipment............................................               X                X                X                X                X
    Environmental awareness........................................               X                X                X                X                X
    Fire prevention................................................               X                X                X                X                X
    Firefighting equipment.........................................               X                X                X                X                X
    Firefighting principles........................................               X                X                X                X                X
    General safety.................................................               X                X                X                X                X
    Hazardous materials............................................               X                X                X                X                X
Shipboard equipment and systems subjects:
    Air conditioning...............................................  ...............  ...............  ...............               X                X
    Ballast........................................................               X                X                X   ...............               X
    Bilge..........................................................               X                X                X   ...............               X
    Compressed air.................................................               X                X                X                X                X
    Desalination...................................................  ...............  ...............               X   ...............               X
    Fuel oil storage/transfer......................................  ...............               X                X   ...............               X
    Fuel treatment.................................................  ...............               X                X   ...............               X
    Heating/ventilation............................................               X   ...............  ...............               X                X
    Lubrication....................................................               X   ...............               X                X                X
    Potable water..................................................  ...............  ...............               X   ...............               X
    Refrigeration..................................................  ...............  ...............               X                X                X
    Sanitary/sewage................................................  ...............  ...............               X   ...............               X
    Steering.......................................................  ...............  ...............               X                X                X
Steam propulsion subjects:
    Auxiliary turbines.............................................  ...............               X                X   ...............               X
    Boiler fundamentals............................................  ...............               X                X   ...............               X
    Combustion principles..........................................  ...............               X                X   ...............               X
    Condensate systems.............................................  ...............               X                X   ...............               X
    Drive systems..................................................  ...............               X                X   ...............               X
    Feedwater systems..............................................  ...............               X                X   ...............               X
    Fuel service systems...........................................  ...............               X                X   ...............               X
    Maintenance....................................................               X                X                X   ...............               X
    Safety.........................................................               X                X                X                X                X
    Steam fundamentals.............................................               X                X                X   ...............               X
    Turbine fundamentals...........................................  ...............               X                X   ...............               X
Motor propulsion subjects:
    Air-charge systems.............................................  ...............  ...............               X   ...............               X
    Cooling water systems..........................................  ...............  ...............               X   ...............               X
    Diesel engine principles.......................................               X   ...............               X   ...............               X
    Drive systems..................................................               X   ...............               X   ...............               X
    Fuel service systems...........................................  ...............  ...............               X   ...............               X
    Intake/exhaust.................................................  ...............  ...............               X   ...............               X
    Lubrication systems............................................               X   ...............               X   ...............               X
    Starting systems...............................................  ...............  ...............               X   ...............               X
    Waste heat/auxiliary boiler....................................  ...............  ...............               X   ...............               X
--------------------------------------------------------------------------------------------------------------------------------------------------------



           Subpart F_Requirements for STCW Rating Endorsements



Sec. 12.601  General requirements for STCW rating endorsements.

    (a) General. An applicant for any STCW endorsement must hold the
appropriate national endorsement, unless otherwise specified. The Coast
Guard will issue an STCW endorsement to qualified applicants for any of
the following ratings or qualifications:
    (1) Able seafarer-deck.
    (2) Ratings forming part of a navigational watch (RFPNW).
    (3) Able seafarer-engine.
    (4) Ratings forming part of a watch in a manned engineroom or
designated to perform duties in a periodically unmanned engineroom
(RFPEW).
    (5) Electro-technical rating on vessels powered by main propulsion
machinery of 750 kW/1,000 HP or more.
    (6) Proficiency in survival craft and rescue boats, other than fast
rescue boats (PSC).
    (7) Proficiency in survival craft and rescue boats, other than
lifeboats and fast rescue boats (PSC-limited).
    (8) Proficiency in fast rescue boats.
    (9) Medical first-aid provider.
    (10) Person in charge of medical care.

[[Page 252]]

    (11) GMDSS at-sea maintainer.
    (12) Vessel personnel with designated security duties.
    (13) Security awareness.
    (b) Standard of competence. (1) The Coast Guard will accept one or
more methods listed in the STCW Code to demonstrate meeting the standard
of competence in this subpart. See Column 3, ``Methods for demonstrating
competence,'' of the Tables of Competence in the STCW Code (incorporated
by reference, see Sec. 12.103 of this part). The Coast Guard will
accept the following as evidence of meeting the standard of competence
under each of these methods:
    (i) In-service experience: Documentation of successful completion of
assessments, approved or accepted by the Coast Guard, and signed by a
qualified assessor, deck or engineering, as appropriate.
    (ii) Training ship experience: Documentation of successful
completion of an approved training program involving formal training and
assessment onboard a training ship.
    (iii) Simulator training: Documentation of successful completion of
training and assessment from a Coast Guard-approved course involving
maritime simulation.
    (iv) Laboratory equipment training: Documentation of successful
completion of training and assessments from an approved training course
or completion certificate from an approved training school or facility.
    (v) Practical training or instruction:
    (A) Documentation of successful completion of assessment as part of
structured/formal training or instruction provided by an organization or
company as part of an accepted safety or quality management system; or
    (B) Documentation of successful completion of an approved training
course from a school or facility.
    (vi) Specialist training: Documentation of successful completion of
assessment as part of a company training or specialized training
provided by a maritime or equipment specialist.
    (vii) Workshop skills training: Documentation of successful
completion of assessments or completion certificate from an approved
training program, school or facility.
    (viii) Training program: Documentation of successful completion of
an approved training program.
    (ix) Practical demonstration and practical demonstration of
competence: Documentation of successful completion of assessments
approved or accepted by the Coast Guard.
    (x) Practical test and practical experience: Documentation of
successful completion of assessments approved or accepted by the Coast
Guard.
    (xi) Examination: Successful completion of a Coast Guard
examination.
    (xii) Instruction or course: Documentation of successful completion
of a course of instruction offered by an approved training school or
facility.
    (2) Knowledge components may be documented by--
    (i) Successful completion of the Coast Guard examination for the
associated rating endorsement;
    (ii) Successful completion of an approved course; or
    (iii) Successful completion of an approved program.
    (3) The Coast Guard will publish assessment guidelines that should
be used to document assessments that demonstrate meeting the standard of
competence, as required by paragraph (b)(1) of this section.
Organizations may develop alternative assessment documentation for
demonstrations of competence; however, such documentation must be
approved by the Coast Guard prior to its use and submittal with an
application.
    (c) Grandfathering. (1) Except as noted otherwise, each candidate
who applies for a credential based on approved or accepted training or
approved seagoing service that was started on or after March 24, 2014,
or who applies for the MMC endorsement on or after January 1, 2017, must
meet the requirements of this part.
    (2) Except as noted by this subpart, seafarers holding an STCW
endorsement prior to March 24, 2014, will not be required to complete
any additional training required under this part to retain the STCW
endorsements.
    (3) Except as noted otherwise, candidates who apply for a credential
based on approved or accepted training or approved seagoing service that
commenced before March 24, 2014, may

[[Page 253]]

qualify under the requirements of this part existing before that date.
This includes the assessments published prior to March 24, 2014, as well
as the additional requirements for the STCW endorsement section.
    (4) Except as noted by this subpart, the Coast Guard will continue
to issue STCW endorsements meeting the requirements of this part
existing before March 24, 2014, for seafarers identified in paragraph
(c)(3) of this section, until January 1, 2017.

[USCG-2004-17914, 78 FR 77975, Dec. 24, 2013, as amended by USCG-2014-
0688, 79 FR 58279, Sept. 29, 2014]



Sec. 12.602  Basic training.

    (a) Applicants seeking an STCW rating endorsement must provide
evidence, with their application, of meeting the standard of competence
for basic training as described below:
    (1) Personal survival techniques, as set out in Table A-VI/1-1 of
the STCW Code (incorporated by reference, see Sec. 12.103 of this
part).
    (2) Fire prevention and firefighting, 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.
    (b) Every 5 years, seafarers qualified in accordance with Sec.
12.601 (a) of this subpart must provide evidence of maintaining the
standard of competence for basic training (BT).
    (c) The Coast Guard will accept onboard training and experience,
through evidence of 1 year of sea service within the last 5 years for
the following areas:
    (1) Personal survival techniques, as set out in Table A-VI/1-1 of
the STCW Code:
    (i) Donning a lifejacket.
    (ii) Boarding a survival craft from the ship, while wearing a
lifejacket.
    (iii) Taking initial actions on boarding a lifeboat to enhance
chance of survival.
    (iv) Streaming a lifeboat drogue or sea-anchor.
    (v) Operating survival craft equipment.
    (vi) Operating location devices, including radio equipment.
    (2) Fire prevention and firefighting, as set out in Table A-VI/1-2
of the STCW Code:
    (i) Using self-contained breathing apparatus.
    (ii) Performing a rescue in a smoke-filled space, using an approved
smoke-generating device aboard, while wearing a breathing apparatus.
    (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.
    (d) The Coast Guard will only accept evidence of approved
assessments conducted ashore for the following areas:
    (1) Personal survival techniques, as set out in Table A-VI/1-1 of
the STCW Code:
    (i) Donning and use an immersion suit.
    (ii) Safely jumping from a height into the water.
    (iii) Righting an inverted liferaft while wearing a lifejacket.
    (iv) Swimming while wearing a lifejacket.
    (v) Keeping afloat without a lifejacket.
    (2) Fire prevention and firefighting as set out in Table A-VI/1-2 of
the STCW Code:
    (i) Using various types of portable fire extinguishers.
    (ii) Extinguishing smaller fires. e.g., electrical fires, oil fires,
and propane fires.
    (iii) Extinguishing extensive fires with water, using jet and spray
nozzles.
    (iv) Extinguishing fires with foam, powder, or any other suitable
chemical agent.
    (v) Fighting fire in smoke-filled enclosed spaces wearing self-
contained breathing apparatuses.
    (vi) Extinguishing fire with water fog or any other suitable
firefighting agent in an accommodation room or simulated engine room
with fire and heavy smoke.
    (vii) Extinguishing oil fire with fog applicator and spray nozzles,
dry chemical powder, or foam applicators.
    (e) Applicants who cannot meet the requirement for 1 year of sea
service within the last 5 years, as described in paragraph (c) of this
section, will be required to meet the requirements of

[[Page 254]]

paragraph (a) of this section or complete approved or accepted refresher
training.



Sec. 12.603  Requirements to qualify for an STCW endorsement as able
seafarer-deck.

    (a) To qualify for this endorsement as able seafarer-deck, an
applicant must--
    (1) Be not less than 18 years of age;
    (2) Meet the requirements for certification as a RFPNW;
    (3) While qualified as an RFPNW, have seagoing service in the deck
department of--
    (i) Not less than 18 months; or
    (ii) Not less than 12 months and have completed approved training;
    (4) Provide evidence of meeting the standard of competence specified
in Table A-II/5 of the STCW Code (incorporated by reference, see Sec.
12.103 of this part); and
    (5) Provide evidence of having satisfactorily completed approved
training in--
    (i) Proficiency in survival craft and rescue boats other than fast
rescue boats (PSC); or
    (ii) Proficiency in survival craft and rescue boats, other than
lifeboats or fast rescue boats-limited (PSC-limited), as appropriate.
    (b) Until January 1, 2017, seafarers will be considered to have met
the requirements of this section if they have served as a watchstanding
A/B or as an RFPNW for a period of not less than 12 months within the 60
months prior to application.
    (c) Seafarers holding a rating endorsement as able seaman before
January 1, 2017, will be eligible for this endorsement upon showing
evidence of--
    (1) Holding an endorsement as an RFPNW; and
    (2) Having satisfactorily completed approved training in--
    (i) Proficiency in survival craft and rescue boats, other than fast
rescue boats (PSC); or
    (ii) Proficiency in survival craft and rescue boats, other than
lifeboats or fast rescue boats-limited (PSC-limited), as appropriate.
    (d) The Coast Guard may exempt an applicant from meeting any
individual knowledge, understanding, and proficiency required in Section
A-II/5 of the STCW Code. These exemptions must be approved by the Coast
Guard, based upon vessel type. Under these circumstances, the
endorsement may include a corresponding limitation.
    (e) Except as provided in paragraphs (b) and (c) of this section,
seafarers with the following national rating endorsements will be
eligible for this endorsement upon completion of the requirements
designated in this section:

                       Table 1 to Sec. 12.603(e)--STCW Endorsement as Able Seafarer-Deck
----------------------------------------------------------------------------------------------------------------
                                     Sea service under                                         Training required
     Entry path from national        authority of the     Competence--STCW   Competence--STCW   by this section
           endorsements               endorsement \1\     Table A-II/4 \2\   Table A-II/5 \3\         \4\
----------------------------------------------------------------------------------------------------------------
A/B unlimited....................  None................                 Y                  Y                  N
A/B limited......................  None................                 Y                  Y                  N
A/B special......................  6 months \5\........                 Y                  Y                  N
A/B-offshore supply vessels......  12 months \6\.......                 Y                  Y                  N
A/B sail.........................  12 months \6\.......                 Y                  Y                  N
A/B-fishing industry.............  12 months \6\.......                 Y                  Y                  N
----------------------------------------------------------------------------------------------------------------
\1\ This column provides the minimum additional service required of the seafarer already holding an RFPNW
  endorsement in order to meet the requirements of this section.
\2\ Complete any items in paragraph (a)(2) of this section not previously satisfied.
\3\ Complete any items in paragraph (a)(4) of this section not previously satisfied.
\4\ Complete any items in paragraph (a)(5) of this section not previously satisfied.
\5\ The service may be reduced to 3 months if training has been completed as part of an approved training
  program meeting the requirements of paragraph (a)(4) of this section.
\6\ The service may be reduced to 6 months if training has been completed as part of an approved training
  program meeting the requirements of (a)(4) of this section.


[[Page 255]]



Sec. 12.605  Requirements to qualify for an STCW endorsement as ratings
forming part of a navigational watch (RFPNW).

    (a) To qualify for endorsement as an RFPNW on a seagoing vessel of
500 GT or more, an applicant must--
    (1) Be not less than 16 years of age;
    (2) Provide evidence of service as follows:
    (i) Six months of seagoing service, which includes training and
experience associated with navigational watchkeeping functions and
involves the performance of duties carried out under the supervision of
the master, mate, or qualified STCW deck rating; or
    (ii) Proof of successful completion of Coast Guard-approved or -
accepted training, which includes not less than 2 months of approved
seagoing service; and
    (3) Provide evidence of meeting standards of competence prescribed
in Table A-II/4 of the STCW Code (incorporated by reference, see Sec.
12.103 of this part).
    (b) The Coast Guard may exempt an applicant from meeting any
individual knowledge, understanding, and proficiency required in Section
A-II/4 of the STCW Code. These exemptions must be approved by the Coast
Guard based upon vessel type. Under these circumstances, the endorsement
may include a corresponding limitation.
    (c) Seafarers with the following national rating endorsements will
be eligible for this endorsement upon completion of requirements
designated in this section:

         Table 1 to Sec. 12.605(c)--STCW Endorsement as RFPNW
------------------------------------------------------------------------
                                    Sea service under
     Entry path from national        authority of the   Competence--STCW
           endorsements              endorsement \1\    Table A-II/4 \2\
------------------------------------------------------------------------
A/B unlimited....................  None...............                Y
A/B limited......................  None...............                Y
A/B special......................  None...............                Y
A/B-offshore supply vessels......  None...............                Y
A/B sail.........................  None...............                Y
A/B-fishing industry.............  None...............                Y
Ordinary seaman..................  6 mo.\3\...........                Y
------------------------------------------------------------------------
\1\ This column provides the minimum additional service required of the
  seafarer in order to meet the requirements of this section.
\2\ Complete any items in paragraph (a)(3) of this section not
  previously satisfied.
\3\ The service may be reduced to 2 months if training has been
  completed as part of an approved training program meeting the
  requirements of paragraph (a)(2)(ii) of this section.



Sec. 12.607  Requirements to qualify for an STCW endorsement as rating
as able seafarer-engine.

    (a) To qualify for an STCW endorsement as an able seafarer-engine,
an applicant must--
    (1) Be not less than 18 years of age;
    (2) Meet the requirements for certification as a ratings forming
part of an engineering watch (RFPEW);
    (3) While qualified as an RFPEW, have seagoing service in the engine
department of--
    (i) Not less than 12 months; or
    (ii) Not less than 6 months and have completed approved training;
and
    (4) Provide evidence of meeting the standard of competence specified
in Table A-III/5 of the STCW Code (incorporated by reference, see Sec.
12.103 of this part).
    (b) Until January 1, 2017, seafarers will be considered to have met
the requirements of this section if they have served as a watchstanding
Qualified Member of the Engine Department (QMED), junior engineer,
oiler, fireman/watertender, deck-engine mechanic, or engineman in the
engine department, or as an RFPEW for a period of not less than 12
months within the last 60 months prior to application.
    (c) Seafarers holding a rating endorsement as QMED, junior engineer,
electrician or electrician/refrigerating engineer, pumpman or pumpman/
machinist, refrigerating engineer, or machinist before January 1, 2017,
will be eligible for this endorsement upon showing evidence of holding
an endorsement as an RFPEW.
    (d) The Coast Guard may exempt an applicant from meeting any
individual knowledge, understanding, and proficiency required in Section
A-III/5 of the STCW Code. These exemptions must be approved by the Coast
Guard based upon vessel type. Under these circumstances, the endorsement
may include a corresponding limitation.
    (e) Except as provided in paragraphs (b) and (c) of this section,
seafarers with the following national rating endorsements will be
eligible for this endorsement upon completion of requirements designated
in this section:

[[Page 256]]



  Table 1 to Sec. 12.607(e)--STCW Endorsement as Able Seafarer-Engine
------------------------------------------------------------------------
                                             Additional sea service for
         Domestic QMED endorsement                      AS-E
------------------------------------------------------------------------
Engineman.................................  None.
Deck Engine Mechanic......................  None.
Electrician...............................  6 months.\1\
Refrigerating Engineer....................  6 months.\1\
Pumpman...................................  6 months.\1\
Machinist.................................  6 months.\1\
------------------------------------------------------------------------
\1\ Service may be reduced to 3 months if training has been completed as
  part of an approved training program.



Sec. 12.609  Requirements to qualify for an STCW endorsement as rating
forming part of an engineering watch (RFPEW).

    (a) To qualify for an STCW endorsement as an RFPEW in a manned
engine room or to qualify to be designated to perform duties in a
periodically unmanned engine room, an applicant must--
    (1) Be not less than 16 years of age;
    (2) Provide evidence of service as follows:
    (i) Six months of seagoing service, which includes training and
experience associated with engine room functions, and involves the
performance of duties carried out under the supervision of an engineer
officer or a qualified STCW rating; or
    (ii) Proof of successful completion of a Coast Guard-approved or -
accepted training, which includes not less than 2 months approved
seagoing service; and
    (3) Provide evidence of meeting the standard of competence as
specified in Table A-III/4 of the STCW Code (incorporated by reference,
see Sec. 12.103 of this part).
    (b) The Coast Guard may exempt an applicant from meeting any
individual knowledge, understanding, and proficiency required in Section
A-III/4 of the STCW Code. These exemptions must be approved by the Coast
Guard based upon vessel type. Under these circumstances, the endorsement
may include a corresponding limitation.
    (c) Seafarers with the following national rating endorsements will
be eligible for this endorsement upon completion of requirements
designated in this section:

         Table 1 to Sec. 12.609(c)--STCW Endorsement as RFPEW
------------------------------------------------------------------------
                                    Sea service under   Competence--STCW
     Entry path from national        authority of the     Table A-III/4
           endorsements              endorsement \1\           \2\
------------------------------------------------------------------------
Any QMED.........................  None...............                Y
Wiper............................  6 months...........                Y
------------------------------------------------------------------------
\1\ This column provides the minimum additional service required of the
  seafarer in order to meet the requirements of this section.
\2\ Complete any items in paragraph (a)(3) of this section not
  previously satisfied.

    (d) Limitations. (1) STCW RFPEW endorsements issued in accordance
with this section will be restricted to specific propulsion modes for
steam, motor, or gas turbine-propelled vessels, as appropriate.
    (2) STCW RFPEW endorsements issued in accordance with this section
for motor or gas turbine-propelled vessels may be endorsed as limited to
serve on vessels without auxiliary boilers, waste-heat boilers, or
distilling plants. An applicant may qualify for removal of any of these
limitations by demonstrating the appropriate competencies.



Sec. 12.611  Requirements to qualify for an STCW endorsement as
electro-technical rating (ETR) on vessels powered by main propulsion

machinery of 750 kW/1,000 HP or more.

    (a) To qualify for an STCW endorsement as an electro-technical
rating, an applicant must--
    (1) Be not less than 18 years of age;
    (2) Provide evidence of--
    (i) Twelve months of seagoing service, that includes training and
experience associated with engine room watchkeeping functions and
involves the performance of duties carried out under the supervision of
an engineer officer, electro-technical officer, or a qualified STCW
engine rating;
    (ii) Proof of successful completion of a Coast Guard-approved or -
accepted program, which includes not less than 6 months of approved
seagoing service; or
    (iii) Qualifications meeting the standard of competence specified in
Table A-III/7 of the STCW Code (incorporated by reference, see Sec.
12.103 of this part) and approved seagoing service of not less than 3
months;

[[Page 257]]

    (3) Provide evidence of meeting the standard of competence specified
in Table A-III/7 of the STCW Code; and
    (4) Provide evidence of completion of an approved course in--
    (i) Computer systems and maintenance; and
    (ii) High-voltage power systems.
    (b) An applicant who holds an STCW endorsement as able seafarer-
engine and a national rating endorsement as electrician, electrician/
refrigerating engineer, or junior engineer will be issued the ETR
endorsement upon completion of the requirements in Section A-III/7 of
the STCW Code and evidence of completion of the training required in
paragraph (a)(4) of this section.
    (c) Seafarers with the following national rating endorsement will be
eligible for this endorsement upon completion of the requirements
designated in this section:

      Table 1 to Sec. 12.611(c)--STCW Endorsement as Electro-Sec.
                            Technical Rating
------------------------------------------------------------------------
                                    Sea service under   Competence--STCW
     Entry path from national        authority of the     Table A-III/7
           endorsements              endorsement \1\           \2\
------------------------------------------------------------------------
Electrician/refrigerating          None...............                Y
 engineer.
Junior engineer..................  None...............                Y
------------------------------------------------------------------------
\1\ This column provides the minimum additional service required of the
  seafarer in order to meet the requirements of this section.
\2\ Complete any items in paragraph (a)(3) of this section not
  previously satisfied.



Sec. 12.613  Requirements to qualify for an STCW endorsement in
proficiency in survival craft and rescue boats other than fast rescue

boats (PSC).

    (a) To qualify for an STCW endorsement in proficiency in survival
craft and rescue boats other than fast rescue boats (PSC), the applicant
must--
    (1) Be at least 18 years of age;
    (2) Meet the requirements for a lifeboatman endorsement in Sec.
12.407 of this part and Table A-VI/2-1 of the STCW Code (incorporated by
reference, see Sec. 12.103 of this part); and
    (3) Complete basic training (BT), found in Sec. 12.601(c) of this
subpart.
    (b) Continued professional competence. (1) Seafarers qualified in
accordance with paragraph (a) of this section must provide evidence of
maintaining the standard of competence as set out in Table A-VI/2-1 of
the STCW Code every 5 years.
    (2) The Coast Guard will accept onboard training and experience,
through evidence of 1 year of sea service within the last 5 years, as
meeting the requirements of paragraph (b)(1) of this section for the
following areas, as set out in Table A-VI/2-1 of the STCW Code:
    (i) Taking charge of a survival craft or rescue boat during and
after launch, including--
    (A) Interpreting the markings on survival craft as to the number of
persons they are intended to carry;
    (B) Giving correct commands for launching and boarding survival
craft, clearing the ship, and handling and disembarking persons from
survival craft;
    (C) Preparing and safely launch survival craft, operating its
engine, and clearing the ship's side quickly; and
    (D) Safely recovering survival craft and rescue boats.
    (ii) Operating a survival craft engine, including--
    (A) Rowing and steering a boat and steer by compass;
    (B) Using individual items of equipment of survival craft, except
for pyrotechnics; and
    (C) Rigging devices to aid location.
    (iii) Using locating devices, including communication and signaling
apparatus, including--
    (A) Using of portable radio equipment for survival craft.
    (B) [Reserved]
    (iv) Applying first aid to survivors.
    (3) The Coast Guard will only accept evidence of assessments
conducted ashore as meeting the requirements of paragraph (b)(1) of this
section for the areas not included in paragraph (b)(2) of this section,
as set out in Table A-VI/2-1 of the STCW Code.
    (4) Applicants who cannot meet the requirement for 1 year of sea
service within the last 5 years, as described in paragraph (b)(2) of
this section, will be required to meet the requirements of paragraph (a)
of this section or complete approved or accepted refresher training.
    (c) Seafarers holding an MMD or MMC endorsement as lifeboatman
before January 1, 2017 will be eligible for

[[Page 258]]

this endorsement upon showing evidence of sea service of not less than
12 months within the last 60 months. The sea service must be completed
prior to January 1, 2017.



Sec. 12.615  Requirements to qualify for an STCW endorsement in
proficiency in survival craft and rescue boats other than lifeboats and

fast rescue boats-limited (PSC-limited).

    (a) To qualify for an STCW endorsement in proficiency in survival
craft and rescue boats other than lifeboats and fast rescue boats-
limited (PSC-limited), the applicant must--
    (1) Be at least 18 years of age;
    (2) Meet the requirements for a lifeboatman-limited endorsement in
Sec. 12.409 of this part and Table A-VI/2-1 of the STCW Code
(incorporated by reference, see Sec. 12.103 of this part); and
    (3) Complete BT, found in Sec. 12.601(c) of this subpart.
    (b) Continued professional competence. (1) Seafarers qualified in
accordance with paragraph (a) of this section must provide evidence of
maintaining the standard of competence as set out in Table A-VI/2-1 of
the STCW Code every 5 years.
    (2) The Coast Guard will accept onboard training and experience,
through evidence of 1 year of sea service within the last 5 years, as
meeting the requirements of paragraph (b)(1) of this section for the
following areas, as set out in Table A-VI/2-1 of the STCW Code:
    (i) Taking charge of a survival craft or rescue boat during and
after launch including--
    (A) Interpreting the markings on survival craft as to the number of
persons they are intended to carry;
    (B) Giving correct commands for launching and boarding rescue boats
and survival craft other than lifeboats, clearing the ship, and handling
and disembarking persons from survival craft;
    (C) Preparing and safely launching rescue boats and survival craft,
other than lifeboats, starting the engine, and clearing the ship's side
quickly; and
    (D) Safely recovering rescue boats.
    (ii) Managing survivors and survival craft after abandoning ship,
including--
    (A) Steering a rescue boat and steer by compass;
    (B) Using individual items of equipment of survival craft other than
lifeboats, except for pyrotechnics; and
    (C) Rigging devices to aid location.
    (iii) Using locating devices, including communication and signaling
apparatuses, including--
    (A) Using portable radio equipment for rescue boats and survival
craft;
    (B) [Reserved]
    (iv) Applying first aid to survivors.
    (3) The Coast Guard will only accept evidence of assessments
conducted ashore as meeting the requirements of paragraph (b)(1) of this
section for the areas not included in paragraph (b)(2) of this section
as set out in Table A-VI/2-1 of the STCW Code.
    (4) Applicants who cannot meet the requirement for 1 year of sea
service within the last 5 years, as described in paragraph (b)(2) of
this section, will be required to meet the requirements of paragraph (a)
of this section or complete approved or accepted refresher training.
    (c) Seafarers holding an MMD or MMC endorsement as lifeboatman-
limited before January 1, 2017, will be eligible for this endorsement
upon showing evidence of sea service of not less than 12 months within
the last 60 months. The sea service must be completed prior to January
1, 2017.



Sec. 12.617  Requirements to qualify for an STCW endorsement in
proficiency in fast rescue boats.

    (a) To qualify for an STCW endorsement in proficiency in fast rescue
boats, an applicant must--
    (1) Be not less than 18 years of age;
    (2) Hold an endorsement in proficiency in survival craft and rescue
boats other than fast rescue boats (PSC) or in proficiency in survival
craft and rescue boats other than lifeboats and fast rescue boats-
limited (PSC-limited) under this subpart;
    (3) Provide evidence of successful completion of a Coast Guard-
approved or -accepted course; and
    (4) Provide evidence of meeting the standard of competence specified
in Table A-VI/2-2 of the STCW Code (incorporated by reference, see Sec.
12.103 of this part).
    (b) Continued professional competence. (1) Seafarers qualified in
accordance

[[Page 259]]

with paragraph (a) of this section must provide evidence of maintaining
the standard of competence as set out in Table A-VI/2-2 of the STCW Code
every 5 years.
    (2) The Coast Guard will accept onboard training and experience,
through evidence of 1 year of sea service within the last 5 years, as
meeting the requirements of paragraph (b)(1) of this section for the
following areas, as set out in Table A-VI/2-2 of the STCW Code:
    (i) Taking charge of a fast rescue boat during and after launch,
including--
    (A) Controlling safe launching, operating of the engine, and
recovering a fast rescue boat;
    (B) Handling a fast rescue boat in prevailing weather and sea
conditions;
    (C) Using communication and signaling equipment between the fast
rescue boat and a helicopter and a ship;
    (D) Using the emergency equipment carried; and
    (E) Carrying out search patterns, taking account of environmental
factors.
    (ii) [Reserved]
    (3) The Coast Guard will only accept evidence of assessments
conducted ashore as meeting the requirements of paragraph (b)(1) of this
section for the areas not included in paragraph (b)(2) of this section,
as set out in Table A-VI/2-2 of the STCW Code.
    (4) Applicants who cannot meet the requirement for 1 year of sea
service within the last 5 years, as described in paragraph (b)(2) of
this section, will be required to meet the requirements of paragraph
(a)(3) of this section or complete approved or accepted refresher
training.



Sec. 12.619  Requirements to qualify for an STCW endorsement as medical
first-aid provider.

    (a) To qualify for an STCW endorsement as medical first-aid
provider, an applicant must--
    (1) Provide evidence of successful completion of an approved course
in medical first aid; and
    (2) Provide evidence of meeting the standard of competence specified
in Table A-VI/4-1 of the STCW Code (incorporated by reference, see Sec.
12.103 of this part).
    (b) An applicant holding one of the following credentials is
qualified for an endorsement as medical first-aid provider:
    (1) A valid professional license listed in Sec. 11.807(a)(5) or
(a)(6) of this subchapter, without restriction or limitation placed upon
it by the issuing State.
    (2) A rating listed in Sec. 11.807(a)(7) or (a)(8) of this
subchapter.



Sec. 12.621  Requirements to qualify for an STCW endorsement as person
in charge of medical care.

    (a) To qualify for an STCW endorsement as person in charge of
medical care, an applicant must--
    (1) Provide evidence of successful completion of an approved course
that leads to an endorsement for seafarers designated to take charge of
medical care onboard a ship; and
    (2) Provide evidence of meeting the standard of competence specified
in Table A-VI/4-2 of the STCW Code (incorporated by reference, see Sec.
12.103 of this part).
    (b) An applicant holding any of the following credentials is
qualified for an endorsement as person in charge of medical care:
    (1) A valid professional license listed in Sec. 11.807(a)(5) or
(a)(6) of this subchapter, without restriction or limitation placed upon
it by the issuing State.
    (2) A rating listed in Sec. 11.807(a)(7) or (a)(8) of this
subchapter.



Sec. 12.623  Requirements to qualify for an STCW endorsement as Global
Maritime Distress and Safety System (GMDSS) at-sea maintainer.

    To qualify for an STCW endorsement as GMDSS at-sea maintainer, an
applicant must--
    (a) Be not less than 18 years of age;
    (b) Provide evidence of--
    (1) Successful completion of a training program that covers at least
the scope and content of the training outlined in Section B-IV/2 of the
STCW Code (incorporated by reference, see Sec. 12.103 of this part); or
    (2) Passing an approved GMDSS at-sea maintainer course; and

[[Page 260]]

    (c) Hold a valid Federal Communications Commission (FCC) certificate
as GMDSS at-sea maintainer.



Sec. 12.625  Requirements to qualify for an STCW endorsement as vessel
personnel with designated security duties.

    (a) An applicant for an STCW endorsement as vessel personnel with
designated security duties must--
    (1) Present satisfactory documentary evidence, such as a certificate
or letter signed by a company official, or a certificate of completion
from a Coast Guard-accepted or Coast Guard-approved course, of meeting
the requirements in 33 CFR 104.220;
    (2) Meet the physical examination requirements in 46 CFR Part 10,
subpart C; and
    (3) Meet the safety and suitability requirements and the National
Driver Registry review requirements in Sec. 10.209(e) of this
subchapter, unless the applicant has met these requirements within the
previous 5 years in connection with another endorsement.
    (b) Until March 24, 2014, seafarers will be able to apply for an
endorsement as vessel personnel with designated security duties by--
    (1) Having completed approved seagoing service with designated
security duties, for a period of at least 6 months in total during the
preceding 3 years;
    (2) Having performed security functions considered to be equivalent
to the seagoing service required in paragraph (b)(1) of this section; or
    (3) Successfully completing Coast Guard-accepted or Coast Guard-
approved training.



Sec. 12.627  Requirements to qualify for an STCW endorsement for
security awareness.

    (a) An applicant for an endorsement for security awareness must--
    (1) Present satisfactory documentary evidence, such as a certificate
or letter signed by a company official, or a certificate of completion
from a Coast Guard-accepted or Coast Guard-approved course, of meeting
the requirements in 33 CFR 104.225;
    (2) Meet the physical examination requirements in 46 CFR, part 10,
subpart C; and
    (3) Meet the safety and suitability requirements and the National
Driver Registry review requirements in Sec. 10.209(e) of this
subchapter, unless the applicant has met these requirements within the
previous 5 years in connection with another endorsement.
    (b) Until March 24, 2014, seafarers will be able to apply for an
endorsement in security awareness by--
    (1) Having performed approved seagoing service for a period of at
least 6 months in total during the preceding 3 years;
    (2) Having performed security functions considered to be equivalent
to the seagoing service required in paragraph (b)(1) of this section; or
    (3) Successfully completing Coast Guard-accepted or Coast Guard-
approved training.



    Subpart G_Entry-Level National Ratings and Miscellaneous Ratings



Sec. 12.701  Credentials required for entry-level and miscellaneous
ratings.

    Every person employed or engaged on a vessel subject to 46 U.S.C.
8701, must produce an MMC or MMD with the appropriate endorsement to the
master or person in charge (PIC), if appropriate, before signing
shipping articles.



Sec. 12.703  General requirements for entry-level ratings.

    (a) Rating endorsements will be issued without professional
examination to applicants in capacities other than able seaman,
lifeboatman, lifeboatman-limited, tankerman, or QMED, including--
    (1) Ordinary seaman;
    (2) Wiper;
    (3) Steward's department; and
    (4) Steward's department (F.H.).
    (b) Holders of MMCs or MMDs endorsed as ordinary seaman may serve in
any unqualified rating in the deck or steward's department, except as a
food handler.
    (c) Holders of MMCs or MMDs endorsed as wiper may serve in any
unqualified rating in the engine or steward's department, except as a
food handler.

[[Page 261]]

    (d) Only MMCs or MMDs endorsed as steward's department (F.H.) will
authorize the holder's service in any capacity in the steward's
department, including food handler.



Sec. 12.705  Endorsements for persons enrolled in a Maritime
Administration-approved training program.

    MMCs issued to individuals obtaining sea service as part of an
approved training curriculum while enrolled at either the United States
Merchant Marine Academy or a deck or engineering class of a Maritime
Academy approved by and conducted under the rules prescribed by the
Maritime Administrator and listed in 46 CFR Part 310 will include an
endorsement of cadet (deck) or cadet (engine), as appropriate, and
lifeboatman. Individuals obtaining sea service as part of such an
approved training curriculum must do so in the capacity of cadet (deck)
or cadet (engine), as appropriate, notwithstanding any other rating
endorsements the individual may hold or any other capacity in which the
individual may have previously served.



Sec. 12.707  Student observers.

    Students in technical schools who are enrolled in courses in marine
management, naval architecture, and ship operations, and who present a
letter or other documentary evidence that they are enrolled, will be
issued an MMC endorsed as ``student observer--any department'' and may
be signed on ships as such. Students holding these endorsements will not
take the place of any of the crew, or replace any of the regular
required crew.



Sec. 12.709  Apprentice engineers.

    (a) Persons enrolled in an engineer training program approved by the
Coast Guard, and who present a letter or other documentary evidence that
they are enrolled, may be issued an MMC endorsed as apprentice engineer
and may be signed on ships as such. The endorsement as apprentice
engineer may be in addition to other endorsements; however, this
endorsement does not authorize the holder to replace any of the regular
required crew.
    (b) Persons holding the endorsement as apprentice engineer are
deemed to be seamen.



Sec. 12.711  Apprentice mate.

    (a) A person enrolled in a mate training program approved by the
Coast Guard, and who presents a letter or other documentary evidence
that he or she is enrolled, may be issued an MMC rating endorsement as
apprentice mate and may be signed on a vessel in this capacity. The
rating endorsement as apprentice mate may be in addition to other
endorsements; however, this endorsement does not authorize the holder to
replace any of the regular required crew.
    (b) Persons holding the endorsement as apprentice mate are deemed to
be seamen.



   Subpart H_Non-Resident Alien Members of the Steward's Department on
                    U.S. Flag Large Passenger Vessels



Sec. 12.801  Purpose.

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



Sec. 12.803  General requirements.

    (a) Unless otherwise specified in this subpart, non-resident alien
applicants for Coast Guard-issued MMCs are subject to all applicable
requirements contained in this subchapter.
    (b) No application for an MMC from a non-resident alien issued
pursuant to this subpart will be accepted unless the applicant's
employer satisfies all of the requirements of Sec. 12.805 of this
subpart.



Sec. 12.805  Employer requirements.

    (a) The employer must submit the following to the Coast Guard, as a
part of the applicant's MMC 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

[[Page 262]]

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 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) An employer-conducted background check, which must be conducted
to the satisfaction of the Coast Guard for an MMC to be issued to the
applicant.
    (b) If an MMC 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 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 MMC is returned to the Coast Guard in
accordance with paragraph (d) of this section.
    (c) If an MMC or a transportation worker identification credential
(TWIC) is issued to the applicant, each MMC 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.
12.811(c) of this subpart have not been exceeded.
    (d) In the event that the seaman's MMC 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 MMC to the Coast Guard and/or the TWIC to the
Transportation Security Administration (TSA) 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 to the National Maritime Center 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.
The annual material disciplinary actions report must--
    (i) 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) Be submitted to the Coast Guard on or before the anniversary of
the issuance date of the MMC; and
    (2) Conduct a background check each year that the MMC is valid to
search for any changes that might have occurred since the last employer-
conducted background check was performed. The annual background check
must--
    (i) 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) Be submitted to the Coast Guard on or before the anniversary of
the issuance date of the MMC.

[[Page 263]]

    (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. 12.807  Basis for denial.

    In addition to the requirements for an MMC established elsewhere in
this subchapter, and the basis for denial established in Sec. Sec.
10.209, 10.211, and 10.213 of this subchapter, an applicant for an MMC
issued pursuant to this subpart must--
    (a) Have been employed for a period of at least 1 year on a foreign
flag passenger vessel that is under the same common ownership or control
as the U.S. flag large passenger vessel on which the applicant will be
employed upon issuance of an MMC 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 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; and
    (d) Meet the citizenship and identity requirements of Sec. 12.809
of this subpart.



Sec. 12.809  Citizenship and identity.

    (a) Instead of the requirements of Sec. 10.221 of this subchapter,
a non-resident alien may apply for a Coast Guard-issued MMC, endorsed
and valid only for service in the steward's department of a U.S. flag
large passenger vessel, as defined in 46 U.S.C. 8103(k)(5)(B), 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 another valid
U.S. visa or authority deemed acceptable by the Coast Guard.
    (c) Any non-resident alien applying for an MMC 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. 12.811  Restrictions.

    (a) An MMC 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. 12.807(a) of
this subpart.
    (1) The MMC will be endorsed for service in the steward's
department, in accordance with Sec. 12.703 of this part.
    (2) The MMC may also be endorsed for service as a food handler if
the applicant meets the requirements of Sec. 12.703 of this part.
    (3) No other rating or endorsement is authorized, except lifeboatman
or lifeboatman-limited, in which case all applicable requirements of
this subchapter and the STCW Convention and STCW Code (incorporated by
reference, see Sec. 12.103 of this part) must be met.
    (b) The following restrictions must be printed on the MMC, or be
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 MMC must remain in the custody of the
employer at all times.
    (3) Upon termination of employment, the MMC must be returned to the
Coast Guard within 10 days, in accordance with Sec. 12.805 of this
subpart.
    (4) A non-resident alien issued an MMC under this subpart may not
perform watchstanding, engine room duty watch, or vessel navigation
functions.
    (5) A non-resident alien issued an MMC under this subpart may
perform

[[Page 264]]

emergency-related duties, provided that--
    (i) The emergency-related duties do not require any other rating or
endorsement, except lifeboatman or lifeboatman-limited as specified in
paragraph (a)(3) of this section;
    (ii) The non-resident alien has completed familiarization and basic
training (BT), as required in Sec. 15.1105 of this subchapter;
    (iii) If the non-resident alien serves as a lifeboatman or
lifeboatman-limited, he or she has the necessary lifeboatman or
lifeboatman-limited 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 Sec. 15.1103 of this subchapter.
    (c) A non-resident alien may only serve for an aggregate period of
36 months of actual service on all authorized U.S. flag large passenger
vessels combined under the provisions of this subpart.
    (d) Once this 36-month limitation is reached, the MMC becomes
invalid and must be returned to the Coast Guard under Sec. 12.805(d) of
this subpart, and the non-resident alien is no longer authorized to
serve in a position requiring an MMC on any U.S. flag large passenger
vessel.
    (e) An individual who successfully adjusts his or her immigration
status to become either an alien lawfully admitted for permanent
residence to the United States, or a citizen of the United States, may
apply for an MMC, subject to the requirements of Sec. 10.221 of this
subchapter, without any restrictions or limitations imposed by this
subpart.



Sec. 12.813  Alternative means of compliance.

    (a) The owner or managing operator of a U.S. flag large passenger
vessel seeking to employ non-resident aliens issued MMCs 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 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.



  Subpart I_Crewmembers on a Passenger Ship on an International Voyage



Sec. 12.901  Purpose.

    This subpart establishes requirements for the qualification of
ratings serving on passenger ships as defined in Sec. 12.903 of this
part.



Sec. 12.903  Definitions.

    Passenger ship in this subpart means a ship carrying more than 12
passengers when on an international voyage.



Sec. 12.905  General requirements.

    (a) Any seafarer may serve on a passenger vessel on an international
voyage and perform duties that involve safety or care for passengers,
only after--
    (1) Meeting the appropriate requirements of the STCW Regulation V/2
and of section A-V/2 of the STCW Code (incorporated by reference, see
Sec. 12.103 of this part); and
    (2) Holding documentary evidence to show that the mariner meets
these requirements through approved or accepted training.
    (b) Seafarers who are required to be trained in accordance with
paragraph (a)(1) of this section must, at intervals not exceeding 5
years, provide evidence of maintaining the standard of competence.
    (c) The Coast Guard will accept onboard training and experience,
through evidence of 1 year of sea service within the last 5 years, as
meeting the requirements of paragraph (a)(2) of this section.
    (d) Personnel serving onboard small passenger vessels engaged in
domestic, near-coastal voyages, as defined in Sec. 15.105(g)(1) of this
subchapter, are not subject to any obligation for the purpose of this
STCW requirement.

[[Page 265]]



PART 13_CERTIFICATION OF TANKERMEN--Table of Contents



                            Subpart A_General

Sec.
13.101 Purpose.
13.103 Incorporation by reference.
13.105 Paperwork approval.
13.106 Requirement to hold an MMC.
13.107 Tankerman endorsement: General.
13.109 Tankerman endorsement: Authorized cargoes.
13.111 Restricted tankerman endorsement.
13.113 [Reserved]
13.115 Chemical testing requirements.
13.117 Re-issuance of expired tankerman endorsements.
13.119 Expiration of endorsement.
13.120 Renewal of tankerman endorsement.
13.121 Courses for tankerman endorsements.
13.123 Recency of service or experience for original tankerman
          endorsement.
13.125 Physical and medical requirements.
13.127 Service: General.
13.129 Quick-reference table for tankerman endorsements.

          Subpart B_Requirements for Tankerman-PIC Endorsement

13.201 Original application for tankerman-PIC endorsement.
13.203 Service requirements.
13.205 Proof of service for tankerman-PIC endorsement.

      Subpart C_Requirements for Tankerman-PIC (Barge) Endorsement

13.301 Original application for tankerman-PIC (barge) endorsement.
13.303 Service requirements.
13.305 Proof of service for tankerman-PIC (barge).

       Subpart D_Requirements for Tankerman-Assistant Endorsement

13.401 Original application for tankerman-assistant endorsement.
13.403 Service requirements.
13.405 Proof of service for tankerman-assistant endorsement.

        Subpart E_Requirements for Tankerman-Engineer Endorsement

13.501 Original application for tankerman-engineer endorsement.
13.503 Service requirements.
13.505 Proof of service for tankerman-engineer endorsement.

         Subpart F_Requirements for STCW Tankerman Endorsements

13.601 General.
13.603 Requirements to qualify for an STCW endorsement for advanced oil
          tanker cargo operations.
13.605 Requirements to qualify for an STCW endorsement for advanced
          chemical tanker cargo operations.
13.607 Requirements to qualify for an STCW endorsement for advanced
          liquefied gas tanker cargo operations.
13.609 Requirements to qualify for an STCW endorsement for basic oil and
          chemical tanker cargo operations.
13.611 Requirements to qualify for an STCW endorsement for basic
          liquefied gas tanker cargo operations.

    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 on a merchant mariner credential (MMC).
    (a) This part prescribes the requirements for the following
endorsements:
    (1) Tankerman-PIC.
    (2) Tankerman-PIC (Barge).
    (3) Restricted Tankerman-PIC.
    (4) Restricted Tankerman-PIC (Barge).
    (5) Tankerman-assistant.
    (6) Tankerman-engineer.
    (b) This part prescribes the requirements for the following STCW
endorsements:
    (1) Advanced oil tanker cargo operation.
    (2) Advanced chemical tanker cargo operation.
    (3) Advanced liquefied gas tanker cargo operation.
    (4) Basic oil and chemical tanker cargo operation.
    (5) Basic liquefied gas tanker cargo operation.

[USCG-2004-17914, 78 FR 77987, Dec. 24, 2013]



Sec. 13.103  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal

[[Page 266]]

Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition
other than that specified in this section, the Coast Guard must publish
a 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 Coast Guard, Office of Operating and Environmental
Standards (CG-OES), 2100 2nd St. SW., Stop 7126, Washington, DC 20593-
7126, 202-372-1405, and is available from the sources listed below. It
is also available for inspection 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) International Maritime Organization (IMO), 4 Albert Embankment,
London SE1 7SR, England:
    (1) The Seafarers' Training, Certification and Watchkeeping Code, as
amended, 2011 (the STCW Code), approved for incorporation by reference
in Sec. Sec. 13.601, 13.603, 13.605, 13.607, 13.609, and 13.611; and
    (2) [Reserved]

[USCG-2004-17914, 78 FR 77987, Dec. 24, 2013]



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. 13.106  Requirement to hold an MMC.

    An applicant for any endorsement in this part must also meet the
requirements for the MMC on which the endorsement would appear. These
requirements are set out in part 10 of this subchapter.

[USCG-2006-24371, 74 FR 11259, Mar. 16, 2009, as amended by USCG-2004-
17914, 78 FR 77988, Dec. 24, 2013]



Sec. 13.107  Tankerman endorsement: General.

    (a) If an applicant meets the requirements of subpart B of this
part, the Coast Guard may endorse his or her MMC 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 license or engineer endorsement.
    (b) If an applicant meets the requirements of subpart C of this
part, the Coast Guard may endorse his or her MMC 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 Coast Guard may endorse his or her MMC 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 Coast Guard may endorse his or her

[[Page 267]]

MMC as tankerman-engineer. No person holding this endorsement may act as
a PIC or tankerman-assistant 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 dangerous liquid (DL) or liquefied gas
(LG), for maintaining both the cargo systems and equipment for transfer
of liquid cargo in bulk. No person licensed or credentialed under part
11 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 an endorsement as tankerman-engineer or equivalent.
    (e) If an applicant meets the requirements of Sec. 13.111 of this
subpart, the Coast Guard may place on his or her MMC an endorsement as a
tankerman-PIC restricted according to the definitions of ``restricted
tankerman endorsement'' in Sec. 10.107 of this subchapter.
    (f) 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; USCG-2008-0906, 73 FR 56508, Sept. 29, 2008; USCG-
2006-24371, 74 FR 11259, Mar. 16, 2009; USCG-2004-17914, 78 FR 77988,
Dec. 24, 2013]



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.

[CGD 79-116, 60 FR 17142, Apr. 4, 1995, as amended by USCG-2008-0906, 73
FR 56508, Sept. 29, 2008; USCG-2006-24371, 74 FR 11259, Mar. 16, 2009;
USCG-2004-17914, 78 FR 77988, Dec. 24, 2013]



Sec. 13.111  Restricted tankerman endorsement.

    (a) An applicant may apply 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, and/or specific employers. The Coast Guard 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 must meet Sec. Sec. 13.201 (excluding paragraph (c)(4)),
13.203, and 13.205 of this part.
    (1) Twenty-five percent of the service described in Sec. 13.203(a)
of this part must have occurred within the past 5 years.
    (2) Two of the transfers described in Sec. 13.203(b) of this part
must have occurred within the past 5 years.
    (c) To qualify for a restricted tankerman-PIC (barge) endorsement,
an applicant must meet Sec. Sec. 13.301 (excluding paragraph (c)(4)),
13.303, and 13.305 of this part.
    (1) Twenty-five percent of the service described in Sec. 13.303(a)
of this part must have occurred within the past 5 years.
    (2) Two of the transfers described in Sec. 13.303(b) of this part
must have occurred within the past 5 years.
    (d) To qualify for a restricted tankerman-PIC (barge) endorsement
restricted to a tank-cleaning and gas-freeing facility, an applicant
must--
    (1) Be at least 18 years old;
    (2) Apply on a form provided by the Coast Guard;
    (3) Present evidence of passing a physical and medical examination
according to Sec. 13.125 of this part;
    (4) Present evidence in the form of a letter, which must be dated
within the 5 years prior to the application for the credential, on
company letterhead

[[Page 268]]

from the operator of the facility stating that OSHA considers the
applicant a ``competent person (as designated under 29 CFR 1915.7)'' for
the facility and that the applicant has the knowledge necessary to
supervise tank-cleaning and gas-freeing; and
    (5) Be capable of speaking and understanding, in English, all
instructions needed to commence, conduct, and complete a transfer of
cargo, and of reading and understanding 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) A restricted tankerman-PIC endorsement limited to operation on
vessels inside the boundary line is not valid where STCW certification
is required.

[USCG-2004-17914, 78 FR 77988, Dec. 24, 2013]



Sec. 13.113  [Reserved]



Sec. 13.115  Chemical testing requirements.

    Each applicant for an original tankerman endorsement must provide
evidence of having passed a chemical test for dangerous drugs or of
qualifying for an exemption from testing in Sec. 16.220 of this chapter
as specified in Sec. 10.225(b)(5) of this subchapter.

[USCG-2004-17914, 78 FR 77988, Dec. 24, 2013]



Sec. 13.117  Re-issuance of expired tankerman endorsements.

    Whenever an applicant applies for re-issuance of an endorsement as
any tankerman rating more than 12 months after expiration of the
previous endorsement, the applicant must meet the requirements for an
original endorsement.

[USCG-2004-17914, 78 FR 77988, Dec. 24, 2013]



Sec. 13.119  Expiration of endorsement.

    An endorsement as tankerman is valid for the duration of the
merchant mariner's document or merchant mariner credential on which the
endorsement appears.

[CGD 79-116, 60 FR 17142, Apr. 4, 1995, as amended by USCG-2006-24371,
74 FR 11259, Mar. 16, 2009]



Sec. 13.120  Renewal of tankerman endorsement.

    An applicant seeking renewal of a tankerman endorsement or an STCW
endorsement valid for service on tank vessels must meet the requirements
of Sec. 10.227 of this subchapter, except Sec. 10.227(e)(1), for
renewing an MMC and meet the following additional requirements:
    (a) For endorsements as tankerman-PIC, advanced oil and chemical
tanker cargo operation; and advanced liquefied gas tanker cargo
operations, present evidence of--
    (1) At least 90 days of service during the preceding 5 years onboard
a tank vessel for which the endorsement is valid, performing duties
appropriate to the tankerman endorsement held; and participation in at
least two transfers of liquid cargo in bulk of the type for which the
endorsement is valid within the preceding 5 years; or
    (2) Completion of an approved course for Tankship: Dangerous Liquids
or Tankship: Liquefied Gases, appropriate for the endorsement to be
renewed, within the previous 5 years.
    (b) For endorsements as tankerman-assistant, basic oil and chemical
tanker cargo operation; and basic liquefied gas tanker cargo operations,
present evidence of--
    (1) At least 90 days of service during the preceding 5 years onboard
a tank vessel for which the endorsement is valid, performing duties
appropriate to the tankerman endorsement held; or
    (2) Completion of an approved course for Tankship: Dangerous Liquids
or Tankship: Liquefied Gases, appropriate for the endorsement to be
renewed, within the previous 5 years.
    (c) For endorsements as tankerman-PIC (Barge), present evidence of--
    (1) Participation in at least two transfers of liquid cargo in bulk
of the

[[Page 269]]

type for which the endorsement is valid, within the preceding 5 years;
or
    (2) Completion of a course approved for this purpose, appropriate
for the endorsement to be renewed, within the previous 5 years.
    (d) For endorsements as tankerman-engineer, present evidence of--
    (1) At least 90 days of service during the preceding 5 years onboard
a tank vessel for which the endorsement is valid, performing duties
appropriate to the tankerman endorsement held; or
    (2) Completion of a course approved for this purpose, appropriate
for the endorsement to be renewed, within the previous 5 years.

[USCG-2004-17914, 78 FR 77989, Dec. 24, 2013]



Sec. 13.121  Courses for tankerman endorsements.

    (a) This section prescribes the requirements, beyond those in
Sec. Sec. 10.302 and 10.304 of this subchapter, 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) A course that uses simulated transfers to train students in
loading and discharging tank vessels may replace up to two loadings and
two discharges, one commencement and one completion of loading, and one
commencement and one 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.
    (c) The liquid cargo course 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 Tankship: Familiarization (Dangerous
Liquids);
    (6) Tankerman assistant LG is Tankship: Familiarization (Liquefied
Gases);
    (7) Tankerman-engineer DL is Tankship: Dangerous Liquids; and
    (8) Tankerman-engineer LG is Tankship: Liquefied Gases.
    (d) The firefighting course required for an endorsement as--
    (1) Tankerman-PIC (barge) is Tank Barge: Firefighting or basic
firefighting; and
    (2) Tankerman-PIC, tankerman-assistant, and tankerman-engineer is
basic firefighting.
    (e) The Coast Guard will evaluate and approve the curricula of
courses to ensure adequate coverage of the required subjects. Training
may employ classroom instruction, demonstrations, or simulated or actual
operations.
    (1) The course curricula for Tankship Familiarization must consist
of the topics identified in Table 1 to Sec. 13.121(e) of this subpart.
    (2) The course curricula for tankerman-PIC, tankerman-PIC (barge),
and tankerman-engineer endorsements must consist of the topics
identified in Table 2 to Sec. 13.121(e) of this subpart.
    (3) The course curricula for firefighting courses must consist of
the topics identified in Table 3 to Sec. 13.121(e) of this subpart.

                       Table 1 to Sec. 13.121(e)
------------------------------------------------------------------------
    Tankship familiarization topics            1                2
------------------------------------------------------------------------
Basic knowledge of tankers:             ...............  ...............
    types of oil and chemical vessels                X                X
     or liquefied gas tanker vessels..
    general arrangement and                          X                X
     construction.....................
Basic knowledge of cargo operations:    ...............  ...............
    piping systems and valves.........               X                X
    cargo pumps and cargo handling                   X                X
     equipment........................
    loading and unloading and care in                X                X
     transit..........................
    tank cleaning, purging, gas-                     X                X
     freeing and inerting.............
Basic knowledge of the physical         ...............  ...............
 properties of oil and chemicals:
    pressure and temperature,                        X
     including vapor pressure/
     temperature relationship.........

[[Page 270]]


    types of electrostatic charge                    X
     generation.......................
    chemical symbols..................               X
Basic knowledge of the physical         ...............  ...............
 properties of liquefied gases,
 including:
    properties and characteristics....  ...............               X
    pressure and temperature,           ...............               X
     including vapor pressure/
     temperature relationship.........
    types of electrostatic charge       ...............               X
     generation.......................
    chemical symbols..................  ...............               X
Knowledge and understanding of tanker                X                X
 safety culture and safety management.
Basic knowledge of the hazards          ...............  ...............
 associated with tanker operations,
 including:
    health hazards....................               X                X
    environmental hazards.............               X                X
    reactivity hazards................               X                X
    corrosion hazards.................               X                X
    explosion and flammability hazards               X                X
    sources of ignition...............               X                X
    electrostatic hazards.............               X                X
    toxicity hazards..................               X                X
    vapor leaks and clouds............               X                X
    extremely low temperatures........  ...............               X
    pressure hazards..................  ...............               X
Basic knowledge of hazard controls:     ...............  ...............
    inerting, water padding, drying                  X                X
     agents and monitoring techniques.
    anti-static measures..............               X                X
    ventilation.......................               X                X
    segregation.......................               X                X
    cargo inhibition..................               X                X
    importance of cargo compatibility.               X                X
    atmospheric control...............               X                X
    gas testing.......................               X                X
Understanding of information on a                    X                X
 Material Safety Data Sheet (MSDS)....
Function and proper use of gas-                      X                X
 measuring instruments and similar
 equipment............................
Proper use of safety equipment and      ...............  ...............
 protective devices, including:
    breathing apparatus and tank-                    X                X
     evacuating equipment.............
    protective clothing and equipment.               X                X
    resuscitators.....................               X                X
    rescue and escape equipment.......               X                X
Basic knowledge of safe working         ...............  ...............
 practices and procedures in
 accordance with legislation and
 industry guidelines and personal
 shipboard safety relevant to oil and
 chemical tankers, including:
    precautions to be taken when                     X                X
     entering enclosed spaces.........
    precautions to be taken before and               X                X
     during repair and maintenance
     work.............................
    safety measures for hot and cold                 X                X
     work.............................
    electrical safety.................               X                X
    ship/shore safety checklist.......               X                X
Basic knowledge of first aid with                    X                X
 reference to a Material Safety Data
 Sheet (MSDS)
Basic knowledge of emergency                         X                X
 procedures, including emergency
 shutdown.............................
Basic knowledge of the effects of oil                X                X
 and chemical pollution on human and
 marine life..........................
Basic knowledge of shipboard                         X                X
 procedures to prevent pollution......
Basic knowledge of measures to be       ...............  ...............
 taken in the event of spillage,
 including the need to:
    report relevant information to the               X                X
     responsible persons..............
    assist in implementing shipboard                 X                X
     spill-containment procedures.....
    prevent brittle fracture..........  ...............               X
------------------------------------------------------------------------
Column 1_Tankship familiarization (dangerous liquids).
Column 2_Tankship familiarization (liquefied gases).


                       Table 2 to Sec. 13.121(e)
------------------------------------------------------------------------
   Tankship and tank barge course
               topics                    1        2        3        4
------------------------------------------------------------------------
General characteristics,              .......  .......  .......
 compatibility, reaction,
 firefighting procedures, and safety
 precautions for the cargoes of:....
    Bulk liquids defined as                X        X   .......
     Dangerous Liquids in 46 CFR
     Part 13........................
    Bulk liquefied gases & their      .......  .......       X        X
     vapors defined as Liquefied
     Gases in 46 CFR Part 13........
    Knowledge and understanding of         X   .......  .......
     the physical and chemical
     properties of oil and chemical
     cargoes........................
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

[[Page 271]]


    Combustion characteristics......  .......  .......       X        X
    Results of gas release to the     .......  .......       X        X
     atmosphere.....................
    Health hazards (skin contact,     .......  .......       X        X
     inhalation, and ingestion).....
    Control of flammability range     .......  .......       X        X
     with inert gas.................
    Thermal stress in structure and   .......  .......       X        X
     piping of vessel...............
Cargo systems, including:             .......  .......  .......
    Principles of containment              X        X        X        X
     systems........................
    Construction, materials,          .......  .......       X        X
     coating, & insulation of cargo
     tanks..........................
    General arrangement of cargo           X        X        X        X
     tanks..........................
    Venting and vapor-control              X        X        X        X
     systems........................
Cargo-handling systems, including:    .......  .......  .......
    Piping systems, valves, pumps,         X        X        X        X
     and expansion systems..........
    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,        X   .......       X        X
     cargo..........................
    Temperature-monitoring systems,   .......  .......       X        X
     hull...........................
    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 &     .......  .......       X        X
     ballast tanks..................
Operations connected with the         .......  .......  .......
 loading and discharging of cargo,
 including:
    Lining up the cargo and vapor-         X        X        X        X
     control systems................
    Pre-transfer inspections and           X        X        X        X
     completion of the Declaration
     of Inspection..................
    Hooking up of cargo hose,              X        X        X        X
     loading arms, and grounding-
     strap..........................
    Starting of liquid flow.........       X        X        X        X
    Calculation of loading rates....       X   .......       X
    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        X        X        X        X
     loading arms...................
    Cargo-tank-cleaning procedures         X        X   .......
     and precautions................
    Slop arrangements...............       X   .......  .......
    Ship-to-ship transfers..........       X   .......  .......
Operating procedures and sequence     .......  .......  .......
 for:
    Inerting of cargo tanks and void       X        X        X        X
     spaces.........................
    Cooldown and warmup of cargo      .......  .......       X        X
     tanks..........................
    Gas-freeing.....................       X        X        X        X
    Loaded or ballasted voyages.....       X   .......       X
    Testing of cargo-tank                  X        X        X        X
     atmospheres for oxygen & cargo
     vapor..........................
Stability and stress considerations        X        X        X        X
 connected with loading and
 discharging 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-           X        X        X        X
     handling.......................
    Emergency systems for closing          X        X   .......
     cargo tanks....................
Rules & regulations (international         X        X        X        X
 and Federal, for all tank vessels)
 on conducting operations and
 preventing pollution...............
Pollution prevention, including:      .......  .......  .......

[[Page 272]]


    Procedures to prevent air and          X        X        X        X
     water pollution................
    Measures to take in event of           X        X        X        X
     spillage.......................
    Danger from drift of vapor cloud       X        X        X        X
    Environmental protection               X   .......  .......
     equipment, including oil
     discharge monitoring equipment.
Terminology for tankships carrying         X   .......  .......
 oil and chemicals..................
Terminology for tank barges carrying  .......       X   .......
 oil and chemicals..................
Terminology for tankships carrying    .......  .......       X
 liquefied gases....................
Terminology for tank barges carrying  .......  .......  .......       X
 liquefied gases....................
Principles & procedures of crude-oil- .......  .......  .......
 washing (COW) systems, including:
Purpose.............................       X   .......  .......
    Equipment and design............       X   .......  .......
    Operations......................       X   .......  .......
    Safety precautions..............       X   .......  .......
    Maintenance of plant and               X   .......  .......
     equipment......................
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               X   .......       X
     equipment......................
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                 X        X        X        X
     requirements...................
    Pre-transfer procedures.........       X        X        X        X
    Connecting sequence.............       X        X        X        X
    Start-up sequence...............       X        X        X        X
    Normal operations...............       X        X        X        X
    Loading and unloading plans.....       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           X        X   .......
     oxygen & hydrocarbon vapors....
    Definition and hazards of              X        X        X        X
     confined spaces................
    Cargo tanks and pumprooms.......       X        X        X        X
    Evaluation and assessment of           X        X        X        X
     risks and hazards..............
    Safety precautions and                 X        X        X        X
     procedures.....................
    Enclosed space rescue...........       X   .......  .......
    Personnel protective equipment         X        X        X        X
     (PPE) and clothing.............
    Maintenance of PPE..............       X        X        X        X
    Dangers of skin contact.........       X        X        X        X
    Inhalation of vapors............       X        X   .......
    Electricity and static                 X        X        X        X
     electricity_hazards and
     precautions....................
    Emergency procedures............       X        X        X        X
    Federal regulations, national          X        X        X        X
     standards & industry guidelines
    Inspections by marine chemists &       X        X        X        X
     competent persons, including
     hot-work permits & procedures..
Vessel response plans:                .......  .......  .......
    Purpose, content, and location         X        X        X        X
     of information.................
    Procedures for notice and              X        X        X        X
     mitigation of spills...........
    Geographic-specific appendices..       X        X        X        X
    Vessel-specific appendices......       X        X        X        X
    Emergency-action checklist......       X        X        X        X
------------------------------------------------------------------------
Column 1_Tankship: Dangerous Liquids.
Column 2_Tank Barge: Dangerous Liquids.
Column 3_Tankship: Liquefied Gases.
Column 4_Tank Barge: Liquefied Gases.


                       Table 3 to Sec. 13.121(e)
------------------------------------------------------------------------
              Firefighting course topics                   1        2
------------------------------------------------------------------------
Elements of fire (Fire triangle):
    Fuel..............................................       X        X
    Source of ignition................................       X        X
    Oxygen............................................       X        X
Ignition sources (general):

[[Page 273]]


    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 (CO2),     .......       X
     foam * * *.......................................
    Pressure-water spray system in special-category     .......       X
     spaces...........................................
    Automatic sprinkler system........................  .......       X
    Emergency fire pump, emergency generator..........  .......       X
    Chemical-powder applicants........................  .......       X
    General outline of required and mobile apparatus..  .......       X
    Fireman's outfit, personal equipment..............  .......       X
    Breathing apparatus...............................  .......       X
    Resuscitation apparatus...........................  .......       X
    Smoke helmet or mask..............................  .......       X
    Fireproof life-line and harness...................  .......       X
    Fire hose, nozzles, connections, and fire axes....  .......       X
    Fire blankets.....................................  .......       X
    Portable fire extinguishers.......................       X        X
    Limitations of portable and semiportable                 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

[[Page 274]]


        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
        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 (SCBA).  .......       X
        Extinguish extensive fires with water.........  .......       X
        Extinguish fires with foam, or chemical.......  .......       X
        Fight fire in smoke-filled enclosed space       .......       X
         wearing SCBA.................................
        Extinguish fire with water fog in an enclosed   .......       X
         space with heavy smoke.......................
        Extinguish oil fire with fog applicator and     .......       X
         spray nozzles, dry-chemical, or foam
         applicators..................................
        Effect a rescue in a smoke-filled space while   .......       X
         wearing breathing apparatus..................
------------------------------------------------------------------------
Column 1_tankerman-PIC (barge).
Column 2_tankerman-PIC, tankerman-engineer, and tankerman-assistant.


[USCG-2004-17914, 78 FR 77989, Dec. 24, 2013, as amended by USCG-2014-
0688, 79 FR 58279, Sept. 29, 2014]



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 must have obtained at least 25 percent of the
qualifying service and, if the endorsement requires transfers, at least
two of the qualifying transfers, within 5 years of the date of
application.

[CGD 79-116, 60 FR 17142, Apr. 4, 1995, as amended by USCG-2004-17914,
78 FR 77994, Dec. 24, 2013]



Sec. 13.125  Physical and medical requirements.

    Each applicant for an original tankerman endorsement must meet the
physical requirements of part 10, subpart C, of this chapter.

[CGD 79-116, 60 FR 17142, Apr. 4, 1995, as amended by USCG-2006-24371,
74 FR 11259, Mar. 16, 2009; USCG-2004-17914, 78 FR 77994, Dec. 24, 2013]



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 the following:
    (1) The name of the vessel, official number for the vessel, and date
of service for each vessel.
    (2) For endorsements as tankerman-PIC, tankerman-PIC (barge), and
tankerman-assistant, the classification of cargo (DL, LG, or, for a
restricted endorsement, a specific product) handled while the applicant
accumulated the service.

[[Page 275]]

    (3) The dates, the numbers and kinds of transfers the applicants
have participated in, the ports or terminals, if applicable, and the
number of transfers that involved commencement or completion of loading
or discharge.
    (4) For endorsements as tankerman-PIC or tankerman-PIC (barge), that
the applicant has demonstrated to the satisfaction of the signer that he
or she is fully capable of supervising transfers of liquid cargo,
including--
    (i) Pre-transfer inspection;
    (ii) Pre-transfer conference and execution of the Declaration of
Inspection;
    (iii) Connection of cargo hoses or loading-arms;
    (iv) Line-up of the cargo system for loading and discharge;
    (v) Start of liquid flow during loading;
    (vi) Start of cargo pump and increase of pressure to normal
discharge pressure;
    (vii) Calculation of loading-rates;
    (viii) Monitoring;
    (ix) Topping-off of cargo tanks during loading;
    (x) Stripping of cargo tanks;
    (xi) Ballasting and deballasting, if appropriate;
    (xii) Disconnection of the cargo hoses or loading-arms; and
    (xiii) Securing of cargo systems.
    (5) For endorsements as tankerman-engineer, that the applicant has
demonstrated to the satisfaction of the signer that he or she is fully
capable of supervising transfers of fuel oil, including--
    (i) Pre-transfer inspection;
    (ii) Pre-transfer conference and execution of the Declaration of
Inspection;
    (iii) Connection of hoses or loading-arms;
    (iv) Line-up of the piping system for loading and transfer of fuel
oil;
    (v) Start of liquid flow during loading;
    (vi) Calculation of loading rates;
    (vii) Monitoring;
    (viii) Topping-off of tanks during loading;
    (ix) Disconnection of the hoses or loading arms; and
    (x) Securing of fuel oil systems.
    (b) In determining the numbers and kinds of transfers that the
applicant has participated in under paragraph (a)(3) 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 4 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 conducted during each watch.
    (5) Credit for a transfer during a watch of less than 4 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 hoses or loading-arms, the line-up of the 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 hoses or loading-arms, the line-up of the cargo system for
the discharge, the start of the 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

[[Page 276]]

that include segments of transfers. The cumulative number of transfers
must equal the minimum specified in Sec. Sec. 13.203(b) or 13.303(b) of
this subchapter.
    (c) Service on Articulated Tug Barges (ATBs). Service on ATBs with
an aggregate tonnage of 1,600 GRT or more will be creditable on a case-
by-case basis and with prior authorization by the Coast Guard, provided
the ATB equipment is comparable to tank vessel equipment. The Coast
Guard may issue blanket authorizations for classes of ATBs.

[CGD 79-116, 60 FR 17142, Apr. 4, 1995, as amended by CGD 79-116, 62 FR
25133, May 8, 1997; USCG-2004-17914, 78 FR 77994, Dec. 24, 2013]

[[Page 277]]



Sec. 13.129  Quick-reference table for tankerman endorsements.

    Table 1 to Sec. 13.129 provides a guide to the requirements for
various tankerman endorsements. Provisions in the reference sections are
controlling.

                                                                                    Table 1 to Sec. 13.129
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       Recency of
             Category                    Minimum age         Physical required        Service            service       Proof of service     Firefighting      Cargo training    English language
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Tankerman-PIC Subpart B..........  18; 13.201(a).........  Yes; Part 10,         13.203...........  13.123..........  13.205...........  13.201(c)(3).....  13.201(c)(4).....  13.201(d).
                                                            subpart C.
Tankerman-PIC (Barge) Subpart C..  18; 13.301(a).........  Yes; Part 10,         13.303...........  13.123..........  13.305...........  13.301(c)(3).....  13.301(c)(4).....  13.301(d).
                                                            subpart C.
Tankerman-Assistant Subpart D....  18; 13.401(a).........  Yes; Part 10,         13.401(e)(2).....  13.123..........  13.405...........  13.401(d)........  13.401(e)(1).....  13.401(f).
                                                            subpart C.
Tankerman-Engineer Subpart E.....  18; 13.501(a).........  Yes; Part 10,         13.503...........  13.123..........  13.505...........  13.501(c)(3).....  13.501(c)(4).....  13.501(d).
                                                            subpart C.
Restricted Tankerman-PIC.........  18; 13.111(b).........  Yes; Part 10,         13.111(b)........  13.111(b).......  13.111(b)........  13.111(b)........  No...............  13.111(b).
                                                            subpart C.
Restricted Tankerman-PIC (Barge).  18; 13.111(c).........  Yes; Part 10,         13.111(c)........  13.111(c).......  13.111(c)........  13.111(c)........  No...............  13.111(c).
                                                            subpart C.
Restricted Tankerman-PIC (Barge),  18; 13.111(d)(1)......  Yes; Part 10,         13.111(d)(4).....  No..............  13.111(d)(4).....  No...............  No...............  13.111(d)(5).
 Facility.                                                  subpart C.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[USCG-2004-17914, 78 FR 77995, Dec. 24, 2013]

[[Page 278]]



          Subpart B_Requirements for Tankerman-PIC Endorsement



Sec. 13.201  Original application for tankerman-PIC endorsement.

    Each applicant for an original tankerman-PIC endorsement must--
    (a) Be at least 18 years old;
    (b) Apply on a form provided by the Coast Guard;
    (c) Present evidence of--
    (1) Passing a physical and medical examination in accordance with
Sec. 13.125 of this part;
    (2) Service on tankships in accordance with Sec. 13.203 of this
subpart;
    (3) Completion of an approved firefighting course that provides
training in the subjects listed in Table 1 to Sec. 13.121(g) of this
part completed within 5 years of the date of application for the
endorsement, unless he or she has previously submitted such a
certificate for a license, tankerman endorsement, or officer endorsement
on an MMC; and
    (4) Completion of an approved course for Tankship: Dangerous Liquids
or Tankship: Liquefied Gases appropriate to the endorsement applied for
within the previous 5 years. A course certificate used for original
issuance or renewal of an endorsement cannot be used for a subsequent
renewal of the same endorsement; and
    (d) 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 and understanding the English language
found in the Declaration of Inspection, vessel response plans, and
Material Safety Data Sheet.

[USCG-2004-17914, 78 FR 77995, Dec. 24, 2013]



Sec. 13.203  Service requirements.

    Each applicant for a tankerman-PIC endorsement for DL or LG must
meet the requirements of either paragraphs (a) and (b) or paragraph (c)
of this section.
    (a) Each applicant must present evidence of--
    (1) At least 90 days of service as a deck officer or an 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 rating 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 must 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 or MMC endorsed tankerman-
PIC for DL and seeking an endorsement for LG, or the converse, must--
    (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; USCG-2006-24371, 74 FR 11259, Mar. 16, 2009; USCG-
2004-17914, 78 FR 77995, Dec. 24, 2013]



Sec. 13.205  Proof of service for tankerman-PIC endorsement.

    Proof of service must be provided in 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).

[CGD 79-116, 60 FR 17142, Apr. 4, 1995, as amended by USCG-2004-17914,
78 FR 77995, Dec. 24, 2013]

[[Page 279]]



      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) endorsementmust--
    (a) Be at least 18 years old;
    (b) Apply on a form provided by the Coast Guard;
    (c) Present evidence of--
    (1) Passing a physical and medical examination according to Sec.
13.125 of this part;
    (2) Service on tank vessels in accordance with Sec. 13.303 of this
subpart;
    (3) Completion of an approved Tank Barge: Firefighting course
providing training in the subjects identified in Table 1 to Sec.
13.121(g) of this part completed within 5 years of the date of
application for the endorsement, unless he or she has previously
submitted such a certificate for a license, tankerman endorsement, or
officer endorsement on an MMC; and
    (4) Completion of an approved Tank Barge: Dangerous Liquids or Tank
Barge: Liquefied Gases course appropriate for the endorsement applied
for within the previous 5 years. A course certificate used for original
issuance or renewal of an endorsement cannot be used for a subsequent
renewal of the same endorsement; and
    (d) 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 and understanding the English language
found in the Declaration of Inspection, vessel response plans, and
Material Safety Data Sheet.

[USCG-2004-17914, 78 FR 77995, Dec. 24, 2013]



Sec. 13.303  Service requirements.

    Each applicant for a tankerman-PIC (barge) endorsement for DL or LG
must meet the requirements of either paragraphs (a) and (b) or paragraph
(c) of this section.
    (a) Each applicant must 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 or MMC endorsed tankerman-
PIC (barge) for DL and seeking an endorsement for LG, or the converse,
must--
    (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; USCG-2006-24371, 74 FR 11260, Mar. 16, 2009; USCG-
2004-17914, 78 FR 77996, Dec. 24, 2013]



Sec. 13.305  Proof of service for tankerman-PIC (barge).

    Proof of service must be provided in 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)(4)(vii).

[CGD 79-116, 62 FR 25134, May 8, 1997, as amended by USCG-2004-17914, 78
FR 77996, Dec. 24, 2013]

[[Page 280]]



       Subpart D_Requirements for Tankerman-Assistant Endorsement



Sec. 13.401  Original application for tankerman-assistant endorsement.

    Each applicant for a tankerman-assistant endorsement must--
    (a) Be at least 18 years old;
    (b) Apply on a form provided by the Coast Guard;
    (c) Present evidence of passing a physical and medical examination
according to Sec. 13.125 of this part;
    (d) Present evidence of completion of an approved firefighting
course providing training in the subjects identified in Table 1 to Sec.
13.121(g) of this part completed within 5 years of the date of
application for the endorsement, unless he or she has previously
submitted such a certificate for a license, tankerman endorsement, or
officer endorsement on an MMC;
    (e) Present evidence of either--
    (1) Completion of an approved Tankship Familiarization course
providing training in the subjects identified in Table 1 to Sec.
13.121(e) of this part within the previous 5 years. A course certificate
used for original issuance or renewal of an endorsement cannot be used
for a subsequent renewal of the same endorsement; or
    (2) 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 and successfully complete a professional examination for the
topics identified in Table 1 to Sec. 13.121(e) of this part; and
    (f) Be capable of speaking and understanding, in English, all
instructions needed to commence, conduct, and complete a transfer of
cargo.

[USCG-2004-17914, 78 FR 77996, Dec. 24, 2013]



Sec. 13.403  Service requirements.

    (a) Each applicant already holding an MMD or MMC endorsed tankerman-
assistant for DL and seeking one for LG, or the converse, must--
    (1) Provide evidence of at least half the service required in Sec.
13.401(e)(2) of this subpart and successfully complete a professional
examination for the topics identified in Table 1 to Sec. 13.121(e) of
this part appropriate to the endorsement applied for; or
    (2) Complete a course in DL or LG appropriate to the endorsement
applied for as prescribed in Sec. 13.401(e)(1) of this subpart.
    (b) [Reserved]

[USCG-2004-17914, 78 FR 77996, Dec. 24, 2013]



Sec. 13.405  Proof of service for tankerman-assistant endorsement.

    Service must be proved by either--
    (a) 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 name of the vessel(s), the applicable dates, and the port(s)
or terminal(s);
    (2) The classification of cargo (DL or LG) carried while the
applicant accumulated the service;
    (3) The number of days of deck service the applicant accumulated on
the tankship or self-propelled tank vessel; and
    (4) 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) Certificates of Discharge from tankships with the appropriate
classification of cargo (DL, LG, or both); and a letter on company
letterhead from the owner, operator, or master of one of the tankships
or self-propelled tank vessels stating that he or she has demonstrated--
    (1) An understanding of cargo transfers; and
    (2) 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.

[USCG-2004-17914, 78 FR 77996, Dec. 24, 2013]



        Subpart E_Requirements for Tankerman-Engineer Endorsement



Sec. 13.501  Original application for tankerman-engineer endorsement.

    Each applicant for a tankerman-engineer endorsement must--

[[Page 281]]

    (a) Be at least 18 years old;
    (b) Apply on a form provided by the Coast Guard;
    (c) Present evidence of--
    (1) Passing a physical and medical examination according to Sec.
13.125 of this part;
    (2) Service on tankships and self-propelled tank vessels in
accordance with Sec. 13.503 of this subpart;
    (3) Completion of an approved firefighting course providing training
in the subjects identified in Table 1 to Sec. 13.121(g) of this part
completed within 5 years of the date of application for the endorsement,
unless he or she has previously submitted such a certificate for a
license, tankerman endorsement, or officer endorsement on an MMC; and
    (4) Completion of an approved Tankship course in dangerous liquids
or liquefied gases, appropriate for the endorsement applied for within
the previous 5 years. A course certificate used for original issuance or
renewal of an endorsement cannot be used for a subsequent renewal of the
same endorsement; and
    (d) Be capable of speaking and understanding, in English, all
instructions needed to commence, conduct, and complete a transfer of
cargo or fuel.

[USCG-2004-17914, 78 FR 77996, Dec. 24, 2013]



Sec. 13.503  Service requirements.

    (a) Each applicant for a tankerman-engineer endorsement must present
evidence of at least--
    (1) 90 days of service as an engineering officer on tankships or
self-propelled tank vessels certified to carry DL or LG appropriate to
the endorsement applied for;
    (2) 90 days of rating 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 or MMC endorsed as
tankerman-engineer for DL and seeking an endorsement for LG, or the
converse, must 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; USCG-2006-24371, 74 FR 11260, Mar. 16, 2009;USCG-
2004-17914, 78 FR 77997, Dec. 24, 2013]



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 officer, rating, and cadet 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; USCG-2006-24371, 74 FR 11260, Mar. 16, 2009]



         Subpart F_Requirements for STCW Tankerman Endorsements

    Source: USCG-2004-17914, 78 FR 77997, Dec. 24, 2013, unless
otherwise noted.



Sec. 13.601  General.

    (a) When all tankerman endorsements are issued, renewed, or
otherwise modified, the Coast Guard will determine, upon request,
whether the applicant meets the requirements for an STCW tankerman
endorsement for service on seagoing vessels. If the applicant is
qualified, the Coast Guard will issue the appropriate endorsement. An
applicant for any STCW endorsement must hold the appropriate national
endorsement unless otherwise specified.
    (b) Applicants for an STCW tankerman endorsement must--
    (1) Meet the training and service requirements for the endorsement
sought; and
    (2) Meet the appropriate standard of competence identified in the
STCW

[[Page 282]]

Code (incorporated by reference, see Sec. 13.103 of this part).
    (c) The Coast Guard will accept the following as proof of meeting
the standards of competence:
    (1) In-service experience: Documentation of successful completion of
assessments, approved or accepted by the Coast Guard, and signed by a
qualified assessor, deck or engineering, as appropriate.
    (2) Training ship experience: Documentation of successful completion
of an approved training program involving formal training and assessment
onboard a school ship.
    (3) Simulator training: Documentation of successful completion of
training and assessment from a Coast Guard-approved course involving
maritime simulation.
    (4) Training program: Documentation of successful completion of an
approved training program involving formal training and assessments.
    (d) The Coast Guard will publish guidelines that should be used to
document successful demonstrations of competence. Organizations may
develop alternative assessment documentation for demonstrations of
competence ; however, such documentation must be approved by the Coast
Guard prior to its use and submittal with an application.



Sec. 13.603  Requirements to qualify for an STCW endorsement for
advanced oil tanker cargo operations.

    (a) Every applicant for an endorsement in advanced oil tanker cargo
operations must--
    (1) Qualify for a national endorsement as tankerman-PIC dangerous
liquid;
    (2) Meet the standards of competence identified in Table A-V/1-1-2
of the STCW Code (incorporated by reference, see Sec. 13.103 of this
part); and
    (3) Provide evidence of 90 days of sea service onboard oil tankers.
The Coast Guard will accept service submitted to qualify for a national
endorsement as required in Sec. 13.203 of this part, provided that the
service was on oil tankers.
    (b) Applicants may qualify for an endorsement in advanced oil tanker
cargo operations with a limitation to non-self-propelled vessels. To
qualify for this endorsement, an applicant must--
    (1) Hold a national endorsement as tankerman-PIC (barge) dangerous
liquids;
    (2) Provide evidence of meeting the standards of competence
identified in Table A-V/1-1-2 of the STCW Code; and
    (3) Provide evidence of at least 90 days of service, whether shore-
based or vessel-based, on one or more oil tankers. The Coast Guard will
accept service submitted to qualify for a national endorsement required
in Sec. 13.303 of this part, provided that the service was on oil
tankers.
    (c) Applicants may qualify for an endorsement in advanced oil tanker
cargo operations with a limitation to maintenance and repair of cargo
equipment. To qualify for this endorsement, an applicant must--
    (1) Qualify for a national endorsement as tankerman-engineer;
    (2) Provide evidence of meeting the standards of competence
identified in Table A-V/1-1-2 of the STCW Code applicable to maintenance
and repair of cargo equipment; and
    (3) Provide evidence of--
    (i) At least 90 days of service as an engineering officer on oil
tankers;
    (ii) At least 90 days of rating or cadet service on deck or in the
engine department on oil tankers; or
    (iii) A combination of the service in paragraphs (c)(3)(i) and
(c)(3)(ii) of this section.
    (d) Applicants holding an endorsement in advanced chemical tanker
cargo operations or advanced liquefied gas tanker cargo operations may
qualify for an endorsement in advanced oil tanker cargo operations by
completing, in a supernumerary capacity, an approved training program
onboard oil tankers. The program must be at least 1 month and include at
least three loading and three discharge operations.
    (e) Grandfathering. Seafarers holding valid tankerman-PIC dangerous
liquid, tankerman-PIC (barge) dangerous liquid, or tankerman-engineer
endorsements issued prior to March 24, 2014, will be issued STCW
endorsements for advanced oil and chemical tanker cargo operations, with
any appropriate limitations, without meeting the requirements of this
section. Seafarers

[[Page 283]]

holding an endorsement as tankerman-PIC (barge) dangerous liquid, and
holding an advanced oil tanker cargo operations endorsement issued on or
before March 24, 2014, will be limited to non-self-propelled vessels.
Seafarers holding an endorsement as tankerman-engineer, and holding an
advanced oil tanker cargo operations endorsement issued on or before
March 24, 2014, will be limited to maintenance and repair of cargo
equipment. After March 24, 2014, all seafarers applying for an original
endorsement in advanced oil tanker cargo operations must meet the
requirements of this section.



Sec. 13.605  Requirements to qualify for an STCW endorsement for
advanced chemical tanker cargo operations.

    (a) Every applicant for an endorsement in advanced chemical tanker
cargo operations must:
    (1) Qualify for a national endorsement as tankerman-PIC dangerous
liquid;
    (2) Meet the standards of competence identified in Table A-V/1-1-3
of the STCW Code (incorporated by reference, see Sec. 13.103 of this
part); and
    (3) Provide evidence of 90 days of sea service onboard chemical
tankers. The Coast Guard will accept service submitted to qualify for a
national endorsement as required in Sec. 13.203 of this part, provided
that the service was on chemical tankers.
    (b) Applicants may qualify for an endorsement in advanced chemical
tanker cargo operations with a limitation to non-self-propelled vessels.
To qualify for this endorsement, an applicant must:
    (1) Qualify for a national endorsement as tankerman-PIC (barge)
dangerous liquid;
    (2) Provide evidence of meeting the standards of competence
identified in Table A-V/1-1-3 of the STCW Code; and
    (3) Provide evidence of at least 90 days of service, whether shore-
based or vessel-based, on chemical tankers. The Coast Guard will accept
service submitted to qualify for a national endorsement as required in
Sec. 13.303 of this part, provided that the service was on chemical
tankers.
    (c) Applicants may qualify for an endorsement in advanced chemical
tanker cargo operations with a limitation to maintenance and repair of
cargo equipment. To qualify for this endorsement, an applicant must:
    (1) Qualify for a national endorsement as tankerman-engineer;
    (2) Provide evidence of meeting the standards of competence
identified in Table A-V/1-1-3 of the STCW Code applicable to maintenance
and repair of cargo equipment; and
    (3) Provide evidence of--
    (i) At least 90 days of service as an engineering officer on
chemical tankers;
    (ii) At least 90 days of rating or cadet service on deck or in the
engine department on chemical tankers; or
    (iii) A combination of the service in paragraphs (c)(3)(i) and
(c)(3)(ii) of this section.
    (d) Applicants holding an endorsement in advanced oil tanker cargo
operations or advanced liquefied gas tanker cargo operations may qualify
for an endorsement in advanced chemical tanker cargo operations by
completing, in a supernumerary capacity, an approved training program
onboard chemical tankers. The program must be at least 1 month and
include at least three loading and three discharge operations.
    (e) Grandfathering. Seafarers holding valid tankerman-PIC dangerous
liquid, tankerman-PIC (barge) dangerous liquid, or tankerman-engineer
endorsements issued prior to March 24, 2014 will be issued STCW
endorsements for advanced oil and chemical tanker cargo operations, with
any appropriate limitations, without meeting the requirements of this
section. Seafarers holding an endorsement as tankerman-PIC (barge)
dangerous liquid, and holding an advanced chemical tanker cargo
operations endorsement issued on or before March 24, 2014, will be
limited to non-self-propelled vessels. Seafarers holding an endorsement
as tankerman-engineer, and holding an advanced chemical tanker cargo
operations endorsement issued on or before March 24, 2014, will be
limited to maintenance and repair of cargo equipment. After March 24,
2014, all seafarers applying

[[Page 284]]

for an original endorsement in advanced chemical tanker cargo operations
must meet the requirements of this section.



Sec. 13.607  Requirements to qualify for an STCW endorsement for
advanced liquefied gas tanker cargo operations.

    (a) Every applicant for an endorsement in advanced liquefied gas
tanker cargo operations must:
    (1) Qualify for a national endorsement as tankerman-PIC liquefied
gas;
    (2) Meet the standards of competence identified in Tables A-V/1-2-2
of the STCW Code (incorporated by reference, see Sec. 13.103 of this
part); and
    (3) Provide evidence of 90 days of service on liquefied gas tankers.
The Coast Guard will accept service submitted to qualify for a national
endorsement as required in Sec. 13.203 of this part, provided that the
service was on liquefied gas tankers.
    (b) Applicants may qualify for an endorsement in advanced liquefied
gas tanker cargo operations with a limitation to non-self-propelled
vessels. To qualify for this endorsement, an applicant must:
    (1) Qualify for a national endorsement as tankerman-PIC (barge)
liquefied gas;
    (2) Provide evidence of meeting the standards of competence
identified in Table A-V/1-2-2 of the STCW Code; and
    (3) Provide evidence of at least 90 days of service, whether shore-
based or vessel-based, on liquefied gas tankers. The Coast Guard will
accept service submitted to qualify for a national endorsement as
required in Sec. 13.303 of this part, provided that the service was on
liquefied gas tankers.
    (c) Applicants may qualify for an endorsement in advanced liquefied
gas tanker cargo operations with a limitation to maintenance and repair
of cargo equipment. To qualify for this endorsement, an applicant must:
    (1) Qualify for a national endorsement as tankerman-engineer;
    (2) Provide evidence of meeting the standards of competence
identified in Table A-V/1-2-2 of the STCW Code applicable to maintenance
and repair of cargo equipment; and
    (3) Provide evidence of--
    (i) At least 90 days of service as an engineering officer on
liquefied gas tankers;
    (ii) At least 90 days of rating or cadet service on deck or in the
engine department on liquefied gas tankers; or
    (iii) A combination of the service in paragraphs (c)(3)(i) and
(c)(3)(ii) of this section.
    (d) Applicants holding an endorsement in advanced oil tanker cargo
operations or advanced chemical tanker cargo operations may qualify for
an endorsement in advanced liquefied gas tanker cargo operations by
completing, in a supernumerary capacity, an approved training program
onboard liquefied gas tankers. The program must be at least 1 month and
include at least three loading and three discharge operations.
    (e) Grandfathering. Seafarers holding valid tankerman-PIC liquefied
gas, tankerman-PIC (barge) liquefied gas, or tankerman-engineer
endorsements issued prior to March 24, 2014, will be issued an STCW
endorsement for advanced liquefied gas tanker cargo operations, with any
appropriate limitations, without meeting the requirements of paragraph
(a) of this section. Seafarers holding an endorsement as tankerman-PIC
(barge) liquefied gas, and holding an advanced liquefied gas tanker
cargo operations endorsement issued on or before March 24, 2014, will be
limited to non-self-propelled vessels. Seafarers holding an endorsement
as tankerman-engineer, and holding an advanced liquefied gas tanker
cargo operations endorsement issued on or before March 24, 2014, will be
limited to maintenance and repair of cargo equipment. After March 24,
2014, all seafarers applying for an original endorsement in advanced
liquefied gas tanker operations must meet the requirements of this
section.



Sec. 13.609  Requirements to qualify for an STCW endorsement for basic
oil and chemical tanker cargo operations.

    (a) Every applicant for an endorsement in basic oil and chemical
tanker operations must:
    (1) Qualify for a national endorsement as tankerman-assistant
dangerous liquid; and

[[Page 285]]

    (2) Provide evidence of meeting the standards of competence
identified in Table A-V/1-1-1 of the STCW Code (incorporated by
reference, see Sec. 13.103 of this part).
    (b) Grandfathering. Seafarers holding a valid tankerman-assistant
dangerous liquid or tankerman-engineer endorsement issued prior to March
24, 2014 will be issued an STCW endorsement for basic oil and chemical
tanker cargo operations without meeting the requirements of paragraph
(a) of this section. After March 24, 2014, all seafarers applying for an
original endorsement in basic oil and chemical tanker operations must
meet the requirements of this section.



Sec. 13.611  Requirements to qualify for an STCW endorsement for basic
liquefied gas tanker cargo operations.

    (a) Every applicant for an endorsement in basic liquefied gas tanker
operations must:
    (1) Qualify for a national endorsement as tankerman-assistant
liquefied gas; and
    (2) Provide evidence of meeting the standards of competence
identified in Table A-V/1-2-1 of the STCW Code (incorporated by
reference, see Sec. 13.103 of this part).
    (b) Grandfathering. Seafarers holding a valid tankerman-assistant
liquefied gas or tankerman-engineer endorsement issued prior to March
24, 2014, will be issued an STCW endorsement for basic liquefied gas
tanker cargo operations without meeting the requirements of paragraph
(a) of this section. After March 24, 2014, all seafarers applying for an
original endorsement in basic liquefied gas tanker operations must meet
the requirements of this section.



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; 46 U.S.C.
70105.

    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) U.S. postal mail: U.S. Coast Guard National Maritime Center
(NMC-42), 100 Forbes Drive, Martinsburg, West Virginia 25404.
    (b) Electronic mail: [email protected].
    (c) World wide web: http://www.uscg.mil/nmc.

[USCG-2008-0906, 73 FR 56508, Sept. 29, 2008]

[[Page 286]]



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 barge of the United States must execute shipping
articles however prepared, manually or electronically. The master or
individual in charge and each mariner engaged or replaced must sign the
articles.
    (b) Except as provided by Sec. 14.203 of this subpart, articles are
required upon each voyage by a vessel of the United States--
    (1) Of 100 GRT 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 GRT 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 GRT or more on a voyage between a port in one State and a
port in another State other than an adjoining State.

[CGD 94-004, 61 FR 56637, Nov. 4, 1996, as amended by USCG-2004-17914,
78 FR 77999, Dec. 24, 2013]



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 must present to the master or individual
in charge of the vessel every document, certificate, credential, or
license required by law for the service the mariner would perform.

[CGD 94-004, 61 FR 56637, Nov. 4, 1996, as amended by USCG-2006-24371,
74 FR 11260, Mar. 16, 2009; USCG-2004-17914, 78 FR 77999, Dec. 24, 2013]



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 GRT or more upon a foreign or intercoastal
voyage must comply with 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, license, MMD or MMC number, capacity of
service, time due onboard to begin work, name and address of the next of
kin, and 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
comply with 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 must be left blank for coastwise voyages.
    (b) Any shipping company that manually prepares the articles may,
upon request, obtain a form from the Coast Guard.

[[Page 287]]

    (c) Any company that electronically prepares the articles may
develop its own software or buy it off the shelf; but, in either of
these cases, it must secure approval to use the software for these
purposes from the National Maritime Center at any of the addresses
provided in Sec. 14.103 of this part.

[USCG-2004-17914, 78 FR 77999, Dec. 24, 2013]



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 must prepare an original and two copies of the
articles. The original and one copy must be signed by the master or
individual in charge and by each merchant mariner; but the second copy
must not be signed by any of them.

[CGD 94-004, 61 FR 56637, Nov. 4, 1996, as amended by USCG-2004-17914,
78 FR 77999, Dec. 24, 2013]



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 must 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.

[CGD 94-004, 61 FR 56637, Nov. 4, 1996, as amended by USCG-2004-17914,
78 FR 77999, Dec. 24, 2013; USCG-2014-0688, 79 FR 58279, Sept. 29, 2014]



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 must, 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 must keep the original throughout the voyage and enter in it
all charges made to the crew during the voyage.
    (b) When a vessel of the United States sails exclusively on the
Great Lakes--
    (1) Each master or individual in charge must, 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 must 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; and
    (3) The master or individual in charge must, 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 must, 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.

[CGD 94-004, 61 FR 56637, Nov. 4, 1996, as amended by USCG-2004-17914,
78 FR 77999, Dec. 24, 2013; USCG-2014-0688, 79 FR 58279, Sept. 29, 2014]



                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 must complete and sign, and each merchant mariner
paid off during or after such a voyage must 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

[[Page 288]]

constitute a release from the duties to which they bound their parties.

[CGD 94-004, 61 FR 56637, Nov. 4, 1996, as amended by USCG-2004-17914,
78 FR 77999, Dec. 24, 2013]



Sec. 14.303  Discharge of merchant mariner in foreign port.

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

[CGD 94-004, 61 FR 56637, Nov. 4, 1996, as amended by USCG-2004-17914,
78 FR 77999, Dec. 24, 2013]



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 must make the proper
entries in it.

[CGD 94-004, 61 FR 56637, Nov. 4, 1996, as amended by USCG-2004-17914,
78 FR 77999, Dec. 24, 2013]



Sec. 14.307  Entries on certificate of discharge.

    (a) Each master or individual in charge of a vessel must, 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 must sign them with permanent ink. The
prescribed format for a certificate of discharge is the same as the
current form CG-718A. The form has the mariner's printed name,
signature, citizenship, MMD or MMC number, certification statement,
date, master's signature, 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 nature of the voyage.
    (b) Each mariner being discharged must sign the certificate and both
copies with permanent ink.
    (c) When the mariner leaves the vessel, the master or individual in
charge must give the original certificate to the mariner.
    (d) Except as directed by Sec. 14.313, the shipping company must
keep both copies of the certificate.
    (e) The company must 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; USCG-2006-24371, 74 FR 11260, Mar. 16,
2009; USCG-2004-17914, 78 FR 17999, Dec. 24, 2013]



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 must--
    (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 of discharge ; and
    (4) Pay to each merchant mariner all wages due.
    (b) When paid off, each mariner must sign the articles.

[CGD 94-004, 61 FR 56637, Nov. 4, 1996, as amended by USCG-2004-17914,
78 FR 77999, Dec. 24, 2013]



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 may
electronically transmit the data from the certificates of discharge to
the electronic address provided by the Coast Guard in Sec. 14.103 of
this part .
    (b) If the data is submitted manually, the shipping companies must
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

[[Page 289]]

the close of the season of the Great Lakes, or once the vessel is
withdrawn from service there, whichever occurs later), the shipping
companies must 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; USCG-2004-17914, 78 FR 78000, Dec. 24,
2013]



Sec. 14.313  Storage of shipping articles and of certificates of
discharge.

    (a) Each shipping company must keep all original shipping articles
and copies of all certificates of discharge for 3 years. After 3 years
the shipping companies must 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 must send all original articles to the address in Sec.
14.103(a) within 30 days of the transaction.
    (c) Articles sent for storage to the address in Sec. 14.103(a) of
this part that are not prepared in accordance with paragraph (a) of this
section may be returned to the shipping company for correction.
    (d) The shipping company must provide copies of shipping articles
and 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-2004-17914,
78 FR 77999, Dec. 24, 2013]



                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 Homeland Security 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 must 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

[[Page 290]]

    (12) 46 U.S.C. 10509, Penalty for failure to begin coastwise
voyages.

[CGD 94-004, 61 FR 56637, Nov. 4, 1996, as amended by USCG-2004-17914,
78 FR 77999, Dec. 24, 2013]



Sec. 14.405  Procedures.

    (a) Upon written request for the owner, charterer, managing
operator, master, or individual in charge of the vessel to the Coast
Guard OCMI 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 Coast Guard 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 Coast Guard will
issue a letter indicating any exemption granted. The master or
individual in charge of the vessel must keep the letter aboard the
vessel.
    (d) If operating conditions change, the owner, charterer, managing
operator, master, or individual in charge of the vessel must so advise
the Coast Guard . The Coast Guard 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.

[CGD 94-004, 61 FR 56637, Nov. 4, 1996, as amended by USCG-2004-17914,
78 FR 78000, Dec. 24, 2013]



Sec. 14.407  Reports.

    (a) The owner, charterer, managing operator, master, or individual
in charge of each oceanographic research vessel of 100 GRT or more must
maintain a record of the employment, discharge, or termination of
service of every merchant mariner in the crew. At least every 6 months,
the person maintaining this record shall transmit it to the Coast Guard,
either manually, in the form of a copy of a certificate of discharge, or
electronically to the address provided in Sec. 14.103 of this part.
    (b) The owner, charterer, managing operator, master, or individual
in charge of the vessel must keep original shipping articles and a copy
of each certificate of discharge ready for review by the Coast Guard or
the concerned mariner upon request. The Coast Guard will no longer keep
either original articles or copies of certificates of discharge; it will
keep only electronic records of employment.
    (c) The master or individual in charge of the vessel must ensure
that every entry made in the articles agrees with the corresponding
entry made in a continuous discharge book, on a certificate of
discharge, or in any other proof of sea service furnished to the
mariner.
    (d) Each oceanographic company must keep all original articles and
copies of all certificates of discharge for 3 years. After 3 years the
company must prepare the original shipping articles in alphabetical
order by vessel name and send to the address in Sec. 14.103(a) of this
part 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 information is entered into its sea-service database and is
validated.
    (e) Each oceanographic company that goes out of business or merges
with another company must send all original articles to the address in
Sec. 14.103(a) within 30 days of the transaction.
    (f) Articles sent for storage to the address in Sec. 14.103(a) of
this part that are not prepared in accordance with paragraph (d) of this
section may be returned to the company for correction.

[CGD 94-004, 61 FR 56637, Nov. 4, 1996, as amended by USCG-2004-17914,
78 FR 78000, Dec. 24, 2013; USCG-2014-0688, 79 FR 58279, Sept. 29, 2014]

[[Page 291]]



PART 15_MANNING REQUIREMENTS--Table of Contents



                   Subpart A_Purpose and Applicability

Sec.
15.101 Purpose of regulations.
15.102 Paperwork approval.
15.103 Incorporation by reference.
15.105 General.

Subparts B-C [Reserved]

               Subpart D_Manning Requirements; All Vessels

15.401 Employment and service within restrictions of credential.
15.403 When credentials for ratings are required.
15.404 Requirements for serving onboard a vessel.
15.405 Familiarity with vessel characteristics.
15.410 Credentialed individuals for assistance towing vessels.
15.415 [Reserved]

            Subpart E_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 (MODUs).
15.525 Additional manning requirements for tank vessels.
15.530 Large passenger vessels.

           Subpart F_Manning Requirements; Uninspected Vessels

15.601 General.
15.605 Credentialed operators for uninspected passenger vessels.
15.610 Master and mate (pilot) of towing vessels.

              Subpart G_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.-credentialed personnel.
15.725 Sailing short.
15.730 Language requirements.

                         Subpart H_Computations

15.801 General.
15.805 Master.
15.810 Mates.
15.812 Pilots.
15.815 Radar observers.
15.816 Automatic radar plotting aids (ARPAs).
15.817 Global Maritime Distress and Safety System (GMDSS) radio
          operator.
15.818 Global Maritime Distress and Safety System (GMDSS) at-sea
          maintainer.
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.
15.865 Qualified member of the engine department (QMED).

                          Subpart I_Equivalents

15.901 Inspected vessels of less than 100 GRT.
15.905 Uninspected passenger vessels.
15.910 Towing vessels.
15.915 Engineer officer endorsements.

                   Subpart J_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.

            Subpart K_Vessels Subject to Requirements of STCW

15.1101 General.
15.1103 Employment and service within the restrictions of an STCW
          endorsement or of a certificate of training.
15.1105 Familiarization and basic training (BT).
15.1107 Maintenance of merchant mariners' records by owner or operator.
15.1109 Watches.
15.1111 Work hours and rest periods.
15.1113 Security personnel.

    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; Sec. 617, Pub. L. 111-281, 124 Stat. 2905; and
Department of Homeland Security Delegation No. 0170.1.

    Source: CGD 81-059, 52 FR 38652, Oct. 16, 1987, unless otherwise
noted.

[[Page 292]]



                   Subpart A_Purpose and Applicability



Sec. 15.101  Purpose of regulations.

    The purpose of 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., implement various international conventions which affect
merchant marine personnel, and provide the means for establishing the
complement necessary for safe operation of vessels.

[CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended by USCG-2004-17914,
78 FR 78000, Dec. 24, 2013]



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  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 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 Coast
Guard, Office of Operating and Environmental Standards (CG-OES), 2703
Martin Luther King Avenue SE. Stop 7509, Washington, DC 20593-7509, 202-
372-1405, and is available from the sources listed below. It is also
available for inspection 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) International Maritime Organization (IMO), 4 Albert Embankment,
London, SE1 7SR England:
    (1) The International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended, 2011
(STCW Convention), incorporation by reference approved for Sec. Sec.
15.403, 15.404, 15.1103, 15.1105, and 15.1109.
    (2) The Seafarers' Training, Certification and Watchkeeping Code, as
amended, 2011 (STCW Code), incorporation by reference approved for Sec.
15.1109.
    (3) The International Convention for the Safety of Life at Sea, 1974
(SOLAS), approved for incorporation by reference in Sec. Sec. 15.818
and 15.1103.

[USCG-2004-17914, 78 FR 78000, Dec. 24, 2013]



Sec. 15.105  General.

    (a) The regulations in this part apply to all vessels that 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 number of officers and rated crew to be carried
onboard certain vessels, they establish minimum qualifications
concerning licenses and MMC endorsements, citizenship, and conditions of
employment. It is the responsibility of the owner, charterer, managing
operator, master, or person in charge or in 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 (COI)
which indicates the minimum complement of officers and crew (including
lifeboatmen) considered necessary for safe operation. The COI
complements the statutory requirements but does not supersede them.
    (d) Uninspected vessels operating on an international voyage may be
issued a safe manning certificate indicating

[[Page 293]]

the minimum complement of qualified mariners necessary for safe
operation.
    (e) The regulations in subpart K of this part apply to seagoing
vessels subject to the International Convention on Standards of
Training, Certification and Watchkeeping for Seafarers, 1978, as amended
(STCW).
    (f) Persons serving on any of the following vessels, or any owner or
operator of any of these vessels, do not need to meet the requirements
of subpart K of this part, because the vessels are exempt from
application of STCW:
    (1) Fishing vessels as defined in 46 U.S.C. 2101(11)(a).
    (2) Fishing vessels used as fish-tender vessels as defined in 46
U.S.C. 2101(11)(c).
    (3) Barges as defined in 46 U.S.C. 102, including non-self-propelled
mobile offshore drilling units.
    (4) Vessels operating exclusively on the Great Lakes or on the
inland waters of the U.S. in the Straits of Juan de Fuca or on the
Inside Passage between Puget Sound and Cape Spencer.
    (5) Pilot vessels engaged on pilotage duty.
    (g) Owners and operators, and personnel serving on the following
small vessels engaged exclusively on domestic, near-coastal voyages are
in compliance with subpart K of this part and are, therefore, not
subject to further requirements for the purposes of the STCW Convention:
    (1) Small passenger vessels subject to subchapter T or K of 46 CFR
chapter I.
    (2) Vessels of less than 200 GRT, other than passenger vessels
subject to subchapter H of 46 CFR chapter I.
    (3) Uninspected passenger vessels (UPVs) as defined in 46 U.S.C.
2101(42)(B).
    (h) Personnel serving on vessels identified in paragraphs (g)(1) and
(g)(2) of this section may be issued, without additional proof of
qualification, an appropriate STCW endorsement on their license or MMC
when the Coast Guard determines that such an endorsement is necessary to
enable the vessel to engage on a single international voyage of a non-
routine nature. The STCW endorsement will be expressly limited to
service on the vessel or the class of vessels and will not establish
qualification for any other purpose.

[USCG-2004-17914, 78 FR 78000, Dec. 24, 2013]

Subpart B-C [Reserved]



               Subpart D_Manning Requirements; All Vessels

    Source: USCG-2004-17914,78 FR 17914, Dec. 24, 2013, unless otherwise
noted.



Sec. 15.401  Employment and service within restrictions of credential.

    (a) A person may not employ or engage an individual, and an
individual may not serve, in a position in which an individual is
required by law or regulation to hold a license, certificate of
registry, Merchant Mariner's Document (MMD), Transportation Worker
Identification Credential (TWIC) and/or Merchant Mariner Credential
(MMC), unless the individual holds all credentials required, 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 credential. An individual holding an active
license, certificate of registry, MMD, or MMC issued by the Coast Guard
must also hold a valid TWIC issued by the Transportation Security
Administration unless the individual is exempt under 46 CFR
10.203(b)(1).
    (b) A person may not employ or engage an individual, and an
individual may not serve in a position in which it is required by law or
regulation that the individual hold an MMC endorsed with a national
endorsement, as well as a corresponding STCW endorsement for service
outside the boundary line.
    (c) A person may not employ or engage an individual in a position
required to hold an MMC unless that individual maintains a current
medical certificate. Medical certificates must be issued and will remain
current for the following periods of time, unless otherwise noted on the
certificate:
    (1) After January 1, 2017, two years for individuals serving on
vessels to which STCW applies unless the mariner is under the age of 18,
in which case the maximum period of validity will be 1 year.

[[Page 294]]

    (2) Two years for individuals serving as a first-class pilot or
those individuals serving as pilots on vessels of 1,600 GRT or more
under Sec. 15.812 of this part.
    (3) Five years for all other mariners.
    (d) Each individual referred to in paragraph (a) of this section
must hold an MMD or MMC that serves as identification, with an
appropriate endorsement for the position in which the seaman serves, and
the MMD or MMC, along with a valid medical certificate, must be
presented to the master of the vessel at the time of employment or
before signing Articles of Agreement.
    (e) Each individual below the grades of officer and staff officer
employed on any U.S. flag merchant vessel of 100 GRT or more must
possess a valid MMD or MMC issued by the Coast Guard, except as noted
below:
    (1) Mariners on vessels navigating exclusively on rivers and lakes,
except the Great Lakes, as defined in Sec. 10.107 of this subchapter.
    (2) Mariners below the rank of officer employed on any non-self-
propelled vessel, except seagoing barges and barges to which 46 U.S.C.
chapter 37 applies.
    (3) Personnel not designated with any safety or security duties
onboard casino vessels.
    (f) Every person employed on a vessel with dual tonnages (both
domestic and international) must hold a credential authorizing service
appropriate to the tonnage scheme under which the vessel is manned and
operating.



Sec. 15.403  When credentials for ratings are required.

    (a) Every seaman referred to in this section, when required, must
produce a valid MMC or MMD with all applicable rating endorsements for
the position sought, a valid TWIC unless the mariner is exempt under 46
CFR 10.203(b)(2), and a valid medical certificate to the master of the
vessel at the time of his or her employment before signing Articles of
Agreement. Seamen who do not possess one of these credentials may be
employed at a foreign port or place within the limitations specified in
Sec. 15.720 of this part.
    (b)(1) Every person below the grades of officer and staff officer
employed on any U.S. flag merchant vessel of 100 GRT or more, except
those navigating rivers exclusively and the smaller inland lakes, must
possess a valid MMC or MMD, along with a valid medical certificate, with
all appropriate endorsements for the positions served.
    (2) No endorsements are required of any person below the rank of
officer employed on any barges except seagoing barges and barges to
which 46 U.S.C. chapter 37 applies.
    (3) No endorsements are required of any person below the rank of
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. 33 U.S.C. 151.
    (c) Each person serving as an able seafarer-deck, or a rating
forming part of a navigational watch (RFPNW), on a seagoing vessel of
500 GT or more must hold an STCW endorsement certifying him or her as
qualified to perform the navigational function at the support level, in
accordance with the STCW Convention (incorporated by reference, see
Sec. 15.103 of this part).
    (d) Each person serving as an able seafarer-engine, or a rating
forming part of an engineering watch (RFPEW), on a seagoing vessel
driven by main propulsion machinery of 1,000 HP/750 kW propulsion power
or more must hold an STCW endorsement certifying him or her as qualified
to perform the marine-engineering function at the support level, in
accordance with the STCW Convention.
    (e) Notwithstanding any other rule in this part, no person subject
to this part serving on any of the following vessels needs an STCW
endorsement:
    (1) Vessels exempted from the application of the STCW Convention,
including--
    (i) Fishing vessels as defined in 46 U.S.C. 2101(11)(a);
    (ii) Fishing vessels used as fish-tender vessels as defined in 46
U.S.C. 2101(11)(c);
    (iii) Barges as defined in 46 U.S.C. 102, including non-self-
propelled mobile offshore-drilling units;
    (iv) Vessels operating exclusively on the Great Lakes; or
    (v) Pilot vessels engaged in pilotage duty.

[[Page 295]]

    (2) Vessels not subject to any obligation under the STCW Convention
due to their special operating conditions as small vessels engaged in
domestic, near-coastal voyages, including--
    (i) Small passenger vessels subject to subchapter T or K of 46 CFR
chapter I;
    (ii) Vessels of less than 200 GRT (other than passenger vessels
subject to subchapter H of 46 CFR) chapter I; or
    (iii) Uninspected passenger vessels as defined in 46 U.S.C.
2101(42)(B).



Sec. 15.404  Requirements for serving onboard a vessel.

    (a) Ratings Forming Part of a Navigational Watch (RFPNW). Each
person serving as an RFPNW on a seagoing vessel of 500 GT or more,
subject to the STCW Convention (incorporated by reference, see Sec.
15.103 of this part), must hold an STCW endorsement attesting to his or
her qualifications to perform the navigational function at the support
level.
    (b) Able seaman. Each person serving as a rating as able seaman on a
U.S. flag vessel must hold an MMC endorsed as able seaman, except that
no credential 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 barges except seagoing barges or tank barges. Each person
serving as an able seaman on a seagoing vessel subject to the STCW
Convention must also hold an STCW endorsement as able seafarer-deck.
    (c) Ratings Forming Part of an Engineering Watch (RFPEW). Each
person serving as an RFPEW in a manned engineroom or designated to
perform duties in a periodically unmanned engineroom, on a seagoing
vessel driven by main propulsion machinery of 1,000 HP/750 kW propulsion
power or more, must hold an STCW endorsement attesting to his or her
qualifications to perform the marine-engineering function at the support
level.
    (d) Qualified Member of the Engine Department (QMED). (1) The holder
of an MMD or MMC endorsed with one or more QMED ratings may serve in any
unqualified rating in the engine department without obtaining an
additional endorsement.
    (2) A QMED may serve as a qualified rating in the engine department
only in the specific ratings endorsed on his or her MMD or MMC.
    (3) Persons serving on vessels subject to the STCW Convention as
junior engineer, pumpman/machinist, or electrician/refrigeration
engineer must also hold an STCW endorsement as able seafarer-engine.
    (e) Lifeboatman. Every person assigned duties as a lifeboatman must
hold a credential attesting to such proficiency. Persons serving on
vessels subject to the STCW Convention must also hold an STCW
endorsement in proficiency in survival craft and rescue boats other than
fast rescue boats (PSC).
    (f) Lifeboatman-limited. Every person assigned duties onboard a
vessel that is not required to carry lifeboats and is required to employ
a lifeboatman must hold an endorsement as either lifeboatman or
lifeboatman-limited. Persons serving on vessels subject to the STCW
Convention must also hold an STCW endorsement in proficiency in survival
craft and rescue boats other than lifeboats and fast rescue boats--
limited (PSC--limited).
    (g) Fast rescue boats. Every person engaged or employed in a
position requiring proficiency in fast rescue boats must hold an
endorsement attesting to such proficiency.
    (h) Entry level. Every person employed in a rating other than able
seaman or QMED on a U.S. flag vessel on which MMCs are required must
hold an MMD or MMC endorsed as wiper, ordinary seaman, steward's
department, or steward's department (F.H.).
    (i) Person in charge of medical care. Every person designated to
take charge of medical care onboard vessels subject to the STCW
Convention must hold an MMD or MMC endorsed as person in charge of
medical care.
    (j) Medical first-aid provider. Every person designated to provide
medical first aid onboard vessels subject to the STCW Convention must
hold an MMD or MMC endorsed as medical first-aid provider or a deck or
engineer officer endorsement.
    (k) GMDSS radio operator or maintainer. Every person responsible for
the operation or shipboard maintenance of

[[Page 296]]

GMDSS radio equipment onboard vessels subject to the STCW Convention
must hold an MMD or MMC endorsed as GMDSS radio operator or GMDSS radio
maintainer, as appropriate.



Sec. 15.405  Familiarity with vessel characteristics.

    Each credentialed crewmember must become familiar with the relevant
characteristics of the vessel appropriate to his or her duties and
responsibilities prior to assuming those duties and responsibilities. As
appropriate, these may include, but are not limited to, general
arrangement of the vessel, maneuvering characteristics, proper operation
of the installed navigation equipment, proper operation of 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  Credentialed individuals for assistance towing vessels.

    Every assistance towing vessel must be under the direction and
control of an individual holding a license or MMC authorizing him or her
to engage in assistance towing under the provisions of Sec. 11.482 of
this subchapter.



Sec. 15.415  [Reserved]



            Subpart E_Manning Requirements; Inspected Vessels

    Source: Redesignated by USCG-2004-17914, 78 FR 78001, Dec. 24, 2013,
unless otherwise noted.



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 to the manning required on the COI must be
made to the OCMI who last issued the COI, 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.

[CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended by USCG-2004-17914,
78 FR 78003, Dec. 24, 2013]



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 of this part, no vessel may
be navigated unless it has in its service and onboard the crew
complement required by the COI.
    (b) Any time passengers are embarked on a passenger vessel, the
vessel must have the crew complement required by the COI, whether the
vessel is underway, at anchor, made fast to shore, or aground. However,
the master may allow reduced crew for limited or special operating
conditions subject to the approval of the OCMI.
    (c) No vessel subject to inspection under 46 U.S.C. 3301 will be
navigated unless it is under the direction and control of an individual
who holds an appropriate license or officer endorsement on his or her
MMC.

[USCG-2004-17914, 78 FR 78002, Dec. 24, 2013]

[[Page 297]]



Sec. 15.520  Mobile offshore drilling units (MODUs).

    (a) The requirements in this section for MODUs supplement other
requirements in this part.
    (b) The OCMI determines the minimum number of officers 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 or officer endorsement on an MMC 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 credential.
    (d) When underway, 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, or an MMC endorsed as master and OIM. When not
underway, such a vessel must be under the command of an individual
holding the appropriate OIM credential.
    (e) A drillship must be under the command of an individual who holds
a license or MMC officer endorsement as master. When a drillship is on
location, or is maintaining its position with a dynamic positioning
system, the individual in command must hold a license as master endorsed
as OIM or an MMC with master and OIM officer endorsements.
    (f) A non-self-propelled MODU must be under the command of an
individual who holds a license or MMC officer endorsement as OIM.
    (g) An individual serving as mate on a self-propelled surface unit
when underway, other than a drillship, must hold an appropriate license,
or an MMC endorsed as mate and BS or BCO. When not underway, such a
vessel may substitute an individual holding the appropriate BS or BCO
endorsement for the mate, if permitted by the cognizant OCMI.
    (h) An individual holding a license or MMC officer endorsement as BS
is required on a non-self-propelled surface unit other than a drillship.
    (i) An individual holding a license or MMC officer endorsement as BS
may serve as BCO.
    (j) The OCMI issuing the MODU's COI 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 MODU 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 MMC officer endorsement
authorizing service as BCO.

[USCG-2004-17914, 78 FR 78003, Dec. 24, 2013]



Sec. 15.525  Additional manning requirements for tank vessels.

    Parts 31 and 35 of this chapter contain additional manning
requirements applicable to tank vessels.



Sec. 15.530  Large passenger vessels.

    (a) The owner or operator of a U.S. flag large passenger vessel must
ensure that any non-resident alien holding a Coast Guard-issued MMC
described in part 12, subpart H of this subchapter is provided the
rights, protections, and benefits of the International Labor
Organization's Merchant Shipping (Minimum Standards) Convention of 1976.
    (b) On U.S. flag large passenger vessels, non-resident aliens
holding a Coast Guard-issued MMC described in part 12, subpart H of this
subchapter--
    (1) May only be employed in the steward's department on the
vessel(s) specified on the MMC or accompanying Coast Guard letter under
Sec. 12.811 of this subchapter;
    (2) May only be employed for an aggregate period of 36 months of
actual service on all authorized U.S. flag large passenger vessels
combined, under Sec. 12.811 of this subchapter;
    (3) May not perform watchstanding, engine room duty watch, or vessel
navigation functions, under Sec. 12.811 of this subchapter; and

[[Page 298]]

    (4) May perform emergency-related duties only if, under Sec. 12.811
of this subchapter--
    (i) The emergency-related duties do not require any other rating or
endorsement, except lifeboatman as specified in Sec. 12.811 of this
subchapter;
    (ii) The non-resident alien has completed familiarization and basic
training, as required in Sec. 15.1105 of this part;
    (iii) The non-resident alien, if serving as a lifeboatman, has 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 part 12, subpart J of this
subchapter.
    (c) No more than 25 percent of the total number of ratings on a U.S.
flag large passenger vessel may be aliens, whether admitted to the
United States for permanent residence or authorized for employment in
the United States as non-resident aliens.
    (d) The owner or operator of a U.S. flag large passenger vessel
employing non-resident aliens holding Coast Guard-issued MMCs described
in part 12, subpart H of this subchapter must--
    (1) Retain custody of all non-resident alien MMCs for the duration
of employment, under Sec. 12.811 of this subchapter; and
    (2) Return all non-resident alien MMCs to the Coast Guard upon
termination of employment, under Sec. 12.811 of this subchapter.
    (e) The owner or operator of a U.S. flag large passenger vessel
employing non-resident aliens holding Coast Guard-issued MMCs described
in part 12, subpart H 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-2004-17914, 78 FR 78003, Dec. 24, 2013]



           Subpart F_Manning Requirements; Uninspected Vessels

    Source: Redesignated by USCG-2004-17914, 78 FR 78001, Dec. 24, 2013,
unless otherwise noted.



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  Credentialed operators for uninspected passenger vessels.

    Each uninspected passenger vessel (UPV) must be under the direction
and control of an individual credentialed by the Coast Guard, as
follows:
    (a) Every UPV of 100 GRT or more, as defined by 46 U.S.C.
2101(42)(A), must be under the command of an individual holding a
license or MMC endorsed as master. When navigated, it must be under the
direction and control of a credentialed master, pilot, or mate.
    (b) Every self-propelled UPV as defined by 46 U.S.C. 2101(42)(B)
must be under the direction and control of an individual holding a
license or MMC endorsed as or equivalent to an operator of an
uninspected passenger vessel (OUPV).
    (c) Personnel serving on UPVs engaged on international voyages must
meet the requirements of subpart K of this part.

[USCG-2004-17914, 78 FR 78004, Dec. 24, 2013]



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 (26 feet) in length, measured from end to end over the
deck (excluding sheer), must be under the direction and control of a
person holding a license or MMC officer endorsement as master or mate
(pilot) of towing vessels, or as master or mate of vessels of greater
than 200 GRT, holding either an endorsement on his or her license or MMC
for towing vessels or a completed Towing Officer Assessment Record
(TOAR) signed by a designated examiner indicating that the officer is
proficient in the operation of towing vessels. This requirement does not
apply to any vessel engaged in assistance towing.

[[Page 299]]

    (b) Any towing vessel operating in the pilotage waters of the Lower
Mississippi River must be under the control of an officer meeting the
requirements of paragraph (a) of this section who holds either a first-
class pilot's endorsement for that route or MMC officer endorsement for
the Western Rivers, or who meets the requirements of paragraph (a) of
this section and meets the requirements of either paragraphs (b)(1) or
(b)(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 subchapters N or O of this
chapter, an officer in charge of the towing vessel must have completed
12 roundtrips over this route as an observer, with at least three of
those trips during hours of darkness, and provide evidence that at least
one of the 12 roundtrips was completed 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 provide
evidence that at least one of the four roundtrips was within the last 5
years.

[USCG-1999-6224, 66 FR 20944, Apr. 26, 2001, as amended at 68 FR 35818,
June 17, 2003; USCG-2008-0906, 73 FR 56508, Sept. 29, 2008; USCG-2006-
24371, 74 FR 11261, Mar. 16, 2009; USCG-2004-17914, 78 FR 78004, Dec.
24, 2013; USCG-2014-0688, 79 FR 58279, Sept. 29, 2014]



              Subpart G_Limitations and Qualifying Factors

    Source: CGD 81-059, 52 FR 38652, Oct. 16, 1987, unless otherwise
noted. Redesignated by USCG-2004-17914, 78 FR 78001, Dec. 24, 2013.



Sec. 15.701  Officers Competency Certificates Convention, 1936.

    (a) This section implements the Officers Competency Certificates
Convention, 1936 (see 46 U.S.C. 8304), 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 or MMC officer endorsement to serve
in that capacity issued by the Coast Guard under parts 10 and 11 of this
subchapter.
    (c) A vessel to which this section applies, or a foreign flag vessel
to which the Officers Competency Certificates 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 and Border Protection Service.
    (d) Whenever a vessel is detained, the owner, charterer, managing
operator, agent, master, or individual in charge may appeal the
detention within 5 days under the provisions of Sec. 2.01-70 of this
chapter.

[CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended by USCG-2006-24371,
74 FR 11261, Mar. 16, 2009; USCG-2004-17914, 78 FR 78004, Dec. 24, 2013]



Sec. 15.705  Watches.

    (a) Title 46 U.S.C. 8104 applies 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 COI or other safe manning document 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.

[[Page 300]]

    (b) Subject to exceptions, 46 U.S.C. 8104 requires that when a
master of a seagoing vessel of more than 100 GRT establishes watches for
the officers, 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
incidental to the operation and management of the vessel.'' Solely for
the purposes of this part, the Coast Guard interprets ``sailors'' to
mean those members of the deck department other than 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. The term ``sailors'' is not
interpreted to include able seamen and ordinary seamen not performing
these duties.
    (c)(1) Subject to exceptions, 46 U.S.C. 8104(g) permits the officers
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--
    (i) Towing vessel;
    (ii) Offshore supply vessels, except as provided by paragraph (c)(2)
of this section; or
    (iii) Barge.
    (2) Paragraph (c)(1) of this section applies to an OSV of at least
6,000 GT ITC (500 GRT if GT ITC is not assigned), as defined in Sec.
125.160 of this chapter, if the individuals engaged on the vessel are in
compliance with the work hours and rest period requirements in Sec.
15.1111 of this part.
    (d) Subject to exceptions, 46 U.S.C. 8104(h) permits a master or
mate (pilot) operating a towing vessel that is at least 8 meters (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 masters or mates (pilots) serving as
operators of towing vessels that are not subject to the provisions of
the Officers' Competency Certificates Convention, 1936 (see 46 U.S.C.
8304), 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, including--
    (1) For fish processing vessels that entered into service before
January 1, 1988, the following watch requirements apply to the officers
and deck crew:
    (i) If more than 5,000 GRT--three watches.
    (ii) If more than 1,600 GRT and not more than 5,000 GRT--two
watches.
    (iii) If not more than 1,600 GRT--no watch division specified; or
    (2) For fish processing vessels that entered into service after
December 31, 1987, the following watch requirements apply to the
officers and deck crew:
    (i) If more than 5,000 GRT--three watches.
    (ii) If not more than 5,000 GRT and having more than 16 individuals
onboard, primarily employed in the preparation of fish or fish
products--two watches.
    (iii) If not more than 5,000 GRT and having not more than 16
individuals onboard, primarily employed in the preparation of fish or
fish products--no watch division specified.
    (f) Properly manned uninspected passenger vessels of at least 100
GRT--
    (1) Which are underway for no more than 12 hours in any 24-hour
period, and which are adequately moored, anchored, or otherwise secured
in a harbor of safe refuge for the remainder of that 24-hour period, may
operate with one navigational watch;
    (2) Which are underway more than 12 hours in any 24-hour period,
must provide a minimum of a two-watch system;
    (3) In no case may the crew of any watch work more than 12 hours in
any 24-hour period, except in an emergency.

[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; USCG-2006-24371, 74 FR 11261, Mar.
16, 2009; USCG-2004-17914, 78 FR 78004, Dec. 24, 2013; USCG-2012-0208,
79 FR 48924, Aug. 18, 2014]



Sec. 15.710  Working hours.

    In addition to prescribing watch requirements, 46 U.S.C. 8104 sets
limitations on the working hours of

[[Page 301]]

credentialed officers 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 credentialed officer 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 onboard 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; USCG-2006-24371, 74 FR 11261, Mar. 16,
2009; USCG-2004-17914, 78 FR 78005, Dec. 24, 2013]



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.-credentialed 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 use non-U.S.
credentialed personnel without a TWIC, 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) and
the TWIC requirement of 46 U.S.C. 70105 are waived, except for the
requirement that the master must be a U.S. citizen holding a TWIC, 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 must 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 credential that required experience, training,
and other qualifications equivalent to the U.S. credential 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 of this
part.
    (e) Non-U.S.-credentialed officers serving onboard vessels subject
to STCW must hold a ``Certificate attesting recognition'' in accordance
with part 11, subpart J of this subchapter. A mariner may serve for a
period not to exceed 3 months onboard the vessel while the Coast Guard
is processing his or her application for such a certificate.

[CGD 89-061, 55 FR 1212, Jan. 12, 1990, as amended by USCG-2006-24371,
74 FR 11261, Mar. 16, 2009; USCG-2004-17914, 78 FR 78005, Dec. 24, 2013]



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 credentialed personnel to man the vessel, the master or
person in charge may proceed on

[[Page 302]]

the voyage, having determined the vessel is sufficiently manned for the
voyage. A report of sailing short must be filed with the 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
12 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.

[CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended by USCG-2006-24371,
74 FR 11262, Mar. 16, 2009; USCG-2004-17914, 78 FR 78005, Dec. 24, 2013]



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 GRT 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 1,600 GRT or which entered into
service after December 31, 1987, and has not more than 16 individuals
onboard 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 onboard vessels departing U.S.
ports 75 percent of the crew in each department onboard 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 officers and crew that appropriate orders are
understood. The demonstration will require that orders be spoken to the
individual members of the crew by the officers in the language
ordinarily and customarily used by the officers. The orders must be
spoken directly by the officer 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.

[CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended by USCG-2006-24371,
74 FR 11262, Mar. 16, 2009; USCG-2004-17914, 78 FR 78005, Dec. 24, 2013]



                         Subpart H_Computations

    Source: CGD 81-059, 52 FR 38652, Oct. 16, 1987, unless otherwise
noted. Redesignated by USCG-2004-17914, 78 FR 78001, Dec. 24, 2013.



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

[[Page 303]]

laws, regulations, and international conventions.

[CGD 81-059, 54 FR 149, Jan. 4, 1989]



Sec. 15.805  Master.

    (a) There must be an individual holding an appropriate license as or
a valid MMC with endorsement as master in command of each of the
following vessels:
    (1) Every self-propelled, seagoing documented vessel of 200 GRT and
over.
    (2) Every self-propelled inspected vessel;
    (3) Every inspected passenger vessel;
    (4) Every inspected small passenger vessel; and
    (5) Every towing vessel of at least 8 meters (26 feet) or more in
length must be in command of a master of towing vessels, or a mariner
holding a license or MMC endorsed as master of inspected, self-propelled
vessels greater than 200 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 or MMC endorsed for master of towing vessels.
    (6) Every uninspected passenger vessel of at least 100 GRT.
    (7) Every uninspected passenger vessel engaged on an international
voyage.
    (b) On vessels subject to STCW, the individual meeting the
requirement of this section must also hold an STCW endorsement as master
with the appropriate tonnage for the vessel which he or she is
operating, except as noted in Sec. 15.105(g) of this part for vessels
on domestic near-coastal voyages.
    (c) 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; USCG-2006-24371, 74 FR 11261, Mar. 16,
2009; USCG-2004-17914, 78 FR 78005, Dec. 24, 2013]



Sec. 15.810  Mates.

    (a) The OCMI determines the minimum number of mates required for the
safe operation of inspected vessels.
    (b) The minimum number of mariners holding a license or MMC officer
endorsement as mate 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 1,000 GRT or more (except MODUs)--three mates (except
when on a voyage of less than 400 miles from port of departure to port
of final destination--two mates).
    (2) MODUs of 1,000 GRT or more:
    (i) Three mates when on a voyage of more than 72 hours.
    (ii) Two mates when on a voyage of more than 16 but not more than 72
hours.
    (iii) One mate when on a voyage of not more than 16 hours.
    (3) Vessels of 100 GRT or more but less than 1,000 GRT--two mates
(except vessels of at least 100 but less than 200 GRT on voyages which
do not exceed 24 hours in duration--one mate).
    (4) All vessels of less than 100 GRT--one mate (except vessels on
voyages not exceeding 12 hours in duration may, if the OCMI determines
it to be safe, be operated without mates).
    (5) An offshore supply vessel of 100 GRT (100 GT ITC if GRT is not
assigned) or more, but less than 6,000 GT ITC (500 GRT if GT ITC is not
assigned) as defined in Sec. 125.160 of this chapter--one credentialed
mate (except when on a voyage of at least 600 miles--two credentialed
mates). A voyage includes the accrued distance from port of departure to
port of arrival and does not include stops at offshore points.
    (6) An offshore supply vessel of at least 6,000 GT ITC (500 GRT if
GT ITC is not assigned) as defined in Sec. 125.160 of this chapter--two
credentialed mates provided that the OSV meets the requirements in 46
CFR 15.1111 (except when on a voyage of more than 600 miles--three
credentialed mates). A voyage includes the accrued distance from the
vessel's port of departure to the vessel's port of arrival. Stops at

[[Page 304]]

offshore points or facilities do not constitute separate voyages; stops
at offshore points or facilities are included in the total accrued
distance between the vessel's port of departure and the vessel's port of
arrival.
    (c) An individual in charge of the navigation or maneuvering of a
self-propelled, uninspected, documented, seagoing vessel of 200 GRT or
over must hold an appropriate license or MMC authorizing service as
mate.
    (d) Each person in charge of the navigation or maneuvering of a
towing vessel of at least 8 meters (26 feet) in length must satisfy the
requirements of Sec. 15.805(a)(5) of this part or hold a license or MMC
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 or MMC, holding
either--
    (i) A completed TOAR bearing the signature from a Designated
Examiner and stating that the Examiner found the candidate proficient;
or
    (ii) A license or MMC with officer endorsement for towing vessels.
    (e) The OCMI may increase the minimum number of mates indicated in
paragraph (b) of this section where he or she determines that the
vessel's characteristics, route, or other operating conditions create
special circumstances warranting an increase.
    (f) The Commandant will consider reductions to the number of mates
required by this section when special circumstances allowing a vessel to
be safely operated can be demonstrated.
    (g) On vessels subject to STCW, the individual meeting the
requirement of this section must also hold an STCW endorsement as
officer in charge of a navigational watch with the appropriate tonnage
for the vessel which he or she is operating, except as noted in Sec.
15.105 (g) of this part for vessels on domestic near-coastal voyages.

[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; USCG-2006-
24371, 74 FR 11262, Mar. 16, 2009; USCG-2004-17914, 78 FR 78005, Dec.
24, 2013; USCG-2012-0208, 79 FR 48924, Aug. 18, 2014]



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 COI to proceed beyond
the Boundary Line established in part 7 of this chapter, are in excess
of 1,600 GRT propelled by machinery, and are subject to inspection under
46 U.S.C. Chapter 33.
    (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 on 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 or MMC
officer endorsement as first-class pilot, operating within the
restrictions of his or her credential, may serve as pilot on any vessel
to which this section applies.
    (2) An individual holding a valid license or MMC officer endorsement
as master or mate, employed aboard a vessel within the restrictions of
his or her credential, may serve as pilot on a vessel of not more than
1,600 GRT 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) Is able to show current knowledge of the waters to be
navigated, as required in Sec. 11.713 of this subchapter; and
    (iii) Provides evidence of completing a minimum of four roundtrips
over the route to be traversed while in the wheelhouse as watchstander
or observer. At least one of the roundtrips

[[Page 305]]

must be made during the hours of darkness if the route is to be
traversed during darkness.
    (3) An individual holding a valid license or MMC officer endorsement
as master, mate, or operator employed aboard a vessel within the
restrictions of his or her credential, may serve as pilot on a tank
barge or tank barges totaling not more than 10,000 GRT/GT, described in
paragraphs (a)(1) and (a)(3) of this section, provided he or she--
    (i) Is at least 21 years old
    (ii) Is able to show current knowledge of the waters to be
navigated, as required in Sec. 11.713 of this subchapter
    (iii) Has a current physical examination in accordance with the
provisions of Sec. 11.709 of this subchapter
    (iv) Has at least 6 months of service in the deck department on
towing vessels engaged in towing operations; an
    (v) Provides evidence of completing a minimum of 12 roundtrips over
the route to be traversed, as an observer or under instruction in the
wheelhouse. At least three of the roundtrips must be made during the
hours of darkness if the route is to be traversed during darkness
    (c) An individual holding a valid license or MMC officer endorsement
as master, mate, or operator, employed aboard a vessel within the
restrictions of his or her credential, may serve as a pilot for a vessel
subject to paragraphs (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) Is able to show current knowledge of the waters to be navigated,
as required in Sec. 11.713 of this subchapter; an
    (3) Has a current physical examination in accordance with the
provisions of Sec. 11.709 of this subchapter
    (d) In any instance in which the qualifications of a person
satisfying the requirements for pilotage through the provisions of this
subpart are questioned by the Coast Guard, the individual must, within a
reasonable time, provide the Coast Guard with documentation proving
compliance with the applicable portions of paragraphs (b) and (c) of
this section
    (e) Federal pilotage requirements contained in paragraphs (a)
through (d) of this section are summarized in the following two quick
reference tables
    (1) Table 1 to Sec. 15.812(e)(1) provides a guide to the pilotage
requirements for inspected, self-propelled vessels.

    Table 1 to Sec. 15.812(e)(1)--Quick Reference Table for Federal
  Pilotage Requirements for U.S.-Inspected, Self-Propelled Vessels, Not
                           Sailing on Register
------------------------------------------------------------------------
                               Designated areas of
                                 pilotage waters    Non-designated areas
                                (routes for which    of pilotage waters
                               First-Class Pilot's   (between the 3-mile
                                 licenses or MMC     line and the start
                              officer endorsements     of traditional
                                   are issued)        pilotage routes)
------------------------------------------------------------------------
Inspected self-propelled      First-Class Pilot...  Master or Mate may
 vessels greater than 1,600                          serve as pilot if
 GRT, authorized by their                            he or she_
 COI to proceed beyond the                          1. Is at least 21
 Boundary Line, or operating                         years old;
 on the Great Lakes.                                2. Has an annual
                                                     physical exam; and
                                                    3. Maintains current
                                                     knowledge of the
                                                     waters to be
                                                     navigated.\1\
Inspected self-propelled      First-Class Pilot,    Master or Mate may
 vessels not more than 1,600   or Master or Mate     serve as pilot if
 GRT, authorized by their      may serve as pilot    he or she_
 COI to proceed beyond the     if he or she_        1. Is at least 21
 Boundary Line, or operating  1. Is at least 21      years old;
 on the Great Lakes.           years old;.          2. Has an annual
                              2. Maintains current   physical exam; and
                               knowledge of the     3. Maintains current
                               waters to be          knowledge of the
                               navigated; and\1\.    waters to be
                              3. Has four            navigated.\1\
                               roundtrips over the
                               route.\2\.
Inspected self-propelled      First-Class Pilot...  Master or Mate may
 vessels greater than 1,600                          serve as pilot if
 GRT, not authorized by                              he or she_
 their COI to proceed beyond                        1. Is at least 21
 the Boundary Line (inland                           years old;
 route vessels); other than                         2. Has an annual
 vessels operating on the                            physical exam; and
 Great Lakes.                                       3. Maintains current
                                                     knowledge of the
                                                     waters to be
                                                     navigated.\1\
Inspected self-propelled      No pilotage           No pilotage
 vessels not more than 1,600   requirement.          requirement.
 GRT, not authorized by
 their COI to proceed beyond
 the Boundary Line (inland
 route vessels); other than
 vessels operating on the
 Great Lakes.
------------------------------------------------------------------------
\1\ One roundtrip within the past 60 months.

[[Page 306]]


\2\ If the route is to be traversed during darkness, one of the four
  roundtrips must be made during darkness.

    (2) Table 1 to Sec. 15.812(e)(2) provides a guide to the pilotage
requirements for tank barges.

    Table 1 to Sec. 15.812(e)(2)--Quick Reference Table for Federal
  Pilotage Requirements for U.S.-Inspected Tank Barges, Not Sailing on
                                Register
------------------------------------------------------------------------
                               Designated areas of
                                 pilotage waters    Non-designated areas
                                (routes for which    of pilotage waters
                               First-Class Pilot's   (between the 3-mile
                                 licenses or MMC     line and the start
                              officer endorsements     of traditional
                                   are issued)        pilotage routes)
------------------------------------------------------------------------
Tank Barges greater than      First-Class Pilot...  Master, Mate, or
 10,000 GRT/GT, authorized    Master, Mate, or       Master, Mate
 by their COI to proceed       Master, Mate          (Pilot) of towing
 beyond the Boundary Line,     (Pilot) of towing     vessels may serve
 or operating on the Great     vessels may serve     as pilot if he or
 Lakes.                        as pilot if he or     she:
                               she:.                1. Is at least 21
                              1. Is at least 21      years old;
                               years old;.          2. Has an annual
                              2. Has an annual       physical exam; \2\
                               physical exam;.      3. Maintains current
                              3. Maintains current   knowledge of the
                               knowledge of the      waters to be
                               waters to be          navigated;\1\ and
                               navigated;\1\ and.   4. Has at least 6
                              4. Has at least 6      months' service in
                               months' service in    the deck department
                               the deck department   on towing vessels
                               on towing vessels     engaged in towing
                               engaged in towing.    operations
Tank Barges 10,000 GRT/GT or  First-Class Pilot,
 less, authorized by their     or Master, Mate, or
 COI to proceed beyond the     Master, Mate
 Boundary Line, or operating   (Pilot) of towing
 on the Great Lakes.           vessels may serve
                               as pilot if he or
                               she:
                              1. Is at least 21
                               years old;.
                              2. Has an annual
                               physical exam; \2\.
                              3. Maintains current
                               knowledge of the
                               waters to be
                               navigated; \1\.
                              4. Has at least 6
                               months' service in
                               the deck department
                               on towing vessels
                               engaged in towing
                               operations; and.
                              5. Has 12 roundtrips
                               over the route.\3\.
Tank Barges authorized by     No pilotage           No pilotage
 their COI for inland routes   requirement.          requirement.
 only (lakes, bays, and
 sounds/rivers); other than
 vessels operating on the
 Great Lakes
------------------------------------------------------------------------
\1\ One roundtrip within the past 60 months.
\2\ Annual physical exam does not apply to an individual who will serve
  as a pilot of a tank barge of less than 1,600 GRT.
\3\ If the route is to be traversed during darkness, three of the 12
  roundtrips must be made during darkness.

    (f) In Prince William Sound, Alaska, coastwise seagoing vessels over
1,600 GRT and propelled by machinery and subject to inspection under 46
U.S.C. Chapter 37 must--
    (1) When operating from 6049 north latitude to the Port of Valdez,
be under the direction and control of an individual holding a valid
license or MMC endorsed as pilot who--
    (i) Is operating under the authority of a license or MMC
    (ii) Holds a license issued by the State of Alaska; an
    (iii) Is not a crewmember of the vessel; an
    (2) Navigate with either two credentialed deck officers on the
bridge or an individual holding a valid license or MMC endorsed as
pilot, when operating south of 6049 north latitude and in the
approaches through Hinchinbrook Entrance and in the area bounded--
    (i) On the West by a line 1 mile west of the western boundary of the
Traffic Separation Scheme
    (ii) On the East by 14600 West longitude;
    (iii) On the North by 6049 North latitude; and
    (iv) On the South by that area of Hinchinbrook Entrance within the
territorial sea bounded by 6007 North latitude and 14631.5 West
longitude

[USCG-2004-17914, 78 FR 78005, Dec. 24, 2013]



Sec. 15.815  Radar observers.

    (a) Each person in the required complement of deck officers,
including the master, on inspected vessels of 300 GRT or over which are
radar equipped, must hold an endorsement as radar observer.
    (b) Each person who is employed or serves as pilot in accordance
with Federal law onboard radar-equipped vessels

[[Page 307]]

of 300 GRT or over must hold an endorsement as radar observer.
    (c) Each person having to hold a license or MMC officer endorsement
under 46 U.S.C. 8904(a) for employment or service as master or mate
onboard an uninspected towing vessel of 8 meters (26 feet) or more in
length must, if the vessel is equipped with radar, hold an endorsement
as radar observer.
    (d) Each person who is required to hold a radar endorsement must
have his or her certificate of training readily available to demonstrate
that the endorsement is still valid.
    (e) For this section, ``readily available'' means that the
documentation must be provided to the Coast Guard, or other appropriate
Federal agency, within 48 hours of a request by the Coast Guard or other
agency. The documentation may be provided by the individual, or his or
her company representative, electronically, by facsimile, or physical
copy.

[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; USCG-2006-26202, 73 FR 52795, Sept.
11, 2008; USCG-2006-24371, 74 FR 11262, Mar. 16, 2009; USCG-2004-17914,
78 FR 78007, Dec. 24, 2013; USCG-2014-0688, 79 FR 58279, Sept. 29, 2014]



Sec. 15.816  Automatic radar plotting aids (ARPAs).

    Every person in the required complement of deck officers, including
the master, on seagoing vessels equipped with automatic radar plotting
aids (ARPAs), except those vessels listed in Sec. 15.105(f) and (g) of
this part, must hold an appropriate STCW endorsement valid for vessels
equipped with ARPA.

[USCG-2004-17914, 78 FR 78007, Dec. 24, 2013]



Sec. 15.817  Global Maritime Distress and Safety System (GMDSS) radio
operator.

    Every person in the required complement of deck officers, including
the master, on seagoing vessels equipped with a GMDSS, except those
vessels listed in Sec. 15.105(f) and (g) of this part, must provide
evidence of a valid STCW endorsement as GMDSS radio operator.

[USCG-2004-17914, 78 FR 78007, Dec. 24, 2013]



Sec. 15.818  Global Maritime Distress and Safety System (GMDSS) at-sea
maintainer.

    Every person employed or engaged 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 (incorporated by
reference, see Sec. 15.103 of this part), must provide documentary
evidence that he or she is competent to maintain GMDSS equipment at sea.

[USCG-2004-17914, 78 FR 78008, Dec. 24, 2013]



Sec. 15.820  Chief engineer.

    (a) There must be an individual holding an MMC or license endorsed
as chief engineer or other credential authorizing service as chief
engineer employed onboard the following mechanically propelled inspected
vessels:
    (1) Seagoing or Great Lakes vessels of 200 GRT and over;
    (2) Offshore supply vessels of more than 200 GRT;
    (3) Inland (other than Great Lakes) vessels of 300 GRT or more, if
the OCMI determines that an individual with a license or the appropriate
MMC officer endorsement responsible for the vessel's mechanical
propulsion is necessary.
    (b) On vessels subject to STCW, the individual meeting the
requirement of this section must also hold an STCW endorsement as chief
engineer with the appropriate propulsion power for the vessel upon which
he or she is operating, except as noted in Sec. 15.105(g) of this part
for vessels on domestic near-coastal voyages.
    (c) An individual engaged or employed to perform the duties of chief
engineer on a mechanically propelled, uninspected, seagoing, documented
vessel of 200 GRT or more must hold an appropriately endorsed license or
MMC authorizing service as a chief engineer.

[CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended by USCG-2006-24371,
74 FR 11262, Mar. 16, 2009; USCG-2004-17914, 78 FR 78007, Dec. 24, 2013]



Sec. 15.825  Engineers.

    (a) An individual in charge of an engineering watch on a
mechanically propelled, seagoing, documented vessel of

[[Page 308]]

200 GRT or more, other than an individual described in Sec. 15.820 of
this subpart, must hold an appropriately endorsed license or MMC
authorizing service as an assistant engineer.
    (b) On vessels subject to STCW, the individual meeting the
requirement of this section must also hold an STCW endorsement as
officer in charge of an engineering watch with the appropriate
propulsion power for the vessel upon which he or she is operating,
except as noted in Sec. 15.105(g) of this part for vessels on domestic
near-coastal voyages.
    (c) An offshore supply vessel of at least 6,000 GT ITC (500 GRT if
GT ITC is not assigned) as defined in Sec. 125.160 of this chapter, for
which the Coast Guard has accepted the use of automated systems to
replace specific personnel pursuant to subpart 62.50 of this chapter,
must carry at least one credentialed assistant engineer, in addition to
the individual described in Sec. 15.820 of this subpart.
    (d) The OCMI determines the minimum number of credentialed engineers
required for the safe operation of inspected vessels.

[USCG-2004-17914, 78 FR 78008, Dec. 24, 2013, as amended by USCG-2012-
0208, 79 FR 48924, Aug. 18, 2014]



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 as found in
47 CFR part 13 and 47 CFR part 80.

[CGD 81-059, 52 FR 38652, Oct. 16, 1987. Redesignated and amended by
USCG-2004-17914, 78 FR 78001, 78008, Dec. 24, 2013]



Sec. 15.835  Staff officers.

    Staff officers, when carried, must be registered as specified in
part 11 of this chapter.

[CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended by USCG-2006-24371,
74 FR 11263, Mar. 16, 2009]



Sec. 15.840  Able seamen.

    (a) With certain exceptions, 46 U.S.C. 8702 applies to all vessels
of at least 100 GRT. At least 65 percent of the deck crew of these
vessels, excluding individuals serving as officers, 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 (OSV), sail, and fishing industry, under the provisions of
part 12 of this subchapter. 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) On vessels subject to STCW, the individual meeting the
requirement of this section must also hold an STCW endorsement as
ratings forming part of a navigational watch or able seafarer-deck
(according to Sec. 15.404(a) and (b) of this part), except as noted in
Sec. 15.105 (g) of this part for vessels on domestic near-coastal
voyages.
    (d) It is the responsibility of the master or person in charge (PIC)
to ensure that the able seamen in the service of the vessel meet the
requirements of 46 U.S.C. 7312 and 8702.

[CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended by USCG-2006-24371,
74 FR 11263, Mar. 16, 2009; USCG-2004-17914, 78 FR 78008, Dec. 24, 2013]



Sec. 15.845  Lifeboatmen.

    (a) The number of lifeboatmen required for a vessel is specified in
part 199 of this chapter; however, on vessels not equipped with
lifeboats, a lifeboatman may be replaced by a lifeboatman-limited.
    (b) On vessels subject to STCW, the individual meeting the
requirement of this section must also hold an STCW endorsement for
proficiency in survival craft, except as noted in Sec. 15.105 (g) of
this part for vessels on domestic near-coastal voyages.

[USCG-2004-17914, 78 FR 78008, Dec. 24, 2013]



Sec. 15.850  Lookouts.

    (a) 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 CFR part 83). Lookout is a function
to be performed by a member of a navigational watch.

[[Page 309]]

    (b) On vessels subject to STCW, the individual meeting the
requirement of this section must also hold at least an STCW deck
endorsement as rating forming part of a navigational watch, except as
noted in Sec. 15.105(g) of this part for vessels on domestic near-
coastal voyages.

[USCG-2004-17914, 78 FR 78008, Dec. 24, 2013]



Sec. 15.855  Cabin watchmen and fire patrolmen.

    (a) On vessels carrying passengers at night, the master or person in
charge must 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 GRT, there must be
a suitable number of watchmen trained in firefighting onboard 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
GRT 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.
    (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 of this part.

[CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended by USCG-1999-5040,
67 FR 34767, May 15, 2002; USCG-2004-17914, 78 FR 78008, Dec. 24, 2013]



Sec. 15.860  Tankerman.

    (a) The OCMI enters on the COI issued to each manned tank vessel
subject to the regulations in this chapter the number of crewmembers
required to hold valid MMDs or MMCs with the proper tankerman
endorsement. Table 1 to Sec. 15.860(a) of this section provides the
minimum requirements for tankermen aboard manned tank vessels; Table 2
to Sec. 15.860(a) of this section provides the tankerman endorsements
required for personnel aboard tankships.

           Table 1 to Sec. 15.860(a)--Minimum Requirements for Tankermen Aboard Manned Tank Vessels
----------------------------------------------------------------------------------------------------------------
                                                                                                   Tankerman-PIC
                  Tank vessels                     Tankerman-PIC     Tankerman       Tankerman     or tankerman-
                                                                     assistant       engineer       PIC (barge)
----------------------------------------------------------------------------------------------------------------
Tankship Certified for Voyages Beyond Boundary
 Line:
    Over 5,000 GRT..............................               2               3               2
    5,000 GRT or less...........................               2  ..............           \1\ 2
Tankship Not Certified for Voyages Beyond                  \2\ 2
 Boundary Line..................................
Tank Barge......................................  ..............  ..............  ..............           \3\ 2
----------------------------------------------------------------------------------------------------------------
\1\ If only one engineer is required, then only one tankerman-engineer is required.
\2\ If the total crew complement is one or two persons, then only one tankerman-PIC is required.

[[Page 310]]


\3\ If the total crew complement is one or two persons, then only one tankerman-PIC or tankerman-PIC (barge) is
  required.


              Table 2 to 15.860(a)--Tankermen Endorsements Required for Personnel Aboard Tankships
                [Endorsement for the classification of the bulk liquid cargo or residues carried]
----------------------------------------------------------------------------------------------------------------
                                                                                   Tankerman        Tankerman
 Tankship certified for voyages beyond boundary line    Tankerman-PIC               engineer        assistant
----------------------------------------------------------------------------------------------------------------
Master...............................................               X
Chief Mate...........................................               X
Chief Engineer.......................................               X      or                X
First Assistant Engineer.............................               X      or                X
Cargo Engineer.......................................               X      or                X
Credentialed Officer Acting as PIC of Transfer of                   X
 Liquid Cargo in Bulk................................
Credentialed Officer or Crewmember Not Directly        ...............  ......  ...............               X
 Supervised by PIC...................................
----------------------------------------------------------------------------------------------------------------

    (b) For each tankship of more than 5,000 GRT certified for voyages
beyond the boundary line as described in part 7 of this chapter--
    (1) At least two tankerman-PICs or restricted tankerman-PICs must be
carried;
    (2) At least three tankerman-assistants must be carried; and
    (3) At least two tankerman-engineers must be carried
    (c) For each tankship of 5,000 GRT or less certified for voyages
beyond the boundary line, as described in part 7 of this chapter--
    (1) At least two tankerman-PICs or restricted tankerman-PICs must be
carried; an
    (2) At least two tankerman-engineers must be carried, unless only
one engineer is required, in which case at least one tankerman-engineer
must be carried
    (d) For each tankship not certified for voyages beyond the boundary
line, as described in part 7 of this chapter, if the total crew
complement is--
    (1) One or two, at least one tankerman-PIC or restricted tankerman-
PIC must be carried; o
    (2) More than two, at least two tankerman-PICs or restricted
tankerman-PICs must be carried
    (e) For each tank barge manned under Sec. 31.15-5 of this chapter,
if the total crew complement is--
    (1) One or two, at least one tankerman-PIC, restricted tankerman-
PIC, tankerman-PIC (barge), or restricted tankerman-PIC (barge) must be
carried; o
    (2) More than two, at least two tankerman-PICs, restricted
tankerman-PICs, tankerman-PICs (barge), or restricted tankerman-PICs
(barge) must be carried
    (f) The following personnel aboard each tankship certified for
voyages beyond the boundary line, as described in part 7 of this
chapter, must hold valid MMDs or MMCs, endorsed as follows
    (1) The master and chief mate must each hold a tankerman-PIC or
restricted tankerman-PIC endorsement
    (2) The chief, first assistant, and cargo engineers must each hold a
tankerman-engineer or tankerman-PIC endorsement
    (3) Each credentialed officer acting as the PIC of a transfer of
liquid cargo in bulk must hold a tankerman-PIC or restricted tankerman-
PIC endorsement
    (4) Each officer or crewmember 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, must 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) All individuals serving on tankships certified for voyages
beyond the boundary line, as described in part 7 of this chapter, must
hold an appropriate STCW endorsement, as follows
    (1) For tankerman-PIC, an STCW endorsement as Advanced Oil Tanker
Cargo Operations, Advanced Chemical Tanker Cargo Operations, or Advanced
Liquefied Gas Tanker Cargo Operations, as appropriate

[[Page 311]]

    (2) For tankerman-Assistant, an STCW endorsement as Basic Oil and
Chemical Tanker Cargo Operations, or Basic Liquefied Gas Tanker Cargo
Operations, as appropriate.
    (3) For a tankerman-PIC (barge), an STCW endorsement as Advanced Oil
Tanker Cargo Operations, Advanced Chemical Tanker Cargo Operations, or
Advanced Liquefied Gas Tanker Cargo Operations, as appropriate,
including endorsements with a limitation for non-self-propelled vessels.
    (4) For a tankerman-engineer, an STCW endorsement as Advanced Oil
Tanker Cargo Operations, or Advanced Chemical Tanker Cargo Operations,
as appropriate, including endorsements with a limitation to maintenance
and repair of cargo equipment.

[USCG-2004-17914, 78 FR 78008, Dec. 24, 2013]



Sec. 15.865  Qualified member of the engine department (QMED).

    (a) Every person serving under the authority of a rating endorsement
as QMED on any United States vessel requiring QMED must hold an
endorsement as QMED.
    (b) On vessels subject to STCW, certain seafarers meeting the
requirement of this section must also hold either an STCW endorsement as
able seafarer-engine or rating forming part of an engineering watch or
designated to perform duties in a periodically unmanned engineroom
(according to Sec. 15.404(c) and (d) of this part), except as noted in
Sec. 15.105(g) of this part for vessels on domestic near-coastal
voyages.

[USCG-2004-17914, 78 FR 78009, Dec. 24, 2013]



                          Subpart I_Equivalents

    Source: CGD 81-059, 52 FR 38652, Oct. 16, 1987, unless otherwise
noted. Redesignated by USCG-2004-17914, 78 FR 78001, Dec. 24, 2013.



Sec. 15.901   Inspected vessels of less than 100 GRT.

    (a) An individual holding a license or MMC endorsed as mate or pilot
of inspected, self-propelled vessels of 200 GRT or more is authorized to
serve as master on inspected vessels of less than 100 GRT within any
restrictions on the individual's license or MMC, without further
endorsement.
    (b) An individual holding a license or MMC endorsed 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 or
MMC, without further endorsement.
    (c) An individual holding a license or MMC endorsed 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 or MMC, without further
endorsement.
    (d) An individual holding a license or MMC endorsed 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 or MMC,
without further endorsement.

[CGD 81-059, 54 FR 150, Jan. 4, 1989, as amended by USCG-2006-24371, 74
FR 11263, Mar. 16, 2009; USCG-2004-17914, 78 FR 78010, Dec. 24, 2013]



Sec. 15.905  Uninspected passenger vessels.

    (a) An individual holding a license or MMC endorsed as master or
pilot of an inspected self-propelled vessel is authorized to serve as
operator of an uninspected passenger vessel of less than 100 GRT within
any restrictions, other than tonnage limitations, on the individual's
license or MMC.
    (b) An individual holding a license or MMC endorsed 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 100 GRT or more within any restrictions, including gross
tonnage and route, on the individual's license or MMC.
    (c) An individual holding a license or MMC endorsed as mate of an
inspected self-propelled vessel (other than Great Lakes, inland, or
river vessels of less than 200 GRT) is authorized to serve as

[[Page 312]]

operator of uninspected passenger vessels of less than 100 GRT within
any restrictions, other than tonnage limitations, on the individual's
license or MMC.

[USCG-1999-5040, 67 FR 34767, May 15, 2002, as amended by USCG-2006-
24371, 74 FR 11263, Mar. 16, 2009; USCG-2004-17914, 78 FR 78010, Dec.
24, 2013]



Sec. 15.910  Towing vessels.

    No person may serve as a master or mate (pilot) of any towing vessel
without meeting the requirements of Sec. Sec. 15.805(a)(5) or 15.810(d)
of this part.

[USCG-2006-24371, 74 FR 11263, Mar. 16, 2009]



Sec. 15.915  Engineer officer endorsements.

    The following licenses and MMC officer endorsements authorize the
holder to serve as noted, within any restrictions on the license or MMC,
and as provided by Sec. 15.401 of this part:
    (a) A designated duty engineer license or endorsement authorizes
service as chief or assistant engineer on vessels of less than 500 GT in
the following manners:
    (1) A designated duty engineer limited to vessels of less than 1,000
horsepower or less than 4,000 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.
    (3) When serving on a vessel to which STCW applies, the appropriate
STCW endorsement must also be held.
    (b) A chief engineer (limited) license or endorsement authorizes
service as chief or assistant engineer on vessels of any gross tons on
inland waters and of less than 1,600 GRT on ocean, near-coastal, or
Great Lakes waters.
    (c) An assistant engineer (limited) license or endorsement
authorizes service on vessels of any gross tons on inland waters and of
less than 1,600 GRT on ocean, near-coastal, or Great Lakes waters.

[USCG-2004-17914, 78 FR 78010, Dec. 24, 2013]



                   Subpart J_Vessels in Foreign Trade

    Source: CGD 92-061, 60 FR 24796, May 10, 1995, unless otherwise
noted. Redesignated by USCG-2004-17914, 78 FR 78001 Dec. 24, 2013.



Sec. 15.1001  General.

    Self-propelled vessels engaged in foreign commerce are required to
use a pilot holding a valid MMC or license with appropriate endorsement
as a first-class pilot when operating in the navigable waters of the
United States specified in this subpart.

[CGD 92-061, 60 FR 24796, May 10, 1995, as amended by USCG-2006-24371,
74 FR 11263, Mar. 16, 2009]



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1006" N, longitude 1172142" W, thence
southwesterly to latitude 330854" N, longitude 1172436" W, thence
southwesterly to latitude 330430" N, longitude 1172142" W, thence
northeasterly to latitude 330536" N, longitude 1171854" W, thence
northwesterly along the shoreline to latitude 331006" N, longitude
1172142" W.
    (b) Huntington Beach, CA. The waters including the Golden West
Refining Company, Huntington Beach Marine Terminal, lying within an area
bounded by a line beginning at latitude 333906" N, longitude 118000"
W, thence westerly to latitude 333918" N, longitude 1180512" W,
thence southeasterly along a line drawn three nautical miles from the
baseline to latitude 333530" N, longitude 1180000" W, thence
easterly to latitude 333530" N, longitude 1175230" W, thence
northwesterly along the shoreline to latitude 333906" N, longitude
1180000" W.
    (c) El Segundo, CA. The waters including the Chevron USA, El Segundo
Marine Terminal, lying within an area bounded by a line beginning at
latitude 335618" N, longitude 1182618" W, thence westerly to
latitude 335618" N,

[[Page 313]]

longitude 1183048" W, thence southeasterly along a line drawn three
nautical miles from the baseline to latitude 335148" N, longitude
1182754" W, thence easterly to latitude 335148" N, longitude
1182400" W, thence northwesterly along the shoreline to latitude
335618" N, longitude 1182618" W.
    (d) Oxnard, CA. The waters including the Southern California Edison
Company, Mandalay Generating Station, lying within an area bounded by a
line beginning at latitude 341412" N, longitude 1191600" W, thence
westerly to latitude 341412" N, longitude 1191936" W, thence
southeasterly along a line drawn three nautical miles from the baseline
to latitude 340924" N, longitude 1191720" W, thence easterly to
latitude 340924" N, longitude 1191324" W, thence northwesterly along
the shoreline to latitude 341424" N, longitude 1191600" W.
    (e) Goleta, CA. The waters including the ARCO, Ellwood Marine
Terminal, lying within an area bounded by a line beginning at latitude
342612" N, longitude 1195700" W, thence southerly to latitude
342248" N, longitude 1195700" W, thence southeasterly along a line
drawn three nautical miles from the baseline to latitude 342106" N,
longitude 1195030.5" W, thence northerly to latitude 342418" N,
longitude 1195030" W, thence northwesterly along the shoreline to
latitude 342612" N, longitude 1195700" W.
    (f) Gaviota, CA. The waters including the Texaco Trading and
Transportation, Gaviota Marine Terminal, lying within an area bounded by
a line beginning at latitude 342806" N, longitude 1201600" W, thence
southerly to latitude 342506" N, longitude 1201600" W, thence
easterly along a line drawn three nautical miles from the baseline to
latitude 342524" N, longitude 1200830" W, thence northerly to
latitude 342824" N, longitude 1200830" W, thence westerly along the
shoreline to latitude 342806" N, longitude 1201600" W.
    (g) Moss Landing, CA. The waters including the Pacific Gas and
Electric Company Power Plant, lying within an area bounded by a line
beginning at latitude 364900" N, longitude 1214742" W, thence
westerly to latitude 364900" N, longitude 1215100" W, thence
southerly to latitude 364700" N, longitude 1215100" W thence
easterly to latitude 364700" N, longitude 1214754" W, thence
northerly along the shoreline to latitude 364900" N, longitude
1214742" W.
    (h) Estero Bay, CA. The waters including various moorings, including
the Pacific Gas and Electric Company mooring and the two Chevron Oil
Company Terminals lying within an area bounded by a line beginning at
latitude 362500" N, longitude 1205230" W, thence westerly to
latitude 362500" N, longitude 1205600" W, thence southerly to
latitude 362200" N, longitude 1205600" W, thence easterly to
latitude 362200" N, longitude 1205212" W, thence northerly along the
shoreline to latitude 362500" N, longitude 1205230" 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0942" N, longitude
1204600" W, thence southerly to latitude 350700" N, longitude
1204600" W, thence easterly to latitude 350700" N, longitude
1204300" W, thence northerly to latitude 351024" N, longitude
1204300" W, thence westerly along the shoreline to latitude 350942"
N, longitude 1204600" 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14.8N, longitude
15806.4W, thence easterly to latitude 2114.8N, longitude 15803.3W,
thence northeasterly to latitude 2115.6N, longitude 15801.1W, thence
northwesterly to latitude 2118.5N, longitude 15802.0W, thence
westerly along the shoreline to latitude 2117.8N, longitude
15806.4W.

[[Page 314]]



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4854" N;
    (b) The Cape Cod Canal; and
    (c) Buzzards Bay east of a line extending from the southernmost
point of Wilbur Point (latitude 413455" N longitude 705115" W) to
the easternmost point of Pasque Island (latitude 412655" N longitude
705030" W).

[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16.5 N.
    (2) The waters of the Northeast Cape Fear River from its confluence
with the Cape Fear River at Point Peter to Latitude 3417 N.
    (b) This subpart does not apply to any vessel on the waters
specified in paragraph (a) of this section if the laws of the State of
North Carolina require a State-licensed pilot on the vessel.

[CGD 97-073, 63 FR 57255, Oct. 27, 1998]



            Subpart K_Vessels Subject to Requirements of STCW

    Source: USCG-2004-17914, 78 FR 78010, Dec. 24, 2013, unless
otherwise noted.



Sec. 15.1101  General.

    (a) Except as noted in paragraphs (a)(1) and (2) of this section,
the regulations in this subpart apply to seagoing vessels as defined in
Sec. 10.107 of this subchapter.
    (1) The following vessels are exempt from application of the STCW
Convention:
    (i) Fishing vessels as defined in 46 U.S.C. 2101(11)(a).
    (ii) Fishing vessels used as fish-tender vessels as defined in 46
U.S.C. 2101(11)(c).
    (iii) Barges as defined in 46 U.S.C. 102, including non-self-
propelled MODUs.

[[Page 315]]

    (iv) Vessels operating exclusively on the Great Lakes or on the
inland waters of the U.S., in the Straits of Juan de Fuca, or on the
Inside Passage between Puget Sound and Cape Spencer.
    (v) Pilot vessels engaged on pilotage duty.
    (2) The following small vessels engaged exclusively on domestic
voyages are not subject to any obligation for the purposes of the STCW
Convention:
    (i) Small passenger vessels subject to subchapter T or K of 46 CFR
chapter I.
    (ii) Vessels of less than 200 GRT (other than passenger vessels
subject to subchapter H of 46 CFR chapter I).
    (iii) Uninspected passenger vessels as defined in 46 U.S.C.
2101(42)(B).
    (b) Masters, mates, and engineers serving on vessels identified in
paragraphs (a)(2)(i) and (a)(2)(ii) of this section may be issued,
without additional proof of qualification, an appropriate STCW
endorsement when the Coast Guard determines that such a document is
necessary to enable the vessel to engage on a single international
voyage of a non-routine nature. The STCW endorsement will be expressly
limited to service on the vessel or the class of vessels and will not
establish qualification for any other purpose.



Sec. 15.1103  Employment and service within the restrictions of an STCW
endorsement or of a certificate of training.

    (a) Onboard a seagoing vessel of 500 GT or more, driven by main
propulsion machinery of 1,000 HP/750 kW propulsion power or more or on
an international voyage beyond the boundary line as described in part 7
of this chapter, 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 officer,
second engineer officer, officer of the navigational or engineering
watch, or GMDSS radio operator, unless the person serving holds an
appropriate, valid STCW endorsement issued in accordance with part 11 of
this subchapter.
    (b) Onboard a seagoing vessel of 500 GT or more, no person may
employ or engage any person to serve, and no person may serve, as an
RFPNW, except for training, unless the person serving holds an
appropriate, valid STCW endorsement issued in accordance with part 12 of
this subchapter.
    (c) As of January 1, 2017, onboard a seagoing vessel of 500 GT or
more, no person may employ or engage any person to serve, and no person
may serve, as an able seafarer-deck, except for training, unless the
person serving holds an appropriate, valid STCW endorsement issued in
accordance with part 12 of this subchapter.
    (d) Onboard a seagoing vessel driven by main propulsion machinery of
1,000 HP/750 kW propulsion power or more, no person may employ or engage
any person to serve, and no person may serve, as an RFPEW, 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 endorsement issued in accordance with part 12 of this subchapter.
    (e) As of January 1, 2017, onboard a seagoing vessel driven by main
propulsion machinery of 1,000 HP/750 kW propulsion power or more, no
person may employ or engage any person to serve, and no person may
serve, as an able seafarer-engine, except for training, unless the
person serving holds an appropriate, valid STCW endorsement issued in
accordance with part 12 of this subchapter.
    (f) Onboard a passenger ship, as defined by the Convention for the
Safety of Life at Sea, 1974, as amended (SOLAS) (incorporated by
reference, see Sec. 15.103 of this part), on an international voyage,
any person serving as master, chief mate, mate, chief engineer, engineer
officer, or any person holding a license, MMD, or MMC and performing
duties relating to safety, cargo handling, or care for passengers, must
meet the appropriate requirements of Regulation V/2 of the STCW
Convention (incorporated by reference, see Sec. 15.103 of this part).
These individuals must hold documentary evidence to show they meet these
requirements.
    (g) Onboard a seagoing vessel required to comply with provisions of
the GMDSS in Chapter IV of SOLAS, no

[[Page 316]]

person may employ or engage any person to serve, and no person may
serve, as the person designated to maintain GMDSS equipment at sea, when
the service of a person so designated is used to meet the maintenance
requirements of SOLAS Regulation IV/15, which allows for capability of
at-sea electronic maintenance to ensure that radio equipment is
available for radio communication, unless the person so serving holds
documentary evidence that he or she is competent to maintain GMDSS
equipment at sea.
    (h) Medical certificate. (1) A person may not employ or engage an
individual unless that individual maintains a current medical
certificate.
    (2) After January 1, 2017, all persons employed or engaged onboard
vessels to which STCW applies must hold a medical certificate valid for
2 years unless the mariner is under the age of 18, in which case the
maximum period of validity will be 1 year.
    (3) If a mariner's medical certificate expires during a voyage, it
will remain valid until the next United States port of call, provided
that the period after expiration does not exceed 90 days.



Sec. 15.1105  Familiarization and basic training (BT).

    (a) Onboard a seagoing vessel to which this subpart applies, 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 Regulation VI/1 of the STCW Convention
(incorporated by reference, see Sec. 15.103 of this part); or
    (2) Sufficient familiarization training or instruction that he or
she--
    (i) Can communicate with other persons onboard 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 fire 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
onboard; 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) Onboard a seagoing vessel to which this subpart applies, 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 of the
vessel's arrangements, installations, equipment, procedures, and
characteristics relevant to his or her routine and emergency duties or
responsibilities, in accordance with Regulation I/14 of the STCW
Convention.
    (c) Onboard a seagoing vessel to which this subpart applies, 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 training or instruction as
set out in the standards of competence under Regulation VI/1 of the STCW
Convention, with respect to personal survival techniques, fire
prevention and fire-fighting, elementary first aid, and personal safety
and social responsibilities; and
    (2) Maintained the standard of competence under Regulation VI/1 of
the STCW Convention, with respect to personal survival techniques, fire
prevention and fire-fighting, elementary first aid, and personal safety
and social responsibilities, every 5 years.
    (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 training.

[[Page 317]]



Sec. 15.1107  Maintenance of merchant mariners' records by owner or
operator.

    For every credentialed mariner employed on a U.S.-documented
seagoing vessel, the owner or operator must ensure that the following
information is maintained and readily accessible to those in management
positions, including the master of the vessel, who are responsible for
the safety of the vessel, compliance with laws and regulations, and for
the prevention of marine pollution:
    (a) Experience and training relevant to assigned shipboard duties
(i.e., record of training completed, ship-specific familiarization and
of relevant on-the-job experience acquired).
    (b) Copies of the mariner's current credentials.



Sec. 15.1109  Watches.

    Except those serving on vessels listed in Sec. 15.105(f) and (g) of
this part, each master of a vessel that operates beyond the boundary
line, as described in part 7 of this chapter, must ensure observance of
the principles concerning watchkeeping set out in Regulation VIII/2 of
the STCW Convention and section A-VIII/2 of the STCW Code (both
incorporated by reference, see Sec. 15.103 of this part).



Sec. 15.1111  Work hours and rest periods.

    (a) Every person assigned duty as officer in charge of a
navigational or engineering watch, or duty as ratings forming part of a
navigational or engineering watch, or designated safety, prevention of
pollution, and security duties onboard any vessel that operates beyond
the boundary line, as described in part 7 of this chapter, must
receive--
    (1) A minimum of 10 hours of rest in any 24-hour period; and
    (2) 77 hours of rest in any 7-day period.
    (b) The hours of rest required under paragraph (a) of this section
may be divided into no more than two periods in any 24-hour period, one
of which must be at least 6 hours in length, and the interval between
consecutive periods of rest must not exceed 14 hours.
    (c) The requirements of paragraph (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 rest required under paragraph (a) of this
section may not be devoted to watchkeeping or other duties.
    (e) Watchkeeping personnel remain subject to the work-hour limits in
46 U.S.C. 8104 and to the conditions under which crewmembers may be
required to work.
    (f) The master must post watch schedules where they are easily
accessible. They must cover each affected person under paragraph (a) of
this section, and must take into account the rest requirements of this
section as well as port rotations and changes in the vessel's itinerary.
    (g) Records of daily hours of rest must be maintained onboard the
vessel. Each affected person under paragraph (a) of this section must
receive a copy of the records pertaining to them, which will be endorsed
by the master or by a person authorized by the master and by the
seafarer.
    (h) For every seafarer on call, such as when a machinery space is
unattended, the seafarer must have an adequate compensatory rest period
if the normal period of rest is disturbed by call-outs to work.
    (i) The master of the vessel may suspend the schedule of hours of
rest and require a seafarer to perform any hours of work necessary for
the immediate safety of the ship, persons onboard, or cargo, or for the
purpose of giving assistance to other ships or persons in distress at
sea. As soon as practicable after the situation has been restored, the
master must ensure that any seafarer who has performed work in a
scheduled rest period is provided with an adequate period of rest.
    (j) In exceptional circumstances, the master may authorize
exceptions from the hours of rest required under paragraph (a) and (b)
of this section provided that:
    (1) The hours of rest provided for in paragraph (a)(1) of this
section may be divided into no more than three periods, one of which
must be at least 6 hours in length, and neither of the other two periods
are permitted to be less than one hour in length.

[[Page 318]]

    (i) Exceptions to paragraph (a)(1) of this section must not extend
beyond two 24-hour periods in any 7-day period; and,
    (ii) The intervals between consecutive periods of rest must not
exceed 14 hours.
    (2) Exceptions to paragraphs (a)(2) and (b) of this section must not
be less than 70 hours of rest in any 7-day period.
    (3) Exceptions to paragraph (a)(2) of this section are not allowed
for more than two consecutive weeks, and the intervals between two
periods of exceptions to paragraph (a)(2) must not be less than twice
the duration of the longer exception.



Sec. 15.1113  Security personnel.

    (a) Onboard a seagoing vessel of 500 GT or more to which the
International Ship and Port Facility Security (ISPS) Code applies, all
persons performing duties as Vessel Security Officer (VSO) must hold a
valid endorsement as VSO.
    (b) Persons who hold an endorsement as VSO will be deemed to satisfy
the requirements for vessel personnel with designated security duties in
paragraph (c) of this section.
    (c) After March 24, 2014, onboard a seagoing vessel of 500 GT or
more to which the ISPS Code applies, all personnel with designated
security duties must hold a valid endorsement as vessel personnel with
designated security duties, or a certificate of course completion or
documentary evidence of onboard training from an appropriate Coast
Guard-accepted or Coast Guard-approved course meeting the requirements
of 33 CFR 104.220.
    (d) Persons who hold an endorsement as vessel personnel with
designated security duties, or a certificate of course completion or
documentary evidence of onboard training from an appropriate Coast
Guard-accepted or Coast Guard-approved course for vessel personnel with
designated security duties, will be deemed to satisfy the requirements
for all other vessel personnel in paragraph (e) of this section.
    (e) After March 24, 2014, onboard a seagoing vessel of 500 GT or
more to which the ISPS Code applies, all other vessel personnel must
hold a valid endorsement in security awareness, or a certificate of
course completion from an appropriate Coast Guard-accepted or Coast
Guard-approved course, or documentary evidence of onboard training
meeting the requirements of 33 CFR 104.225.
    (f) After March 24, 2014, onboard a seagoing vessel of 500 GT or
more to which the ISPS Code applies, all contractors, whether part-time,
full-time, temporary, or permanent, must have knowledge of the
requirements in 33 CFR 104.225, through training or equivalent job
experience. Vessel owners and operators must maintain records
documenting this requirement and produce those records to the Coast
Guard upon request.



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 319]]


    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.
    Credential is a term used to refer to any or all of the following:
    (1) Merchant mariner's document.
    (2) Merchant mariner's license.
    (3) STCW endorsement.
    (4) Certificate of registry.
    (5) Merchant mariner credential.
    Crewmember means an individual who is:
    (1) Onboard a vessel acting under the authority of a credential
issued under this subchapter, whether or not the individual is a member
of the vessel's crew; or
    (2) Engaged or employed onboard 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 credential issued under this subchapter,
except for the following:
    (i) 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;
    (ii) Scientific personnel on an oceanographic research vessel;
    (iii) Individuals on industrial vessels who are industrial
personnel, as defined in this chapter; and
    (iv) 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

[[Page 320]]

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 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;
USCG-2006-24371, 74 FR 11263, Mar. 16, 2009]



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 (CG-INV).

    (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 (CG-INV), 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

[[Page 321]]

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. 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, as amended by USCG-2009-
0702, 74 FR 49225, Sept. 25, 2009]



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]

    Editorial Note: At 74 FR 11264, Mar. 16, 2009, Sec. 16.113 was
amended; however, the amendment could not be incorporated due to
inaccurate amendatory instruction.



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 credential 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 credential under 46 CFR part 5.
    (d) If an individual who does not hold a credential 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

[[Page 322]]

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 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, Nov. 11, 1988, as amended by CGD 90-014, 56 FR
31034, July 8, 1991; USCG-2000-7759, 66 FR 42968, Aug. 16, 2001; USCG-
2006-24371, 74 FR 11264, Mar. 16, 2009]



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 (CG-INV) will
review the employer's chemical testing program to determine compliance
with the provisions of this part.

[CGD 90-014, 56 FR 60930, Nov. 29, 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; USCG-
2009-0702, 74 FR 49225, Sept. 25, 2009]



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.
10.227(e) of this

[[Page 323]]

chapter, an applicant must pass a chemical test for dangerous drugs
for--
    (1) An original issuance of a license, COR, MMD, or MMC;
    (2) The first issuance, raise of grade, or renewal of an officer
endorsement on a merchant mariner credential;
    (3) A raise of grade of a license or COR;
    (4) The first endorsement as an able seaman, lifeboatman, qualified
member of the engine department, or tankerman; or
    (5) A reissuance of a credential with a new expiration date. The
applicant must provide the results of the test to the Coast Guard
Regional Examination Center (REC) at the time of submitting an
application. The test results must be completed and dated not more than
185 days before 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, and provide the results to the Coast Guard. Applicants need
not submit additional copies of their annual chemical test for dangerous
drugs pursuant to paragraph (a) of this section if the applicant
submitted passing results of a chemical test for dangerous drugs to the
Coast Guard within 12 months of the date of application.
    (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, as amended by USCG-2006-24371,
74 FR 11264, Mar. 16, 2009]



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

[[Page 324]]

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 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 credential is required by law or

[[Page 325]]

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; USCG-2006-24371, 74 FR 11264, Mar. 16, 2009]

    Editorial Note: At 74 FR 11264, Mar. 16, 2009, Sec. 16.230 was
amended; however, a portion of the amendment could not be incorporated
due to inaccurate amendatory instruction.



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.



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 credential 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.

[CGD 86-067, 53 FR 47079, Nov. 21, 1988, as amended by USCG-2006-24371,
74 FR 11264, Mar. 16, 2009]



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

[[Page 326]]

for the employer's crewmembers and supervisory personnel. The training
program must include at least the following elements: the effects and
consequences of drug and alcohol use on personal health, safety, and
work environment; the manifestations and behavioral cues that may
indicate drug and alcohol use and abuse; and documentation of training
given to crewmembers and the employer's supervisory personnel.
Supervisory personnel must receive at least 60 minutes of training.



                 Subpart E_Management Information System



Sec. 16.500  Management Information System requirements.

    (a) 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 (CG-INV), Attn: Office of
Investigations and Casualty Analysis, U.S. Coast Guard Stop 7501, 2703
Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501 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; USCG-2009-0702, 74 FR 49225, Sept. 25,
2009; USCG-2013-0671, 78 FR 60145, Sept. 30, 2013]



                       Sec. Appendix A [Reserved]

[[Page 327]]



                    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.

    Effective Date Note: By USCG-2012-0919, 79 FR 53630, Sept. 10, 2014,
the authority citation to part 24 was revised, effective Oct. 10, 2014.
For the convenience of the user, the revised text is set forth as
follows:
    Authority: 46 U.S.C. 2103, 2113, 4302; E.O. 12234, 45 FR 58801, 3
CFR, 1980 Comp., p. 277, Sec. 1-105; Department of Homeland Security
Delegation No. 0170.1(II)(92)(a), (92)(b).

    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 2.01-7(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.

[CGFR 65-50, 30 FR 16650, Dec. 30, 1965]

    Editorial Note: For Federal Register citations affecting Sec.
24.05-1, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.

    Effective Date Note: By USCG-2012-0919, 79 FR 53630, Sept. 10, 2014,
Sec. 24.05-1 was amended by removing the phrase ``carrying passengers
or passengers-for-hire'' from Table 24.05-1(a), column 5, rows 3 and 4,
and removing the phrase ``None'' from column 5, row 6, adding in its
place the phrase ``All vessels not covered by columns 2, 3, 4, and 6.'',
effective Oct. 10, 2014; however, Table 24.05-1(a) was removed by USCG-
2014-0688, 79 FR 58279, Sept. 29, 2014.



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

[[Page 328]]

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.
    (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.

[[Page 329]]

    (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 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.

[[Page 330]]



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.

    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.

[USCG-2012-0832, 77 FR 59775, Oct. 1, 2012]



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 Applicability; preemptive effect.
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.

    Effective Date Note: By USCG-2012-0919, 79 FR 53630, Sept. 10, 2014,
the authority citation to part 25 was revised, effective Oct. 10, 2014.
For the convenience of the user, the revised text is set forth as
follows:
    Authority: 33 U.S.C. 1903(b); 46 U.S.C. 2103, 3306, 4102, 4302;
Department of Homeland Security Delegation No. 0170.1(II)(77), (92)(a),
92(b).

    Source: CGFR 65-50, 30 FR 16653, Dec. 30, 1965, unless otherwise
noted.

[[Page 331]]



                        Subpart 25.01_Application



Sec. 25.01-1  Applicable to all vessels.

    The provisions of this part shall apply to all vessels except as
specifically noted.

    Note to Sec. 25.01-1: 33 CFR parts 175, 177, 179, 181 and 183
contain additional regulations applicable to Uninspected Passenger
Vessels.

[USCG-2012-0832, 77 FR 59775, Oct. 1, 2012]



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 Coast Guard
Headquarters. Contact Commandant (CG-CVC), Attn: Office of Commercial
Vessel Compliance, U.S. Coast Guard Stop 7501, 2703 Martin Luther King
Jr. Avenue SE., Washington, DC 20593-7501 or 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)

613 Third Street, Suite 10, Annapolis, MD 21403
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; USCG-2009-0702, 74 FR 49225, Sept. 25, 2009; USCG-2010-0759, 75 FR
60002, Sept. 29, 2010; USCG-2013-0671, 78 FR 60145, Sept. 30, 2013]



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

[[Page 332]]

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 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.

    Effective Date Note: By USCG-2012-0919, 79 FR 53630, Sept. 10, 2014,
Sec. 25.25-1 was amended in paragraph (a) following the text
``noncommercial use;'', by adding the word ``and''; and in paragraph (b)
following the text ``noncommercial use'', removing the semicolon, and
adding, in its place, a period; and by removing paragraphs (c) and (d),
effective Oct. 10, 2014.



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.

    Effective Date Note: By USCG-2012-0919, 79 FR 53630, Sept. 10, 2014,
Sec. 25.25-3 was revised, effective Oct. 10, 2014. For the convenience
of the user, the revised text is set forth as follows:



Sec. 25.25-3  Definitions.

    As used in this subpart:
    (a) Approval series means the first six digits of a number assigned
by the Coast Guard to approved equipment. Where approval is

[[Page 333]]

based on a subpart of subchapter Q of this chapter, the approval series
corresponds to the number of the subpart. 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.
    (b) Approved means approved under subchapter Q of this chapter.
    (c) 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 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]

    Effective Date Note: By USCG-2012-0919, 79 FR 53630, Sept. 10, 2014,
Sec. 25.25-5 was revised, effective Oct. 10, 2014. For the convenience
of the user, the revised text is set forth as follows:



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) (1) Each vessel not carrying passengers for hire and less than
40 feet in length must have on board at least one wearable personal
flotation device (PFD) approved under subchapter Q of this chapter, and
of a suitable size for each person on board.
    (2) Each vessel carrying passengers for hire, and each vessel not
carrying passengers for hire and 40 feet in length or longer, must have
at least one PFD approved under approval series 160.055, 160.155, or
160.176, and of a suitable size for each person on board.
    (3) In addition to the equipment required by paragraphs (b)(1) and
(b)(2) of this section, each vessel 26 feet in length or longer, except
for a barge to which this subpart applies, must have at least one
approved lifebuoy, and each uninspected passenger vessel of at least 100
gross tons must have at least three

[[Page 334]]

approved lifebuoys. Lifebuoys must be approved under approval series
160.050 or 160.150, except that a lifebuoy approved under former 46 CFR
160.009 prior to May 9, 1979 (see 46 CFR chapter I, revised as of
October 1, 1979), may be used as long as it is in good and serviceable
condition.
    (c)(1) Each vessel not carrying passengers for hire may substitute
an immersion suit approved under 46 CFR 160.171 for a wearable PFD
required under paragraphs (b)(1) or (b)(2) of this section.
    (2) On each vessel, regardless of length and regardless of whether
carrying passengers for hire, an approved commercial hybrid PFD approved
under approval series 160.077, may be substituted for a PFD approved
under approval series 160.055, 160.155, or 160.176, if it is--
    (i) Used in accordance with the conditions marked on the PFD and in
the owner's manual; and
    (ii) Labeled for use on commercial vessels.



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]

    Effective Date Note: By USCG-2012-0919, 79 FR 53631, Sept. 10, 2014,
Sec. 25.25-9 was amended as follows, effective Oct. 10, 2014.
    a. In paragraph (a), remove the text ``Sec. 25.25-5 (b), (c) and
(e)'' and add, in its place, the text ``Sec. 25.25-5(b) and (c)''; and
    b. In paragraph (b), remove the text ``Sec. 25.25-5(d)'' and add,
in its place, the text ``Sec. 25.25-5(b)''; and
    c. Add a paragraph (c).
    For the convenience of the user, the added and revised text is set
forth as follows:



Sec. 25.25-9  Storage.

                                * * * * *

    (c) For a barge to which this subpart applies, the wearable
lifesaving equipment specified in Sec. 25.25-5 need not be stored on
board the barge if the barge's operator stores it elsewhere, and ensures
that each individual dons the equipment or a work vest approved under 46
CFR 160.053 before boarding the barge and keeps it on for as long as the
individual remains on board and at risk of falling overboard.



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.
    (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

[[Page 335]]

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]



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.

[[Page 336]]

    (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 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--

[[Page 337]]

    (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  Applicability; preemptive effect.

    This subpart applies to all vessels contracted for on or after
November 19, 1952, except that Sec. 25.30-90 of this subpart applies to
vessels contracted for before that date, and the regulations in this
subpart have preemptive effect over State or local regulations in the
same field.

[USCG-2006-24797, 77 FR 33871, June 7, 2012]



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)
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,

[[Page 338]]

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.

    When a fixed fire-extinguishing system is installed, it must be a
type approved or accepted by the Commandant (CG-ENG-4) or the Commanding
Officer, U.S. Coast Guard Marine Safety Center.

[USCG-2006-24797, 77 FR 33871, June 7, 2012]



Sec. 25.30-20  Fire extinguishing equipment required.

    (a) Motorboats. (1) All motorboats shall carry at least the minimum
number of hand portable fire extinguishers set forth in table 25.30-
20(a)(1), except that motorboats less than 26 feet in length, propelled
by outboard motors and not carrying passengers for hire, need not carry
such portable fire extinguishers if the construction of such motorboats
will not permit the entrapment of explosive or flammable gases or
vapors.

                          Table 25.30-20(a)(1)
------------------------------------------------------------------------
                                            Minimum number of B-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.

[[Page 339]]

[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 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]

[[Page 340]]



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 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 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]

[[Page 341]]



          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
(CG-ENG), 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; USCG-2009-0702, 74 FR 49225, Sept. 25, 2009]



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 (CG-ENG) except
those listed in Sec. 25.45-1, subject to the requirements stated
therein, and liquefied petroleum gas (LPG), or compressed natural gas
(CNG).
    (b) Cooking systems using LPG or CNG must meet the following
requirements:
    (1) The design, installation, and testing of each LPG system must
meet ABYC A-1-78 or chapter 6 of NFPA 302.
    (2) The design, installation, and testing of each CNG system must
meet ABYC A-22-78 or chapter 6 of NFPA 302.
    (3) Cooking systems using chapter 6 of NFPA 302 as the standard must
meet the following additional requirements:
    (i) The storage or use of CNG containers within the accommodation
area, machinery spaces, bilges, or other enclosed spaces is prohibited.
    (ii) LPG or CNG must be odorized in accordance with ABYC A-1.5.d or
A-22.5.b, respectively.
    (iii) The marking and mounting of LPG cylinders must be in
accordance with ABYC A-1.6.b.
    (iv) LPG cylinders must be of the vapor withdrawal type as specified
in ABYC A-1.5.b.
    (4) Continuous pilot lights or automatic glow plugs are prohibited
for an LPG or CNG installation using ABYC A-1 or A-22 as the standard.
    (5) CNG installations using ABYC A-22 as the standard must meet the
following additional requirements:
    (i) The stowage or use of CNG containers within the accommodation
area, machinery spaces, bilges, or other enclosed spaces is prohibited.
    (ii) The CNG cylinders, regulating equipment, and safety equipment
must meet the installation, stowage, and testing requirements specified
in paragraph 6-5.12 of NFPA 302.

[[Page 342]]

    (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; USCG-2009-0702, 74 FR 49225, Sept. 25, 2009]



                     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 Credential

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 343]]



              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.

 All weathertight and watertight doors, hatches and airports closed to
          prevent taking water aboard.

 Bilges kept dry to prevent loss of stability.

 Passengers seated and evenly distributed.

 All passengers wearing life preservers in conditions of very rough seas
          or if about to cross a bar under hazardous conditions.

 An international distress call and a call to the Coast Guard over
          radiotelephone made if assistance is needed (if radiotelephone
          equipped).
    (b) Man overboard.

 Ring buoy thrown overboard as close to the victim as possible.

 Lookout posted to keep the victim in sight.

 Crewmember, wearing a life preserver and lifeline, standing by ready to
          jump into the water to assist the victim back aboard.

 Coast Guard and all vessels in the vicinity notified by radiotelephone
          (if radiotelephone equipped).

 Search continued until after radiotelephone consultation with the Coast
          Guard, if at all possible.
    (c) Fire at Sea.

 Air supply to the fire cut off by closing hatches, ports, doors, and
          ventilators, etc.

 Portable extinguishers discharged at the base of the flames of
          flammable liquid or grease fires or water applied to fires in
          combustible solids.

 If fire is in machinery spaces, fuel supply and ventilation shut off
          and any installed fixed firefighting system discharged.

 Vessel maneuvered to minimize the effect of wind on the fire.

 Coast Guard and all vessels in the vicinity notified by radiotelephone
          of the fire and vessel location (if radiotelephone equipped).

 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 344]]

    (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 (CG-CVC) 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; USCG-2009-0702, 74 FR 49225, Sept.
25, 2009]

[[Page 345]]



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 Credential



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 or
MMC officer endorsement suitable for the vessel's route and service. He
or she must have the license or MMC 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, as amended by USCG-2006-
24371, 74 FR 11264, Mar. 16, 2009]

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 346]]



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 Applicability; preemptive effect.
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  Applicability; preemptive effect.

    (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 vessel lost
propulsion because of a fire in the engine room.

[[Page 347]]

    (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.
    (e) The regulations in this part have preemptive effect over State
or local regulations in the same field.

[USCG-2000-6931, 69 FR 34069, June 18, 2004, as amended by USCG-2006-
24797, 77 FR 33871, June 7, 2012]



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 76.15 and the
system labeling requirements in 46 CFR 78.47-9 and 78.47-11 and that is
approved by the Commandant; or
    (2) A clean-agent system that satisfies 46 CFR 95.16 and is approved
by the Commandant; or
    (3) A manually-operated water-mist system that satisfies NFPA 750
(incorporated by reference; see Sec. 27.102) and that is approved by
the Commandant; or
    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.

[USCG-2000-6931, 69 FR 34069, June 18, 2004, as amended by USCG-2006-
24797, 77 FR 33872, June 7, 2012; USCG-2013-0671, 78 FR 60145, Sept. 30,
2013]



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 Coast Guard Headquarters. Contact Commandant (CG-ENG), Attn: Office
of Design and Engineering Systems, U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509. The
material is also available 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.

[[Page 348]]

    (b) The material approved for incorporation by reference in this
part and the sections affected are:

American Boat and Yacht Council (ABYC), 613 Third Street, Suite
 10, Annapolis, MD 21403
    H-25-1986_Portable Fuel Systems for Flammable Liquids......   27.211
    H-33-1989_Diesel Fuel Systems..............................   27.211
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..............................................



[USCG-2000-6931, 69 FR 34069, June 18, 2004, as amended by USCG-2009-
0702, 74 FR 49226, Sept. 25, 2009; USCG-2010-0759, 75 FR 60002, Sept.
29, 2010; USCG-2013-0671, 78 FR 60146, Sept. 30, 2013]



          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

[[Page 349]]

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.



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

[[Page 350]]

    (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.
    (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 (CG-ENG). 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).

[[Page 351]]

    (3) 33 CFR chapter I, subchapter S (Boating Safety).

[USCG-2000-6931, 69 FR 34069, June 18, 2004, as amended by USCG-2009-
0702, 74 FR 49226, Sept. 25, 2009]



         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, 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 control 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.

[USCG-2000-6931, 69 FR 34069, June 18, 2004, as amended by USCG-2014-
0688, 79 FR 58279, Sept. 29, 2014]



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,

[[Page 352]]

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; preemptive effect.
28.40 Incorporation by reference.
28.50 Definition of terms used in this part.
28.60 Exemption letter.
28.65 Termination of unsafe operations.
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.

[[Page 353]]

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.
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.

Subpart H [Reserved]

                 Subpart I_Citizenship Waiver Procedures

28.1100 General.
28.1105 Request for a waiver.
28.1110 Waiver approval.
28.1115 Waiver request and approval records.

    Authority: 46 U.S.C. 3316, 4502, 4505, 4506, 6104, 8103, 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
Homeland Security set forth in Department of Homeland Security
Delegation No. 0170.1, 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.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by USCG-2010-0759,
75 FR 60002, Sept. 29, 2010]



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]

[[Page 354]]



Sec. 28.30  Applicability; preemptive effect.

    (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.
    (c) The regulations in this part have preemptive effect over State
or local regulations in the same field.

[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; USCG-2006-24797, 77 FR 33872, June 7,
2012]



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 Coast Guard
Headquarters. Contact Commandant (CG-ENG), Attn: Office of Design and
Engineering Systems, U.S. Coast Guard Stop 7509, 2703 Martin Luther King
Jr. Avenue SE., Washington, DC 20593-7509 or you may contact 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),
  613 Third Street, Suite 10, Annapolis,
   MD 21403
    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.

[[Page 355]]


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; USCG-2009-0702, 74 FR
49226, Sept. 25, 2009; USCG-2010-0759, 75 FR 60002, Sept. 29, 2010;
USCG-2013-0671, 78 FR 60146, Sept. 30, 2013]



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. 28.73.
    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 Commandant (CG-
CVC-3); Attn: Fishing Vessels Division, U.S. Coast Guard Stop 7501, 2703
Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501 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 F (15 C) or less.
    Commandant means the Commandant of the Coast Guard or an authorized
representative of the Commandant of the Coast Guard.

[[Page 356]]

    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 National Geospatial-Intelligence
Agency.
    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 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 F (43.3 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30 north latitude including waters in contiguous
bays, inlets, rivers, and sounds.
    Officer in Charge, Marine Inspection (OCMI) means an officer of the
Coast Guard who commands a Marine Inspection Zone described in 33 CFR
part 3 or an authorized representative of that officer.
    Open to the atmosphere means a space that has at least 15 square
inches (9680 square millimeters) of open area directly exposed to the
atmosphere for each cubic foot (0.0283 cubic meters) of net volume of
the space.
    Operating station means the principal steering station on the vessel
from which the vessel is normally navigated.

[[Page 357]]

    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 F. (15 C.).
    Watertight means designed and constructed to withstand a static head
of water without any leakage, except that ``watertight'' for the
purposes of electrical equipment means enclosed so that equipment does
not leak when a stream of water from a hose with a nozzle one inch (25.4
millimeters) in diameter that delivers at least 65 gallons (246 liters)
per minute is played on the enclosure from any direction from a distance
of 10 feet (3 meters) for five minutes.
    Weather deck means the uppermost deck exposed to the weather to
which a weathertight sideshell extends.
    Weathertight means that water will not penetrate into the unit in
any sea condition.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991]

    Editorial Note: For Federal Register citations affecting Sec.
28.50, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.



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--

[[Page 358]]

    (1) An insufficient number of lifesaving equipment on board, to
include serviceable Personal Flotation Devices (PFDs), serviceable
immersion suits, or adequate survival craft capacity.
    (2) An inoperable Emergency Position Indicating Radio Beacon (EPIRB)
or radio communication equipment when required by regulation. There
should be at least one operable means of communicating distress. When
both are required, then at least one must be in operable condition to
avoid termination of the voyage;
    (3) Inadequate firefighting equipment on board;
    (4) Excessive volatile fuel (gasoline or solvents) or volatile fuel
vapors in bilges;
    (5) Instability resulting from overloading, improper loading or lack
of freeboard;
    (6) Inoperable bilge system;
    (7) Intoxication of the master or individual in charge of a
commercial fishing vessel. An individual is intoxicated when he/she is
operating a commercial fishing vessel and has an alcohol concentration
of .04 percent, or the intoxicant's effect on the person's manner,
disposition, speech, muscular movement, general appearance or behavior
is apparent by observation;
    (8) A lack of adequate operable navigation lights during periods of
reduced visibility;
    (9) Watertight closures missing or inoperable;
    (10) Flooding or uncontrolled leakage in any space; or
    (11) A missing or expired certificate of class, as required by 46
U.S.C. 4503(1), for a fish processing vessel.
    (c) A Coast Guard 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--

[[Page 359]]

    (a) Publishes standards for vessel design and construction which are
as widely available as and which are of similar content to the standards
published by the ABS;
    (b) Performs periodic surveys in a wide range of localities during
and after construction to ensure compliance with published standards,
including drydock examinations, in a manner similar to the ABS;
    (c) Issues certificates testifying to compliance with the published
standards;
    (d) Has as its primary concern the survey and classification of
vessels;
    (e) Has no interest in owning or operating fishing, fish processing,
or fish tender vessels; and
    (f) Maintains records of surveys and makes such records available to
the Coast Guard upon request in a manner similar to the ABS.



Sec. 28.80  Report of casualty.

    (a) Except for a casualty which is required to be reported to the
Coast Guard on Form CG 2692 in accordance with part 4 of this chapter,
the owner, agent, operator, master, or individual in charge of a vessel
involved in a casualty must submit a report in accordance with paragraph
(c) of this section, as soon as possible after the casualty, to the
underwriter of primary insurance for the vessel or to an organization
listed in paragraph (d) of this section whenever the casualty involves
any of the following.
    (1) Loss of life.
    (2) An injury 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

[[Page 360]]

Commandant has accepted for this purpose:
    (1) Marine Index Bureau (a division of ISO Claim Search), Floor 22-
8, 545 Washington Boulevard, Jersey City, NJ, 07310-1686.
    (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; USCG-2008-0906, 73 FR 56509, Sept. 29, 2008]



Sec. 28.90  Report of injury.

    Each individual employed on a commercial fishing industry vessel
must notify the master, individual in charge of the vessel, or other
agent of the employer of each illness, disability, or injury suffered
while in service to the vessel not later than seven days after the date
on which the illness, disability, or injury arose.



Sec. 28.95  Right of appeal.

    Any person directly affected by a decision or action taken under
this part, by or on behalf of the Coast Guard, may appeal therefrom in
accordance with part 1, subpart 1.03 of this chapter.



                 Subpart B_Requirements for All Vessels



Sec. 28.100  Applicability.

    Each commercial fishing industry vessel must meet the requirements
of this subpart, in addition to the requirements of parts 24, 25, and 26
of this chapter.



Sec. 28.105  Lifesaving equipment--general requirements.

    (a) In addition to the requirements of this subpart, each commercial
fishing industry vessel must comply with the requirements of part 25,
subpart 25.25 of this chapter.
    (b) Except as provided in Sec. 28.120(d), each item of lifesaving
equipment carried on board a vessel to meet the requirements of this
part must be approved by the Commandant. Equipment for personal use
which is not required by this part need not be approved by the
Commandant.



Sec. 28.110  Life preservers or other personal flotation devices.

    (a) Except as provided by Sec. 28.305 of this chapter, each vessel
must be equipped with at least one immersion suit, exposure suit, or
wearable personal flotation device of the proper size for each
individual on board as specified in table 28.110 and part 25, subpart
25.25 of this chapter. Notwithstanding the provisions of paragraphs (c)
and (d) of Sec. 25.25-1 of this chapter, each commercial fishing
industry vessel propelled by sail or a manned barge employed in
commercial fishing activities must meet the requirements of this
paragraph.
    (b) Each wearable personal flotation device must be stowed so that
it is readily accessible to the individual for whom it is intended, from
both the individual's normal work station and berthing area. If there is
no location accessible to both the work station and the berthing area,
an appropriate device must be stowed in both locations.

                          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 32N or South of 32S; and                               exposure suit.           25.25-13; 25.25-15.
 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.

[[Page 361]]


                                       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
    (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.

[[Page 362]]

    (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.
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.

[[Page 363]]


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 buoyant
 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.
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; USCG-2014-0688, 79 FR 58279,
Sept. 29, 2014]



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

[[Page 364]]

    (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 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                                      Retroreflective
                                    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; USCG-2014-0688, 79
FR 58279, Sept. 29, 2014]



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.

[[Page 365]]



                   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.
\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

[[Page 366]]

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.
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.

[[Page 367]]



Sec. 28.210  First aid equipment and training.

    (a) Each vessel must have on board a complete first aid manual and
medicine chest of a size suitable for the number of individuals on board
in a readily accessible location.
    (b) First aid and cardiopulmonary resuscitation (CPR) course
certification. Certification in first aid and CPR must be as described
in this paragraph.
    (1) First aid--a certificate indicating completion of a first aid
course from:
    (i) The American National Red Cross ``Standard First Aid and
Emergency Care'' or ``Multi-media Standard First Aid'' course; or
    (ii) A course approved by the Coast Guard under Sec.
10.205(h)(l)(ii) of this chapter.
    (2) CPR--A certificate indicating completion of course from:
    (i) The American National Red Cross;
    (ii) The American Heart Association; or
    (iii) A course approved by the Coast guard under Sec.
10.205(h)(2)(iii) of this chapter.
    (c) Each vessel that operates with more than 2 individuals on board
must have at least 1 individual certified in first aid and at least 1
individual certified in CPR. An individual certified in both first aid
and CPR will satisfy both of these requirements.
    (d) Each vessel that operates with more than 16 individuals on board
must have at least 2 individuals certified in first aid and at least 2
individuals certified in CPR. An individual certified in both first aid
and CPR may be counted for both requirements.
    (e) Each vessel that operates with more than 49 individuals on board
must have at least 4 individuals certified in first aid and at least 4
individuals certified in CPR. An individual certified in both first aid
and CPR may be counted for both requirements.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 95-012, 60 FR
48048, Sept. 18, 1995]



Sec. 28.215  Guards for exposed hazards.

    (a) Each space on board a vessel must meet the requirements of this
section.
    (b) Suitable hand covers, guards, or railing must be installed in
way of machinery which can cause injury to personnel, such as gearing,
chain or belt drives, and rotating shafting. This is not meant to
restrict necessary access to fishing equipment such as winches, drums,
or gurdies.
    (c) Each exhaust pipe from an internal combustion engine which is
within reach of personnel must be insulated or otherwise guarded to
prevent burns.



Sec. 28.225  Navigational information.

    (a) Each vessel must have at least the following navigational
information on board:
    (1) Marine charts of the area to be transited, published by the
National Ocean Service, the National Geospatial-Intelligence 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; USCG-2014-0688, 79 FR 58279, Sept.
29, 2014]



Sec. 28.230  Compasses.

    Each vessel must be equipped with an operable magnetic steering
compass

[[Page 368]]

with a compass deviation table at the operating station.



Sec. 28.235  Anchors and radar reflectors.

    (a) Each vessel must be fitted with an anchor(s) and chain(s),
cable, or rope appropriate for the vessel and the waters of the intended
voyage.
    (b) Except for a vessel rigged with gear that provides a radar
signature from a distance of 6 miles, each nonmetallic hull vessel must
have a radar reflector.



Sec. 28.240  General alarm system.

    (a) Except as provided in paragraph (f) of this section, each vessel
with an accommodation space or a work space which is not adjacent to the
operating station, must have an audible general alarm system with a
contact-maker at the operating station suitable for notifying
individuals on board in the event of an emergency.
    (b) The general alarm system must be capable of notifying an
individual in any accommodation space or work space where they may
normally be employed.
    (c) In a work space where background noise makes a general alarm
system difficult to hear, a flashing red light must also be installed.
    (d) Each general alarm bell and flashing red light must be
identified with red lettering at least \1/2\ inch (13 millimeters) high
as follows:

                                Attention

    General Alarm--When Alarm Sounds Go to Your Station.

    (e) A general alarm system must be tested prior to operation of the
vessel and at least once each week thereafter.
    (f) A public address system or other means of alerting all
individuals on board may be used in lieu of a general alarm system
provided it complies with paragraphs (b), (c), and (e) of this section
and can be activated from the operating station.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 95-012, 60 FR
48048, Sept. 18, 1995]



Sec. 28.245  Communication equipment.

    (a) Except as provided in paragraphs (b) through (e) of this
section, each vessel must be equipped as follows.
    (1) Each vessel must be equipped with a VHF radiotelephone capable
of transmitting and receiving on the frequency or frequencies within the
156-162 MHz band necessary to communicate with a public coast station or
U.S. Coast Guard station serving the area in which the vessel is
operating.
    (2) Each vessel that operates more than 20 miles from the coastline,
in addition to the VHF radiotelephone required by paragraph (a)(1) of
this section, must be equipped with a radiotelephone transceiver capable
of transmitting and receiving on frequencies in the 2-4 MHz band
necessary to communicate with a public coast station or U.S. Coast Guard
station serving the area in which the vessel is operating.
    (3) Each vessel that operates more than 100 miles from the
coastline, in addition to the communication equipment required by
paragraph (a)(1) of this section must be equipped with a radiotelephone
transceiver capable of transmitting and receiving on frequencies in the
2-27.5 MHz band necessary to communicate with a public coast station or
U.S. Coast Guard station serving the area in which the vessel is
operating.
    (4) Each vessel that operates in waters contiguous to Alaska where
no public coast station or U.S. Coast Guard station is within
communications range of a VHF radio transceiver operating on the 156-162
MHz band or the 2-4 MHz band, in addition to the VHF radio communication
equipment required by paragraph (a)(1) of this section, must be equipped
with a radiotelephone transceiver capable of transmitting and receiving
on frequencies in 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

[[Page 369]]

acceptable as an alternative to the requirements of paragraphs (a)(2),
(a)(3), or (a)(4) of this section.
    (d) A cellular telephone capable of communicating with a public
coast station or a U.S. Coast Guard station serving the area in which
the vessel is operating is acceptable as an alternative to the
requirements of paragraphs (a)(2), (a)(3), or (a)(4) of this section.
    (e) A radiotelephone transceiver installed on board a vessel before
September 15, 1991, capable of transmitting and receiving on frequencies
on the 4-20 MHz band may continue to be used to satisfy the requirements
of paragraphs (a)(3) and (a)(4) of this section.
    (f) The principle operating position of the communication equipment
must be at the operating station.
    (g) Communication equipment must be installed to ensure safe
operation of the equipment and to facilitate repair. It must be
protected against vibration, moisture, temperature, and excessive
currents and voltages. It must be located so as to minimize the
possibility of water intrusion from windows broken by heavy seas.
    (h) Communication equipment must comply with the technical standards
and operating requirements issued by the Federal Communications
Commission, as set forth in 47 CFR part 80.

    Note: Each vessel which uses radio equipment to meet the
communication requirements of this section must have a Ship Radio
Station License issued by the Federal Communications Commission, as set
forth in 47 CFR part 80.

    (i) All communication equipment must be provided with an emergency
source of power that complies with Sec. 28.375.



Sec. 28.250  High water alarms.

    On a vessel 36 feet (11.8 meters) or more in length, a visual and
audible alarm must be provided at the operating station to indicate high
water level in each of the following normally unmanned spaces:
    (a) A space with a through-hull fitting below the deepest load
waterline, such as the lazarette;
    (b) A machinery space bilge, bilge well, shaft alley bilge, or other
space subject to flooding from sea water piping within the space; and
    (c) A space with a non-watertight closure, such as a space with a
non-watertight hatch on the main deck.



Sec. 28.255  Bilge pumps, bilge piping, and dewatering systems.

    (a) Each vessel must be equipped with a bilge pump and bilge piping
capable of draining any watertight compartment, other than tanks and
small buoyancy compartments, under all service conditions. Large spaces,
such as enginerooms must be fitted with more than one suction line.
    (b) In addition to the requirements of paragraph (a) of this
section, a space used in the sorting or processing of fish in which
water is used must be fitted with dewatering system capable of
dewatering the space under normal conditions of list and trim at the
same rate as water is introduced. Pumps used as part of the processing
of fish do not count for meeting this requirement. The dewatering system
must be interlocked with the pump(s) supplying water to the space, so
that in the event of failure of the dewatering system, the water supply
is inactivated.
    (c) Except as provided by paragraph (f) of this section, each vessel
79 feet (24 meters) or more in length must be equipped with a fixed,
self-priming, powered, bilge pump connected to a bilge manifold.
    (d) If a bilge pump required by paragraph (a) of this section is
portable, it must be provided with a suitable suction hose of adequate
length to reach the bilges of each watertight compartment it must serve
and with a discharge hose of adequate length to ensure overboard
discharge. A portable pump must be capable of dewatering each space it
serves at a rate of at least 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.

[[Page 370]]

    (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 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, 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.

[[Page 371]]

    (vi) Manning of fire parties assigned to deal with fires.
    (vii) Special duties required for the operation of fire fighting
equipment.
    (6) The procedures for rough weather at sea, crossing hazardous
bars, flooding, and anchoring of the vessel, such as:
    (i) Close all watertight and weathertight doors, hatches and
airports to prevent taking water aboard or further flooding in the
vessel.
    (ii) Keep bilges dry to prevent loss of stability due to water in
bilges. Use power driven bilge pump, hand pump, and buckets to dewater.
    (iii) Align fire pumps to use as bilge pumps, if possible.
    (iv) Check all intake and discharge lines which penetrate the hull
for leakage.
    (v) Personnel should remain stationary and evenly distributed.
    (vi) Personnel should don lifejackets and immersion suits if the
going becomes very rough, the vessel is about to cross a hazardous bar,
or when otherwise instructed by the master or individual in charge of
the vessel.
    (7) The procedures for anchoring the vessel.
    (8) The procedures to be used in the event an individual falls
overboard, such as:
    (i) Throw a ring life buoy as close to the individual as possible;
    (ii) Post a lookout to keep the individual in the water in sight;
    (iii) Launch the rescue boat and maneuver it to pick up the
individual in the water;
    (iv) Have a crewmember put on a lifejacket or immersion suit, attach
a safety line to the crewmember, and have the crewmember standby to jump
into the water to assist in recovering the individual in the water if
necessary;
    (v) If the individual overboard is not immediately located, notify
the Coast Guard and other vessels in the vicinity; and
    (vi) Continue searching until released by the Coast Guard.
    (9) Procedures for fighting a fire, such as:
    (i) Shut off air supply to the fire--close hatches, ports, doors,
ventilators, and similar openings.
    (ii) Deenergize the electrical systems supplying the affected space,
if possible.
    (iii) Immediately use a portable fire extinguisher or use water for
fires in ordinary combustible materials. Do not use water on electrical
fires.
    (iv) If the fire is in a machinery space, shut off the fuel supply
and ventilation system and activate the fixed extinguishing system, if
installed.
    (v) Maneuver the vessel to minimize the effect of wind on the fire.
    (vi) If unable to control the fire, immediately notify the Coast
Guard and other vessels in the vicinity.
    (vii) Move personnel away from the fire, have them put on
lifejackets, and if necessary, prepare to abandon the vessel.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by USCG-2010-0759,
75 FR 60002, Sept. 29, 2010]



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

[[Page 372]]

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.
    (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 license or officer endorsement issued by the Coast Guard
authorizing service as master of uninspected fishing industry vessels
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; or
    (3) A valid license or officer endorsement 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 Sec. 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; USCG-2008-0906, 73 FR
56509, Sept. 29, 2008; USCG-2006-24371, 74 FR 11264, Mar. 16, 2009;
USCG-2014-0688, 79 FR 58279, Sept. 29, 2014]

    Editorial Note: At 74 FR 11264, Mar. 16, 2009, Sec. 28.275 was
amended; however, a portion of the amendment could not be incorporated
due to inaccurate amendatory instruction.

[[Page 373]]



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.



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

[[Page 374]]

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;
    (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.

[[Page 375]]

    (1) Each fuel tank must be fitted with a vent pipe connected to the
highest point of the tank terminating in a 180 degree (3.14 radians)
bend on a weather deck and fitted with a flame screen.
    (2) Except where provision is made to fill a tank under pressure,
the net cross-sectional area of the vent pipe for a fuel tank must not
be less than 0.484 square inches (312.3 square millimeters).
    (3) Where provision is made to fill a tank under pressure, the net
cross-sectional area of the vent pipe must not be less than that of the
fill pipe.
    (e) Fuel piping. Except as permitted in paragraph (e)(1) and (e)(2)
of this section, each fuel line must be seamless and must be of steel,
annealed copper, nickel-copper, or copper-nickel. Each fuel line must
have a wall thickness of not less than that of 0.035 inch (0.9
millimeters) except that:
    (1) Aluminum piping is acceptable on an aluminum hull vessel
provided it is installed outside the machinery space and is at least
Schedule 80 in thickness; and
    (2) Nonmetallic flexible hose is acceptable but must--
    (i) Not be used in lengths of more than 30 inches (0.82 meters);
    (ii) Be visible, easily accessible, and must not penetrate a
watertight bulkhead;
    (iii) Be fabricated with an inner tube and a cover of synthetic
rubber or other suitable material reinforced with wire braid.
    (iv) Be fitted with suitable, corrosion resistant, compression
fittings; and
    (v) Be installed with two clamps at each end of the hose, if
designed for use with clamps. Clamps must not rely on spring tension and
must be installed beyond the bead or flare or over the serrations of the
mating spud, pipe, or hose fitting.
    (f) A fuel line subject to internal head pressure from fuel in the
tank must be fitted with a positive shutoff valve located at the tank
which is operable from a safe location outside the space in which the
valve is located.
    (g) A vessel less than 79 feet (24 meters) in length may comply with
one of 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.

[[Page 376]]



Sec. 28.350  General requirements for electrical systems.

    (a) Electrical equipment exposed to the weather or in a location
exposed to seas must be waterproof, watertight, or enclosed in a
watertight housing.
    (b) Aluminum must not be used for current carrying parts of
electrical equipment or wiring.
    (c) As far as practicable, electrical equipment must not be
installed in lockers used to store paint, oil, turpentine, or other
flammable or combustible liquid. If electrical equipment, such as
lighting, is necessary in these spaces, it must be explosion-proof or
intrinsically safe.
    (d) Explosion-proof and intrinsically safe equipment must meet the
requirements of 46 CFR part 111, subpart 111.105.
    (e) Metallic enclosures and frames of electrical equipment must be
grounded.
    (f) Each vessel with a nonmetallic hull must have a continuous, non-
current carrying grounding conductor which connects together the
enclosures and frames of electrical equipment and which connects
metallic items such as engines, fuel tanks, and equipment enclosures to
a common ground point.
    (g) The equipment grounding conductor must be sized in accordance
with section 250-95 of NFPA Standard 70.



Sec. 28.355  Main source of electrical power.

    (a) Applicability. Each vessel that relies on electricity to power
any of the following essential loads must have at least two electrical
generators to supply these loads:
    (1) The propulsion system and its necessary auxiliaries and
controls;
    (2) Interior lighting;
    (3) Steering systems;
    (4) Communication systems;
    (5) Navigation equipment and navigation lights;
    (6) Fire protection or detection equipment;
    (7) Bilge pumps; or
    (8) General alarm system.
    (b) Each generator must be attached to an independent prime mover.



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

[[Page 377]]

sized so that the voltage drop at the load terminals is not more than 10
percent.
    (c) Cable and wiring not serving equipment in a high risk fire area
such as a galley, laundry, or machinery space must be routed as far as
practicable from these spaces. As far as practicable, cables serving
duplicated essential equipment must be separated so that a casualty that
affects one cable does not affect the other.
    (d) Cable and wire for power and lighting circuits must:
    (1) For circuits of less than 50 volts, meet 33 CFR 183.425 and
183.430; and
    (2) For circuits of 50 volts or greater:
    (i) Meet sections 310-13 and 310-15 of NFPA 70, except that asbestos
insulated cable and dry location cable must not be used;
    (ii) Be listed by Underwriters Laboratories Inc. as UL Boat or UL
Marine Shipboard cable; or
    (iii) Meet 46 CFR part 111, subpart 111.60.
    (e) All metallic cable armor must be electrically continuous and
grounded to the metal hull or the common ground point at each end of the
cable run, except that final sub-circuits (those supplying loads) may be
grounded at the supply end only.
    (f) A wiring termination and connection must be made in a fire
retardant enclosure such as a junction box, fixture enclosure, or panel
enclosure. A fire retardant plastic enclosure is acceptable.



Sec. 28.375  Emergency source of electrical power.

    (a) Each vessel must have an emergency source of electrical power
which is independent of the main sources of electrical power and which
is located outside the main machinery space.
    (b) The emergency source of electrical power must be capable of
supplying all connected loads continuously for at least 3 hours.
    (c) Except as provided in paragraphs (d) and (e) of this section,
the following electrical loads must be connected to the emergency source
of power:
    (1) Navigation lights;
    (2) Steering systems;
    (3) Bilge pumps;
    (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.

[[Page 378]]

    (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 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 and 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.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by USCG-2008-0906,
73 FR 56509, Sept. 29, 2008]



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

[[Page 379]]

embarkation station is readily accessible from each accommodation space
and work space. Each embarkation station must be arranged to allow the
safe boarding of survival craft.



Sec. 28.400  Radar and depth sounding devices.

    (a) Each vessel must be fitted with a general marine radar system
for surface navigation with a radar screen mounted at the operating
station.
    (b) Each vessel must be fitted with a suitable echo depth sounding
device.



Sec. 28.405  Hydraulic equipment.

    (a) Each hydraulic system must be so designed and installed that
proper operation of the system is not affected by back pressure in the
system.
    (b) Piping and piping components must be designed with a burst
pressure of not less than four times the system maximum operating
pressure.
    (c) Each hydraulic system must be equipped with at least one
pressure relieving device set to relieve at the system's maximum
operating pressure.
    (d) All material in a hydraulic system must be suitable for use with
the hydraulic fluid used and must be of such chemical and physical
properties as to remain ductile at the lowest operating temperature
likely to be encountered by the vessel.
    (e) Except for hydraulic steering equipment, controls for hydraulic
equipment must be located where the operator has an unobstructed view of
the hydraulic equipment and the adjacent working area.
    (f) Controls for hydraulic equipment must be so arranged that the
operator is able to quickly disengage the equipment in an emergency.
    (g) Hydraulically operated machinery must be equipped with a holding
device to prevent uncontrolled movement due to loss of hydraulic system
pressure.
    (h) A nonmetallic flexible hose must only be used between two points
of relative motion, including a pump and piping system, and must meet
SAE J 1942.
    (i) Each nonmetallic flexible hose and hose assembly must be
installed in accordance with the manufacturer's rating and guidelines
and must be limited to a length of not more that 30 inches (0.76 meters)
in an application not subject to torsional loading.



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

[[Page 380]]

under subchapter E of this chapter and that--
    (a) Has its keel laid or is at a similar stage of construction or
undergoes a major conversion started on or after September 15, 1991;
    (b) Undergoes alterations to the fishing or processing equipment for
the purpose of catching, landing, or processing fish in a manner
different than has previously been accomplished on the vessel--these
vessels need only comply with Sec. 28.501 of this subpart; or
    (c) Has been substantially altered on or after September 15, 1991.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 47679, Sept. 20, 1991, as
amended by CGD 88-079, 57 FR 364, Jan. 6, 1992]



Sec. 28.501  Substantial alterations.

    (a) Except as provided in paragraph (b) of this section, a vessel
that is substantially altered, including the cumulative effects of all
alterations, need not comply with the remainder of this subpart,
provided that it has stability instructions developed by a qualified
individual which comply with Sec. 28.530 (c) through (e).
    (b) A vessel that is substantially altered in a manner which
adversely affects its stability, including the cumulative effects of all
alterations, need not comply with the remainder of this subpart,
provided the stability instructions required by paragraph (a) of this
section are based on loading conditions or operating restrictions, or
both, which compensate for the adverse affects of the alterations.
    (c) The following changes to a vessel's lightweight characteristics
are considered to adversely affect vessel stability:
    (1) An increase in the vertical center of gravity at lightweight by
more than 2 inches (51 millimeters) compared to the original lightweight
value.
    (2) An increase or decrease of lightweight displacement by more than
3 percent of the original lightweight displacement.
    (3) A shift of the longitudinal center of gravity of more than 1
percent of the vessel's length.
    (d) In determining whether or not a vessel's stability has been
adversely affected, a qualified individual must, at a minimum, consider
the net effects on stability of any:
    (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

[[Page 381]]

of partial weather deck and superstructure which is seaworthy for the
waters upon which the vessel operates.
    Protected waters means sheltered waters presenting no special
hazards such as most rivers, harbors, lakes, and similar waters as
determined by the OCMI.
    Qualified individual means an individual or an organization with
formal training in and experience in matters dealing with naval
architecture calculations.
    Substantially altered means the vessel is physically altered in a
manner that affects the vessel's stability and includes:
    (1) Alterations that result in a change of the vessel's lightweight
vertical center of gravity of more than 2 inches (51 millimeters), a
change in the vessel's lightweight displacement of more than 3 percent,
or an increase of more than 5 percent in the vessel's projected lateral
area, as determined by tests or calculations;
    (2) Alterations which change the vessel's underwater shape;
    (3) Alterations which change a vessel's angle of downflooding; and
    (4) Alterations which change a vessel's buoyant volume.
    Well deck means a weather deck fitted with solid bulwarks that
impede the drainage of water over the sides or an exposed recess in the
weather deck extending one-half or more of the length of the vessel.



Sec. 28.515  Submergence test as an alternative to stability calculations.

    (a) A vessel may comply with this section in lieu of the remainder
of the requirements in this subpart. A certification plate installed
under 33 CFR part 183, subpart B, is acceptable evidence of compliance
with this section.
    (b) A vessel which is fitted with inboard engines and loaded as
described in paragraph (e) of this section must float in calm water,
after being submerged for 18 hours, so that--
    (1) For 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;
    (2) Any portion of the vessel's hull is above the water's surface;
and
    (3) Any portion of the lowest 3 feet (0.91 meters) of the vessel's
hull is not more than 6 inches (152 millimeters) below the water's
surface as measured at the lowest point on the following--
    (i) The gunwale, for an open boat; or
    (ii) The main deck, for a decked vessel.
    (d) A vessel which is fitted with an outboard engine must be loaded
as described in paragraph (f) of this section and must survive the
submergence described in paragraph (c) of this section, except that the
equilibrium heel angle must not exceed 30 and the vessel must float
with the lower end of the vessel not more than 12 inches (0.31 meters)
below the water's surface in calm water.
    (e) For the tests described in paragraphs (b) and (c) of this
section, a vessel must be complete in all respects, except that
machinery which would be damaged by water may be replaced with
equivalent fixed weight in the same location as the machinery it
replaces. The vessel must be loaded with weight to represent the most
adverse loading condition. The most adverse loading condition normally
includes the maximum weight of fish in its highest possible location.
Weights must be substituted for operating personnel at 165 pounds (734
Newtons) per individual and may be substituted for fishing gear. The
substitute weights may be located transversely so that the vessel floats
level prior to being submerged. The two largest air chambers, or
compartments of a decked vessel not used as fuel tanks, that contribute
buoyancy to the vessel must be flooded.
    (f) For the test described in paragraph (d) of this section, a
vessel must be complete and loaded as described in paragraph (e) of this
section, except

[[Page 382]]

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.
    (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

[[Page 383]]

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 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 (0.7 radians).
    (c) The angle of intersection of the heeling arm curve resulting
from the lifting moment or the moment of fishing gear and the righting
arm curve must not be at an angle of more than 10 (0.17 radians).
    (d) The heeling arm curve resulting from lifting must be calculated
as the resultant of the upright heeling moment divided by the vessel's
displacement multiplied by the cosine of the angle of heel.
    (e) For the purposes of this section, the weight of suspended loads
must be assumed to act at the tip of the boom unless the suspended
load's transverse movement is restricted, such as by the use of
sideboards.
    (f) A vessel that operates on protected waters, as defined in Sec.
170.050 of this chapter, must comply with the requirements of this
section, except that the area described in paragraph (b) of

[[Page 384]]

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 North
latitude between November 15 and April 15 or south of 42 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30 North latitude or south of 66 South latitude
must be assumed to be at least:
    (1) 6.14 pounds per square foot (30 Kilograms per square meter) of
horizontal projected area which corresponds to a thickness of 1.3 inches
(33 millimeters); and
    (2) 3.07 pounds per square foot (15 Kilograms per square meter) of
vertical projected area which corresponds to a thickness of 0.65 inches
(16.5 millimeters).
    (c) Except as provided in paragraph (d) of this section, the weight
of assumed ice on a vessel that operates north of 42 North but south of
6630 North latitude or south of 42 South but north of 66 South
latitude must be assumed to be at least one-half of the values required
by paragraphs (b)(1) and (b)(2) of this section.
    (d) The height of the center of gravity of the accumulated ice
should be calculated according to the position of each corresponding
horizontal surface (deck and gangway) and each other continuous surface
on which ice can reasonably be expected to accumulate. The projected
horizontal and vertical area of each small discontinuous surface such as
a rail, a spar, and rigging with no sail can be accounted for by
increasing the calculated area by 15 percent.
    (e) The weight and location of ice must be included in the vessel's
weight and centers of gravity in each condition of loading when
performing the stability calculations required by this subpart.

[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).

[[Page 385]]

    (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.
    (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 (0.70 radians) of heel or the
downflooding angle.

[[Page 386]]

[GRAPHIC] [TIFF OMITTED] TC01FE91.068



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 (0.52 radians);
    (3) A maximum righting arm that occurs at an angle of heel not less
than 25 (0.44 radians);
    (4) An area under each righting arm curve of at least 16.9 foot-
degrees (0.090 meter-radians) up to the lesser of 40 (0.70 radians) or
the angle of downflooding;
    (5) An area under each righting arm curve of at least 10.3 foot-
degrees (0.055 meter-radians) up to an angle of heel of 30 (0.52
radians);
    (6) An area under each righting arm curve of at least 5.6 foot-
degrees (0.030 meter-radians) between 30 (0.52 radians) and the lesser
of 40 (0.70 radians) or the angle of downflooding; and
    (7) Except as provided by paragraph (b) of this section, positive
righting arms through an angle of heel of 60 (1.05 radians).
    (b) In lieu of meeting the requirements of paragraph (a)(7) of this
section, a vessel may comply with the following provisions:
    (1) Hatches in the watertight/weathertight envelope must be normally
kept closed at sea (e.g., the live tank hatch is only opened
intermittently, under controlled conditions); or
    (2) Unintentional flooding through these hatches must not result in
progressive flooding to other spaces; and
    (3) In all cases, a vessel must have positive righting arms through
an angle of heel of at least 50 (0.87 radians) and the intact stability
analysis must consider that spaces accessed by

[[Page 387]]

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 (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:

KEn(Vn\2\AnZn)/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 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 (0.87 radians).
    (f) The angle of equilibrium, Ael in figure 28.575, must
not exceed 14 (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

[[Page 388]]


                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.

[GRAPHIC] [TIFF OMITTED] TR29SE08.000


[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; USCG-2008-0906, 73 FR 56509,
Sept. 29, 2008]



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.

[[Page 389]]

    (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 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
(0.44 radians); and
    (2) Through an angle of 20 (0.35 radians) beyond the angle of
equilibrium after flooding, the following are met--
    (i) The righting arm curve is positive;
    (ii) The maximum righting arm is at least 4 inches (102
millimeters);
    (iii) Each submerged opening is capable of being made weathertight;
and
    (iv) The heeling arm caused by deploying all fully loaded davit-
launched survival craft on one side of a vessel does not exceed the
righting arm at any angle of heel beyond the equilibrium angle when
launching is assumed on the damaged side.
    (g) 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

[[Page 390]]

meeting the requirements of paragraphs (c) through (g) of this section.
[GRAPHIC] [TIFF OMITTED] TC01FE91.070


[CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 47679, Sept. 20, 1991, as
amended by CGD 88-079, 57 FR 364, Jan. 6, 1992]

[[Page 391]]



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.



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.

[[Page 392]]



Sec. 28.810  Deck rails, lifelines, storm rails and hand grabs.

    (a) Except as otherwise provided in paragraph (d) of this section,
deck rails, lifelines, grab rails, or equivalent protection must be
installed near the periphery of all weather decks accessible to
individuals. Where space limitations make deck rails impractical, hand
grabs may be substituted.
    (b) The height of deck rails, lifelines, or bulkwarks must be at
least 1 meter (39\1/2\ inches) from the deck, except where this height
will interfere with the normal operation of the vessel, a lesser height
may be substituted.
    (c) All deck rails or lifelines must be permanently supported by
stanchions at intervals of not more than 2.3 meters (7 feet). Stanchions
must be through bolted or welded to the deck.
    (d) Portable stanchions and lifelines may be installed in locations
where permanently installed deck rails will impede normal cargo
operations or emergency recovery operations.
    (e) Deck rails or lifelines must consist of evenly spaced courses.
The spacing between courses must not be greater than 0.38 meters (15
inches). The opening below the lowest course must not be more than 0.23
meters (9 inches). Lower courses are not required where all or part of
the space below the upper rail is fitted with a bulwark, chain link
fencing, wire mesh, or an equivalent.
    (f) A suitable storm rail or hand grab must be installed where
necessary in a passageway, at a deckhouse side, at a ladder, and a hatch
where an individual might have access.



Sec. 28.815  Bilge pumps, bilge piping, and dewatering systems.

    Instead of meeting the requirements of Sec. 28.255, each vessel to
which this subpart applies must meet the following requirements:
    (a) Each vessel must be equipped with a fixed, self priming,
powered, bilge pump, having a minimum capacity rating of 50 gallons per
minute, connected to a bilge manifold and piping capable of draining any
watertight compartment, other than tanks and small buoyancy
compartments, under all service conditions. Large spaces, such as engine
rooms and cargo holds must be fitted with more than one suction line.
    (b) In addition, each vessel must be fitted with a fixed secondary
or backup bilge pump having an independent and separate source of power
from the pump required in paragraph (a) of this section. One of the
bilge pumps may be attached to the propelling engine.
    (c) A portable bilge pump may substitute for the secondary pump
required above, as long as it meets the following:
    (1) It must be self priming and provided with a suitable suction
hose of adequate length to reach the bilges of each watertight
compartment it must serve and be fitted with a built-in check valve and
strainer.
    (2) The portable pump must be of at least the same minimum capacity
as that listed in paragraph (a) of this section and fitted with a
discharge hose of adequate length to ensure overboard discharge from the
lowest compartment in which it can serve.
    (3) The portable pump must also be capable of being quickly and
efficiently attached to the vessel's fixed bilge suction main and/or
discharge piping (such as with ``camlocks'', etc.) for alternate
emergency use.
    (d) Except for suction lines attached to an individual pump provided
for a separate space, or for a portable pump, each individual bilge
suction line must be provided with a stop valve at the manifold and a
check valve at some accessible point in the bilge line to prevent
unintended flooding of a space.
    (e) Each bilge suction line and dewatering system must be fitted
with a suitable strainer to prevent clogging of the suction line.
Strainers must have an open area of not less than three times the open
area of the suction line.
    (f) Except for a fire pump required by 46 CFR 28.820, a bilge pump
may be used for other purposes.
    (g) Each vessel must comply with the oil pollution prevention
requirements of 33 CFR parts 151 and 155.



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

[[Page 393]]

pump connected to a fixed piping system. This pump must be capable of
delivering an effective stream of water from a hose connected to the
highest outlet. The minimum capacity of the power fire pump shall be 50
gallons per minute at a pressure of not less than 60 pounds per square
inch at the pump outlet.
    (1) If multiple pumps are installed, they may be used for other
purposes provided at least one pump is kept available for use on the
fire system at all times.
    (2) In addition, each vessel must be fitted with a portable fire
pump having a minimum capacity of that specified in paragraph (a) of
this section, capable of producing a stream of water having a throw of
at least 12 meters (39.4 feet) from the nozzle, and capable of being
connected to National Standard Fire Hose of the size utilized on board
the vessel. If a vessel already has on board a portable pump satisfying
the bilge system requirements of Sec. 28.255(d), 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.

[CGD 94-025, 60 FR 54444, Oct. 24, 1995, as amended by USCG-2010-0759,
75 FR 60002, Sept. 29, 2010]



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 must be distinctly marked in
conspicuous red letters at least 2 inches high: ``[CARBON DIOXIDE/FOAM/
CLEAN AGENT--as appropriate] FIRE SYSTEM.''

[[Page 394]]

    (v) Instructions for the operation of the system must be located in
a conspicuous place at or near all pull boxes, stop valve controls, and
in the agent storage space;
    (vi) If the space or enclosure containing the supply or controls is
to be locked, a key to the space or enclosure shall be in a break-glass-
type box conspicuously located adjacent to the opening, and;
    (vii) Be equipped with a sign at the alarm stating: ``WHEN ALARM
SOUNDS--VACATE AT ONCE. CARBON DIOXIDE BEING RELEASED'', or list other
fire extinguishing agent.
    (3) Any modification, alteration, or new installation of a fixed gas
fire extinguishing system must meet the additional requirements of
subpart D of this part.

[CGD 94-025, 60 FR 54444, Oct. 24, 1995, as amended by USCG-2004-18884,
69 FR 58344, Sept. 30, 2004; USCG-2006-24797, 77 FR 33872, June 7, 2012]



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.

[[Page 395]]

    (k) Supply piping that conveys fuel oil or lubricating oil to
equipment and is in close proximity of equipment or lines having an open
flame or having parts operating above 260 C (500 F) must be of
seamless steel.
    (l) Existing fuel oil piping may remain in service as long as it is
serviceable to the satisfaction of the Coast Guard Representative. Any
replacement, alterations, modifications or new installations to the fuel
oil piping system must be made in accordance with the material
requirements of this section.



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

[[Page 396]]

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 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.

[[Page 397]]



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:
    (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,

[[Page 398]]

and in any event not less than once in each operating month.
    (c) In addition to the inspection required in paragraph (b) of this
section, a biennial, (every second year), thorough examination and proof
load test, at a minimum of the SWL rating, shall be performed and
witnessed by competent personnel. The proof load applied to the winches,
booms, derricks, cranes and all associated gear shall be lifted with the
ship's normal tackle with the boom or derrick at the lowest practicable
angle. When the load has been lifted, it shall be swung as far as
possible in both directions.
    (d) After satisfactory completion of the tests and examinations
required in paragraphs (b) and (c) of this section, all results and
notations together with the date and location of each shall be
maintained and available to Coast Guard representatives upon request.



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.

Subpart H [Reserved]



                 Subpart I_Citizenship Waiver Procedures

    Source: 79 FR 8869, Feb. 14, 2014, unless otherwise noted.

[[Page 399]]



Sec. 28.1100  General.

    (a) As set forth in 46 U.S.C. 8103, a citizenship requirement, other
than a requirement that applies to the master of a documented vessel, on
commercial fishing vessels may be waived for unlicensed seamen when
qualified seamen who are citizens of the United States are not
available. Under the provisions of this subpart, the Coast Guard
approves or denies requests for a waiver of the citizenship requirement
from owners, operators, or employers seeking to exceed the 25 percent
limit applicable to unlicensed seamen aboard fishing industry vessels
who are non-permanent resident aliens authorized for employment in the
United States under the Immigration and Nationality Act (INA) (8 U.S.C.
1101 et seq.).
    (b) This subpart does not apply to a fishing vessel fishing
exclusively for highly migratory species (as that term is defined in
section 3 of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1802)).
    (c) The regulations in this subpart have preemptive effect over
State or local regulation within the same field.



Sec. 28.1105  Request for a waiver.

    (a) Vessel owners, operators, or employers who desire a waiver of
citizenship requirements from the Coast Guard must submit a written
request to the Commandant, United States Coast Guard, 2100 Second St.
SW., Stop 7581, Washington, DC 20593-7581.
    (b) The written request required under paragraph (a) of this section
must contain--
    (1) The vessel owner's, operator's, or employer's contact
information--
    (i) Full name (last, first, middle initial);
    (ii) Address;
    (iii) Work phone number;
    (iv) Fax number (if applicable); and
    (v) Email address (if applicable);
    (2) Information on fishing vessel(s) for which the owner, operator,
or employer requests a citizenship waiver. For each listed vessel, the
owner's, operator's, or employer's must include--
    (i) Fishing vessel name;
    (ii) Fishing vessel official number;
    (iii) Fishing vessel length (in feet);
    (iv) Fishing vessel gross tonnage; and
    (v) Each type of fishery in which the vessel is engaged;
    (3) Information on persons who will work on the vessel. For each
listed vessel, the owner, operator, or employer must include--
    (i) The total number of unlicensed crew normally employed;
    (ii) The name, nationality, birth place, position to be held, and
basis for employment authorization in the United States of each alien
who is not lawfully admitted for permanent residence but is otherwise
authorized for employment in the United States under the Immigration and
Nationality Act (INA); and
    (iii) The number of alien seamen who are not lawfully admitted for
permanent residence but are otherwise authorized for employment in the
United States under the INA for which the waiver is requested; and
    (4) The time period over which the 25 percent limit will be
exceeded--
    (i) Start date (MM/DD/YYYY); and
    (ii) Expiration date (MM/DD/YYYY).
    (c) The owner, operator, or employer submitting a request for a
waiver under paragraph (a) of this section must include a statement
certifying that the vessel(s) will operate in compliance with all other
applicable citizenship requirements regarding the master or other
officers in charge of deck or engineering watches on U.S.-documented
vessels.
    (d) The owner, operator, or employer submitting a request for a
waiver under paragraph (a) of this section must provide evidence that
aliens who are not lawfully admitted for permanent residence are
authorized for employment with the owner, operator, or employer under
the INA and evidence that qualified seamen who are U.S. citizens are not
available for employment. The following documentation for H2B non-
immigrants is satisfactory evidence both of authorization for employment
with the owner, operator, or employer under the INA and that qualified
seamen who are U.S. citizens are not available:
    (1) U.S. Citizenship and Immigration Services (USCIS) Form I-797,
``Notice of Action: Approval Notice'' classifying the alien as an H2B
non-immigrant for purposes of employment with the

[[Page 400]]

owner, operator, or employer submitting a request for a waiver under
paragraph (a) of this section.
    (2) USCIS Form I-94, ``Arrival/Departure Record'' indicating that
the alien has been lawfully admitted to the United States (or has been
lawfully granted a change of nonimmigrant status or extension of non-
immigrant stay in H2B classification) for the dates covered by the
proposed employment.
    (e) Upon receipt of a request submitted under paragraph (a) of this
section and required information submitted in accordance with paragraphs
(b) through (d) of this section, the Coast Guard will evaluate the
information and may investigate further, as necessary, to determine the
validity of the information provided.

    Effective Date Note: At 79 FR 8869, Feb. 14, 2014, Sec. 28.1105 was
added. This section contains information collection and recordkeeping
requirements and will not become effective until approval has been given
by the Office of Management and Budget.



Sec. 28.1110  Waiver approval.

    (a)(1) If, within 30 days of receipt of a properly submitted request
for a waiver, the Coast Guard does not make a determination whether to
approve the request or does not advise the owner, operator, or employer
that additional time is needed for consideration, the request will be
considered provisionally approved for 90 days from the end of that 30-
day period.
    (2) If the Coast Guard does not make a determination whether to
approve a properly submitted request for a waiver in writing within 30
days of receipt, the owner, operator, or employer must have a copy of
the request and supporting documentation available on board the vessel
as proof of submission of a request for waiver of the citizenship
requirement for unlicensed seamen for that vessel.
    (b)(1) If the Coast Guard determines, based on the waiver request,
supporting documentation, and any other relevant information, that no
qualified U.S. citizen seamen are available, the Coast Guard will grant
the waiver to exceed the 25-percent limit for employment of non-
permanent resident alien seaman for the period of employment authorized
for each alien under the Immigration and Nationality Act (INA). The
Coast Guard will issue a letter of approval to the owner, operator, or
employer for the applicable vessel(s).
    (2) The owner, operator, or employer must have a copy of the waiver
approval letter available on board the vessel as proof of waiver of the
citizenship requirement for unlicensed seamen for that vessel.

    Effective Date Note: At 79 FR 8869, Feb. 14, 2014, Sec. 28.1110 was
added. This section contains information collection and recordkeeping
requirements and will not become effective until approval has been given
by the Office of Management and Budget.



Sec. 28.1115  Waiver request and approval records.

    The Coast Guard will maintain a record of citizenship waiver
requests and approvals. Approvals will be documented for the applicable
vessel(s) in the Coast Guard's vessel information database.

[[Page 401]]



                        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.

    Effective Date Note: By USCG-2012-0919, 79 FR 53631, Sept. 10, 2014,
the authority citation to part 30 was revised, effective Oct. 10, 2014.
For the convenience of the user, the revised text is set forth as
follows:

[[Page 402]]

    Authority: 46 U.S.C. 2103, 3306, 3703; Department of Homeland
Security Delegation No. 0170.1(II)(92)(a), (92)(b).

    Source: CGFR 65-50, 30 FR 16657, Dec. 30, 1965, unless otherwise
noted.



                      Subpart 30.01_Administration



Sec. 30.01-1  Purpose of regulations.

    (a) The rules and regulations in this subchapter are prescribed for
all tank vessels in accordance with the intent of the various statutes
administered by the Coast Guard and to provide for a correct and uniform
administration of the vessel inspection requirements applicable to tank
vessels.

[CGFR 68-32, 33 FR 5712, Apr. 12, 1968]



Sec. 30.01-2  OMB control numbers assigned pursuant to the Paperwork Reduction Act.

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

------------------------------------------------------------------------
                                                             Current OMB
    46 CFR part or section where identified or described     control No.
------------------------------------------------------------------------
Sec. 31.10-5(a)..........................................    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 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
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. Also, it is available for inspection at
the Commandant (CG-ENG), Attn: Office of Design and Engineering Systems,
U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE.,
Washington, DC 20593-7509; telephone 202-372-1405, and is available from
the sources listed below.
    (b) American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, West Conshohocken, PA 19428-2959, telephone 610-832-9585,
http://www.astm.org.
    (1) ASTM D 323-94, Standard Test Method for Vapor Pressure of
Petroleum Products (Reid Method), incorporation by reference approved
for Sec. Sec. 30.10-22; 30.10-59.
    (2) [Reserved]

[USCG-2009-0702, 74 FR 49226, Sept. 25, 2009, as amended by USCG-2013-
0671, 78 FR 60146, Sept. 30, 2013]



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:

[[Page 403]]

    (1) Passenger vessels:
    (i) Grade E in an integral tank; and
    (ii) Grade E in a portable tank, including a marine portable tank
(MPT), in accordance with subpart 98.30 or 98.33 of this chapter.
    (2) Cargo vessels:
    (i) Grades D and E in an integral tank; and
    (ii) Grades D and E and certain specifically named Grade C in a
portable tank, including an MPT, in accordance with subpart 98.30 or
98.33 of this chapter.
    (3) Miscellaneous vessels, such as cable, salvage, pile-driving and
oil-drilling-rig vessels:
    (i) Grades B, C, D, and E in a fixed independent or integral tank
authorized by the Commandant; and
    (ii) Grades D and E and certain specifically named Grade C in a
portable tank, including an MPT, in accordance with subpart 98.30 or
98.33 of this chapter.
    (b) [Reserved]
    (c) The vessels and services to which each regulation applies are
indicated by letters in the heading of the section or paragraph. The
first letter or two letters indicate the type of vessel and the letter
or letters following the oblique line indicate the waters in which such
vessels may operate. These letters are described as follows:
    (1) ``T'' signifies a tankship.
    (2) ``B'' signifies a tank barge when it precedes an oblique line;
or it signifies service on bays, sounds, and lakes other than the Great
Lakes when it follows an oblique line.
    (3) ``ALL'' signifies service on all waters.
    (4) ``O'' signifies service on ocean waters.
    (5) ``C'' signifies services on coastwise waters.
    (6) ``L'' signifies service on Great Lakes waters.
    (7) ``R'' signifies service on river waters.
    (d) This subchapter is applicable to all U.S.-flag vessels indicated
in column 2 of table 2.01-7(a), except as follows:
    (1) Any vessel operating exclusively on inland waters which are not
navigable waters of the United States.
    (2) Any vessel while laid up and dismantled and out of commission.
    (3) With the exception of vessels of the U.S. Maritime
Administration, any vessel with title vested in the United States and
which is used for public purposes.
    (e) This subchapter shall be applicable to all foreign flag vessels
carrying combustible or flammable liquid cargo in bulk while in the
navigable waters over which the United States has jurisdiction, except
that:
    (1) A vessel of a foreign nation signatory to the International
Convention for Safety of Life at Sea, 1974, which has on board a current
valid Safety Equipment Certificate, or a vessel of a foreign nation
having inspection laws 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

[[Page 404]]

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 at www.fdsys.gov.

    Effective Date Note: By USCG-2012-0919, 79 FR 53631, Sept. 10, 2014,
Sec. 30.01-5 was amended by removing the phrase ``carrying passengers
or passengers-for-hire'' from Table 30.01-5(d), column 5, rows 3 and 4,
and removing the word ``None'' from column 5, row 6, adding in its place
the phrase ``All vessels not covered by columns 2, 3, 4, and 6'',
effective Oct. 10, 2014; however, Table 30.01-5(d) was removed by USCG-
2014-0688, 79 FR 58279, Sept. 29, 2014.



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 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,

[[Page 405]]

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]



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C (110F); or
    (d) One or more oil fired boilers or oil fuel units.

[CGD 74-127, 41 FR 3842, Jan. 26, 1976]

[[Page 406]]



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 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
F. and above 80 F.
    (b) Grade E. Any combustible liquid having a flashpoint of 150 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 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

[[Page 407]]

of 80 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 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 Fahrenheit]
------------------------------------------------------------------------
                                                         Pensky-Martens
          Open-cup tester             Tag closed-cup     closed tester
                                    tester (A.S.T.M.)      (A.S.T.M.)
------------------------------------------------------------------------
80................................                 75  .................
150...............................  .................                140
------------------------------------------------------------------------


[CGFR 65-50, 30 FR 16657, Dec. 30, 1965, as amended by USCG-2014-0688,
79 FR 58279, Sept. 29, 2014]



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 Commandant (CG-CVC), Attn: Office of
Commercial Vessel Compliance, U.S. Coast Guard Stop 7501, 2703 Martin
Luther King Jr. Avenue SE., Washington, DC 20593-7501.

[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; USCG-2013-
0671, 78 FR 60146, Sept. 30, 2013]



Sec. 30.10-37  Keel laying date--TB/ALL.

    The term keel laying date means the date upon which progressive
construction identifiable with a specific vessel begins, including
construction of the first module or prefabricated section of the hull
that is identifiable with that vessel.

[CGD 74-127, 41 FR 3843, Jan. 26, 1976]



Sec. 30.10-38  Lightweight--TB/ALL.

    The term lightweight means the displacement of a vessel in metric
tons without cargo, oil fuel, lubricating oil, ballast water, fresh
water, feedwater in tanks, consumable stores, and persons and their
effects.

[CGD 74-127, 41 FR 3843, Jan. 26, 1976]



Sec. 30.10-39  Liquefied flammable gas--TB/ALL.

    The term liquefied flammable gas means any flammable gas having a
Reid vapor pressure exceeding 40 pounds, which has been liquefied.

[CGFR 66-33, 31 FR 15267, Dec. 6, 1966]

[[Page 408]]



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 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.

[[Page 409]]



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 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]



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 endorsements
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, as amended by USCG-2006-24371,
74 FR 11264, Mar. 16, 2009]



                        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

[[Page 410]]

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
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

[[Page 411]]


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

[[Page 412]]


Cetyl alcohol (hexadecanol), see Alcohols (C13+)...........  ...........
Cetyl-Stearyl alcohol), see Alcohols (C13+)................      III
 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....................................
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

[[Page 413]]


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
 Gas oil, cracked.........................................       I
Gasoline blending stocks:
  Alkylates................................................       I
   Reformates.............................................       I
Gasolines:
   Automotive (containing not over 4.23 grams lead per           I
   gallon).................................................

[[Page 414]]


   Aviation (containing not over 4.86 grams lead per             I
   gallon).................................................
  Casinghead (natural).....................................       I
  Polymer..................................................       I
   Straight run...........................................       I
Glycerine..................................................      III
Glycerine (83%), Dioxanedimethanol (17%) mixture...........       D
Glycerol, see Glycerine....................................  ...........
Glycerol monooleate........................................       D
Glycerol polyalkoxylate....................................      III
Glyceryl triacetate........................................      III
Glycidyl ester of tertiary carboxylic acid, see Glycidyl     ...........
 ester of tridecyl acetic acid.............................
Glycidyl ester of C10 trialkylacetic acid, see Glycidyl           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:
   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

[[Page 415]]


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:
   Aromatic (having less than 10% Benzene)................       @I
  Heavy....................................................       @I
  Paraffinic...............................................       @I
   Petroleum..............................................       I
   Solvent................................................       I
  Stoddard Solvent.........................................       @I
   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.....................
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

[[Page 416]]


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...  ...........
   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

[[Page 417]]


  Palm oil, fatty acid methyl ester........................       D
  Penetrating..............................................       I
  Perilla..................................................       D
  Pilchard.................................................       D
  Pine.....................................................       C
  Residual.................................................       I
  Road.....................................................       I
  Rosin....................................................       B
  Seal.....................................................       I
  Soapstock................................................    
  Soya bean (epoxidized)...................................      [D]
  Sperm....................................................       D
  Spindle..................................................       I
  Tall.....................................................       B
  Tall, fatty acid.........................................       C
  Transformer..............................................       I
  Tung.....................................................       D
  Turbine..................................................       I
  Whale....................................................       D
alpha-Olefins (C6-C18).....................................       B
alpha-Olefins (C13-C18)....................................      III
Olefin mixtures (C5-C7)....................................       C
Olefin mixtures (C5-C15)...................................       B
Olefins (C13+, all isomers)................................      III
Olefin/Alkyl ester copolymer (molecular weight 2000+)......       D
Oleic acid.................................................       D
Oleyl alcohol (octadecenol), see Alcohols (C13+)...........  ...........
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

[[Page 418]]


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
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

[[Page 419]]


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
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

[[Page 420]]


    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
White spirit, see White spirit (low (15-20%) aromatic)....  ...........
White spirit (low (15-20%) aromatic)......................       B
Wine, see Alcoholic beverages, n.o.s.......................  ...........
Xylenes (ortho-, meta-, para-).............................       C
Zinc alkaryl dithiophosphate (C7-C16)......................       C
Zinc alkenyl carboxamide...................................       D
Zinc alkyl dithiophosphate (C3-C14)........................       B
------------------------------------------------------------------------
Note: See table 2 of part 153 for additional cargoes permitted to be
  carried by tank barge.
Explanation of Symbols: As used in this table the following stands for:
A, B, C, D_NLS Category of Annex II of MARPOL 73/78.
I_Considered an ``oil'' under Annex I of MARPOL 73/78.
III_Appendix III of Annex II (non-NLS cargoes) of MARPOL 73/78.
LFG_Liquefied flammable gas.
_No determination of NLS status. For shipping on an oceangoing
  vessel, see 46 CFR 153.900(c).
[ ]_A NLS category in brackets indicates that the product is
  provisionally categorized and that further data are necessary to
  complete the evaluation of its pollution hazards. Until the hazard
  evaluation is completed, the pollution category assigned is used.
@_The NLS category has been assigned by the U.S. Coast Guard, in absence
  of one assigned by the IMO. The category is based upon a GESAMP Hazard
  Profile or by analogy to a closely related product having an NLS
  assigned.
_The provisions contained in 46 CFR part 197, subpart C, may apply to
  this cargo.
Abbreviations for Noxious liquid Cargoes:
N.F._non-flammable (flash point greater than 60 degrees C (140 degrees
  F) cc).
F._flammable (flash point less than or equal to 60 degrees C (140
  degrees F) cc).
n.o.s._not otherwise specified.

[[Page 421]]


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]
    Effective Date Note: By USCG-2013-0423, 78 FR 50152, Aug. 16, 2013,
Sec. 30.25-1 was revised, effective Sept. 16, 2013. At 78 FR 56837,
Sept. 16, 2013, the effectiveness was delayed until Jan. 16, 2014. At 79
FR 2106, Jan. 13, 2014, the effectiveness was delayed until Jan. 16,
2015. For the convenience of the user, the revised text is set forth as
follows:



Sec. 30.25-1  Cargoes carried in vessels certificated under the rules
of this subchapter.

    (a) Table 30.25-1 lists flammable or combustible cargoes that, when
transported in bulk, must be in vessels certificated under this
subchapter D.
    (b) A mixture or blend of two or more cargoes appearing in Table
30.25-1 may be transported under this subchapter D.
    (c) A mixture or blend of one or more cargoes appearing in Table
30.25-1 and one or more cargoes appearing in Table 2, 46 CFR part 153,
may be carried under this subchapter D if the mixture is flammable or
combustible.
    (d) Any mixture containing one or more substance categorized by the
International Maritime Organization (IMO) and listed in Table 30.25-1 as
a category X, Y, or Z noxious liquid substance (NLS) may be carried in
bulk--
    (1) Under this subchapter D if the vessel is not regulated under 46
CFR part 153;
    (2) Under part 153 if the vessel is regulated under that part; or
alternatively under 33 CFR part 151 in the case of a category Y oil-like
NLS; or
    (3) Under 33 CFR part 151 if the cargo is a category Z NLS or a
mixture of non-NLS and category Z NLS cargoes.

  Table 30.25-1--List of Flammable and Combustible Bulk Liquid Cargoes
 [See NOTES at the end of the Table for explanation of symbols and terms
 used. See Table 2, 46 CFR part 153, for additional cargoes that may be
                         carried by tank barge.]
------------------------------------------------------------------------
                                                           IMO Annex II
                       Cargo name                           pollution
                                                             category
------------------------------------------------------------------------
Acetochlor *...........................................               X
Acetone................................................               Z
Acetophenone...........................................       
Acrylonitrile-Styrene copolymer dispersion in polyether               Y
 polyol................................................
Alcohol(C6-C17)(secondary) poly(3-6)ethoxylates........               Y
Alcohol(C6-C17)(secondary) poly(7-12)ethoxylates.......               Y
Alcohol(C9-C11) poly(2.5-9)ethoxylate..................               Y
Alcohol(C12-C15) poly( . . . )ethoxylates, see                        Y
 Alcohol(C12-C16) poly( . . . ) ethoxylates............
Alcohol(C12-C16) poly(1-6)ethoxylates..................               Y
Alcohol(C12-C16) poly(7-19)ethoxylates.................               Y
Alcohol(C12-C16) poly(20+)ethoxylates..................               Y
Alcohols (C13+)........................................               Y
Alcoholic beverages, n.o.s.............................               Z
Aliphatic oil..........................................               I
Alkanes (C6-C9)........................................               X
Iso- and cyclo-alkanes (C10-C11).......................               Y
Iso- and cyclo-alkanes (C12+)..........................               Y
n-Alkanes (C10+).......................................               Y
Alkaryl polyethers (C9-C20)............................               Y
Alkenyl(C11+) amide *..................................               X
Alkenyl(C8+) amine, Alkenyl(C12+) acid ester mixture...       
Alkyl acrylate-Vinylpyridine copolymer in toluene *....               Y
Alkylbenzene, alkylindane, alkylindene mixture (each                  Z
 C12-C17) *............................................
Alkyl(C3-C4) benzenes*.................................               Y
Alkyl(C5-C8) benzenes*.................................               X
Alkyl(C8-C9) phenylamine in aromatic solvents*.........               Y
Alkyl(C9+) benzenes....................................               Y
Alkyl(C11-C17) benzene sulfonic acid *.................               Y
Alkylbenzene sulfonic acid (4% or less)................       
Alkyl dithiocarbamate (C19-C35) *......................               Y
Alkyl dithiothiadiazole (C6-C24).......................               Y
Alkyl ester copolymer (C4-C20).........................               Y
Alkyl(C7-C11)phenol poly(4-12) ethoxylate..............               Y
Alkyl phenol sulfide (C8-C40), see Alkyl(C8-C40) phenol
 sulfide...............................................
Alkyl(C8-C40) phenol sulfide...........................               Z
Alkyl(C8-C9) phenylamine in aromatic solvents *........               Y

[[Page 422]]


Alkyl(C9-C15) phenyl propoxylate.......................               Z
Alkyl(C8-C10) polyglucoside solution (65% or less) *...               Y
Alkyl(C12-C14) polyglucoside solution (55% or less) *..               Y
Alkyl(C8-C10)/(C12-C14):(40% or less/60% or more)                     Y
 polyglucoside solution (55% or less) *................
Alkyl(C8-C10)/(C12-C14):(60% or more/40% or less)                     Y
 polyglucoside solution (55% or less) *................
Alkyl(C8-C10)/(C12-C14):(50%/50%) polyglucoside                       Y
 solution (55% or less)*...............................
Alkyl(C10-C20, saturated and unsaturated) phosphate *..               Y
n-Alkyl phthalates, see individual phthalates..........
Alkyl sulfonic acid ester of phenol....................               Y
Aminoethyldiethanolamine/Aminoethylethanolamine                       Z
 solution..............................................
2-Amino-2-methyl-1-propanol *..........................               Z
Amyl acetate (all isomers).............................               Y
Amyl alcohol (iso-, n-, sec-, primary, tert-)..........               Z
tert-Amyl ethyl ether *................................               Z
tert-Amyl methyl ether.................................               X
Amyl methyl ketone, see Methyl amyl ketone.............
Amylene, see Pentene (all isomers).....................
Animal acid oil........................................       
Animal and Fish acid oils and distillates, n.o.s.......       
Animal and Fish oils, n.o.s............................       
Animal oil.............................................       
Aromatic oil...........................................               I
Aryl polyolefins (C11-C50).............................               Y
Asphalt................................................               I
Asphalt blending stocks:
    Roofers flux.......................................               I
    Straight run residue...............................               I
Aviation alkylates (C8 paraffins and iso-paraffins BPT                X
 95-120 C) *...........................................
Barium long-chain alkyl (C8-C14) phenate sulfide.......       
Beechnut oil...........................................       
Behenyl alcohol, see Alcohols (C13+)...................
Benzene tricarboxylic acid, trioctyl ester.............               Y
Benzyl acetate*........................................               Y
Benzyl alcohol.........................................               Y
Brake fluid base mix: Poly(2-8)alkylene(C2-C3) glycols/               Z
 Polyalkylene(C2-C10) glycols monoalkyl(C1-C4) ethers
 and their borate esters...............................
Butene, see Butylene...................................
Butene oligomer........................................               X
Butyl acetate (all isomers)............................               Y
Butyl alcohol (iso-, n-, sec-, tert-), see Butyl
 alcohol (all isomers).................................
Butyl alcohol (all isomers)............................               Z
Butylbenzene (all isomers) *...........................               X
Butyl benzyl phthalate.................................               X
Butyl butyrate (all isomers) *.........................               Y
Butylene glycol........................................               Z
1,3-Butylene glycol, see Butylene glycol...............
iso-Butyl formate......................................       
n-Butyl formate........................................       
Butyl heptyl ketone....................................       
Butyl methyl ketone, see Methyl butyl ketone...........
n-Butyl propionate.....................................               Y
Butyl stearate.........................................       
Butyl toluene..........................................       
gamma-Butyrolactone....................................               Y
Calcium alkyl(C9)phenol sulfide, polyolefin                   
 phosphorosulfide mixture..............................
Calcium alkyl salicylate, see Calcium long-chain alkyl
 salicylate (C13+).....................................
Calcium long-chain alkaryl sulfonate (C11-C50).........       
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...............               Y
Calcium long-chain alkyl(C11-C40) phenate..............               Y
Calcium long-chain alkyl phenolic amine (C8-C40).......       
Calcium long-chain alkyl salicylate (C13+).............               Y
Candelilla wax, see Waxes..............................
Caprolactam solutions, see epsilon-Caprolactam (molten
 or aqueous solutions).................................
epsilon-Caprolactam (molten or aqueous solutions) *....               Z
Carnauba wax, see Waxes................................
Cetyl alcohol, see Alcohols (C13+).....................

[[Page 423]]


Cetyl- stearyl alcohol, see Alcohols (C13+)............
Chlorinated paraffins (C10-C13) *......................               X
1-(4-Chlorophenyl)-4,4-dimethyl-pentan-3-one *.........               Y
Citric acid (70% or less) *............................               Z
Clarified oil..........................................               I
Coal oil...............................................       
Coconut oil fatty acid methyl ester *..................               Y
Cod liver oil..........................................       
Copper salt of long-chain (C17+) alkanoic acid.........               Y
Corn acid oil..........................................       
Cotton seed acid oil...................................       
Cotton seed, fatty acid, see Cotton seed oil, fatty
 acid..................................................
Cotton seed oil, fatty acid............................       
Crude Isononylaldehyde.................................       
Crude Isopropanol......................................              @Z
dagger; Crude oil......................................               I
Cumene , see Propylbenzene (all isomers)...............
Cycloheptane *.........................................               X
Cyclohexane............................................               Y
Cyclohexanol...........................................               Y
Cyclohexyl acetate *...................................               Y
1,3-Cyclopentadiene dimer (molten).....................              Y*
Cyclopentane *.........................................               Y
Cyclopentene *.........................................               Y
p-Cymene...............................................               Y
Dark mixed acid oil....................................       
Decahydronaphthalene...................................               Y
iso-Decaldehyde........................................       
n-Decaldehyde..........................................       
Decane, see n-Alkanes (C10+)...........................
Decanoic acid *........................................               X
Decene.................................................               X
Decyl acetate..........................................       
Decyl alcohol (all isomers)............................               Y
n-Decylbenzene, see Alkyl(C9+)benzenes.................
Detergent alkylate, see Alkyl(C9+)benzenes.............
Diacetone alcohol......................................               Z
Dialkyl(C10-C14) benzenes, see Alkyl(C9+) benzenes.....
Dialkyl(C8-C9) diphenylamines..........................               Z
Dialkyl(C7-C13) phthalates.............................               X
    Including:
        Diisodecyl phthalate...........................
        Diisononyl phthalate...........................
        Dinonyl phthalate..............................
        Ditridecyl phthalate...........................
        Diundecyl phthalate............................
Dibutyl carbinol, see Nonyl alcohol (all isomers)......
Dibutyl hydrogen phosphonate *.........................               Y
2,6-Di-tert-butylphenol *..............................               X
Dibutyl phthalate *....................................               X
ortho-Dibutyl phthalate, see Dibutyl phthalate.........
Dibutyl terephthalate *................................               Y
Dicyclopentadiene, see 1,3-Cyclopentadiene dimer
 (molten)..............................................
Diesel oil.............................................               I
Diethylbenzene.........................................               Y
Diethylene glycol......................................               Z
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 diethyl ether........................               Z
Diethylene glycol ethyl ether, see Poly(2-8)alkylene
 glycol monoalkyl(C1-C6) ether.........................
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............................               Y
Diethylene glycol propyl ether, see Poly(2-8)alkylene
 glycol monoalkyl(C1-C6) ether.........................
Di-(2-ethylhexyl)adipate...............................               Y

[[Page 424]]


Di-(2-ethylhexyl)phthalate, see Dioctyl phthalate......
Diethyl phthalate......................................               Y
Diglycidyl ether of bisphenol A........................               X
Diglycidyl ether of bisphenol F *......................               Y
Diheptyl phthalate.....................................               Y
Di-n-hexyl adipate *...................................               X
Dihexyl phthalate......................................               Y
Diisobutyl carbinol, see Nonyl alcohol (all isomers)...
Diisobutylene..........................................               Y
Diisobutyl ketone......................................               Y
Diisobutyl phthalate...................................               X
Diisodecyl phthalate, see Dialkyl(C7-C13) phthalates...
Diisononyl adipate.....................................               Y
Diisononyl phthalate, see Dialkyl(C7-C13) phthalates...
Diisooctyl phthalate...................................               Y
Diisopropylbenzene (all isomers).......................               X
Diisopropylnaphthalene.................................               Y
Dimethyl adipate.......................................               X
Dimethylbenzene, see Xylenes...........................
Dimethyl glutarate.....................................               Y
Dimethyl octanoic acid *...............................               Y
Dimethyl phthalate.....................................               Y
Dimethylpolysiloxane...................................               Y
2,2-Dimethylpropane-1,3-diol (molten or solution)......               Z
Dimethyl succinate.....................................               Y
Dinonyl phthalate......................................               Y
Dioctyl phthalate......................................               X
Dipentene..............................................               Y
Diphenyl...............................................               X
Diphenylamine (molten) *...............................               Y
Diphenylamines, alkylated *............................               Y
Diphenyl/Diphenyl ether mixtures.......................               X
Diphenyl ether.........................................               X
Diphenyl ether/Diphenyl phenyl ether mixture...........               X
Diphenylol propane-epichlorohydrin resins *............               X
Dipropylene glycol.....................................               Z
Dipropylene glycol butyl ether, see Poly(2-8)alkylene
 glycol monoalkyl(C1-C6) ether.........................
Dipropylene glycol dibenzoate..........................       
Dipropylene glycol methyl ether, see Poly(2-8)alkylene
 glycol monoalkyl(C1-C6) ether.........................
Dithiocarbamate ester (C7-C35)*........................               X
Distillates:
    Flashed feed stocks................................               I
    Straight run.......................................               I
Diundecyl phthalate....................................               Y
Dodecane (all isomers).................................               Y
Dodecanol, see Dodecyl alcohol.........................
Dodecene (all isomers).................................               X
Dodecyl alcohol........................................               Y
Dodecyl benzene, see Alkyl (C9+) benzenes..............
Dodecyl hydroxypropyl sulfide..........................               X
Dodecyl phenol.........................................               X
Dodecyl xylene.........................................               Y
Drilling brines (containing zinc salts) (if flammable                 X
 or combustible) *.....................................
Drilling brines, including: Calcium bromide solution,                 Z
 calcium chloride solution and sodium chloride solution
 (if flammable or combustible) *.......................
Drilling mud (low toxicity) (if flammable or                  
 combustible)..........................................
ETBE, see Ethyl tert-butyl ether.......................
2-Ethoxyethyl acetate..................................               Y
Ethoxylated alkyloxy alkyl amine, see Ethoxylated long-
 chain (C16+) alkyloxyalkylamine.......................
Ethoxy triglycol (crude)...............................       
Ethyl acetate..........................................               Z
Ethyl acetoacetate.....................................               Z
Ethyl alcohol..........................................               Z
Ethyl amyl ketone......................................               Y
Ethylbenzene...........................................               Y
Ethyl butanol..........................................       
Ethyl tert-butyl ether.................................               Y
Ethyl butyrate.........................................               Y

[[Page 425]]


Ethyl cyclohexane......................................               Y
S-Ethyl dipropylthiocarbamate *........................               Y
Ethylene carbonate.....................................               Z
Ethylene glycol........................................               Y
Ethylene glycol acetate................................               Y
Ethylene glycol butyl ether acetate....................               Y
Ethylene glycol diacetate..............................               Y
Ethylene glycol dibutyl ether..........................       
Ethylene glycol ethyl ether acetate, see 2-Ethoxyethyl
 acetate...............................................
Ethylene glycol methyl butyl ether.....................       
Ethylene glycol methyl ether acetate...................               Y
Ethylene glycol phenyl ether...........................               Z
Ethylene glycol phenyl ether/Diethylene glycol phenyl                 Z
 ether mixture.........................................
Ethyl-3-ethoxypropionate...............................               Y
2-Ethylhexaldehyde, see Octyl aldehydes................
2-Ethylhexanoic acid...................................               Y
Ethylhexoic acid, see 2-Ethylhexanoic acid.............
2-Ethylhexanol, see Octanol (all isomers)..............
Ethyl hexyl phthalate..................................       
2-Ethyl-2-(hydroxymethyl) propane-1,3-diol, (C8-C10)                  Y
 ester.................................................
Ethyl propionate.......................................               Y
Ethyl toluene..........................................               Y
Fatty acid (saturated, C13+)...........................               Y
Fatty acids, (C16+) *..................................               Y
Fatty acids, essentially linear (C6-C18) 2-ethylhexyl                 Y
 ester *...............................................
Fish acid oil..........................................       
Formamide..............................................               Y
Furfuryl alcohol.......................................               Y
dagger; Gas oil, cracked...............................               I
Gas oil, high pour.....................................               I
Gas oil, low pour......................................               I
Gas oil, low sulfur....................................               I
Gasoline blending stocks:
    Alkylates..........................................               I
    dagger; Reformates.................................               I
Gasolines:
    dagger; Automotive (containing not over 4.23 grams                I
     lead per gallon)..................................
    dagger; Aviation (containing not over 4.86 grams                  I
     lead per gallon)..................................
    Casinghead (natural)...............................               I
    Polymer............................................               I
    dagger; Straight run...............................               I
Gasoline (Natural gas condensate)......................               I
Glycerine..............................................               Z
Glycerine (83%), Dioxanedimethanol (17%) mixture.......       
Glycerol, see Glycerine................................
Glycerol ethoxylated *.................................              OS
Glycerol monooleate....................................               Y
Glycerol polyalkoxylate................................       
Glycerol, propoxylated and ethoxylated *...............               Z
Glycerol/sucrose blend propoxylated and ethoxylated *..               Z
Glyceryl triacetate....................................               Z
Glycidyl ester of tridecyl acetic acid, see Glycidyl
 ester of C10 trialkylacetic acid......................
Glycidyl ester of versatic acid, see Glycidyl ester of
 C10 trialkylacetic acid...............................
Glycidyl ester of C10 trialkylacetic acid..............               Y
Glycol diacetate, see Ethylene glycol diacetate........
Glycol triacetate, see Glyceryl triacetate.............
Glyoxal solution (40% or less).........................               Y
Glyphosate solution (not containing surfactant)........               Y
Groundnut acid oil.....................................       
Groundnut oil *........................................               Y
Hazelnut oil...........................................       
Heartcut distillate....................................               I
Heptadecane, see n-Alkanes (C10+)......................
Heptane (all isomers)..................................               X
Heptanoic acid, see n-Heptanoic acid...................
n-Heptanoic acid *.....................................               Z
Heptanol (all isomers).................................               Y
Heptene (all isomers)..................................               Y

[[Page 426]]


Heptyl acetate.........................................               Y
Herbicide (C15H22NO2Cl), see N-(2-Methoxy-1-methyl
 ethyl)-2-ethyl-6-methylchloroacetanilide..............
Hexadecanol, see Alcohol (C 13+).......................
1-Hexadecylnaphthalene/1,4-Bis(hexadecyl)naphthalene                  Y
 mixture...............................................
Hexaethylene glycol, see Polyethylene glycol...........
Hexamethylene glycol...................................               Z
Hexamethylenetetramine solutions.......................               Z
Hexane (all isomers)...................................               Y
1,6-Hexanediol, distillation overheads *...............               Y
Hexanoic acid..........................................               Y
Hexanol................................................               Y
Hexene (all isomers)...................................               Y
Hexyl acetate..........................................               Y
Hexylene glycol........................................               Z
Hydrogenated starch hydrolysate *......................              OS
2-Hydroxy-4-(methylthio)butanoic acid..................               Z
Hydroxy terminated polybutadiene, see Polybutadiene,
 hydroxy terminated....................................
Illipe oil *...........................................               Y
Isoamyl alcohol *......................................               Z
Isobutyl alcohol *.....................................               Z
Isobutyl formate *.....................................               Z
Isobutyl methacrylate *................................               Z
Isopropyl acetate *....................................               Z
Isopropyl alcohol*.....................................               Z
Isopropylcyclohexane*..................................               Y
Jatropha oil*..........................................               Y
Jet fuels:
    dagger; JP-4.......................................               I
    JP-5 (kerosene, heavy).............................               I
    JP-8...............................................               I
Kerosene...............................................               I
Lactic acid............................................               Z
Lanolin oil............................................       
Lard acid oil..........................................       
Latex: Carboxylated styrene-Butadiene copolymer;                      Z
 Styrene-Butadiene rubber*.............................
Lauric acid*...........................................               X
Lecithin...............................................              OS
Long-chain alkaryl polyether (C11-C20).................               Y
Long-chain alkaryl sulfonic acid (C16-C60).............               Y
Long-chain alkylphenate/Phenol sulfide mixture.........               Y
Lubricating oil........................................               I
L-Lysine solution (60% or less) *......................               Z
Magnesium long-chain alkaryl sulfonate (C11-C50).......               Y
Magnesium long-chain alkyl phenate sulfide (C8-C20)....       
Magnesium long-chain alkyl salicylate (C11+)...........               Y
Magnesium nonyl phenol sulfide, see Magnesium long-
 chain alkyl phenate sulfide (C8-C20)..................
Mango kernel oil *.....................................               Y
2-Mercaptobenzothiazol (in liquid mixtures)............       
3-Methoxy-1-butanol....................................               Z
3-Methoxybutyl acetate.................................               Y
1-Methoxy-2-propyl acetate.............................       
N-(2-Methoxy-1-methyl ethyl)-2-ethyl-6-                               X
 methylchloroacetanilide *.............................
Methoxy triglycol, see Poly(2-8)alkylene glycol
 monoalkyl(C1-C6) ether................................
Methyl acetate.........................................               Z
Methyl acetoacetate....................................               Z
Methyl alcohol.........................................               Y
Methylamyl acetate.....................................               Y
Methylamyl alcohol.....................................               Z
Methyl amyl ketone.....................................               Z
Methyl butanol, see the amyl alcohols..................
Methylbutenol..........................................               Y
Methyl tert-butyl ether................................               Z
Methyl butyl ketone....................................               Y
Methylbutynol *........................................               Z
Methyl butyrate........................................               Y
Methylcyclohexane *....................................               Y
Methylcyclopentadiene dimmer *.........................               Y
Methyl 3-(3,5 di-tert-butyl-4-hydroxyphenyl)propionate              [Y]
 crude melt *..........................................

[[Page 427]]


Methyl ethyl ketone....................................               Z
N-Methylglucamine solution (70% or less)...............               Z
Methyl heptyl ketone...................................       
Methyl isobutyl carbinol, see Methyl amyl alcohol......
Methyl isobutyl ketone.................................               Z
3-Methyl-3-methoxybutanol..............................               Z
3-Methyl-3-methoxybutyl acetate........................       
Methyl pentene, see Hexene (all isomers)...............
Methyl tert-pentyl ether, see tert-Amyl methyl ether...
2-Methyl-1,3-propanediol...............................               Z
Methyl propyl ketone...................................               Z
N-Methyl-2-pyrrolidone.................................               Y
Methyl salicylate *....................................               Y
Metolachlor, see N-(2-Methoxy-1-methylethyl)-2-ethyl-6-
 methylchloroacetanilide...............................
Mineral oil............................................               I
Mineral seal oil.......................................               I
Mineral spirits........................................               I
Mixed acid oil.........................................       
Mixed general acid oil.................................       
Mixed hard acid oil....................................       
Mixed soft acid oil....................................       
Motor oil..............................................               I
MTBE, see Methyl tert-butyl ether......................
Myrcene................................................               X
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
Naphthenic acid........................................       
Neatsfoot oil..........................................       
Neodecanoic acid *.....................................               Y
Nitrilotriacetic acid, trisodium salt solution *.......               Y
Nonane (all isomers)...................................               X
Nonanoic acid (all isomers)............................               Y
Nonanoic, Tridecanoic acid mixture.....................       
Nonene (all isomers)...................................               Y
Nonyl acetate..........................................       
Nonyl alcohol (all isomers)............................               Y
Nonyl methacrylate monomer.............................               Y
Nonylphenol............................................               X
Nonylphenol poly(4+)ethoxylate.........................               Y
Nonyl phenol sulfide (90% or less), see Alkyl (C8-C40)
 phenol sulfide........................................
Noxious liquid, F, (2) n.o.s. (``trade name'' contains                X
 ``principle components'') ST 1, Cat X.................
Noxious liquid, F, (4) n.o.s. (``trade name'' contains                X
 ``principle components'') ST 2, Cat X.................
Noxious liquid, F, (6) n.o.s. (``trade name'' contains                Y
 ``principle components'') ST 2, Cat Y.................
Noxious liquid, F, (8) n.o.s. (``trade name'' contains                Y
 ``principle components'') ST 3, Cat Y.................
Noxious liquid, F, (10) n.o.s. (``trade name'' contains               Z
 ``principle components'') ST 3, Cat Z.................
Noxious liquid, (11) n.o.s. (``trade name'' contains                  Z
 ``principle components'') Cat Z (if flammable or
 combustible)..........................................
Non noxious liquid, (12) n.o.s. (``trade name''                      OS
 contains ``principle components'') Cat OS (if
 flammable or combustible).............................
Nutmeg butter oil......................................       
Octadecanol, see Alcohols (C13+).......................
Octadecene, see the olefin or alpha-olefin entries.....
Octadeceneamide solution...............................       
Octamethylcyclotetrasiloxane*..........................               Y
Octane (all isomers)...................................               X
Octanoic acid (all isomers)............................               Y
Octanol (all isomers)..................................               Y
Octene (all isomers)...................................               Y
Octyl acetate, see n-Octyl acetate.....................
n-Octyl acetate *......................................               Y
Octyl alcohol (iso-, n-), see Octanol (all isomers)....
Octyl aldehydes........................................               Y
Octyl decyl adipate....................................               Y

[[Page 428]]


Octyl phthalate, see Dioctyl phthalate.................
Oil, edible: Poppy seed................................               I
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
Oiticica oil...........................................       
alpha-Olefins (C6-C18) mixtures........................               X
alpha-Olefins (C13-C18) mixtures, see alpha-Olefins (C6-
 C18)..................................................
Olefins (C13+, all isomers)............................               Y
Olefin-Alkyl ester copolymer (molecular weight 2000+)..               Y
Olefin mixtures (C5-C7)................................               Y
Olefin mixtures (C5-C15)...............................               X
Oleic acid.............................................               Y
Oleyl alcohol, see Alcohols (C13+).....................
Orange juice (concentrated) *..........................              OS
Palm kernel acid oil, methyl ester.....................       
Palm kernel olein *....................................               Y
Palm kernel stearin *..................................               Y
Palm mid-fraction *....................................               Y
Palm oil fatty acid methyl ester *.....................               Y
Palm olein *...........................................               Y
Palm stearin *.........................................               Y
Paraffin wax...........................................               Y
n-Paraffins (C10-C20), see n-Alkanes (C10+)............
Peanut oil, see Groundnut oil..........................
Peel oil (oranges and lemons)..........................       
Penetrating oil........................................               I
Pentadecanol, see Alcohols (C13+)......................
Pentaethylene glycol, see Polyethylene glycols.........
Pentane (all isomers)..................................               Y
Pentanoic acid.........................................               Y
Pentene (all isomers)..................................               Y
n-Pentyl propionate....................................               Y
Perilla oil............................................       
Petrolatum.............................................               Y
1-Phenyl-1-xylyl ethane................................               Y
Phosphate esters, alkyl (C12-C14) amine................               Y
Phosphosulfurized bicyclic terpene.....................       
Pilchard oil...........................................       
Pinene, see the alpha- or beta- isomers................
alpha-Pinene...........................................               X
beta-Pinene............................................               X
Pine oil *.............................................               X
Polyalkyl(C18-C22) acrylate in xylene *................               Y
Polyalkylene glycols, polyalkylene glycol monoalkyl           
 ethers mixtures.......................................
Polyalkylalkenaminesuccinimide, molybdenum oxysulfide *               Y
Polyalkylene glycol butyl ether, see Poly(2-8)alkylene
 glycol monoalkyl(C1-C6) ether.........................
Poly(2-8)alkylene glycol monoalkyl (C1-C6) ether.......               Z
    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                      Y
 acetate...............................................
    Including:

[[Page 429]]


        Diethylene glycol butyl ether acetate..........
        Diethylene glycol ethyl ether acetate..........
        Diethylene glycol methyl ether acetate.........
Polyalkylene oxide polyol..............................       
Polyalkyl(C10-C20) methacrylate........................               Y
Polyalkyl(C10-C18) methacrylate/ethylene-propylene                    Y
 copolymer mixture *...................................
Polybutadiene, hydroxy terminated......................       
Polybutene.............................................               Y
Polybutenyl succinimide................................               Y
Poly(2+)cyclic aromatics *.............................               X
Polydimethylsiloxane, see Dimethylpolysiloxane.........
Polyether (molecular weight 1350+).....................               Y
Polyether polyols......................................       
Polyethylene glycol....................................               Z
Polyethylene glycol dimethyl ether.....................               Z
Poly(ethylene glycol) methylbutenyl ether (MW1000) *............................................
Polyethylene glycol monoalkyl ether, see Poly(2-
 8)alkylene glycol monoalkyl(C1-C6) ether..............
Polyglycerine, sodium salt solution (containing less                  Z
 than 3% sodium hydroxide).............................
Polyglycerol...........................................       
Polyisobutenamine in aliphatic (C10-C14) solvent *.....               Y
Polyisobutenyl anhydride adduct........................               Z
Poly(4+)isobutylene....................................               Y
Polymerized esters.....................................       
Polyolefin amide alkeneamine (C17+)....................               Y
Polyolefin amide alkeneamine (C28+), see Polyolefin
 amide alkeneamine (C17+)..............................
Polyolefin amide alkeneamine borate (C28-C250).........               Y
Polyolefin amide alkeneamine/Molybdenum oxysulfide            
 mixture...............................................
Polyolefin amide alkeneamine polyol....................               Y
Polyolefinamine (C28-C250) *...........................               Y
Polyolefinamine in alkyl (C2-C4) benzenes *............               Y
Polyolefinamine in aromatic solvent *..................               Y
Polyolefin aminoester salts (molecular weight 2000+) *.               Y
Polyolefin anhydride...................................               Y
Polyolefin ester (C28-C250)............................               Y
Polyolefin phenolic amine (C28-C250)...................               Y
Polyolefin phosphorosulfide, barium derivative (C28-                  Y
 C250).................................................
Poly(20)oxyethylene sorbitan monooleate................               Y
Poly(5+)propylene......................................               Y
Polypropylene glycol methyl ether, see Poly(2-
 8)alkylene glycol monoalkyl(C1-C6) ether..............
Polysiloxane...........................................               Y
Poppy oil..............................................       
Potassium oleate.......................................               Y
Potassium salt of polyolefin acid......................       
n-Propoxypropanol, see Propylene glycol monoalkyl ether
n-Propyl acetate.......................................               Y
n-Propyl alcohol.......................................               Y
iso-Propylbenzene, see Propylbenzene (all isomers).....
n-Propylbenzene, see Propylbenzene (all isomers).......
Propylbenzene (all isomers)............................               Y
Propylene-Butylene copolymer...........................       
Propylene carbonate....................................               Z
Propylene dimer........................................       
Propylene glycol.......................................               Z
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..................               Z
Propylene glycol monoalkyl ether.......................               Z
    Including:
        n-Propoxypropanol..............................
        Propylene glycol n-butyl ether.................
        Propylene glycol ethyl ether...................
        Propylene glycol methyl ether..................
        Propylene glycol propyl ether..................
Propylene glycol phenyl ether..........................               Z
Propylene glycol propyl ether, see Propylene glycol
 monoalkyl ether.......................................
Propylene polymer (in liquid mixtures).................       
Propylene tetramer.....................................               X

[[Page 430]]


Propylene trimer.......................................               Y
Pseudocumene, see Trimethylbenzenes....................
Raisin seed oil........................................       
Rapeseed acid oil......................................       
Rape seed oil fatty acid methyl esters*................               Y
Residual oil...........................................               I
Road oil...............................................               I
Rosin *................................................               Y
Rosin oil..............................................       
Rum, see Alcoholic beverages, n.o.s....................
Safflower acid oil.....................................       
Salad oil..............................................       
Seal oil...............................................               I
Sesame oil.............................................       
Soapstock oil..........................................       
Sodium acetate, Glycol, Water mixture (containing 1% or       
 less, Sodium hydroxide) (if flammable or combustible).
Sodium benzoate........................................               Z
Sodium long-chain alkyl salicylate (C13+)..............       
Sodium thiocyanate solution (56% or less) *............               Y
Soya acid oil..........................................       
Soyabean fatty acid methyl ester.......................       
Soyabean oil (epoxidized)..............................       
Spindle oil............................................               I
Stearic acid, see Fatty acid (saturated, C13+).........
Stearyl alcohol, see Alcohols (C13+)...................
Sulfohydrocarbon (C3-C88)..............................               Y
Sulfohydrocarbon, long-chain (C18+) alkylamine.........       
Sulfolane..............................................               Y
Sulfurized fat (C14-C20)...............................               Z
Sulfurized polyolefinamide alkene(C28-C250) amine......               Z
Sunflower oil, see Sunflower seed acid oil.............
Sunflower seed acid oil................................       
Tall oil, distilled *..................................               Y
Tall oil, fatty acid...................................       
Tallow.................................................               Y
Tallow alcohol, see Alcohols (C13+)....................
Tallow alkyl nitrile...................................       
Tallow fatty acid......................................               Y
TAME, see tert-Amyl methyl ether.......................
Tetradecanol, see Alcohols (C13+)......................
Tetradecene, see alpha-Olefins (C6-C18) mixtures,
 Olefin mixtures (C5-C15), or Olefins (C13+, all
 isomers)..............................................
Tetradecylbenzene, see Alkyl(C9+)benzenes..............
Tetraethylene glycol...................................               Z
Tetraethyl silicate monomer/oligomer (20% in ethanol) *               Z
Tetrahydronaphthalene..................................               Y
Tetramethylbenzene (all isomers) *.....................               X
Tetrapropylbenzene, see Alkyl(C9+)benzenes.............
Toluene................................................               Y
Transformer oil........................................               I
Triarylphosphate, see Triisopropylated phenyl
 phosphates............................................
Tributyl phosphate.....................................               Y
Tridecane..............................................               Y
Tridecanoic acid.......................................               Y
Tridecanol, see Alcohols (C13+)........................
Tridecene, see Olefins (C13+, all isomers).............
Tridecyl acetate.......................................               Y
Tridecylbenzene, see Alkyl(C9+)benzenes................
Triethylbenzene........................................               X
Triethylene glycol.....................................               Z
Triethylene glycol butyl ether, see Poly(2-8)alkylene
 glycol monoalkyl(C1-C6) ether.........................
Triethylene glycol butyl ether mixture.................       
Triethylene glycol di-(2-ethylbutyrate)................       
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.....................................               Z
Triisooctyl trimellitate...............................       
Triisopropanolamine....................................               Z

[[Page 431]]


Triisopropylated phenyl phosphates.....................               X
Trimethylbenzene (all isomers).........................               X
2,2,4-Trimethyl-1,3-pentanediol diisobutyrate..........               Y
2,2,4-Trimethyl-1,3-pentanediol-1-isobutyrate *........               Y
2,2,4-Trimethyl-3-pentanol-1-isobutyrate...............       
Tripropylene, see Propylene trimer.....................
Tripropylene glycol....................................               Z
Tripropylene glycol methyl ether, see Poly(2-8)alkylene
 glycol monoalkyl(C1-C6) ether.........................
Trixylenyl phosphate, see Trixylyl phosphate...........
Trixylyl phosphate.....................................               X
Tucum oil..............................................       
Turbine oil............................................               I
Turpentine.............................................               X
dagger; Turpentine substitute, see White spirit (low
 (15-20%) aromatic)....................................
Undecanoic acid........................................               Y
1-Undecanol, see Undecyl alcohol.......................
Undecene, see 1-Undecene...............................
1-Undecene.............................................               X
1-Undecyl alcohol, see Undecyl alcohol.................
Undecyl alcohol........................................               X
Undecylbenzene, see Alkyl(C9+)benzenes.................
Vegetable oils, n.o.s..................................       
Vegetable protein solution (hydrolyzed) (if flammable                OS
 or combustible) *.....................................
Walnut oil.............................................       
Waxes..................................................               Y
dagger; White spirit, see White spirit (low (15-20%)
 aromatic).............................................
dagger; White spirit, low (15-20%) aromatic............               Y
Wine, see Alcoholic beverages, n.o.s...................
Xylenes................................................               Y
Xylenes/Ethylbenzene (10% or more) mixture *...........               Y
Zinc alkaryl dithiophosphate (C7-C16)..................               Y
Zinc alkenyl carboxamide...............................               Y
Zinc alkyl dithiophosphate (C3-C14)....................               Y
------------------------------------------------------------------------
NOTES:
``'' = NLS status is undetermined_see 46 CFR 153.900(c) for
  shipping on an oceangoing vessel.
``dagger;'' = Marine occupational safety and health regulations for
  benzene, 46 CFR part 197, subpart C, may apply to this cargo.
``[ ]'' = Provisional categorization to which the United States is
  party.
``@'' = 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.
``*'' From the March 2012 Annex to the 2007 edition of the IBC Code.
``Cat'' = Pollution category.
``F'' = Flammable (flash point less than or equal to 60 degrees C (140
  degrees F) NLS.
``I'' = An ``oil'' under MARPOL Annex I.
Italicized words are not part of the cargo name but may be used in
  addition to the cargo name.
``n.o.s.'' = Not otherwise specified.
``OS'' = An ``other substance'' considered at present to present no harm
  to marine resources, human health, amenities, or other legitimate uses
  of the sea when discharged into the sea from tank cleaning or
  deballasting operations.
``see'' = A redirection to the preferred, alternative cargo name_for
  example in ``Diethyl ether, see Ethyl ether,'' the pollution category
  for ``diethyl ether'' will be found under the preferred, alternative
  cargo name ``ethyl ether.''
``ST'' = Ship type.
``X,'' ``Y,'' and ``Z'' = NLS categories under MARPOL Annex II.



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.

[[Page 432]]



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 (CG-CVC), Attn: Office of Commercial Vessel Compliance,
U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE.,
Washington, DC 20593-7501. 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; USCG-
2009-0702, 74 FR 49226, Sept. 25, 2009; USCG-2013-0671, 78 FR 60146,
Sept. 30, 2013]



Sec. 30.30-7  Availability of materials.

    Evaluation materials submitted in accordance with this subpart will
be available for inspection and copying at Coast Guard Headquarters.
Contact Commandant (CG-CVC), Attn: Office of Commercial Vessel
Compliance, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr.
Avenue SE., Washington, DC 20593-7501; telephone 202-372-1251.

[USCG-2013-0671, 78 FR 60146, Sept. 30, 2013]



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 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]

[[Page 433]]



PART 31_INSPECTION AND CERTIFICATION--Table of Contents



                          Subpart 31.01_General

Sec.
31.01-1 Inspections required--TB/ALL, preemptive effect.
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 Officers and crews--TB/ALL.
31.15-5 Tank barges--B/ALL.
31.15-10 Towing vessels may carry persons in addition to crew--B/LBR.

                   Subpart 31.20_Waters Operated Over

31.20-1 Waters--TB/ALL.

                        Subpart 31.25_Load Lines

31.25-1 Load lines required--TB/OCL.

                    Subpart 31.30_Marine Engineering

31.30-1 Marine engineering regulations and material specifications--TB/
          ALL.

                  Subpart 31.35_Electrical Engineering

31.35-1 Electrical installations, lighting and power equipment,
          batteries, etc.--TB/ALL.
31.35-5 Communications; alarm systems, telephone and voice tube systems,
          engine telegraph systems, etc.--TB/ALL.

          Subpart 31.36_Lifesaving Appliances and Arrangements

31.36-1 Lifesaving appliances and arrangements--TB/ALL.

Subpart 31.40_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.

[[Page 434]]

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, preemptive effect.

    (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.
    (d) The regulations in this part have preemptive effect over State
or local regulations in the same field.

[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; USCG-2006-24797, 77 FR 33872, June 7, 2012]



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 (CG-ENG), Attn: Office of Design and Engineering Systems,
U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE.,
Washington, DC 20593-7509; 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; USCG-2009-0702, 74 FR
49226, Sept. 25, 2009; USCG-2013-0671, 78 FR 60146, Sept. 30, 2013]



Sec. 31.01-5  Scope of initial inspection--TB/ALL.

    The initial inspection, which may consist of a series of inspections
during the construction of a vessel, shall include a complete inspection
of the structure, including the outside of the vessel's bottom, the
machinery, unfired pressure vessels, equipment and the inside and
outside of the boilers. The inspection shall be such as to insure that
the arrangements, material, and scantlings of the structure, boilers and
other pressure vessels and their appurtenances, piping, main and
auxiliary machinery, electrical installations, lifesaving appliances,
fire-detecting and extinguishing equipment, pilot boarding equipment and
other equipment fully comply with the applicable regulations for such
vessel and are in accordance with approved plans, and determine that the
vessel is in possession of a valid certificate issued by the Federal
Communications Commission, if any. The inspection shall be such as to
ensure that the workmanship of all parts of the vessel and its equipment
is in all respects satisfactory and that the vessel is provided with
lights, means of making sound signals, and distress signals as required
by applicable statutes and regulations.

[CGFR 65-50, 30 FR 16662, Dec. 30, 1965, as amended by CGFR 68-32, 33 FR
5712, Apr. 12, 1968; CGFR 68-82, 33 FR 18804, Dec. 18, 1968; CGD 82-036,
48 FR 654, Jan. 6, 1983; CGD 79-032, 49 FR 25455, June 21, 1984; CGD 95-
012, 60 FR 48049, Sept. 18, 1995]

[[Page 435]]



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.
    (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

[[Page 436]]

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 also be
examined at the Coast Guard Headquarters. Contact Commandant (CG-5PS),
Attn: Director of Commercial Regulations and Standards, U.S. Coast Guard
Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-
7509, 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;
USCG-2009-0702, 74 FR 49226, Sept. 25, 2009; USCG-2010-0759, 75 FR
60002, Sept. 29, 2010; USCG-2013-0671, 78 FR 60146, Sept. 30, 2013]



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
Commanding Officer (MSC), Attn: Marine Safety Center, U.S. Coast Guard
Stop 7410, 4200 Wilson Boulevard Suite 400, Arlington, VA 20598-7410,
for approval, but if the tank vessel is to be classed, such plans and
specifications shall first be approved by a recognized classification
society. If the plans and specifications are found to be in substantial
agreement with the regulations in this chapter, they shall be approved,
properly stamped and dated and distributed as follows: One set to owner
or builder; one set to Officer in Charge, Marine Inspection, of the
district in which the vessel is to be built; and one set shall be
retained at 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. Prior to submission to the Officer in Charge, Marine
Inspection, 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, on the Internet at http://www.icgb.com.
    (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

[[Page 437]]

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; USCG-2008-0906, 73
FR 56509, Sept. 29, 2008; USCG-2009-0702, 74 FR 49226, Sept. 25, 2009;
USCG-2013-0671, 78 FR 60146, Sept. 30, 2013]



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.
    (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;

[[Page 438]]

    (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 organizations to perform the required
inspection is granted by the Chief, Office of Vessel Activities,
Commandant (CG-CVC), and will continue until superseded, canceled, or
modified. The following organizations are currently recognized by the
Commandant (CG-CVC) as having the technical competence to handle the
required inspection:
    (1) National Cargo Bureau, Inc., with home offices at 17 Battery
Place, Suite 1232, New York, NY 10004; on the Internet at http://
www.natcargo.org.
    (2) The International Cargo Gear Bureau, Inc., with home office at
321 West 44th Street, New York, NY 10036; on the Internet at http://
www.icgb.com.

[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;
USCG-2008-0394, 73 FR 35961, June 25, 2008; USCG-2008-0906, 73 FR 56509,
Sept. 29, 2008]



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 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

[[Page 439]]

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.
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.

[[Page 440]]


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 must have that
                                         solution replaced. In all
                                         cases, ascertain that powder is
                                         not caked.
Carbon dioxide........................  Weigh cylinders. Recharge
                                         cylinder if weight loss exceeds
                                         10 percent of the weight of the
                                         charge. Test time delays,
                                         alarms, and ventilation
                                         shutdowns with carbon dioxide,
                                         nitrogen, or other nonflammable
                                         gas as stated in the system
                                         manufacturer's instruction
                                         manual. Inspect hoses for
                                         damage or decay. Ensure that
                                         nozzles are unobstructed.
                                         Cylinders must be tested and
                                         marked, and all flexible
                                         connections on fixed carbon
                                         dioxide systems must be tested
                                         or renewed, as required by 46
                                         CFR 147.60 and 147.65.
Halon 1301 and halocarbon.............  Recharge or replace if weight
                                         loss exceeds 5 percent of the
                                         weight of the charge or if
                                         cylinder has a pressure gauge,
                                         recharge cylinder if pressure
                                         loss exceeds 10 percent
                                         adjusted for temperature. Test
                                         time delays, alarms, and
                                         ventilation shutdowns with
                                         carbon dioxide, nitrogen, or
                                         other nonflammable gas as
                                         stated in the system
                                         manufacturer's instruction
                                         manual. Inspect hoses for
                                         damage or decay. Ensure that
                                         nozzles are unobstructed.
                                         Cylinders must be tested and
                                         marked, and all flexible
                                         connections to Halon 1301 and
                                         halocarbon cylinders must be
                                         tested or renewed, as required
                                         by 46 CFR 147.60 and 147.65 or
                                         147.67.
                                        NOTE: Halon 1301 system
                                         approvals have expired, but
                                         existing systems may be
                                         retained if they are in good
                                         and serviceable condition to
                                         the satisfaction of the Coast
                                         Guard inspector.
Inert gas.............................  Recharge or replace cylinder if
                                         cylinder pressure loss exceeds
                                         5 percent of the specified
                                         gauge pressure, adjusted for
                                         temperature. Test time delays,
                                         alarms, and ventilation
                                         shutdowns with carbon dioxide,
                                         nitrogen, or other nonflammable
                                         gas as stated in the system
                                         manufacturer's instruction
                                         manual. Ensure that nozzles are
                                         unobstructed. Cylinders must be
                                         tested and marked, and all
                                         flexible connections on fixed
                                         inert extinguishers must be
                                         tested or renewed, as required
                                         by 46 CFR 147.60 and 147.66.
Water mist............................  Maintain system in accordance
                                         with the maintenance
                                         instructions in the system
                                         manufacturer's design,
                                         installation, operation, and
                                         maintenance manual.
------------------------------------------------------------------------

    (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) The marine inspector must check all fire extinguishing system
piping, controls, valves, and alarms to ascertain that the system is in
good operating condition. For carbon dioxide or clean agent systems as
described in 46 CFR subpart 95.16, the marine inspector must:
    (1) Verify that flow is continuous and that the piping and nozzles
are unobstructed; and

[[Page 441]]

    (2) Verify that any discharge delays and pre-discharge alarms
function properly during the flow test.
    (g) The fire main system shall be operated and the pressure checked
at the most remote and highest outlets by the marine inspector. All fire
hose shall be subjected to a test pressure equivalent to the maximum
pressure to which they may be subjected in service, but not less than
100 p.s.i. The marine inspector shall check that the hose couplings are
securely fastened in accordance with the regulations of this subchapter.
    (h) At each inspection for certification, periodic inspection, and
at such other times as considered necessary, all carbon dioxide
cylinders for fixed, semiportable, and portable systems shall be
examined and replaced if any corrosion is found. They shall also be
checked by weighing to determine their contents, and if found to be more
than 10 percent under the required contents of carbon dioxide, they
shall be recharged.
    (i) Steam smothering lines shall be tested with at least 50 pounds
per square inch of air pressure or by blowing steam through the lines at
the working pressure and a survey made for detecting corrosion and
defects 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; USCG-2006-24797, 77 FR 33872, June 7,
2012]



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

[[Page 442]]

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 443]]

[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 444]]

two examinations within any five year period. No more than three years
may elapse between any two examinations.
[GRAPHIC] [TIFF OMITTED] TR30JY96.001


[[Page 445]]


    (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 (CG-CVC);
    (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 (CG-
CVC) 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 (CG-CVC) 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; USCG-2009-0702,
74 FR 49226, Sept. 25, 2009]



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

[[Page 446]]

after the midbody becomes 30 years old.
    (2) Regaugings:
    (i) Midbodies of double hull tank vessels, or single hull tank
vessels with independent tanks, that operated in fresh water at least 6
months in every 12-month period since the last drydock examination must
be regauged at intervals not exceeding 10 years;
    (ii) Midbodies of all other tank vessels must be regauged at
intervals not exceeding 5 years.
    (c) The midbody gauging survey must be comprised of at least three
transverse (girth) belts of deck, bottom, side, inner hull, trunk, and
longitudinal bulkhead plating and attached longitudinal members. The
number and specific locations of the gauging points shall be to the
satisfaction of the Officer in Charge of Marine Inspection (OCMI).
    (d) Except as provided in paragraph (f) of this section, within 60
days of the vessel's required compliance date the owner or operator
shall submit the following to the OCMI that issued the vessel's current
Certificate of Inspection:
    (1) The gauging survey results.
    (2) An engineering analysis signed by a registered Professional
Engineer licensed by any state of the United States or the District of
Columbia, or signed by a Coast Guard-approved organization, that--
    (i) Certifies the vessel's compliance with the minimum section
modulus and plating thickness requirements of subpart 32.59 of this
chapter; or
    (ii) Proposes structural repairs and/or modifications that will
bring the vessel up to the required strength standards.
    (e) The vessel owner or operator shall keep a permanent copy of the
Coast Guard-approved gauging report available for inspection by the
OCMI.
    (f) Instead of the submittals required by paragraphs (c) and (d) of
this section, current classification with the American Bureau of
Shipping or another recognized classification society, or a load line
certificate issued in accordance with the International Convention on
Load Lines or the International Voyage Load Line Act, may be submitted
as evidence of compliance with the requirements of this section.

[CGD 91-209, 58 FR 52602, Oct. 8, 1993]



Sec. 31.10-22  Notice and plans required.

    (a) The master, owner, operator, or agent of the vessel shall notify
the Officer in Charge, Marine Inspection, whenever the vessel is to be
drydocked regardless of the reason for drydocking.
    (b) Each vessel, except barges, that holds a Load Line Certificate
must have on board a plan showing the vessel's scantlings. This plan
must be made available to the Coast Guard marine inspector whenever the
vessel undergoes a drydock examination, internal structural examination,
cargo tank internal examination, or underwater survey or whenever
repairs are made to the vessel's hull.
    (c) Each barge that holds a Load Line Certificate must have a plan
showing the vessel's scantlings. The plan need not be maintained on
board the barge but must be made available to the Coast Guard marine
inspector whenever the barge undergoes a drydock examination, internal
structural examination, cargo tank internal examination or underwater
survey or whenever repairs are made to the barge's hull.

[CGD 84-024, 52 FR 39651, Oct. 23, 1987]



Sec. 31.10-24  Integral fuel oil tank examinations--T/ALL.

    (a) Each fuel oil tank with at least one side integral to the
vessel's hull and located within the hull (integral fuel oil tank) is
subject to inspection as provided in this section. The owner or 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 447]]

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 448]]

    (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  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 449]]



                        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 450]]



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 451]]

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 InSec. 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 452]]

32.50-15 Cargo piping on tank vessels constructed on or after July 1,
          1951--TB/ALL.
32.50-20 Cargo piping for tank vessels constructed between November 10,
          1936, and July 1, 1951--TB/ALL.
32.50-25 Cargo pumps and piping on tank vessels constructed prior to
          November 10, 1936--TB/ALL.
32.50-30 Cargo hose--TB/ALL.
32.50-35 Remote manual shutdown for internal combustion engine driven
          cargo pump on tank vessels--TB/ALL.

                       Subpart 32.52_Bilge Systems

32.52-1 Bilge pumps on tank vessels constructed or converted on or after
          November 19, 1952--TB/ALL.
32.52-5 Bilge piping for pump rooms and adjacent cofferdams on tank
          vessels constructed or converted on or after November 19,
          1952--TB/ALL.
32.52-10 Bilge pumps and piping on tank vessels constructed or converted
          prior to November 19, 1952--TB/ALL.

                     Subpart 32.53_Inert Gas System

32.53-1 Application--T/ALL.
32.53-3 Exemptions.
32.53-5 Operation--T/ALL.
32.53-10 General--T/ALL.
32.53-30 Positive pressure--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 453]]

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; Department of Homeland Security
Delegation No. 0170.1; 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 Coast Guard
Headquarters. Contact Commandant (CG-ENG), Attn: Office of Design and
Engineering Systems, U.S. Coast Guard Stop 7509, 2703 Martin Luther King
Jr. Avenue SE., Washington, DC 20593-7509. You may also inspect this
material 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) American Bureau of Shipping (ABS), ABS Plaza, 16855 Northchase
Drive, Houston, TX 77060, 281-877-5800, http://www.eagle.org.

    (1) Rules for Building and Classing Steel Vessels, 1989,
incorporation by reference approved for Sec. Sec. 32.15-15; 32.60-10;
32.65-40.

    (2) [Reserved]

[[Page 454]]

    (c) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959, 877-909-2786, http://www.astm.org.
    (1) ASTM D4986-98, Standard Test Method for Horizontal Burning
Characteristics of Cellular Polymeric Materials, incorporation by
reference approved for Sec. 32.57-10.
    (2) ASTM F1273-91 (Reapproved 2007), Standard Specification for Tank
Vent Flame Arresters (approved December 1, 2007), incorporation by
reference approved for Sec. 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; USCG-2009-0702, 74 FR
49227, Sept. 25, 2009; USCG-2012-0866, 78 FR 13249, Feb. 27, 2013; USCG-
2013-0671, 78 FR 60146, Sept. 30, 2013]



                    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

[[Page 455]]

15, 1987, may retain previously accepted or approved installations so
long as they are maintained in good condition to the satisfaction of the
Officer in Charge, Marine Inspection.

[CGFR 69-72, 34 FR 17481, Oct. 29, 1969, as amended by CGD 84-073; 52 FR
18362, May 15, 1987; 52 FR 22751, June 15, 1987. Redesignated by CGD 88-
032, 56 FR 35820, July 29, 1991]



Sec. 32.02-15  Guards at dangerous places--TB/ALL.

    All exposed and dangerous places such as gears and machinery shall
be properly protected with covers, guards or rails in order that the
danger of accidents may be minimized. On vessels equipped with radio
communication, the lead-ins shall be efficiently incased or insulated to
insure against accidental shock. Such lead-ins shall be located so as
not to interfere with the launching of lifeboats and life rafts.

[CGFR 65-50, 30 FR 16671, Dec 30, 1965. Redesignated by CGD 88-032, 56
FR 35820, July 29, 1991]



                         Subpart 32.05_Markings



Sec. 32.05-1  Draft marks and draft indicating systems--TB/ALL.

    (a) All vessels must have draft marks plainly and legibly visible
upon the stem and upon the sternpost or rudderpost or at any place at
the stern of the vessel as may be necessary for easy observance. The
bottom of each mark must indicate the draft.
    (b) The draft must be taken from the bottom of the keel to the
surface of the water at the location of the marks.
    (c) In cases where the keel does not extend forward or aft to the
location of the draft marks, due to raked stem or cutaway skeg, the
datum line from which the drafts shall be taken, shall be obtained by
projecting the line of the bottom of the keel forward or aft, as the
case may be, to the location of the draft marks.
    (d) In cases where a vessel may have a skeg or other appendage
extending locally below the line of the keel, the draft at the end of
the vessel adjacent to such appendage shall be measured to a line
tangent to the lowest part of such appendage and parallel to the line of
the bottom of the keel.
    (e) Draft marks must be separated so that the projections of the
marks onto 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

[[Page 456]]

the name or number can be seen from either side.

[CGFR 65-50, 30 FR 16657, Dec. 30, 1965, as amended by CGFR 72-104R, 37
FR 14233, July 18, 1972]



                   Subpart 32.15_Navigation Equipment



Sec. 32.15-5  Whistles--T/ALL.

    (a) [Reserved]
    (b) On tankships contracted for on and after November 19, 1955 means
shall be provided to operate the whistle from a position adjacent to the
main steering station and from the steering station on top of the
pilothouse where such steering station is fitted. Details of the whistle
operating devices shall meet the requirements of subchapter J
(Electrical Engineering) of this chapter.

    Note: Appendix A in 33 CFR subchapter D contains the International
Regulations for Preventing Collisions at Sea, 1972.

[CGFR 65-50, 30 FR 16671, Dec. 30, 1965, as amended by CGD 74-125A, 47
FR 15230, Apr. 8, 1982; CGD 82-036, 48 FR 654, Jan. 6, 1983]



Sec. 32.15-10  Sounding machines--T/OCL.

    All mechanically propelled vessels in ocean or coastwise service of
500 gross tons and over, and all mechanically propelled vessels in of
500 gross tons and over and certificated for service on the River St.
Lawrence eastward of the lower exit of the St. Lambert Lock at Montreal,
Canada, must be fitted with an efficient electronic deep-sea sounding
apparatus.

[CGD 95-027, 61 FR 25997, May 23, 1996]



Sec. 32.15-15  Anchors, Chains, and Hawsers--TB/ALL

    (a) Application. 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
 seagoing barge.                   on or after June    the requirements
                                   15, 1987,           of this section
                                                       except paragraphs
                                                       (d) and (e).
(3) An unmanned barge equipped                        It must meet the
 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
(CG-ENG-3), Attn: Systems Engineering Division, U.S. Coast Guard Stop
7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509;
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

[[Page 457]]

will advise you how to bring it into such conformity.
    (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;
USCG-2009-0702, 74 FR 49227, Sept. 25, 2009; USCG-2013-0671, 78 FR
60147, Sept. 30, 2013]



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.

[[Page 458]]

    (c) Polarized or tinted windows must not be fitted.

[CGD 85-099, 55 FR 32247, Aug. 8, 1990]



                  Subpart 32.20_Equipment Installations



Sec. 32.20-1  Equipment installations on vessels during World War
II--TB/ALL.

    Boilers, pressure vessels, machinery, piping, electrical and other
installations, including lifesaving, firefighting and other safety
equipment, installed on vessels during the Unlimited National Emergency
declared by the President on May 27, 1941, and prior to the termination
of title V of the Second War Powers Act, as extended (Sec. 501, 56 Stat.
180, 50 U.S.C. 635), which do not fully meet the detailed requirements
of the regulations in this chapter, may be continued in service if found
to be satisfactory by the Commandant for the purpose intended. In each
instance prior to final action by the Commandant, the Officer in Charge,
Marine Inspection, shall notify Headquarters of the facts in the case,
together with recommendations relative to suitability for retention.



Sec. 32.20-5  Pressure vacuum relief valves--TB/ALL.

    The pressure vacuum relief valve shall be of a type and size
approved by the Commandant for the purpose intended. For specifications
and procedures re approval, see subpart 162.017 of subchapter Q
(Specifications) of this chapter.



Sec. 32.20-10  Flame arresters--TB/ALL.

    Flame arresters must be of a type and size suitable for the purpose
intended and meet ASTM F 1273 (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 459]]



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 460]]



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 461]]

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 C (70 F) under normal
operating conditions without curtailing ventilation.
    (c) Radiators and other heating apparatus must be so placed and
shielded, where necessary, to avoid risk of fire, danger or discomfort
to the occupants. Pipes leading to radiators or heating apparatus must
be insulated where those pipes create a hazard to persons occupying the
space.



Sec. 32.40-55  InSec. 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 462]]



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 463]]

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 464]]

    (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 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 Deputy for Operations Policy and Capabilities (CG-DCO-D)
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 (CG-OES), Attn: Office of Operating and Environmental
Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr.
Avenue SE., Washington, DC 20593-7509.
    (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

[[Page 465]]

presiding officer summarizes the material presented at the conference
and submits written recommendations to the Deputy for Operations Policy
and Capabilities (CG-DCO-D).
    (e) The Deputy for Operations Policy and Capabilities (CG-DCO-D)
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; USCG-2009-0702, 74 FR
49227, Sept. 25, 2009; USCG-2013-0671, 78 FR 60147, Sept. 30, 2013]



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]



Sec. 32.53-30  Positive pressure--T/ALL.

    Each inert gas system must be designed to enable the operator to
maintain a gas pressure of 100 millimeters (4 inches) of water on filled
cargo tanks and during loading and unloading of cargo tanks.

[USCG-2003-16630, 73 FR 65160, Oct. 31, 2008]



                  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 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

[[Page 466]]

blowers or ventilators fitted with heads for natural ventilation, will
be approved for this purpose. (See Sec. 32.65-20 for other requirements
concerning pumprooms.)



Sec. 32.55-10  Ventilation of tank vessels contracted prior to
November 10, 1936--TB/ALL.

    Ventilation of tank vessels, the construction or conversion of which
was started prior to November 10, 1936, shall be equal to the
requirements of tank vessels constructed before July 1, 1951, where the
changes are, in the opinion of the Officer in Charge, Marine Inspection,
necessary in the interest of safety.

[CGFR 65-50, 30 FR 16671, Dec. 30, 1965, as amended by CGFR 66-33, 31 FR
15268, Dec. 6, 1966]



Sec. 32.55-15  Ventilation for hold spaces--TB/ALL.

    Hold spaces containing independent cargo tanks shall be considered
to be equivalent to cargo pumprooms and shall be ventilated and
safeguarded as such.



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

[[Page 467]]

fitted, shall be provided with suitable connections for flushing and
draining, and if desired, stop valves may be placed in the individual
branch vent lines provided that each stop valve is bypassed by a
pressure-vacuum relief valve.
    (d) Grade D or E liquids. Cargo tanks in which Grade D or E liquids
only are to be transported shall be fitted with gooseneck vents and
flame screens.
    (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.

[[Page 468]]

    (d) Grade D or E liquids. Cargo tanks in which Grade D or E liquids
only are to be transported shall be fitted with gooseneck vents and
flame screens unless such tanks are vented by pressure-vacuum relief
valves or a venting system of branch vent lines and a vent header.



Sec. 32.55-35  Venting of cargo tanks on tank vessels constructed prior
to November 10, 1936--TB/ALL.

    The venting of cargo tanks of tank vessels, the construction or
alteration of which was started prior to November 10, 1936, shall be
made to equal the requirements of tank vessels constructed before July
1, 1951, where the changes are, in the opinion of the Officer in Charge,
Marine Inspection, necessary in the interests of safety: Provided, That
on such vessels carrying Grade A cargo the requirements in Sec. 32.55-
30(b) shall be met.



Sec. 32.55-45  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:

[[Page 469]]

    (1) Main cargo control stations may be located in the cargo area;
    (2) Accommodation, service, and control spaces may be located over
cofferdams that isolate cargo tanks other than integral tanks from
category A machinery spaces;
    (3) Pumprooms may not be recessed into any space below deck.



Sec. 32.56-10  Navigation positions--T/ALL.

    (a) No navigation position may be above the cargo area unless it is
approved by the Commandant as necessary for the safe operation of the
vessel.
    (b) Each navigation position that is above the cargo area must be
separated from the deck by an unenclosed space that extends at least 2
meters (6.6 feet) from the deck to the navigation position.
    (c) Openings to navigation positions above cargo areas, except air
locks, must be at least 2.4 meters (7.9 feet) above the deck.



Sec. 32.56-15  Deck spills--T/ALL.

    A coaming or other barrier at least .3 meters (1 foot) higher than
adjacent spill containment barrier must be provided to prevent cargo
spills from flowing aft of the housefront.



Sec. 32.56-20  Insulation of exterior boundaries: Superstructures and
deckhouses--T/ALL.

    The following exterior boundaries of superstructures and deckhouses
that contain accommodation, service, and control spaces, except
wheelhouses, must be insulated to ``A-60'' Class:
    (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.

[[Page 470]]



Sec. 32.56-35  Doors--T/ALL.

    (a) Casing doors in category A machinery spaces and all elevator
doors must be self-closing and must meet the requirements of 46 CFR
72.05-25(b).
    (b) If a means of holding a door open is used, it must be a magnetic
holdback or equivalent device that is operated from the bridge or other
suitable remote control position.



Sec. 32.56-40  Category A machinery spaces: Insulation--T/ALL.

    Structural insulation within category A machinery spaces must have a
barrier such as metal foil, sheet metal, cementitious coating, or other
vapor barrier so that the surface of that insulation is impervious to
oil and oil vapors.

[CGD 74-127, 41 FR 3844, Jan. 26, 1976, as amended by CGD 74-127, 41 FR
4826, Feb. 2, 1976]



Sec. 32.56-45  Draft stops--T/ALL.

    (a) Where ceilings or linings are fitted in accommodation, service,
or control spaces, ``B'' Class bulkheads, except those that form
passageways, may stop at the ceiling or lining if draft stops of ``B''
Class construction are fitted between the ceiling or lining and the deck
or shell at intervals of 14 meters (45 feet) or less.
    (b) Spaces behind the linings of stairways and other trunks must
have draft stops at each deck.



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 F.
                           10 minutes_1,300 F.
                           30 minutes_1,550 F.
                           60 minutes_1,700 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

[[Page 471]]

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 C (250 F) above the original temperature, nor does the
temperature at any one point, including any joint, rise more than 181 C
(325 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

[[Page 472]]

risk of fire. This is not intended to preclude the use of other material
for nosing, walking surfaces, etc., over the steel.
    (6) Except for washrooms and toilet spaces, deck coverings within
accommodation spaces shall be of an approved type. However, overlays for
leveling or finishing purposes which do not meet the requirements for an
approved deck covering may be used in thicknesses not exceeding \3/8\ of
an inch.
    (7) Except as provided in paragraph (d)(7-a) of this section,
ceilings, linings, and insulation, including pipe and duct laggings,
must be made of approved incombustible material.
    (7-a) Combustible insulations and vapor barriers that have a maximum
extent of burning of 122 millimeters (5 inches) or less when tested in
accordance with 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 473]]

    (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 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 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 474]]

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 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 475]]

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 476]]

    (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 477]]

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 478]]



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 479]]



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 480]]



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.
    (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 481]]



PART 34_FIREFIGHTING EQUIPMENT--Table of Contents



                          Subpart 34.01_General

Sec.
34.01-1 Applicability--TB/ALL, preemptive effect.
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.
34.15-50 Lockout valves--T/ALL.
34.15-60 Odorizing units--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, preemptive effect.

    (a) The provisions of this part shall apply to all tank vessels
except as otherwise noted in this part.

[[Page 482]]

    (b) The regulations in this part have preemptive effect over State
or local regulations in the same field.

[CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended by CGD 88-032, 56 FR
35821, July 29, 1991; USCG-2006-24797, 77 FR 33873, June 7, 2012]



Sec. 34.01-5  Equipment installed but not required--TB/ALL.

    (a) Where firefighting equipment is not required, but is installed,
the equipment and its installation shall be of an approved type.



Sec. 34.01-10  Protection for unusual arrangements or special
products--TB/ALL.

    (a) The provisions of this part contemplate fire protection for tank
vessels of conventional design carrying the usual liquid petroleum
products in internal tanks. Whenever unusual arrangements exist or
special cargoes are carried upon which the vessel's normal firefighting
equipment will be ineffective, additional suitable firefighting
equipment of approved type shall be carried.



Sec. 34.01-15  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. To enforce any edition other than that
specified in 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
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. Also, it is available for inspection at
the Coast Guard Headquarters. Contact Commandant (CG-ENG), Attn: Office
of Design and Engineering Systems, U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509, telephone
202-372-1405, and is available from the sources listed in this section.
    (b) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959, 877-909-2786, http://www.astm.org.
    (1) ASTM F1121-87 (Reapproved 2010), Standard Specification for
International Shore Connections for Marine Fire Applications, (approved
March 1, 2010), incorporation by reference approved for Sec. 34.10-15
(``ASTM F 1121'').
    (2) [Reserved]
    (c) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169-7471, telephone 617-770-3000, http://
www.nfpa.org.
    (1) NFPA 13-1996, Standard for the Installation of Sprinkler
Systems, IBR approved for Sec. 34.30-1 (``NFPA 13-1996'').
    (2) NFPA 2001, Standard on Clean Agent Fire Extinguishing Systems,
(2008 Edition), IBR approved for Sec. 34.05-5(a)(4) (``NFPA 2001'').

[USCG-2006-24797, 77 FR 33873, June 7, 2012, as amended by USCG-2012-
0866, 78 FR 13249, Feb. 27, 2013; USCG-2013-0671, 78 FR 60147, Sept. 30,
2013]



          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

[[Page 483]]

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
clean agent system as described in 46 CFR subpart 95.16 or a water spray
system must be installed in all lamp and paint lockers, oil rooms, and
similar spaces.
    (4) Pump rooms. A carbon dioxide or clean agent system as described
in 46 CFR subpart 95.16, a foam spray system, or a water spray system
must be installed for the protection of all pump rooms. If a clean agent
system is installed for the pump room of a tank ship carrying chemical
cargos, the amount of extinguishing agent must be determined by using
the agent design concentration determined by the cup burner method,
described in NFPA 2001 (incorporated by reference; see Sec. 34.01-15)
for the cargo requiring the greatest amount of agent.
    (5) Boiler rooms. On tankships contracted for on or after November
19, 1952, a carbon dioxide or clean agent system as described in 46 CFR
subpart 95.16 or a foam system must be installed to protect any space
containing a main or auxiliary oil fired boiler, the boiler fuel oil
service pump, or any fuel oil units such as heaters, strainers, valves,
manifolds, etc., that are subject to the discharge pressure of the fuel
oil service pumps.
    (6) Machinery spaces. A carbon dioxide or clean agent system as
described in 46 CFR subpart 95.16 must be installed to protect any
machinery space containing an internal combustion-propelling engine that
uses fuel having a flashpoint of less than 110 degrees Fahrenheit.
    (7) Internal combustion installations. A fire extinguishing system
must be provided for an internal combustion installation and:
    (i) The system must be a carbon dioxide or clean agent system as
described in 46 CFR subpart 95.16;
    (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 carbon dioxide or clean agent system as described
in 46 CFR subpart 95.16 must be installed in any space 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; and
    (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 carbon dioxide or clean agent system as described in 46 CFR
subpart 95.16 must be installed in any space 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; USCG-2006-24797, 77 FR 33873, June 7,
2012]



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.

[[Page 484]]



                 Subpart 34.10_Fire Main System, Details



Sec. 34.10-1  Application--TB/ALL.

    (a) On all tankships the provisions of this subpart, with the
exception of Sec. 34.10-90, shall apply to all fire main installations
contracted for on or after May 26, 1965. Installations contracted for
prior to May 26, 1965, shall meet the requirements of Sec. 34.10-90.
    (b) If a fire main system is installed on a tank barge, the system
shall meet the intent of this subpart insofar as reasonable and
practicable.



Sec. 34.10-5  Fire pumps--T/ALL.

    (a) Tankships shall be equipped with independently driven fire pumps
in accordance with table 34.10-5(a).

                      Table 34.10-5(a)--Fire Pumps
------------------------------------------------------------------------
 Size vessel, L.O.A.                                Minimum hydrant and
       (feet)            Minimum      Powerful      hose size (inches)
---------------------   number of    streams of  -----------------------
           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

[[Page 485]]

reached with two effective spray patterns of water, one of which shall
be from a single 50-foot length of hose. In main machinery spaces all
portions of such spaces shall be capable of being reached by at least 2
effective spray patterns of water, each of which shall be from a single
50-foot length of hose from separate outlets.
    (c) The outlets at the fire station hydrant shall be limited to any
position from the horizontal to the vertical pointing downward so that
hose will lead horizontally or downward to minimize possibility of
kinking.
    (d) All fire station hydrants shall be equipped with spanners
suitable for use on the hose at that station.
    (e) Each fire station hydrant must have at least 1 length of
firehose. Each firehose on the hydrant must have a combination solid
stream and water spray firehose nozzle that meets the requirements in
subpart 162.027 of this chapter. Firehose nozzles previously approved
under subpart 162.027 of this chapter may be retained so long as they
are maintained in good condition to the satisfaction of the Officer in
Charge, Marine Inspection. A suitable hose rack or other device must be
provided. Hose racks on weather decks must be located to afford
protection from heavy seas. The hose must be stored in a location that
is readily visible.

 Table 34.10-10(e) Hydrants with Coast Guard Approved Low-Velocity Water
                            Spray Applicators
------------------------------------------------------------------------
                                          Number of
                                        hydrants with        Approved
              Location                     approved         applicator
                                         applicators      length (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.

[[Page 486]]

    (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 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

[[Page 487]]

through two combination solid stream and water spray firehose nozzles
meeting paragraph (10) of this section.
    (8) On oil-burning tankships, provided with two fire pumps, where
the engine and fire rooms are not entirely separated by iron or steel
bulkheads, or if fuel can drain from fireroom bilges into the
engineroom, one of the fire pumps shall be located in an accessible
space separate from the machinery compartment. On all tankships
contracted for on or after November 19, 1952, the requirements of
paragraph (f) of Sec. 34.10-5 shall be met.
    (9) Fire hydrant outlets shall have a minimum diameter of 1\1/2\
inches.
    (10) Each fire station hydrant on a tankship of 500 gross tons or
more must have at least 1 length of firehose. Each firehose on the
hydrant must have a combination solid stream and water spray firehose
nozzle that meets the requirements of subpart 162.027. Firehose nozzles
previously approved under subpart 162.027 of this chapter may be
retained so long as they are maintained in good condition to the
satisfaction of the Officer in Charge, Marine Inspection.
    (11) On each tankship of 1000 gross tons or more, the firehose
nozzle required by paragraph (a)(10) of this section on each of the
following hydrants must have a low-velocity water-spray applicator that
was previously approved under subpart 162.027 and that connects to that
nozzle when the nozzle itself was previously approved under subpart
162.027--
    (i) At least two hydrants in the Machinery and boiler spaces; and
    (ii) At least 25 percent of other hydrants.
    (12) Vessels contracted for on or after July 1, 1954, shall meet the
requirements of Sec. 34.10-10(h).
    (b) Installations contracted for on or after January 1, 1962, but
prior to May 26, 1965, shall meet the following requirements:
    (1) Existing arrangements, materials, facilities, and equipment,
except firehose nozzles, previously approved shall be considered
satisfactory as long as they meet the minimum requirements of this
paragraph and they are maintained in good conditions to the satisfaction
of the Officer in Charge, Marine Inspection. Minor repairs and
alterations may be made to the same standards as the original
installation.
    (2) Each fire station hydrant must have at least 1 length of
firehose. Each firehose on the hydrant must have a combination solid
stream and water spray firehose nozzle that meets the requirements of
subpart 162.027. Firehose nozzles previously approved under subpart
162.027 of this chapter may be retained so long as they are maintained
in good condition to the satisfaction of the Officer in Charge, Marine
Inspection. If the firehose nozzles were previously approved under
subpart 162.027, each of the number of hydrants in the locations listed
in table 34.10-10(E) must have a low-velocity water spray applicator
that--
    (i) Was previously approved under subpart 162.027 of this chapter;
    (ii) Is the length listed in table 34.10-10(E); and
    (iii) Meets Sec. 34.10-10(o).

[CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended by CGD 76-086, 44 FR
2391, Jan. 11, 1979; CGD 95-027, 61 FR 25999, May 23, 1996]



                 Subpart 34.13_Steam Smothering Systems

    Source: CGD 95-027, 61 FR 25999, May 23, 1996, 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.

[[Page 488]]

    (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.
    (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.

[[Page 489]]

    (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 of                    Maximum quantity
   carbon dioxide      Minimum pipe    of carbon dioxide   Minimum pipe
  required, pounds    sizes, inches    required, pounds     size inches
------------------------------------------------------------------------
             100            \1/2\               2,500          2\1/2\
             225            \3/4\               4,450               3
             300                1               7,100          3\1/2\
             600           1\1/4\              10,450               4
           1,000           1\1/2\              15,000          4\1/2\
           2,450                2     ..................  ..............
------------------------------------------------------------------------

    (6) Distribution piping within the space shall be proportioned from
the supply line to give proper distribution to the outlets without
throttling.
    (7) The number, type and location of discharge outlets shall be such
as to give a uniform distribution throughout the space.
    (8) The total area of all discharge outlets shall not exceed 85
percent nor be less than 35 percent of the nominal cylinder outlet area
or the area of the supply pipe, whichever is smaller. The nominal
cylinder outlet area in square inches shall be determined by multiplying
the factor 0.0022 by the number of pounds of carbon dioxide required,
except that in no case shall this outlet area be less than 0.110 square
inches.
    (9) The discharge of at least 85 percent of the required amount of
carbon dioxide shall be complete within 2 minutes.
[CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended at 45 FR 64188,
Sept. 29, 1980; 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

[[Page 490]]

and in the CO2 cylinder storage room. On systems in which the
CO2 cylinders are not within the protected space, these
instructions must also include a schematic diagram of the system and
instructions detailing alternate methods of discharging the system
should the manual release or stop valve controls fail to operate. Each
control valve to branch lines must be marked to indicate the related
space served.
    (i) If the space or enclosure containing the carbon dioxide supply
or controls is to be locked, a key to the space or enclosure shall be in
a break-glass-type box conspicuously located adjacent to the opening.

[CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended by CGD 74-100R, 40
FR 6208, Feb. 10, 1975; 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

[[Page 491]]

ambient temperature in excess of 130 degrees F.
    (d) Cylinders shall be securely fastened and supported, and where
necessary, protected against injury.
    (e) Cylinders shall be so mounted as to be readily accessible and
capable of easy removal for recharging and inspection. Provisions shall
be available for weighing the cylinders.
    (f) Where subject to moisture, cylinders shall be so installed as to
provide a space of at least 2 inches between the flooring and the bottom
of the cylinders.
    (g) Cylinders shall be mounted in an upright position or inclined
not more than 30 degrees from the vertical. However, cylinders which are
fitted with flexible or bent siphon tubes may be inclined not more than
80 degrees from the vertical.
    (h) Where check valves are not fitted on each independent cylinder
discharge, plugs or caps shall be provided for closing outlets when
cylinders are removed for inspection or refilling.
    (i) All cylinders used for storing carbon dioxide must be
fabricated, tested, and marked in accordance with 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. 34.15-50  Lockout valves--T/ALL.

    (a) A lockout valve must be provided on any carbon dioxide
extinguishing system protecting a space over 6,000 cubic feet in volume
and installed or altered after July 9, 2013. ``Altered'' means modified
or refurbished beyond the maintenance required by the manufacturer's
design, installation, operation and maintenance manual.
    (b) The lockout valve must be a manually operated valve located in
the discharge manifold prior to the stop valve or selector valves. When
in the closed position, the lockout valve must provide complete
isolation of the system from the protected space or spaces, making it
impossible for carbon dioxide to discharge in the event of equipment
failure during maintenance.

[[Page 492]]

    (c) The lockout valve design or locking mechanism must make it
obvious whether the valve is open or closed.
    (d) A valve is considered a lockout valve if it has a hasp or other
means of attachment to which, or through which, a lock can be affixed,
or it has a locking mechanism built into it.
    (e) The master or person-in-charge must ensure that the valve is
locked open at all times, except while maintenance is being performed on
the extinguishing system, when the valve must be locked in the closed
position.
    (f) Lockout valves added to existing systems must be approved by the
Commandant as part of the installed system.

[USCG-2006-24797, 77 FR 33873, June 7, 2012]



Sec. 34.15-60  Odorizing units--T/ALL.

    Each carbon dioxide extinguishing system installed or altered after
July 9, 2013, must have an approved odorizing unit to produce the scent
of wintergreen, the detection of which will serve as an indication that
carbon dioxide gas is present in a protected area and any other area
into which the carbon dioxide may migrate. ``Altered'' means modified or
refurbished beyond the maintenance required by the manufacturer's
design, installation, operation and maintenance manual.

[USCG-2006-24797, 77 FR 33873, June 7, 2012]



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 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

[[Page 493]]

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.
    (3) For other types of foam systems, the water rate to the dry-
powder generators or air foam production equipment shall be at least 1.6
gallons per minute for each 10 square feet of area protected.
    (c) Supply of foam-producing material. (1) There shall be provided a
quantity of foam-producing material sufficient to operate the equipment
at the minimum discharge rate specified in paragraph (b) of this section
for a period of at least 3 minutes.
    (d) Separate supply of foam-producing material. (1) A separate
supply of foam-producing material need not be provided for each space
protected. This includes a deck foam system. The total available supply
shall be at least sufficient for the space requiring the greatest
amount.
    (e) Water supply for required pumps. (1) The water supply shall be
from outside and completely independent of the space protected.



Sec. 34.17-10  Controls--T/ALL.

    (a) The foam agent, its container, measuring devices, and other
items peculiar to the system shall be of an approved type.
    (b) The foam-producing material container and all controls and
valves for the operation of the system shall be outside the space
protected and shall not be located in such space as might be cut off or
made inaccessible in the event of fire in any of the spaces protected.
The control space shall be as convenient as practicable to one of the
main escapes from the spaces protected, and shall be marked as required
by Sec. 35.40-10 of this subchapter. Where pumps are required, it shall
not be necessary that they be started from the control space.
    (c) Complete, but simple instructions for the operation of the
system shall be

[[Page 494]]

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) of Sec. 34.17-5 and Sec. 34.17-
25. A 6-inch blanket of foam in 3 minutes for machinery spaces and
pumprooms will be considered as meeting the requirements of Sec. 34.17-
5.
    (3) Where a system is installed to protect a tank, it shall be so
designed and arranged as to spread a blanket of foam over the entire
liquid surface of the tank within the range of usual trim. The
arrangement of piping shall be such as to give a relatively uniform
distribution over the entire area protected.
    (4) For tanks, the rate of discharge to foam outlets protecting the
hazard shall be as set forth in Sec. 34.17-5(b), except that the value
of 1 gallon per minute shall be substituted in both cases for the value
of 1.6 gallons per minute. The quantity of foam provided shall be
sufficient to operate the equipment for 5 minutes.
    (5) On installations installed prior to November 19, 1952, a
semiportable foam generator using a dry-chemical mixture or mechanical
foam in conjunction with the fire lines may be substituted for the fixed
system subject to the following conditions:
    (i) There shall be at least one fire pump of suitable capacity
available which can be operated and controlled from outside the space
protected.
    (ii) Stop valves shall be installed in the line so that if any
portion of the fire main is ruptured, the foam generator may still be
operated. Connections for at least two fire hoses shall be provided
between the pump and the stop valve.
    (iii) If the foam system is of the portable or semiportable type,
the apparatus and chemicals shall be stored in a readily accessible
place protected from the weather.

[[Page 495]]



                 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. 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

[[Page 496]]

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:
    (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:

[[Page 497]]

    (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 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.

[[Page 498]]

    (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.
    (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

[[Page 499]]

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

[[Page 500]]


\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 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.



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.

[[Page 501]]

    (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_General Provisions; 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.
35.01-2 Preemptive effect.
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.

                    Subpart 35.05_Officers and Crews

35.05-1 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.

[[Page 502]]

35.35-4 Insulating flange joint or nonconductive hose--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 and clean agent alarms--T/ALL.
35.40-8 Carbon dioxide warning signs--T/ALL.
35.40-10 Steam, foam, carbon dioxide, or clean agent fire smothering
          apparatus--TB/ALL.
35.40-15 Fire hose stations--TB/ALL.
35.40-17 Foam hose/monitor stations--T/ALL.
35.40-18 Water spray systems--TB/ALL.
35.40-20 Emergency equipment--TB/ALL.
35.40-25 Fire extinguishers--TB/ALL.
35.40-30 Instructions for changing steering gear--TB/ALL.
35.40-35 Rudder orders--TB/ALL.
35.40-40 Marking and instructions for fire and emergency equipment--TB/
          ALL.

    Authority: 33 U.S.C. 1225, 1231, 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_General Provisions; 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

[[Page 503]]

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. 35.01-2  Preemptive effect.

    The regulations in this part have preemptive effect over State or
local regulations in the same field.

[USCG-2006-24797, 77 FR 33874, June 7, 2012]



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 Coast Guard Headquarters.
Contact Commandant (CG-OES), Attn: Office of Operating and Environmental
Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr.
Avenue SE., Washington, DC 20593-7509, 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; USCG-2009-0702, 74 FR 49227, Sept. 25, 2009; USCG-2013-0671, 78 FR
60147, Sept. 30, 2013]



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

[[Page 504]]

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 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,

[[Page 505]]

shall be operated in conformance with the provisions in this section.
However, the provisions in this section are not applicable to such
barges when empty (not necessarily cleaned or gas-freed).
    (c)(1) Except as otherwise provided in this section, no such open
hopper type barge shall be placed as a lead barge in any tow. Such
barges shall be placed in protected positions within the tow so that the
danger from diving or swamping will be minimized. Where, due to
operating conditions, compliance with this paragraph is impossible, the
provisions of paragraph (c)(3) of this section apply. The person in
charge of the towing vessels shall be responsible for compliance with
this paragraph.
    (2) No such open hopper type barge shall be moved from a loading
facility unless all void spaces and bilges are substantially free of
water. Periodic inspections and necessary pumping shall be carried out
to insure the maintenance of such water-free conditions, in order to
minimize the free surface effect in both the longitudinal and transverse
directions. Except when otherwise considered necessary for inspection or
pumping, all hatch covers and other hull closure devices for void spaces
and hull compartments shall be closed and secured at all times. In the
case of unmanned barges, the person in charge of the towing vessel shall
be deemed to be in charge of the barge, and all requirements to be
carried out on the barge shall be carried out by or under the direction
of such person.
    (3) When an open hopper type barge is in an exposed position, such
that protection from swamping provided by adjoining barges cannot be
obtained from location within the two alone, it shall be the
responsibility of the person in charge of the towing vessel to control
speed so as to insure protection against diving and swamping of the
barge, having due regard to its design and freeboard, and to the
operating conditions.
    (d) To show that special operating requirements apply to a specific
open hopper type barge, additional placards or signs shall be displayed
in at least four different locations on the barge when the cargoes
described in paragraph (a) of this section are carried in any form in
the cargo tanks. The placards or signs shall be posted on the barge
approximately amidships on each side and near the centerline of each
end, facing outboard. Racks, or other suitable means, for mounting such
placards or signs shall be so arranged as to provide clear visibility
and shall be protected from becoming readily damaged or obscured. The
placards or signs shall be at least equal in dimensions to the DOT
standard tank car ``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.

[[Page 506]]

    (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:
    (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

[[Page 507]]

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 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  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 officers and crew,
including lifeboatmen and tankermen where required by the regulations in
this subchapter, separately stated, as called for in her certificate of
inspection.

[CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by USCG-2006-24371,
74 FR 11265, Mar. 16, 2009]



Sec. Sec. 35.05-5--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.

[[Page 508]]

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]



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

[[Page 509]]

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.
    (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 self-propelled vessels shall have permanently exhibited for the
guidance of

[[Page 510]]

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 master 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; USCG-2014-0688, 79 FR 58280, Sept. 29,
2014]



Sec. 35.10-5  Muster lists, emergency signals, and manning--T/ALL.

    The requirements for muster lists, emergency signals, and manning
must be in accordance with subchapter W (Lifesaving Appliances and
Arrangements) of this chapter.

[CGD 84-069, 61 FR 25287, May 20, 1996]



Sec. 35.10-15  Emergency lighting and power systems--T/ALL.

    (a) Where fitted, it shall be the duty of the master to see that the
emergency lighting and power systems are tested and inspected at least
once in each week that the vessel is navigated to be assured that the
system is in proper operating condition.
    (b) Internal combustion engine driven emergency generators shall be
tested under load for at least 2 hours, at least once in each month that
the vessel is navigated.
    (c) Storage batteries for emergency lighting and power systems shall
be tested at least once in each 6-month period that the vessel is
navigated to demonstrate the ability of the storage battery to supply
the emergency loads for the period of time specified in table 112.05-
5(a) of this chapter.
    (d) The date of the tests required by this section and the condition
and performance of the apparatus shall be noted in the vessel's Official
Logbook or in logs or records considered to take the place of the
Official Logbook.

[CGFR 65-50, 30 FR 16709, Dec. 30, 1965, as amended by CGFR 70-143, 35
FR 19905, Dec. 30, 1970]



    Subpart 35.15_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
Geospatial-Intelligence Agency regarding aids to

[[Page 511]]

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) Local Notices to Mariners, published by each U.S. Coast Guard
District, contain announcements and information on changes in aids to
navigation and other marine information affecting the safety of
navigation on oceans and coastwise and the Great Lakes. These notices
may be obtained free of charge from the U.S. Coast Guard Navigation
Center Web site found at http://www.navcen.uscg.gov/?pageName=lnmMain.
    (c) Weekly Notices to Mariners (worldwide coverage) are prepared
jointly by the National Geospatial-Intelligence Agency, National Ocean
Service, and the U.S. Coast Guard. They include changes in aids to
navigation and other important navigation safety information in
assembled form for U.S. waters. Foreign marine information is also
included in these notices. These notices are available without charge
from the National Geospatial-Intelligence Agency Web site found at
http://msi.nga.mil/NGAPortal/MSI.portal.
    (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; USCG-2014-0688, 79 FR 58280, Sept. 29, 2014]



Sec. 35.20-5  Draft of tankships--T/OC.

    The master of every tankship shall, whenever leaving port, enter the
maximum draft of his vessel in the logbook.



Sec. 35.20-7  Verification of vessel compliance with applicable
stability requirements--TB/ALL.

    (a) Except as provided in paragraph (d) of this section, after
loading and prior to departure and at all other times necessary to
assure the safety of the vessel, the master or person in charge shall
determine that the vessel complies with all applicable stability
requirements in the vessel'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, as amended by USCG-2014-0688,
79 FR 58280, Sept. 29, 2014]



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

[[Page 512]]

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.
    (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]

[[Page 513]]



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.



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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.

[[Page 514]]

    (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, 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.

[[Page 515]]

    (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
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 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:

[[Page 516]]

    (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 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

[[Page 517]]

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. 35.35-4  Insulating flange joint or nonconductive hose--TB/ALL.

    (a) A vessel's cargo hose string or vapor recovery hose must use an
insulating flange or one continuous length of nonconductive hose between
the vessel and the shore transfer facility. For each vapor recovery hose
or cargo hose string, only one insulating flange or non-conductive hose
must be provided. See 33 CFR 154.2101(g).
    (b) The insulating flange must be inserted at the jetty end and take
all reasonable measures to ensure the connection will not be disturbed.
The hose must be suspended to ensure the hose-to-hose connection flanges
do not rest on the jetty deck or other structure that may render the
insulating flange ineffective or short circuited by contact with
external metal or through the hose handling equipment.
    (c) The insulating flange must be inspected and tested at least
annually, or more frequently if necessary due to deterioration caused by
environmental exposure, usage, and damage from handling. After
installation, the insulation reading between the metal pipe on the shore
side of the flange and the end of the hose or metal arm when freely
suspended must not be less than 1,000 ohms. A suitable DC insulation
tester must be used.

[USCG-1999-5150, 78 FR 42641, July 16, 2013]



Sec. 35.35-5  Electrical bonding--TB/ALL.

    The use of a vessel/shore bonding cable or wire is permissible only
if operationally necessary and only in compliance with the requirements
of paragraphs (a) and (b) of this section.
    (a) A switch on the jetty that is in series with the bonding cable
must be provided. The switch must be listed or certified by a Coast
Guard accepted independent laboratory and approved for use in a Class I
Zone 1 or Class I, Division 1 location, and the appropriate Gas Group of
the cargo authorized for the vessel.
    (b) The connection point for the bonding cable system must be at
least 20 feet from the cargo manifold area, the cargo hose string, or
the vapor recovery connection. The switch must be in the off position
before connecting or disconnecting the bonding cable. The bonding cable
must be attached before the cargo hoses or arms, or the vapor recovery
connections are connected. The bonding cable must be removed only after
the cargo hoses or arms, or the vapor recovery connections have been
disconnected.

[USCG-1999-5150, 78 FR 42642, July 16, 2013]



Sec. 35.35-10  Closing of freeing-ports, scuppers, and sea
valves--TB/ALL.

    The person in charge of each transfer of liquid cargo in bulk shall
ensure that all freeing-ports and scuppers are properly plugged during
the transfer except on tank vessels using water for cooling decks.
Although under no circumstances may sea valves be secured

[[Page 518]]

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 to
or 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 or from a facility vapor control system, or if
lightering, to the other vessel;
    (2) Vapor collection hoses or arms are connected to the vessel vapor
collection connection;
    (3) The electrical insulation requirements of 33 CFR 154.810(g) or
Sec. 39.40-3(c) of this subchapter are provided between the vessel
vapor connection and the facility or service vessel vapor connection;
    (4) The maximum cargo transfer rate is determined in accordance with
Sec. 39.30-1(d) of this subchapter;
    (5) The maximum and minimum operating pressures at the facility
vapor connection, or vessel vapor connection if lightering, are
determined;
    (6) The overfill control system on a tank barge, if fitted in
accordance with

[[Page 519]]

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 in the vapor space of each of the vessel's
inerted cargo tanks connected to the vapor collection system is--
    (i) At or below 60 percent by volume of the cargo's minimum oxygen
concentration for combustion at the start of cargo transfer; or
    (ii) At or below 8 percent by volume, at the start of cargo
transfer, for vapor of crude oil, gasoline blends, or benzene.

[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; USCG-1999-5150, 78 FR 42642, July 16,
2013]



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?

[[Page 520]]

    (13) Have the applicable sections of the vessel response plan been
reviewed before commencing transfer, and arrangements or contingencies
made for implementation of the Plan should the need arise?

    (c) In addition to the requirements in paragraph (b) of this
section, if a transfer operation includes the collection of cargo vapor
to or 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 or from 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 content in the vapor space of each of the
vessel's inerted cargo tanks connected to the vapor collection system
been verified to be--
    (i) At or below 60 percent by volume, at the start of cargo
transfer, of the cargo's minimum oxygen concentration for combustion; or
    (ii) At or below 8 percent by volume, at the start of cargo
transfer, for vapor of crude oil, gasoline blends, or benzene.

[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; USCG-1999-5150, 78 FR 42642, July 16, 2013]



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.

[[Page 521]]



Sec. 35.35-50  Termination of transfer operations--TB/ALL.

    (a) When transfer operations are completed the valves on cargo
connections on the vessel shall be closed. The cargo connections shall
be drained of cargo.
    (b) [Reserved]



Sec. 35.35-55  Transfer of other cargo or stores on tank vessels--TB/ALL.

    (a) No packaged goods, freight, or ship's stores may be loaded or
unloaded during the loading or unloading of cargo of Grade A, B, or C
except by permission of the person in charge of the transfer of liquid
cargo in bulk. No explosives may be loaded, unloaded, or carried as
cargo on any tank vessel containing cargo of Grade A, B, or C.
    (b) Where package and general cargo is carried directly over bulk
cargo tanks, it shall be properly dunnaged to prevent chafing of metal
parts and securely lashed or stowed.

[CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 79-116, 60 FR
17157, Apr. 4, 1995]



Sec. 35.35-60  Transportation of other cargo or stores on tank
barges--B/ALL.

    (a) Tank barges may be permitted to transport deck cargoes directly
over bulk cargo spaces when the nature of such deck cargoes and the
methods of loading and unloading same do not create an undue hazard.
Such tank barges shall have their decks properly dunnaged to prevent
chafing between the steel parts of the vessel and the deck cargo.
    (b) [Reserved]



Sec. 35.35-70  Maintenance of cargo handling equipment--TB/ALL.

    The cargo handling equipment shall be maintained by the tank
vessel's personnel in accordance with the regulations in this
subchapter, including the following:
    (a) Cargo hose shall not be used in transfer operations in which the
pressures are such that leakage of cargo occurs through the body of the
hose.
    (b) Cargo pump relief valves shall be tested at least once each year
to determine that they function satisfactorily at the pressure at which
they are set to open.
    (c) Cargo pump pressure gage shall be tested at least once a year
for accuracy.
    (d) The cargo discharge piping of all tank vessels shall be tested
at least once each year for tightness, at the maximum working pressure.



Sec. 35.35-75  Emergencies--TB/ALL.

    In case of emergencies nothing in the regulations in this subchapter
shall be construed as preventing the senior officer present from
pursuing the most effective action in his judgment for rectifying the
conditions causing the emergency.



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 and clean agent alarms--T/ALL.

    Each carbon dioxide or clean agent fire extinguishing alarm
installed after

[[Page 522]]

November 19, 1952, must be conspicuously marked: ``WHEN ALARM SOUNDS
VACATE AT ONCE. [CARBON DIOXIDE/CLEAN AGENT--as appropriate] BEING
RELEASED.''

[USCG-2006-24797, 77 FR 33874, June 7, 2012]



Sec. 35.40-8  Carbon dioxide warning signs--T/ALL.

    Each entrance to a space storing carbon dioxide cylinders, a space
protected by carbon dioxide systems, or any space into which carbon
dioxide might migrate must be conspicuously marked as follows:
    (a) Spaces storing carbon dioxide--``CARBON DIOXIDE GAS CAN CAUSE
INJURY OR DEATH. VENTILATE THE AREA BEFORE ENTERING. A HIGH
CONCENTRATION CAN OCCUR IN THIS AREA AND CAN CAUSE SUFFOCATION.''.
    (b) Spaces protected by carbon dioxide--``CARBON DIOXIDE GAS CAN
CAUSE INJURY OR DEATH. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS
DETECTED, DO NOT ENTER UNTIL VENTILATED. LOCK OUT SYSTEM WHEN
SERVICING.'' The reference to wintergreen scent may be omitted for
carbon dioxide systems not required to have odorizing units and not
equipped with such units.
    (c) Spaces into which carbon dioxide might migrate--``CARBON DIOXIDE
GAS CAN CAUSE INJURY OR DEATH. DISCHARGE INTO NEARBY SPACE CAN COLLECT
HERE. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS DETECTED VACATE
IMMEDIATELY.'' The reference to wintergreen scent may be omitted for
carbon dioxide systems not required to have odorizing units and not
equipped with such units.

[USCG-2006-24797, 77 FR 33874, June 7, 2012]



Sec. 35.40-10  Steam, foam, carbon dioxide, or clean agent fire
smothering apparatus--TB/ALL.

    Each steam, foam, carbon dioxide, or clean agent fire fighting
apparatus must be marked ``[CARBON DIOXIDE/STEAM/FOAM/CLEAN AGENT--as
appropriate] FIRE APPARATUS'' in red letters at least 2 inches high.
Branch pipe valves leading to the several compartments must be
distinctly marked to indicate the compartments or parts of the vessel to
which they lead.

[USCG-2006-24797, 77 FR 33874, June 7, 2012]



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

[[Page 523]]

a reasonable distance. The instructions shall indicate each clutch or
pin to be ``in'' or ``out'' and each valve or switch which is to be
``opened'' or ``closed'' in shifting to any means of steering for which
the vessel is equipped. Instructions shall be included to line up all
steering wheels and rudder amidship before changing gears.



Sec. 35.40-35  Rudder orders--TB/ALL.

    At all steering stations, there shall be installed a suitable notice
on the wheel or device or in such other position as to be directly in
the helmsman's line of vision, to indicate the direction in which the
wheel or device must be turned for ``right rudder'' or ``left rudder.''



Sec. 35.40-40  Marking and instructions for fire and emergency
equipment--TB/ALL.

    Lifesaving appliances, instructions to passengers, and stowage
locations for all tank vessels must be in accordance with subchapter W
(Lifesaving Appliances and Arrangements) of this chapter.

[CGD 84-069, 61 FR 25287, May 20, 1996]



PART 36_ELEVATED TEMPERATURE CARGOES--Table of Contents



                          Subpart 36.01_General

Sec.
36.01-1 Scope of regulations--TB/ALL.
36.01-5 Certificate of inspection--TB/ALL.

                        Subpart 36.05_Cargo Tanks

36.05-1 Installation of cargo tanks--TB/ALL.
36.05-10 Protection of personnel--TB/ALL.

     Subpart 36.10_Piping, Valves, Fittings, and Accessory Equipment

36.10-1 Cargo pump relief valves--TB/ALL.

                   Subpart 36.20_Vents and Ventilation

36.20-1 Flame screens--TB/ALL.
36.20-5 Ventilation of pumproom--TB/ALL.

                   Subpart 36.30_Periodic Inspections

36.30-1 Lagged tanks--TB/ALL.

    Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 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 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]

[[Page 524]]



                        Subpart 36.05_Cargo Tanks



Sec. 36.05-1  Installation of cargo tanks--TB/ALL.

    (a) All cargo tanks carrying liquids at elevated temperatures for
the purpose of maintaining the material in the molten form shall be
installed with the access openings located above the weather deck.
    (b) [Reserved]



Sec. 36.05-10  Protection of personnel--TB/ALL.

    (a) Decks, bulkheads, or other structures shall be insulated with an
approved incombustible material, or other suitable means of protection
shall be employed where practicable and necessary for the protection of
personnel.
    (b) [Reserved]



     Subpart 36.10_Piping, Valves, Fittings, and Accessory Equipment



Sec. 36.10-1  Cargo pump relief valves--TB/ALL.

    (a) Cargo pump relief valves and pressure gages may be omitted,
however, a suitable device shall be fitted to stop the pumping before
the designed pressure of the piping is exceeded.
    (b) [Reserved]



                   Subpart 36.20_Vents and Ventilation



Sec. 36.20-1  Flame screens--TB/ALL.

    (a) Flame screens may be omitted in the vent lines on cargo tanks.
    (b) [Reserved]



Sec. 36.20-5  Ventilation of pumproom--TB/ALL.

    (a) Where personnel are required to enter pumprooms located below
the weather deck under normal circumstances of handling cargo, such
pumprooms shall be equipped with power ventilation.
    (b) [Reserved]



                   Subpart 36.30_Periodic Inspections



Sec. 36.30-1  Lagged tanks--TB/ALL.

    (a) Lagged tanks shall have part of the lagging removed on the lower
portion of the cargo tanks as directed by the marine inspector, at least
once every eight years for external examination.
    (b) [Reserved]



PART 38_LIQUEFIED FLAMMABLE GASES--Table of Contents



                          Subpart 38.01_General

Sec.
38.01-1 Scope of regulations--TB/ALL.
38.01-2 Transportation of portable cylinders or portable tanks
          containing or having previously contained liquefied flammable
          gases in dry cargo spaces--TB/ALL.
38.01-3 Incorporation by reference.
38.01-5 Certificate of inspection--TB/ALL.

                  Subpart 38.05_Design and Installation

38.05-1 Design and construction of vessels--general--TB/ALL.
38.05-2 Design and construction of cargo tanks--general--TB/ALL.
38.05-3 Design and construction of pressure vessel type cargo tanks--TB/
          ALL.
38.05-4 Design and construction of 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.

[[Page 525]]

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 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:

[[Page 526]]

    (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.
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 ---- 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

[[Page 527]]

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 F.
tb=Boiling temperature of gas at atmospheric pressure.

    (c) Heat transmission studies, where required, shall assume the
minimum ambient temperatures of 0 F. still air and 32 F. still water,
and maximum ambient temperatures of 115 F. still air and 90 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 each side (120) in 10 seconds.
    (2) Pitching 6 half amplitude (24) in 7 seconds.
    (3) Heaving L/80 half amplitude (L/20) in 8 seconds.
    (e) Cargo tanks on barges shall be designed in accordance with Sec.
32.63-25 of this subchapter.
    (f) Each liquefied flammable gas tank shall be provided with not
less than a 15-inch by 23-inch or an 18-inch nominal diameter manhole
fitted with a cover located above the maximum liquid level and as close
to the top of the tank as possible. Where access trunks are fitted to
the tanks, the nominal diameter of the trunks shall be not less than 30
inches.
    (g) Cargo tanks vented above 10 pounds per square inch gage shall be
of the pressure vessel type.



Sec. 38.05-3  Design and construction of pressure vessel type cargo
tanks--TB/ALL.

    (a) Cargo tanks of pressure vessel configuration (e.g. cylindrical,
spherical, etc.) shall be designed, fabricated, inspected, and tested in
accordance with the applicable requirements of part 54 of subchapter F
(Marine Engineering) of this chapter, except as otherwise provided for
in this part.
    (b) The requirements of this section anticipate that cargo tanks
constructed as pressure vessels will, by themselves, constitute the
cargo containment system and usually will not require a secondary
barrier.
    (c) In the design of the tank, consideration shall be given to the
possibility of the tank being subjected to external loads. Consideration
shall also be given to excessive loads that can be imposed on the tanks
by their support due to static and dynamic forces under operating
conditions or during testing. The

[[Page 528]]

design shall show the manner in which the tanks are to be installed,
supported, and secured, and shall be approved prior to tank
installation.
    (d) Tanks with a service temperature of minus 20 F. or lower and
fabricated of ferritic materials shall be stress relieved.
    (e) Unlagged cargo tanks, where the cargo is transported, at or near
ambient temperatures, shall be designed for the vapor pressure of the
gas at 115 F. The design shall also be based on the minimum internal
pressure (maximum vacuum), plus the maximum external static head to
which the tank may be subjected. Whenever surrounding cargo is at a
greater temperature than the maximum allowable temperature of the
liquefied flammable gas tanks, the liquefied flammable gas cargo is to
be such that the design pressure of the liquefied flammable gas tank is
not exceeded.
    (f) Where cargo tanks, in which the cargo is transported at or near
ambient temperature, are lagged with an insulation material of a
thickness to provide a thermal conductance of not more than 0.075 B.t.u.
per square foot per degree Fahrenheit differential in temperature per
hour, the tanks shall be designed for a pressure of not less than the
vapor pressure of the gas at 105 F. The insulation material shall
conform to the requirements of Sec. 38.05-20. The design shall also be
based on the minimum internal pressure (maximum vacuum) plus the maximum
external static head to which the tank may be subjected.
    (g) Cargo tanks in which the temperature is maintained below the
normal atmospheric temperature by refrigeration or other acceptable
means shall be designed for a pressure of not less than 110 percent of
the vapor pressure corresponding to the temperature of the liquid at
which the system is maintained, or the pressure corresponding to the
greatest dynamic and static loads expected to be encountered either in
service or during testing. For mechanically stress relieved cargo tanks,
additional factors relating design pressure and maximum allowable
pressure shall be as specified by the Commandant. The material of the
tank shall satisfy the requirements of subchapter F (Marine Engineering)
of this chapter for the service temperature, and this temperature shall
be permanently marked on the tank as prescribed in Sec. 38.05-5.
    (h) Where applicable, the design shall investigate the thermal
stresses induced in the cargo tank at the service temperature.
    (i) The shell and head thickness of liquefied gas cargo tanks shall
not be less than five-sixteenths inch.

[CGFR 66-33, 31 FR 15269, Dec. 6, 1966, as amended by CGFR 68-82, 33 FR
18806, Dec. 18, 1968]



Sec. 38.05-4  Design and construction of nonpressure vessel type cargo
tanks--TB/ALL.

    (a) The requirements in this section anticipate a cargo containment
system consisting of a primary tank which is structurally self-
supporting and, where required, a secondary barrier. Other vessel or
cargo tank configurations, such as membrane type liners externally
supported, will be considered upon submission of substantiating data,
and based upon such additional tests as the Commandant may direct.
    (b) A secondary barrier is an arrangement or structure designed to
contain the cargo temporarily if leakage develops in the primary
container. A secondary barrier shall be provided where leakage from the
primary container may cause lowering of the temperature of the ship's
structure to an unsafe level. The secondary barrier shall be constructed
of material suitable to contain the cargo at the service temperature.
    (c) The design of the cargo containment systems shall be such that
under normal service conditions, or upon failure of the primary tank,
the hull structure shall not be cooled down to a temperature which is
unsafe for the materials involved. Structural members not suitable for
the service temperatures of the cargo shall be protected by a secondary
barrier consisting of suitable structural containment together with
necessary associated insulation. Heat transmission studies and tests may
be required to demonstrate that the arrangement is feasible and that the
final material temperatures are acceptable.

[[Page 529]]

    (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.
    (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

[[Page 530]]

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 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

[[Page 531]]

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 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

[[Page 532]]

valves shall be designed for the greatest of the cargo vapor pressure at
115 F., or the maximum allowable pressure of the cargo tank, or the
requirements of 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 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

[[Page 533]]

operated shutoff valves located as close to the tank as possible. In
addition, all liquid and vapor connections on pressure vessel type tanks
except safety relief valves, liquid level gaging devices, and filling
and discharge lines, shall be equipped with either an automatic excess
flow valve or a remotely controlled quick-closing shutoff valve of the
fail closed type. These valves, except when necessary for the operation
of the system, shall remain closed. For pressure vessel type tanks
operating at low pressure and with service temperature near the cargo
atmospheric boiling point, the Commandant may approve individual
installations where the liquid and vapor connections normally requiring
automatic excess flow valves or remotely controlled quick-closing
shutoff valves are fitted with manually operated shutoff valves only.
    (j) The control system for quick-closing shutoff valves shall be
provided with a remote control in at least two locations and be of a
type acceptable to the Commandant. The control system shall also be
provided with a fusible element designed to melt between 208 F. and 220
F., which will cause the quick-closing shutoff valves to close in case
of fire. The quick-closing shutoff valves shall be capable of local
manual operation.
    (k) Excess flow valves, where required by this subchapter, shall
close automatically at the rated flow of vapor or liquid as specified by
the manufacturer. The piping, including valves, fittings, and
appurtenances protected by an excess flow valve, shall have a greater
capacity than the rated flow of the excess flow valve.
    (l) Liquid level gaging devices which are so constructed that
outward flow of tank contents shall not exceed that passed by a No. 54
drill size (0.055-inch diameter) opening, need not be equipped with
excess flow valves.
    (m) Pressure gage connections need not be equipped with excess flow
valves if the openings are not larger than No. 54 drill size (0.055-inch
diameter).
    (n) Excess flow valves may be designed with a bypass not to exceed a
No. 60 drill size (0.040-inch diameter) opening to allow equalization of
pressure.
    (o) Suitable valves shall be installed on the cargo headers to
relieve the pressure on the liquid and vapor lines to a safe location
prior to disconnecting shore lines.
    (p) A pressure gage shall be located at the highest practicable
point. A 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.

[[Page 534]]

    (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 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 ambient air temperature of 115 F.
plus the maximum flow rate of the cargo filling pipes or,
    (2) The vapors generated under fire exposure computed using the
formulas of 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.

[[Page 535]]

    (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, as amended by USCG-2014-0688,
79 FR 58280, Sept. 29, 2014]



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 F. and 130 F. for unrefrigerated service; or,
    (2) Within the operating temperature range for tanks operating below
atmospheric temperature.
    (b) Liquid level gaging devices may be of the following types:
Rotary tube, slip tube, magnetic, automatic float, or similar types
approved by the Commandant. Except as otherwise provided in this
section, fixed tube devices are not acceptable as the primary gaging
device.
    (c) All gaging devices shall be arranged so that the maximum liquid
level for product being carried, to which the tank may be filled is
readily determinable. The maximum gallonage capacity as required by
Sec. 38.15-1 shall be:
    (1) Marked on the tank system nameplate or gaging device; or,
    (2) Shown in the ullage tables.
    (d) Gaging devices that require bleeding of the product to the
atmosphere, such as the rotary tube, fixed tube, and slip tube, shall be
so designed that the bleed valve maximum opening is not larger than a
No. 54 drill size (0.055-inch diameter), unless provided with an excess
flow valve.
    (e) For pressure vessel type tanks each automatic float, continuous
reading tape or similar type gage not mounted directly on the tank or
dome shall be fitted with a shutoff device located as close to the tank
as practicable. When an automatic float gaging device, which gages the
entire height of the tank is used, a fixed tube gage set in the range of
85 percent to 90 percent of the water capacity of the tank shall be
provided in addition as a means of checking the accuracy of the
automatic float, gage, or other alternate means acceptable to the
Commandant may be used.
    (f) A gaging device shall be designed for a pressure at least equal
to the maximum allowable pressure of the tank on which it is installed.
    (g) Gage glasses of the columnar type are prohibited.
    (h) Flat sight glasses may be used in the design of automatic float
continuous reading tape gages: Provided, That such glasses shall be made
of high strength material suitable for the operating temperatures of not
less than one-half inch in thickness and adequately protected by a metal
cover.



                   Subpart 38.15_Special Requirements



Sec. 38.15-1  Filling of tanks--TB/ALL.

    (a) Refrigerated and semirefrigerated tanks shall be filled so that
there is an outage of at least 2 percent of the volume of the tank at
the temperature corresponding to the vapor pressure of the cargo at the
safety relief valve setting. A reduction in the required outage may be
permitted by the Commandant when warranted by special design
considerations. Normally then, the maximum volume to which a tank may be
loaded is:

VL=0.98dr V/dL

where:

VL=maximum volume to which tank may be loaded.
V=volume of tank.
dr=density of cargo at the temperature required for a cargo
          vapor pressure equal to the relief valve setting.
dL=density of cargo at the loading temperature and pressure.

    (b) Nonrefrigerated tanks shall be filled so that their filling
densities shall not exceed the ratios indicated in table 38.15-1(b).
    (c) The ``filling density'' is defined as the percent ratio of the
weight of the

[[Page 536]]

gas in a tank to the weight of water the tank will hold at 60 F.

    Table 38.15-1(b)--Maximum Permissible Filling Densities for Tanks
                Operating At or Near Ambient Temperature
------------------------------------------------------------------------
                                   Maximum permitted filling density
                             -------------------------------------------
                              Unlagged tanks--water capacity
  Specific gravity at 60 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.



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.

[[Page 537]]

    (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 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

[[Page 538]]

that the back pressure in the relief valve discharge lines shall not be
more than 10 percent of the safety relief valve setting. In nonpressure
vessel vent systems, however, where the maximum back pressure of 10
percent of the relief valve setting is insufficient to move the gases
through any but an extremely large diameter vent pipe, the back pressure
may exceed 10 percent provided:
    (1) The pressure in the tank during venting does not exceed 120
percent of the tank maximum allowable pressure; and,
    (2) The safety relief valve is sized to discharge the required
capacity with the tank pressure and vent back pressure actually used.
    (d) Return bends and restrictive pipe fittings are not permitted.
    (e) Vents and headers shall be so installed as to prevent excessive
stresses on safety relief valve mountings.
    (f) The vent discharge riser shall be so located as to provide
protection against mechanical injury and such discharge pipes shall be
fitted with loose raincaps or other suitable means to prevent entrance
of rain or snow.
    (g) No valve of any type shall be fitted in the vent pipe between
the safety relief valve and the vent outlets.
    (h) Provisions shall be made to drain condensate from the vent
header piping. Special precautions shall insure that condensate does not
accumulate at or near the relief valves.
    (i) Relief valves discharging liquid cargo shall not be connected to
the branch vent or vent header lines from the cargo tanks. They may,
however, be connected to an accumulator, the vapor space of which, may
in turn, be connected to the vent header system. Relief valves in the
cargo piping system may discharge back to the cargo tanks.
    (j) Vapor discharged to the atmosphere in accordance with Sec.
38.05-25(b) shall utilize valves separate from the safety relief valves.



Sec. 38.20-5  Venting--T/ALL.

    (a) Safety relief valves on cargo tanks in barges may be connected
to individual or common risers which shall extend to a reasonable height
above the deck. An alternate arrangement consisting of a branch vent
header system as required by Sec. 38.20-1 may be installed. In any
case, the provisions of Sec. 38.20-1 (d) through (j) shall apply.
    (b) Arrangements providing for venting cargo tanks at sea on
unmanned barges will be considered by the Commandant upon presentation
of plans.



Sec. 38.20-10  Ventilation--T/ALL.

    (a) A power ventilation system shall be provided for compartments
containing pumps, compressors, pipes, control spaces, etc. connected
with the cargo handling facilities. These compartments shall be
ventilated in such a way as to remove vapors from points near the floor
level or bilges, or other areas where vapor concentrations may be
expected. The compartments shall be equipped with power ventilation of
the exhaust type having capacity sufficient to effect a complete change
of air in not more than 3 minutes equal to the volume of the compartment
and associated trunks.
    (b) The power ventilation units shall not produce a source of vapor
ignition in either the compartment or the ventilation system associated
with the compartment. Inlets to exhaust ducts shall be provided and
located at points where concentrations of vapors may be expected.
Ventilation from the weather deck shall be provided. Ventilation outlets
shall terminate away from any openings to the interior part of the
vessel a lateral distance at least equal to that specified in Sec.
38.20-1(a). These outlets shall be so located as to minimize the
possibility of recirculating contaminated air through the compartment.
    (c) Means shall be provided for purging the following spaces of
cargo vapors:
    (1) The space surrounding nonpressure vessel type tanks, i.e.,
within the secondary barrier.
    (2) The space surrounding pressure-vessel type tanks whose piping
connections are below the weather deck in accordance with Sec. 38.10-
1(h).
    (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

[[Page 539]]

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 F (-55 C) or warmer; or
    (ii) Eight years after the last internal inspection if the tank is
of a type other than that described in paragraph (a)(1)(i) of this
section.
    (2) An external examination of unlagged tanks and the visible parts
of lagged tanks shall be made at each inspection for certification and
at such other times as considered necessary.
    (3) The owner shall ensure that the amount of insulation deemed
necessary by the marine inspector is removed from insulated tanks during
each internal inspection to allow spot external examination of the tanks
and insulation, or the thickness of the tanks may be gauged by a
nondestructive means accepted by the marine inspector without the
removal of insulation.
    (4) If required by the Officer in Charge, Marine Inspection, the
owner shall conduct nondestructive testing of each tank in accordance
with 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 tank's--
    (1) Maximum allowable pressure, as determined by the safety relief
valve setting; or
    (2) Design pressure, when cargo tanks operate at maximum allowable
pressures reduced below the design pressure in order to satisfy special
mechanical stress relief requirements.

    Note: See the ASME Code, section VIII, appendix 3 for information on
design pressure.

    (c) For pressure vessels designed and/or supported such that they
cannot safely be filled with water, the Commandant will consider a
pneumatic test in lieu of the hydrostatic test. A leak test shall be
performed in conjunction with the pneumatic test. Pneumatic testing
shall be in accordance with subchapter F (Marine Engineering) of this
chapter.
    (d) Nonpressure vessel type tanks shall be tested to a pressure
equal to the pressure on the bottom of the tank under the design
conditions listed in Sec. 38.05-4(e).
    (e) In the application of the requirements for testing of the cargo
tanks, the test shall in no case be less severe than the worst
anticipated service condition of the cargo loading.
    (f) In the design and testing of the independent cargo tanks,
consideration shall be given to the possibility of the independent tanks
being subjected to external loads.

[CGFR 66-33, 31 FR 15269, Dec. 6, 1966, as amended by CGD 85-061, 54 FR
50962, Dec. 11, 1989; USCG-2014-0688, 79 FR 58280, Sept. 29, 2014]



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);

[[Page 540]]

    (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 39.1000_General

Sec.
39.1001 Applicability--TB/ALL.

39.1003 Definitions--TB/ALL.
39.1005 Incorporation by reference--TB/ALL.
39.1009 Additional tank vessel vapor processing unit requirements--TB/
          ALL.
39.1011 Personnel training requirements--TB/ALL.
39.1013 U.S.-flagged tank vessel certification procedures for vapor
          control system designs--TB/ALL.
39.1015 Foreign-flagged tank vessel certification procedures for vapor
          control system designs--TB/ALL.
39.1017 Additional certification procedures for a tank barge vapor
          collection system design--B/ALL.

               Subpart 39.2000_Equipment and Installation

39.2001 Vapor collection system--TB/ALL.
39.2003 Cargo gauging system--TB/ALL.
39.2007 Tankship liquid overfill protection--T/ALL.
39.2009 Tank barge liquid overfill protection--B/ALL.
39.2011 Vapor overpressure and vacuum protection--TB/ALL.
39.2013 High and low vapor pressure protection for tankships--T/ALL.
39.2014 Polymerizing cargoes safety--TB/ALL.
39.2015 Tank barge pressure-vacuum indicating devices--B/ALL.

    Subpart 39.3000_Vapor Collection Operations During Cargo Transfer

39.3001 Operational requirements for vapor control systems during cargo
          transfer--TB/ALL.

    Subpart 39.4000_Vessel-to-Vessel Transfers Using Vapor Balancing

39.4001 General requirements for vapor balancing--TB/ALL.
39.4003 Design and equipment for vapor balancing--TB/ALL.
39.4005 Operational requirements for vapor balancing--TB/ALL.

  Subpart 39.5000_Multi-breasted Loading Using a Single Facility Vapor
                               Connection

39.5001 General requirements for multi-breasted loading--B/CLBR.
39.5003 Additional requirements for multi-breasted loading using inboard
          barge vapor collection system--B/CLBR.
39.5005 Additional requirements for multi-breasted loading using a
          ``dummy'' vapor header--B/CLBR.

[[Page 541]]

  Subpart 39.6000_Tank Barge Cleaning Operations with Vapor Collection

39.6001 Design and equipment of vapor collection and stripping systems--
          B/ALL.
39.6003 Overpressure and underpressure protection during stripping and
          gas-freeing operations--B/ALL.
39.6005 Inspection prior to conducting gas-freeing operations--B/ALL.
39.6007 Operational requirements for tank barge cleaning--B/ALL.
39.6009 Barge person in charge: Designation and qualifications--B/ALL.

    Authority: 33 U.S.C. 1225, 1231; 42 U.S.C. 7511b(f)(2); 46 U.S.C.
3306, 3703, 3715(b); E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277;
Department of Homeland Security Delegation No. 0170.1.

    Source: USCG-1999-5150, 78 FR 42642, July 16, 2013, unless otherwise
noted.



                         Subpart 39.1000_General



Sec. 39.1001  Applicability--TB/ALL.

    (a) This part applies to tank vessels that use a vapor control
system (VCS) to collect vapors emitted to or from a vessel's cargo tanks
while operating in the navigable waters of the United States, except--
    (1) Tank vessels with an operating vapor collection system approved
by the Coast Guard prior to July 23, 1990, for the collection and
transfer of cargo vapor to specific facilities. Such tank vessels are
only subject to 46 CFR 39.1013, 39.3001, and 39.4005; and
    (2) A tank barge that collects vapors emitted from its cargo tanks
during gas-freeing or cleaning operations at a cleaning facility. This
type of tank barge is only subject to 46 CFR part 39, subparts 39.1000
and 39.6000, and must comply with requirements of these two subparts at
the time of its next inspection for certification required by 46 CFR
31.10-15, but no later than August 15, 2018.
    (b) This part does not apply to the collection of vapors of
liquefied flammable gases as defined in 46 CFR 30.10-39.
    (c) In this part, regulatory measurements, whether in the metric or
English system, are sometimes followed by approximate equivalent
measurements in parentheses, which are given solely for the reader's
convenience. Regulatory compliance with the regulatory measurement is
required.



Sec. 39.1003  Definitions--TB/ALL.

    As used in this part only:
    Barge vapor connection means the point in a barge's piping system
where it connects to a vapor collection hose or arm. This may be the
same as the barge's cargo connection while controlling vapors during
tank barge cargo tank-cleaning operations.
    Cargo deck area means that part of the weather deck that is directly
over the cargo tanks.
    Cargo tank venting system means the venting system required by 46
CFR 32.55.
    Certifying entity means a certifying entity accepted by the Coast
Guard as such pursuant to 33 CFR part 154, subpart P.
    Cleaning facility means a facility used or capable of being used to
conduct cleaning operations on a tank barge.
    Cleaning operation means any stripping, gas-freeing, or tank-washing
operation of a barge's cargo tanks conducted at a cleaning facility.
    Commandant means the Commandant (CG-ENG), U.S. Coast Guard, 2100 2nd
St. SW., Stop 7126, Washington, DC 20593-7126.
    Facility vapor connection means the point in a facility's fixed
vapor collection system where the system connects with the vapor
collection hose or the base of the vapor collection arm.
    Fixed stripping line means a pipe extending to the low point of each
cargo tank, which is welded through the deck and terminated above deck
with a valve, and plugged at the open end.
    Flammable liquid means a liquid as defined in 46 CFR 30.10-22.
    Fluid displacement system means a system that removes vapors from a
barge's cargo tanks during gas freeing through the addition of an inert
gas or other medium into the cargo tank.
    Fluid injection connection means the point in a fluid displacement
system at which the fixed piping or hose that supplies the inert gas or
other medium connects to a barge's cargo tanks or fixed piping system.
    Gas freeing means the removal of vapors from a tank barge.

[[Page 542]]

    Independent as applied to two systems means that one system will
operate when there is a failure of any part of the other system.
    Inerted means the oxygen content of the vapor space in a cargo tank
is reduced in accordance with the inert gas requirements of 46 CFR 32.53
or 33 CFR 153.500. If a cargo vapor in a cargo tank that is connected to
the vapor collection system is defined as inerted at the start of cargo
transfer, the oxygen content in the vapor space of the cargo tank must
not exceed 60 percent by volume of the cargo's minimum oxygen
concentration for combustion, or 8 percent by volume for vapor of crude
oil, gasoline blends, or benzene.
    Marine Safety Center (MSC) means Commanding Officer, Marine Safety
Center, U.S. Coast Guard, 4200 Wilson Boulevard Suite 400, Arlington, VA
22203 for visitors. Send all mail to Commanding Officer (MSC), Attn:
Marine Safety Center, U.S. Coast Guard Stop 7410, 4200 Wilson Boulevard
Suite 400, Arlington, VA 20598-7410.
    Maximum allowable gas-freeing rate means the maximum volumetric rate
at which a barge may be gas-freed during cleaning operations.
    Maximum allowable stripping rate means the maximum volumetric rate
at which a barge may be stripped during cleaning operations prior to the
opening of any hatch and/or fitting on the cargo tank being stripped.
    Maximum allowable transfer rate means the maximum volumetric rate at
which a vessel may receive cargo or ballast.
    Minimum oxygen concentration for combustion (MOCC) means the lowest
level of oxygen in a vapor or vapor mixture that will support
combustion.
    New vapor collection system means a vapor collection system that is
not an existing vapor collection system.
    Service vessel means a vessel that transports bulk liquid cargo
between a facility and another vessel.
    Set pressure means the pressure at which the pressure or vacuum
valve begins to open and the flow starts through the valve.
    Stripping means the removal, to the maximum extent practicable, of
cargo residue remaining in the barge's cargo tanks and associated fixed
piping system after cargo transfer or during cleaning operations.
    Vacuum displacement system means a system that removes vapors from a
barge's cargo tanks during gas-freeing by sweeping air through the cargo
tank hatch openings.
    Vapor balancing means the transfer of vapor displaced by incoming
cargo from the tank of a vessel or facility 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 to or from a vessel's cargo tanks and to
transport the vapor to a vapor processing unit or a tank.
    Vapor control system (VCS) means an arrangement of piping and
equipment used to control vapor emissions collected to or from a vessel.
It includes the vapor collection system and vapor processing unit or a
tank.
    Vapor processing unit means the components of a VCS that recover,
destroy, or disperse vapor collected from a vessel.
    Vessel-to-vessel transfer (direct or through a shore loop) means
either--
    (1) The transfer of a bulk liquid cargo from a tank vessel to a
service vessel; or
    (2) The transfer of a bulk liquid cargo from a service vessel to
another vessel in order to load the receiving vessel to a deeper draft.
    Vessel vapor connection means the point in a vessel's fixed vapor
collection system where the system connects with the vapor collection
hose or arm.

[USCG-1999-5150, 78 FR 42642, July 16, 2013, as amended by USCG-2013-
0671, 78 FR 60147, Sept. 30, 2013]



Sec. 39.1005  Incorporation by reference--TB/ALL.

    (a) Certain material is incorporated by reference (IBR) 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 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

[[Page 543]]

Coast Guard, Office of Design and Engineering Standards (CG-ENG) 2100
2nd Street SW., Stop 7126, Washington, DC 20593-7126, telephone 202-372-
1418 and 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. Also, it is available from the
sources indicated in this section.
    (b) American National Standards Institute (ANSI), 25 West 43rd
Street, 4th floor, New York, NY 10036.
    (1) ANSI B16.5, Steel Pipe Flanges and Flanged Fittings, 1981, IBR
approved for Sec. Sec. 39.2001(i) and 39.6001(k).
    (2) [Reserved]
    (c) American Petroleum Institute (API), 1220 L Street NW.,
Washington, DC 20005.
    (1) API Standard 2000, Venting Atmospheric and Low-Pressure Storage
Tanks (Non-refrigerated and Refrigerated), Third Edition, January 1982
(reaffirmed December 1987)(``API 2000''), IBR approved for Sec.
39.2011(b).
    (2) [Reserved]
    (d) ASTM International (ASTM), 100 Barr Harbor Drive, West
Conshohocken, PA 19428-2959.
    (1) ASTM F1122-87 (Reapproved1992)--Standard Specification for Quick
Disconnect Couplings (``ASTM F1122''), IBR approved for Sec.
39.2001(k).
    (2) ASTM F1271--Standard Specification for Spill Valves for Use in
Marine Tank Liquid Overpressure Protection Applications (``ASTM
F1271''), December 29, 1989, IBR approved for Sec. 39.2009(a).
    (e) International Electrotechnical Commission (IEC), Bureau Central
de la Commission Electrotechnique Internationale, 3, rue de VarembAE1,
P.O. Box 131, CH--1211 Geneva 20, Switzerland.
    (1) IEC 60309-1 Plugs, Socket-Outlets and Couplers for Industrial
Purposes--Part 1: General Requirements, Edition 4.2 2012-06, IBR
approved for Sec. 39.2009(a).
    (2) IEC 60309-2 Plugs, Socket-Outlets and Couplers for Industrial
Purposes--Part 2: Dimensional Interchangeability Requirements for Pin
and Contact-tube Accessories, Edition 4.2 2012-05, IBR approved for
Sec. 39.2009(a).
    (f) International Maritime Organization (IMO), 4 Albert Embankment,
London SE1 7SR, United Kingdom.
    (1) International Convention for the Safety of Life at Sea,
Consolidated Text of the 1974 SOLAS Convention, the 1978 SOLAS Protocol,
the 1981 and 1983 SOLAS Amendments (1986) (``SOLAS''), IBR approved for
Sec. 39.2001(e).
    (2) [Reserved]
    (g) National Electrical Manufacturers Association (NEMA), 1300 North
17th Street, Suite 1752, Rosslyn, VA 22209.
    (1) ANSI NEMA WD-6--Wiring Devices, Dimensional Requirements, 1988
(``NEMA WD-6''), IBR approved for Sec. 39.2009(a)
    (2) [Reserved]
    (h) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169-7471.
    (1) NFPA 70--National Electrical Code, 2011, IBR approved for Sec.
39.2009(a).
    (2) [Reserved]
    (i) Oil Companies International Marine Forum (OCIMF), 29 Queen
Anne's Gate, London SWIH 9BU, England.
    (1) International Safety Guide for Oil Tankers and Terminals, Fifth
Edition, 2006 (``ISGOTT''), IBR approved for Sec. Sec. 39.3001(g),
39.5001(c), 39.6001(g), and 39.6005(a).
    (2) [Reserved]

    Editorial Note: At 78 FR 60147, Sept. 30, 2013, Sec. 39.1005 was
amended; however, the amendment could not be incorporated due to
inaccurate amendatory instruction.



Sec. 39.1009  Additional tank vessel vapor processing unit
requirements--TB/ALL.

    (a) Vapor piping, fitting, valves, flanges, and pressure vessels
comprising the construction and installation of a permanent or portable
vapor processing unit onboard a tank vessel must meet the marine
engineering requirements of 46 CFR chapter I, subchapter F.
    (b) Electrical equipment comprising the construction and
installation of a permanent or portable vapor processing unit onboard a
tank vessel must meet the electrical engineering requirements of 46 CFR
chapter I, subchapter J.

[[Page 544]]

    (c) In addition to complying with the rules of this part, tank
vessels with a permanent or portable vapor processing unit must comply
with applicable requirements of 33 CFR part 154, subpart P.
    (d) When differences between the requirements for vessels contained
in 46 CFR chapter I, subchapters F and J and requirements for facilities
contained in 33 CFR part 154, subpart P need to be resolved, the
requirements of 46 CFR chapter I, subchapters F and J apply, unless
specifically authorized by the Marine Safety Center.



Sec. 39.1011  Personnel training requirements--TB/ALL.

    Personnel responsible for operating the vapor control system (VCS)
must complete a training program prior to the operation of the system
installed onboard the tank vessel. As part of the training program,
personnel must be able to demonstrate, through drills and practical
knowledge, the proper VCS operation procedures for normal and emergency
conditions. The training program must cover the following subjects:
    (a) Purpose of a VCS;
    (b) Principles of the VCS;
    (c) Components of the VCS;
    (d) Hazards associated with the VCS;
    (e) Coast Guard regulations in this part;
    (f) Vapor control operation procedures during cargo transfer or tank
barge cleaning, including:
    (1) Testing and inspection requirements;
    (2) Pre-transfer or pre-cleaning procedures;
    (3) Connection sequence;
    (4) Startup procedures; and
    (5) Normal operations; and
    (g) Emergency procedures.



Sec. 39.1013  U.S.-flagged tank vessel certification procedures for
vapor control system designs--TB/ALL.

    (a) For an existing Coast Guard-approved vapor control system (VCS)
that has been operating before July 23, 1990, the tank vessel owner or
operator must submit detailed engineering drawings, calculations, and
specifications to the Marine Safety Center (MSC) for review and approval
before modifying the system or transferring vapor to a facility that was
not approved by the Coast Guard for that kind of vapor transfer.
    (b) For a Coast Guard-approved vessel VCS that began operating on or
after July 23, 1990, the tank vessel owner or operator must submit
plans, calculations, and specifications to the MSC for review and
approval before modifying the system.
    (c) A tank vessel owner or operator must submit plans, calculations,
and specifications for a new tank vessel VCS to the MSC for review and
approval before installing the system. A permanent or portable vapor
processing unit onboard a tank vessel will be reviewed, together with
the tank vessel, as a complete and integrated system.
    (d) Once the plan review and inspection of the tank vessel VCS
satisfy the requirements of this part, the Officer in Charge, Marine
Inspection (OCMI) will endorse the Certificate of Inspection for the
U.S.-flagged tank vessel.



Sec. 39.1015  Foreign-flagged tank vessel certification procedures for
vapor control system designs--TB/ALL.

    As an alternative to meeting the requirements in 33 CFR 39.1013(a),
(b), and (c), the owner or operator of a foreign-flagged tank vessel may
submit certification by the classification society that classifies
vessels under their foreign flags to the Marine Safety Center. Upon
receipt of the certification stating that the vapor control system (VCS)
meets the requirements of this part, the Officer in Charge, Marine
Inspection (OCMI) will endorse the vessel's Certificate of Compliance
for foreign-flagged tank vessels.



Sec. 39.1017  Additional certification procedures for a tank barge vapor
collection system design--B/ALL.

    (a) For a tank barge vapor collection system intended for operation
in multi-breasted loading using a single facility vapor connection, the
tank barge owner or operator must submit plans, calculations, and
specifications to the Marine Safety Center (MSC) for review and approval
before beginning a multi-breasted loading operation.

[[Page 545]]

    (b) For a tank barge intended for collecting vapors emitted from its
cargo tanks during gas-freeing or cleaning operations at a cleaning
facility, the barge owner or operator must submit the following items to
the MSC for review and approval:
    (1) Stripping system plans and specifications, except those approved
by the MSC on or before the August 15, 2013; and
    (2) Stripping and/or gas-freeing rate calculations, except those
approved by the MSC on or before the August 15, 2013.
    (c) Once the vapor collection system satisfies the requirements of
this part, the Officer in Charge, Marine Inspection (OCMI) will endorse
the Certificate of Inspection that the tank barge is acceptable for
collecting vapors during cleaning operations.



               Subpart 39.2000_Equipment and Installation



Sec. 39.2001  Vapor collection system--TB/ALL.

    (a) Vapor collection piping must be fixed piping and the vessel's
vapor connection must be located as close as practicable to the loading
manifold, except--
    (1) As allowed by the Commandant; and
    (2) A vessel certificated to carry cargo listed in 46 CFR, part 151,
Table 151.05 or part 153, Table 1 may use flexible hoses no longer than
three meters (9.84 feet) for interconnection between fixed piping
onboard the vessel to preserve segregation of cargo systems. These
flexible hoses must also meet the requirements in paragraph (i) of this
section, excluding paragraph (i)(5), and meet the following additional
requirements:
    (i) The installation of flexible hoses must include an isolation
valve mounted on the tank side of the connection; and
    (ii) Hose connections permitted under paragraph (a)(2) of this
section are exempt from the requirements of paragraph (h) of this
section.
    (b) When collecting incompatible vapors simultaneously, vapors must
be kept separate throughout the entire vapor collection system.
    (c) Vapor collection piping must be electrically bonded to the hull
and must be electrically continuous.
    (d) The vapor collection system must have a mechanism to eliminate
liquid condensation, such as draining and collecting liquid from each
low point in the line.
    (e) For a tankship that has an inert gas system, a mechanism must be
in place to isolate the inert gas supply from the vapor control system
(VCS). The inert gas main isolation valve required by chapter II-2,
Regulation 62.10.8 of SOLAS (incorporated by reference, see 46 CFR
39.1005), may be used to satisfy this requirement.
    (f) The vapor collection system must not interfere with the proper
operation of the cargo tank venting system.
    (g) The tank vessel owner or operator must install an isolation
valve capable of manual operation. It must be located at the vessel
vapor connection and must clearly show whether the valve is in the open
or closed position via an indicator, valve handle, or valve stem.
    (h) The last 1.0 meter (3.3 feet) of vapor piping upstream of the
vessel vapor connection and each end of a vapor hose must be--
    (1) Painted in the sequence of red/yellow/red. The width of the red
bands must be 0.1 meter (0.33 foot) and the width of the middle yellow
band must be 0.8 meter (2.64 feet); and
    (2) Labeled with the word ``VAPOR'' painted in black letters at
least 50.8 millimeters (2 inches) high.
    (i) Hoses that transfer vapors must meet the following requirements:
    (1) Have a design burst pressure of at least 25 pounds per square
inch gauge (psig);
    (2) Have a maximum allowable working pressure no less than 5 psig;
    (3) Be capable of withstanding at least a 2.0 pounds per square inch
(psi) vacuum without collapsing or constricting;
    (4) Be electrically continuous with a maximum resistance of 10,000
ohms;
    (5) Have flanges with--
    (i) A bolthole arrangement complying with the requirements for 150
pound class ANSI B16.5 flanges (incorporated by reference, see 46 CFR
39.1005); and

[[Page 546]]

    (ii) One or more 15.9 millimeter (0.625 inch) diameter hole(s)
located midway between boltholes and in line with the bolthole pattern;
and
    (6) Be abrasion and kinking resistant.
    (j) Each vessel vapor connection flange face must have a permanent
stud projecting outward that has a 12.7 millimeter (0.5 inch) diameter
and is at least 25.4 millimeters (1 inch) long. It must be located at
the top of the flange face, midway between boltholes, and in line with
the bolthole pattern.
    (k) Quick disconnect couplings (QDCs) may be used instead of flanges
at the flexible hose connection and fixed piping on tankships provided
they meet ASTM F1122 (incorporated by reference, see 46 CFR 39.1005) and
are designed as ``Standard Class QDC.''
    (l) Hose saddles that provide adequate support to prevent kinking or
collapse of hoses must accompany vapor hose handling equipment.
    (m) For cargoes that have toxic properties, listed in 46 CFR Table
151.05 with the ``Special requirements'' column referring to 46 CFR
151.50-5, an overfill alarm and shutdown system that meet the
requirements of 46 CFR 39.2007(a), 39.2009(a), or 39.2009(b) must be
used for primary overfill protection. If the vessel is also equipped
with spill valves or rupture disks, their setpoints must be set higher
than the vessel's pressure relief valve setting as required by 46 CFR
39.2009(a)(3).



Sec. 39.2003  Cargo gauging system--TB/ALL.

    (a) A cargo tank of the tank vessel connected to a vapor collection
system must be equipped with a permanent or portable cargo gauging
device that--
    (1) Is a closed type as defined in 46 CFR 151.15.10(c) that does not
require opening the tank to the atmosphere during cargo transfer;
    (2) Allows the operator to determine the level of liquid in the tank
for the full range of liquid levels in the tank;
    (3) Has an indicator for the level of liquid in the tank that is
located where cargo transfer is controlled; and
    (4) If portable, is installed on the tank during the entire transfer
operation.
    (b) Each cargo tank of a tank barge must have a high-level
indicating device, unless the barge complies with 46 CFR 39.2009(a). The
high-level indicating device must--
    (1) Indicate visually the level of liquid in the cargo tank when the
liquid level is within a range of 1 meter (3.28 feet) of the top of the
tank;
    (2) Show a permanent mark to indicate the maximum liquid level
permitted under 46 CFR 39.3001(e) at even keel conditions; and
    (3) Be visible from all cargo control areas.



Sec. 39.2007  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) If installed after July 23, 1990, the high-level alarm and tank
overfill alarm required by paragraph (a) of this section must--
    (1) Be independent of each other;
    (2) Activate an alarm in the event of loss of power to the alarm
system;
    (3) Activate an alarm during the failure of electrical circuitry to
the tank level sensor; and
    (4) Be able to be verified at the tank for proper operation prior to
each transfer. This procedure may be achieved with the use of an
electronic self-testing feature that monitors the condition of the alarm
circuitry and sensor.
    (c) The high-level alarm required by paragraph (a) of this section
must--
    (1) Activate an alarm once the cargo level reaches 95 percent of the
tank capacity or higher, but before the tank overfill alarm;
    (2) Be identified with the legend ``High-level Alarm'' in black
letters at least 50.8 millimeters (2 inches) high on a white background;
and
    (3) Activate a visible and audible alarm so that it 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) Be identified with the legend ``TANK OVERFILL ALARM'' in black
letters at least 50.8 millimeters (2 inches) high on a white background;

[[Page 547]]

    (3) Activate a visible and audible alarm so that it can be seen and
heard on the vessel where cargo transfer is controlled and in the cargo
deck area; and
    (4) Activate an alarm early enough to allow the person in charge of
transfer operations to stop the cargo transfer before the 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 46 CFR
39.2009(c).
    (f) If a rupture disk is installed on a cargo tank fitted with a
vapor collection system, it must meet the requirements of 46 CFR
39.2009(d).



Sec. 39.2009  Tank barge liquid overfill protection--B/ALL.

    (a) Each cargo tank of a tank barge must have one of the following
liquid overfill protection arrangements:
    (1) A system meeting the requirements of 46 CFR 39.2007 that--
    (i) Includes a self-contained power supply;
    (ii) Is powered by generators on the barge; or
    (iii) Receives power from a facility and is fitted with a shore tie
cable and a 120-volt, 20-ampere explosion-proof plug that meets--
    (A) ANSI NEMA WD-6 (incorporated by reference, see 46 CFR 39.1005);
    (B) NFPA 70, Articles 406.9 and 501-145 (incorporated by reference,
see 46 CFR 39.1005); and
    (C) 46 CFR 111.105-9;
    (2) An intrinsically safe overfill control system that--
    (i) Is independent of the cargo-gauging device required by 46 CFR
39.2003(a);
    (ii) Activates an alarm and automatic shutdown system at the
facility overfill control panel 60 seconds before the tank is 100
percent liquid-full during a facility-to-vessel cargo transfer;
    (iii) Activates an alarm and automatic shutdown system on the vessel
discharging cargo 60 seconds before the tank is 100 percent liquid-full
during a vessel-to-vessel cargo transfer;
    (iv) Can be inspected at the tank for proper operation prior to each
loading;
    (v) Consists of components that, individually or in series, will not
generate or store a total of more than 1.2 volts (V), 0.1 amperes (A),
25 megawatts (MW), or 20 microJoules (\J);
    (vi) Has at least one tank overfill sensor switch per cargo tank
that is designed to activate an alarm when its normally closed contacts
are open;
    (vii) Has all tank overfill sensor switches connected in series;
    (viii) Has interconnecting cabling that meets 46 CFR 111.105-11(b)
and (d), and 46 CFR 111.105-17(a); and
    (ix) Has a male plug with a five-wire, 16-A connector body meeting
IEC 60309-1 and IEC 60309-2 (both incorporated by reference, see 46 CFR
39.1005), that is--
    (A) 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
    (B) Labeled ``Connector for Barge Overflow Control System'' and
labeled with the total inductance and capacitance of the connected
switches and cabling;
    (3) A spill valve that meets ASTM F1271 requirements (incorporated
by reference, see 46 CFR 39.1005), and--
    (i) Relieves at a predetermined pressure higher than the pressure at
which the pressure relief valves meeting the requirements of 46 CFR
39.2011 operate;
    (ii) Limits the maximum pressure at the top of the cargo tank during
liquid overfill to not more than the maximum design working pressure for
the tank when at the maximum loading rate for the tank; and
    (iii) Has a means to prevent opening due to cargo sloshing while the
vessel is in ocean or coastwise service; or
    (4) A rupture disk arrangement that meets paragraphs (a)(3)(i),
(ii), and (iii) of this section and is approved by the Commandant.
    (b) A tank barge authorized to carry a cargo having toxic
properties, meaning they are listed in 46 CFR Table 151.05 with the
``Special requirements'' column referring to 46 CFR 151.50-5, must
comply with the requirements of 46 CFR 39.2001(m).



Sec. 39.2011  Vapor overpressure and vacuum protection--TB/ALL.

    (a) The cargo tank venting system required by 46 CFR 32.55 must--

[[Page 548]]

    (1) Be capable of discharging cargo vapor at the maximum transfer
rate plus the vapor growth for the cargo such that the pressure in the
vapor space of each tank connected to the vapor control system (VCS)
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) Relieve at a pressure corresponding to a pressure in the cargo
tank vapor space not less than 1.0 pounds per square inch gauge (psig);
    (3) Prevent a vacuum, which generates in any tank connected to the
vapor collection system during the withdrawal of cargo or vapor at
maximum rates, in a cargo tank vapor space from exceeding the maximum
design vacuum; and
    (4) Not relieve at a vacuum corresponding to a vacuum in the cargo
tank vapor space between 14.7 pounds per square inch absolute (psia) (0
psig) and 14.2 psia (-0.5 psig).
    (b) Each pressure-vacuum relief valve must--
    (1) Be of a type approved under 46 CFR 162.017, for the pressure and
vacuum relief setting desired;
    (2) Be tested for venting capacity in accordance with paragraph
1.5.1.3 of API 2000 (incorporated by reference, see 46 CFR 39.1005). The
test 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 feet) per second; and
    (3) If installed after July 23, 1991, have a mechanism to check that
it operates freely and does not remain in the open position.
    (c) A liquid filled pressure-vacuum breaker may be used for vapor
overpressure and vacuum protection if the vessel owner or operator
obtains the prior written approval of the Commandant.
    (d) Vapor growth must be calculated following the Marine Safety
Center guidelines available in Coast Guard VCS guidance at http://
homeport.uscg.mil, or as specifically approved in writing by the
Commandant after consultation with the Marine Safety Center.



Sec. 39.2013  High and low vapor pressure protection for
tankships--T/ALL.

    Each tankship with a vapor collection system must be fitted with a
pressure-sensing device, located as close as practicable to the vessel
vapor connection, that measures the pressure in the main vapor
collection line, which--
    (a) Has a pressure indicator located on the tankship where the cargo
transfer is controlled; and
    (b) Has a high-pressure and a low-pressure alarm that--
    (1) Gives an audible and a visible warning on the vessel where the
cargo transfer is controlled;
    (2) Activates an alarm when the pressure-sensing device measures a
high pressure of not more than 90 percent of the lowest pressure relief
valve setting in the cargo tank venting system; and
    (3) Activates an alarm when the pressure-sensing device measures a
low pressure of not less than 0.144 pounds per square inch gauge (psig)
for an inerted tankship, or the lowest vacuum relief valve setting in
the cargo tank venting system for a non-inerted tankship.



Sec. 39.2014  Polymerizing cargoes safety--TB/ALL.

    (a) Common vapor headers for polymerizing cargoes must be
constructed with adequate means to permit internal examination of vent
headers.
    (b) Vapor piping systems and pressure-vacuum valves that are used
for polymerizing cargoes must be inspected internally at least annually.
    (c) Pressure-vacuum valves and spill valves which are used for
polymerizing cargoes must be tested for proper movement prior to each
transfer.



Sec. 39.2015  Tank barge pressure-vacuum indicating device--B/ALL.

    A fixed pressure-sensing device must be installed as close as
practicable to the vessel vapor connection on a tank barge with a vapor
collection system. The pressure-sensing device must measure the pressure
vacuum in the main vapor collection line and have a

[[Page 549]]

pressure indicator located where the cargo transfer is controlled.



    Subpart 39.3000_Vapor Collection Operations During Cargo Transfer



Sec. 39.3001  Operational requirements for vapor control systems during
cargo transfer--TB/ALL.

    (a) Vapor from a tank vessel may not be transferred to a facility in
the United States, or vapor from a facility storage tank may not be
transferred to a tank vessel, unless the facility's marine vapor control
system (VCS) is certified by a certifying entity as meeting the
requirements of 33 CFR part 154, subpart P and the facility's facility
operations manual is marked by the local Coast Guard Captain of the Port
(COTP) as required by 33 CFR 154.325(d).
    (b) Vapor from a tank vessel may not be transferred to a vessel that
does not have its certificate of inspection or certificate of compliance
endorsed as meeting the requirements of this part and for controlling
vapor of the cargo being transferred.
    (c) For each cargo transferred using a vapor collection system, the
pressure drop through the vapor collection system from the most remote
cargo tank to the vessel vapor connection, including vapor hoses if used
by the vessel, must be--
    (1) Calculated at the maximum transfer rate and at lesser transfer
rates;
    (2) Calculated using a density estimate for the cargo vapor and air
mixture, or vapor and inert gas mixture, based on a partial pressure
(partial molar volumes) method for the mixture, assuming ideal gas law
conditions;
    (3) Calculated using a vapor growth rate as stated in 46 CFR
39.2011(d) for the cargo being transferred; and
    (4) Included in the vessel's transfer procedures as a table or
graph, showing the liquid transfer rate versus the pressure drop.
    (d) The rate of cargo transfer must not exceed the maximum allowable
transfer rate as determined by the lesser of the following:
    (1) Eighty percent of the total venting capacity of the pressure
relief valves in the cargo tank venting system when relieving at the set
pressure.
    (2) The total vacuum relieving capacity of the vacuum relief valves
in the cargo tank venting system when relieving at the set pressure.
    (3) For a given pressure at the facility vapor connection, or if
vessel-to-vessel transfer at the vapor connection of the service vessel,
then the rate based on pressure drop calculations at which 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) Cargo tanks 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 46 CFR
39.2007 or 39.2009(a)(2) is set.
    (f) A cargo tank should remain sealed from the atmosphere during
cargo transfer operations. The cargo tank may only be opened temporarily
for gauging or sampling while the tank vessel is connected to a VCS as
long as the following conditions are met:
    (1) The cargo tank is not being filled or no vapor is being
transferred into the cargo tank;
    (2) For cargo loading, any pressure in the cargo tank vapor space is
first reduced to atmospheric pressure by the VCS, except when the tank
is inerted;
    (3) The cargo is not required to be closed or restricted gauged by
46 CFR part 151, Table 151.05 or part 153, Table 1; and
    (4) For static accumulating cargo, all metallic equipment used in
sampling or gauging must be electrically bonded to the vessel and remain
bonded to the vessel until it is removed from the tank, and if the tank
is not inerted, 30 minutes must have elapsed after any cargo transfer to
the tank is stopped, before the equipment is put into the tank.
    (g) For static accumulating cargo, the initial transfer rate must be
controlled in accordance with OCIMF ISGOTT Section 11.1.7 (incorporated
by reference, see 46 CFR 39.1005), in order to minimize the development
of a static electrical charge.

[[Page 550]]

    (h) If cargo vapor is collected by a facility that requires the
vapor from the vessel to be inerted in accordance with 33 CFR 154.2105,
the oxygen content in the vapor space of each cargo tank connected to
the vapor collection system must not exceed 60 percent by volume of the
cargo's minimum oxygen concentration for combustion (MOCC), or 8 percent
by volume for vapor of crude oil, gasoline blends, or benzene, at the
start of cargo transfer. The oxygen content of each tank, or each area
of a tank formed by each partial bulkhead, must be measured at a point
1.0 meter (3.28 feet) below the tank top and at a point equal to one-
half of the ullage.
    (i) If the vessel is equipped with an inert gas system, the
isolation valve required by 46 CFR 39.2001(e) must remain closed during
vapor transfer.
    (j) Unless equipped with an automatic self-test and circuit-
monitoring feature, each high-level alarm and tank overfill alarm on a
cargo tank being loaded, required by 46 CFR 39.2007 or 39.2009, must be
tested at the tank for proper operation within 24 hours prior to the
start of cargo transfer.



    Subpart 39.4000_Vessel-to-Vessel Transfers Using Vapor Balancing



Sec. 39.4001  General requirements for vapor balancing--TB/ALL.

    (a) Vessels using vapor balancing while conducting a vessel-to-
vessel transfer operation, directly or through a shore loop, must meet
the requirements of this subpart in addition to the requirements of 46
CFR part 39, subparts 39.1000, 39.2000, and 39.3000. Arrangements other
than vapor balancing used to control vapor emissions during a vessel-to-
vessel transfer operation must receive approval from the Commandant.
    (b) A vapor balancing operation must receive approval from the
Commandant to use a compressor or blower to assist vapor transfer.
    (c) 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.
    (d) A vessel that intends to collect vapors (during a vessel-to-
vessel transfer operation) from cargoes not previously approved must
receive specific approval from the Commandant before beginning transfer
operations.



Sec. 39.4003  Design and equipment for vapor balancing--TB/ALL.

    (a) During transfer operations, if the cargo tanks are inerted on a
vessel discharging cargo to a receiving vessel with inerted cargo tanks,
the service vessel must--
    (1) 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 feet) of the vessel vapor connection that--
    (i) Activates a visible and an audible alarm on the service vessel
where cargo transfer is controlled when the oxygen content in the vapor
collection system exceeds 60 percent by volume of the cargo's minimum
oxygen concentration for combustion (MOCC), or 8 percent by volume for
vapor of crude oil, gasoline blends, or benzene;
    (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 are not inerted on a vessel discharging cargo
during transfer operations, and the cargo is flammable or combustible,
the vapor collection line on the service vessel must be fitted with a
detonation arrester that meets the requirements of 33 CFR 154.2106, and
be located within 3 meters (9.74 feet) 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 each vessel
operating a vessel-to-vessel cargo transfer.



Sec. 39.4005  Operational requirements for vapor balancing--TB/ALL.

    (a) During a vessel-to-vessel transfer operation, each cargo tank
being loaded must be connected by the vapor collection system to a cargo
tank that is being discharged.
    (b) If the cargo tanks on both the vessel discharging cargo and the
vessel

[[Page 551]]

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 60
percent by volume of the cargo's minimum oxygen concentration for
combustion (MOCC), or 8 percent by volume for vapor of crude oil,
gasoline blends, or benzene. The oxygen content of each tank, or each
area of a tank formed by each partial bulkhead, must be measured at a
point 1 meter (3.28 feet) below the tank top and at a point equal to
one-half of the ullage;
    (2) Prior to starting transfer operations, the oxygen analyzer
required by 46 CFR 39.4003(a) must be tested for proper operation;
    (3) During transfer operations the oxygen content of vapors being
transferred must be continuously monitored;
    (4) Cargo transfer must be terminated if the oxygen content exceeds
60 percent by volume of the cargo's MOCC, or 8 percent by volume for
vapor of crude oil, gasoline blends, or benzene;
    (5) Transfer operations may resume once the oxygen content in the
tanks of the vessel receiving cargo is reduced to 60 percent by volume
or less of the cargo's MOCC, or 8 percent by volume or less for vapor of
crude oil, gasoline blends, or benzene; and
    (6) Prior to starting vapor transfer operations, the vapor transfer
hose must be purged of air and inerted.
    (c) The isolation valve located on the service vessel required by 46
CFR 39.2001(g) 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 vessel discharging cargo must control the cargo transfer
rate so that the transfer rate does not exceed--
    (1) The authorized maximum discharge rate of the vessel discharging
cargo;
    (2) The authorized maximum loading rate of the vessel receiving
cargo; or
    (3) The processing rate of the approved vessel vapor processing
system, if one is used to process the vapor collected during the
transfer operations.
    (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) Impressed current cathodic protection systems must be de-
energized 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.



  Subpart 39.5000_Multi-breasted Loading Using a Single Facility Vapor
                               Connection



Sec. 39.5001  General requirements for multi-breasted loading--B/CLBR.

    (a) Each barge must be owned or operated by the same entity and must
have an approved vapor control system (VCS).
    (b) There must be only one crossover vapor hose and it must--
    (1) Comply with 46 CFR 39.2001(h) and (i);
    (2) Have a diameter at least as that of the largest pipe in the
outboard barge's VCS, and
    (3) If it extends more than 25 feet (7.62 meters) between the two
barges during the transfer operation, it must be as short as is
practicable, safe for the conditions, supported off the vessels' decks,
and its pressure drop calculations must be approved for its length by
the Marine Safety Center (MSC), or reapproved by the MSC if existing
approval was based on a 25-foot hose.
    (c) The hazards associated with barge-to-barge or barge-to-shore
electric currents must be controlled in accordance with sections 11.9 or
17.5 of OCIMF ISGOTT (incorporated by reference, see 46 CFR 39.1005).
    (d) The cargo transfer procedures must reflect the procedures to
align and disconnect a facility VCS to and from an inboard barge, and
alternately, to and from an outboard barge through

[[Page 552]]

the vapor cross-over hose and the inboard barge's vapor header, or
``dummy'' header. This must include proper connections for the facility
VCS's alarm/shutdown system to the alarm/shutdown system of the barge
being loaded at the time.
    (e) Calculations for multi-breasted loading must consider additional
pressure drops across the barges' vapor collection systems and the cross
vapor hose and must be reviewed and approved by the MSC per 46 CFR
39.1017(a).
    (f) Barge owners and operators must comply with any additional
operational requirements imposed by the local Captain of the Port (COTP)
in whose zone the shore facility is located. These facilities' VCSs must
be certified for conducting such an operation.



Sec. 39.5003  Additional requirements for multi-breasted loading using
an inboard barge vapor collection system--B/CLBR.

    (a) Each barge must have at least one liquid overfill protection
system that fulfills the requirements of 46 CFR 39.2009.
    (b) The vapor header of an inboard barge that is used during
outboard barge loading must--
    (1) Be aligned with the vapor header of the outboard barge;
    (2) Have a diameter at least as large as the diameter of the largest
pipe in the vapor collection system of the outboard barge; and
    (3) Be marked in accordance with 46 CFR 39.2001(h).
    (c) A licensed tankerman, trained in and familiar with multi-
breasted loading operations, must be onboard each barge during transfer
operations. The tankerman serves as the barge person-in-charge (PIC).
During transfer operations, the barge PICs must maintain constant
communication with each other as well as with the facility PIC.
    (d) If multi-breasted loading will be conducted using more than one
liquid transfer hose from the shore facility, the facility must be
capable of activating the emergency shutdown system required by 33 CFR
154.550. This will automatically stop the cargo flow to each transfer
hose simultaneously, in the event an upset condition occurs that closes
the remotely operated cargo vapor shutoff valve in the facility's vapor
control system. Multi-breasted loading is prohibited unless the shore
facility can comply with this requirement.



Sec. 39.5005  Additional requirements for multi-breasted loading using
a ``dummy'' vapor header--B/CLBR.

    (a) Each inboard barge ``dummy'' header used during outboard barge
loading must--
    (1) Be aligned with the vapor header of the outboard barge;
    (2) Have a diameter at least as large as the diameter of the largest
pipe in the vapor collection system of the outboard barge;
    (3) Be marked in accordance with 46 CFR 39.2001(h); and
    (4) Meet the same design and installation requirements for the vapor
collection piping onboard the same barge.
    (b) Flanges must meet the same design and installation requirements
for flanges in the vapor collection system onboard the same barge.
    (c) A stud must be permanently attached, as required in 46 CFR
39.2001(j), to the vapor connection flange on the ``dummy'' header.



  Subpart 39.6000_Tank Barge Cleaning Operations with Vapor Collection



Sec. 39.6001  Design and equipment of vapor collection and stripping
systems--B/ALL.

    (a) Each barge engaged in cleaning operations at an approved
cleaning facility must have a conductive fixed stripping line installed
in each cargo tank. The line must extend to the low point of each cargo
tank, extend through and be welded to the top of the cargo tank, and
terminate above deck with a full port valve plugged at the open end.
    (b) An existing fixed stripping system may be used instead of the
stripping line required in paragraph (a) of this section.
    (c) Each stripping line must be labeled at an on-deck location with
the words ``Stripping Line-Tank'' followed

[[Page 553]]

by the tank's number, name, or location.
    (d) Vapors may be collected from the barge's cargo tanks through a
common fixed vapor header, through the fixed liquid cargo header, or
through flanged flexible hoses located at the top of each cargo tank.
    (e) The vapor collection system must not interfere with the proper
operation of the cargo tank venting system.
    (f) A barge being gas-freed by a fluid displacement system must
fulfill the following requirements:
    (1) If the fluid medium is a compressible fluid, such as inert gas,
it must be injected into the barge's cargo tanks through a common fixed
vapor header, through the fixed liquid cargo header, or through a
flexible hoses flanged to a connection located at the top of each cargo
tank;
    (2) If the fluid medium is a non-compressible fluid, such as water,
it must be injected into the barge's cargo tanks through the fixed
liquid cargo header only; and
    (3) If the fluid medium is a non-compressible fluid, such as water,
the barge must be equipped with a liquid overfill protection arrangement
and fulfill the requirements for tank barge liquid overfill protection
contained in 46 CFR 39.2009.
    (g) The barge vapor connection must be electrically insulated from
the facility vapor connection and the fluid injection connection must be
electrically insulated from the fluid injection source, if fitted, in
accordance with OCIMF ISGOTT section 17.5 (incorporated by reference,
see 46 CFR 39.1005).
    (h) Vapor collection piping must be electrically bonded to the barge
hull and must be electrically continuous.
    (i) All equipment used on the barge during cleaning operations must
be electrically bonded to the barge and tested to ensure electrical
continuity prior to each use.
    (j) Hoses used for the transfer of vapors during cleaning operations
must meet the requirements of 46 CFR 39.2001(i) and have markings as
required in 46 CFR 39.2001(h).
    (k) Hoses used for the transfer of liquids during cleaning
operations must--
    (1) Have a designed burst pressure of at least 600 pounds per square
inch gauge (psig);
    (2) Have a maximum allowable working pressure of at least 150 psig;
    (3) Be capable of withstanding at least the maximum vacuum rating of
the cleaning facility's vapor-moving device without collapsing or
constricting;
    (4) Be electrically continuous with a maximum resistance of 10,000
ohms;
    (5) Have flanges with a bolthole arrangement complying with the
requirements for 150 pound class ANSI B16.5 flanges (incorporated by
reference, see 46 CFR 39.1005); and
    (6) Be abrasion and kinking resistant and compatible with the
liquids being transferred.
    (l) If a hose is used to transfer either vapor or liquid from the
barge during cleaning operations, hose saddles that provide adequate
support to prevent the collapse or kinking of hoses must accompany hose
handling equipment.



Sec. 39.6003  Overpressure and underpressure protection during stripping
or gas-freeing operations--B/ALL.

    (a) The volumetric flow rates during stripping or gas-freeing
operations must be limited within a range such that the cargo tank
venting system required by 46 CFR 32.55 will keep the cargo tank within
its maximum design working pressure or the maximum design vacuum.
    (b) Each barge must be fitted with a means for connecting the
pressure-sensing and pressure-indicating devices required by 33 CFR
154.2203(g) and (o) on each cargo tank top, or on the common vapor
header provided that pressures measured by the devices are adjusted to
compensate for the pressure drop across the vapor piping from the cargo
tank to the devices. The valve for the connection point must be labeled
``Pressure Sensor/indicator Connection.''
    (c) For stripping operations with closed cargo tanks, the maximum
stripping rate must not exceed the volumetric flow capacity of the
vacuum relief valve protecting the cargo tank.

[[Page 554]]



Sec. 39.6005  Inspection prior to conducting gas-freeing operations--B/ALL.

    (a) The following inspections must be conducted by the barge person
in charge prior to commencing gas-freeing operations, and show that--
    (1) Each part of the barge's vapor collection system is aligned to
allow vapor to flow to a cleaning facility's vapor control system (VCS);
    (2) If a fluid displacement system is used to conduct gas-freeing
operations--
    (i) The fluid supply line is connected to the fluid injection
connection; and
    (ii) The maximum fluid injection rate is determined in accordance
with 46 CFR 39.6007(c)(2);
    (3) The maximum stripping or gas-freeing rate is determined in
accordance with 46 CFR 39.6003(c) or 39.6007(c), respectively, and
adequate openings required by 46 CFR 39.6007(c)(1) are available and
identified;
    (4) The pressure-sensing and pressure-indicating devices required by
33 CFR 154.2203 are connected as required by 46 CFR 39.6003(b);
    (5) The maximum and minimum operating pressures of the barge being
cleaned are determined;
    (6) Unrepaired loose covers, kinks, bulges, gouges, cuts, slashes,
soft spots, or any other defects which would permit the discharge of
vapors through the vapor recovery hose material must be detected during
inspection and repaired prior to operation;
    (7) The facility vapor connection is electrically insulated from the
barge vapor connection and the fluid injection connection is
electrically insulated from the fluid injection source, if fitted, in
accordance with OCIMF ISGOTT section 17.5 (incorporated by reference,
see 46 CFR 39.1005); and
    (8) All equipment is bonded in accordance with 46 CFR 39.6001(h).



Sec. 39.6007  Operational requirements for tank barge cleaning--B/ALL.

    (a) During cleaning operations, vapors from a tank barge cannot be
transferred to a cleaning facility which does not have a marine vapor
control system (VCS) certified by a certifying entity, and its facility
operations manual endorsed by the Captain of the Port (COTP) as meeting
the requirements of 33 CFR part 154, subpart P.
    (b) Prior to commencing stripping operations, the maximum allowable
stripping rate must be determined. The maximum allowable stripping rate
must not exceed the volumetric flow capacity of the vacuum relief valve
protecting the cargo tank.
    (c) The maximum gas-freeing rate is determined by the following:
    (1) For a vacuum displacement system--
    (i) The maximum allowable gas-freeing rate is a function of the area
open to the atmosphere for the cargo tank being gas-freed. The area open
to the atmosphere must be large enough to maintain the pressure in the
cargo tank being gas-freed at or above 14.5 pounds per square inch
absolute (psia) (-0.2 pounds per square inch gauge (psig));
    (ii) The maximum allowable gas-freeing rate must be calculated from
Table 1 of this section, using the area open to the atmosphere for the
cargo tank being gas-freed as the entering determination;
    (2) For a fluid displacement system, the maximum allowable gas-
freeing rate is determined by the lesser of the following:
    (i) Eighty percent of the total venting capacity of the pressure
relief valve in the cargo tank venting system when relieving at its set
pressure;
    (ii) Eighty percent of the total vacuum relieving capacity of the
vacuum relief valve in the cargo tank venting system when relieving at
its set pressure; or
    (iii) The rate based on pressure drop calculations at which, for a
given pressure at the facility vapor connection, the pressure in the
cargo tank being gas-freed exceeds 80 percent of the setting of any
pressure relief valve in the cargo tank venting system.
    (d) Any hatch and/or fitting used to calculate the minimum area
required to be open to the atmosphere must be opened and secured in such
a manner as to prevent accidental closure during gas freeing. All flame
screens for the hatch and/or fitting opened must be removed in order to
allow for maximum airflow. The hatch and/or fitting must be secured open
before the pressure in

[[Page 555]]

the cargo tank falls below 10 percent of the highest setting of any of
the barge's vacuum relief valves.
    (e) ``Do Not Close Hatch/Fitting'' signs must be conspicuously
posted near the hatch and/or fitting opened during gas-freeing
operations.
    (f) To minimize the dangers of static electricity, all equipment
used on the barge during gas-freeing and cleaning operations must be
electrically bonded to the barge and tested to ensure electrical
continuity before each use.
    (g) If the barge is equipped with an inert gas system, the inert gas
main isolation valve must remain closed during cleaning operations.
    (h) Vapors from incompatible cargoes that are collected
simultaneously must be kept separated throughout the barge's entire
vapor collection system. Chemical compatibility must be determined in
accordance with the procedures contained in 46 CFR part 150, part A.

                              Table 1--Minimum Open Area for Barge Cleaning Hatches
----------------------------------------------------------------------------------------------------------------
                                           Air flow (CFS)
   Air flow (CFM) (cubic feet/minute)       (cubic feet/        Open area     Diameter opening   Square opening
                                               second)       (square inches)      (inches)          (inches)
----------------------------------------------------------------------------------------------------------------
500.....................................               8.3              10.7               3.7               3.3
600.....................................              10.0              12.8               4.0               3.6
700.....................................              11.7              15.0               4.4               3.9
800.....................................              13.3              17.1               4.7               4.1
900.....................................              15.0              19.3               5.0               4.4
1000....................................              16.7              21.4               5.2               4.6
1100....................................              18.3              23.6               5.5               4.9
1200....................................              20.0              25.7               5.7               5.1
1300....................................              21.7              27.8               6.0               5.3
1400....................................              23.3              30.0               6.2               5.5
1500....................................              25.0              32.1               6.4               5.7
1600....................................              26.7              34.3               6.6               5.9
1700....................................              28.3              36.4               6.8               6.0
1800....................................              30.0              38.5               7.0               6.2
1900....................................              31.7              40.7               7.2               6.4
2000....................................              33.3              42.8               7.4               6.5
2100....................................              35.0              45.0               7.6               6.7
2200....................................              36.7              47.1               7.7               6.9
2300....................................              38.3              49.3               7.9               7.0
2400....................................              40.0              51.4               8.1               7.2
2500....................................              41.7              53.5               8.3               7.3
2600....................................              43.3              55.7               8.4               7.5
2700....................................              45.0              57.8               8.6               7.6
2800....................................              46.7              60.0               8.7               7.7
2900....................................              48.3              62.1               8.9               7.9
3000....................................              50.0              64.2               9.0               8.0
3100....................................              51.7              66.4               9.2               8.1
3200....................................              53.3              68.5               9.3               8.3
3300....................................              55.0              70.7               9.5               8.4
3400....................................              56.7              72.8               9.6               8.5
3500....................................              58.3              75.0               9.8               8.7
3600....................................              60.0              77.1               9.9               8.8
3700....................................              61.7              79.2              10.0               8.9
3800....................................              63.3              81.4              10.2               9.0
3900....................................              65.0              83.5              10.3               9.1
4000....................................              66.7              85.7              10.4               9.3
----------------------------------------------------------------------------------------------------------------



Sec. 39.6009  Barge person in charge: Designation and
qualifications--B/ALL.

    The designation and qualification requirements contained in 33 CFR
155.700 and 33 CFR 155.710(a)(2) apply to the barge person in charge.

                           PART 40 [RESERVED]


                              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.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 559]]



                    Table of CFR Titles and Chapters




                     (Revised as of October 1, 2014)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        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 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Housing and Urban Development (Parts 2400--2499)
       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)

[[Page 560]]

       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)
        II  Recovery Accountability and Transparency Board (Parts 
                200--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
         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)

[[Page 561]]

    XXXIII  Overseas Private Investment Corporation (Parts 4300--
                4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        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)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         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)
     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)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      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)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)

[[Page 562]]

    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
     XCVII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--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)
        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)

[[Page 563]]

       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)
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      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  National Institute of Food and 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)
   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)

[[Page 564]]

        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 1300--
                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)
        II  Election Assistance Commission (Parts 9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
         X  Bureau of Consumer Financial Protection (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research (Parts 1600--1699)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

[[Page 565]]

               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 (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (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--1199)
         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)
      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)

[[Page 566]]

                    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  U.S. 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  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599)

                     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  Office of Workers' Compensation Programs, 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 Service, Department of 
                Labor (Parts 1000--1099)

[[Page 567]]

                       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  Millennium 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)

                          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)

[[Page 568]]

        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)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799) [Reserved]
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099) [Reserved]
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)

[[Page 569]]

         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--End)

           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)
        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)

[[Page 570]]

         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  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 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)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

[[Page 571]]

                      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)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799)[Reserved]
            Subtitle C--Regulations Relating to Education

[[Page 572]]

        XI  National Institute for Literacy (Parts 1100--1199)
       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)
        VI  [Reserved]
       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  U.S. Copyright Office, Library of Congress (Parts 
                200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)

[[Page 573]]

        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)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            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)
   62--100  [Reserved]
            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)
  103--104  [Reserved]
       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)
  129--200  [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System [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 574]]

                        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--599)
         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 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             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 575]]

       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)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)

           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  Health and Human Services (Parts 300--399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)

[[Page 576]]

        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  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)
        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) 
                [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (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)

[[Page 577]]

        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       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 (Parts 1400--1499) 
                [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)

[[Page 579]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of October 1, 2014)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     22, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  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
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, 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
  National Institute of Food and Agriculture      7, XXXIV
  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, L
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV, L
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII, L
  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

[[Page 580]]

Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
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
Bureau of Ocean Energy Management, Regulation,    30, II
     and Enforcement
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazardous Investigation       40, VI
     Board
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                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX
     for the District of Columbia
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  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
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       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 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 Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, 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    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I

[[Page 581]]

Defense Contract Audit Agency                     32, I
Defense Department                                2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  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, 2
  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          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 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
Election Assistance Commission                    2, LVIII; 11, II
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                             2, IX; 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                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99

[[Page 582]]

  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-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                       5, XXXVII; 11, I
Federal Emergency Management Agency               44, I
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 Agency                    5, LXXX; 12, XII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
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
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
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

[[Page 583]]

Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  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
Gulf Coast Ecosystem Restoration Council          40, VIII
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A,
  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
  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
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 6, I; 8, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 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 Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII

[[Page 584]]

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
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII, XV
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department                               2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Bureau of Ocean Energy Management, Regulation,  30, II
       and Enforcement
  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
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  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 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
Investment Security, Office of                    31, VIII
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, XXVIII; 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
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V

[[Page 585]]

  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
  Occupational Safety and Health Administration   29, XVII
  Office of Workers' Compensation Programs        20, VII
  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 Royalty Board                         37, III
  U.S. Copyright Office                           37, II
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
Military Compensation and Retirement              5, XCIX
     Modernization Commission
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
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
Museum and Library Services, Institute of         2, XXXI
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   2, XXII; 45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
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              5, LXXXVI; 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; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Food and Agriculture        7, XXXIV
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
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI

[[Page 586]]

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, IV
     Administration
National Transportation Safety Board              49, VIII
Natural Resources Conservation Service            7, VI
Natural Resource Revenue, Office of               30, XII
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                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Offices of Independent Counsel                    28, VI
Office of Workers' Compensation Programs          20, VII
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                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
  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
Recovery Accountability and Transparency Board    4, II
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L

[[Page 587]]

Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII, L
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                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  2, VI; 22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
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
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                     2, XII; 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; 47, IV; 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                   19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Financial Crimes Enforcement Network            31, X
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, 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
[[Page 588]]

United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
U.S. Copyright Office                             37, II
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 589]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2009 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, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.fdsys.gov. For changes to this volume of the CFR 
prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 1964-
1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. The 
``List of CFR Sections Affected 1986-2000'' is available at 
www.fdsys.gov.

                                  2009

46 CFR
                                                                   74 FR
                                                                    Page
Chapter I
1.01-05 (d) and (e) added..........................................11213
1.01-10 (b)(1)(ii)(C) amended......................................11214
    (b)(1) and (2) revised.........................................49221
1.01-15 (a)(1) amended; (b) revised................................11214
    (c)(2) revised.................................................30937
1.01-25 (b)(1), (c) introductory text and (1) introductory text 
        amended....................................................11214
    (c)(1) introductory text and (i) revised.......................30937
1.03-15 (h)(3) amended.............................................49223
2.01-7 (a) table revised...........................................63619
2.01-25 (a)(1)(ix) and (2)(ix) added; (a)(3) and (b)(1) amended....20419
2.01-30 Revised....................................................49223
2.01-45 (b) amended................................................49223
2.10-10 Amended....................................................49223
2.10-20 (e) amended................................................49223
2.10-25 Amended....................................................63628
2.10-105 (b) amended...............................................49223
2.10-115 (b) amended...............................................49223
2.75-1 (d) amended.................................................49223
2.75-10 (b) amended................................................49223
2.75-15 (a) amended................................................49223
2.75-25 (c)(1) amended.............................................49223
2.75-50 (c) amended................................................49223
4.03-75 Added......................................................11214
4.07-1 (c)(3) amended..............................................11214
4.07-10 (a)(3) amended.............................................11214
5.3 Amended........................................................11214
5.5 Amended........................................................11214
5.19 (b) amended...................................................11214
5.40 Added.........................................................11214
5.55 (a) introductory text amended.................................11214
5.57 Heading and (b) revised; (a) introductory text and (c) 
        amended....................................................11214
5.59 Heading and introductory text amended.........................11215
5.61 Heading, (a) introductory text and (b) amended................11215
5.101 (a) introductory text, (1) and (2) amended...................11215
5.105 (b), (c) and (e) amended.....................................11215
5.201--5.205 (Subpart E) Heading amended...........................11215
5.201 (a), (b) introductory text, (4), (c) introductory text and 
        (d) amended................................................11215
5.203 (b) introductory text, (2) and (c) amended...................11215
5.205 Heading, (a), (b) introductory text, (c) introductory text 
        and (d) amended............................................11215
5.501 Amended......................................................11215
5.521 Heading revised; (a) and (b) amended.........................11215
5.567 (b), (c) introductory text, (d) and (e) amended..............11215
5.707 Heading, (a) and (c) through (f) amended.....................11215
5.713 (a) amended..................................................11215
    (b) amended....................................................49224

[[Page 590]]

5.715 Heading, (a) and (c) amended.................................11215
5.901--5.905 (Subpart L) Heading amended...........................11215
5.901 (a), (c), (d) introductory text and (e) amended..............11215
5.903 (c) introductory text and (2) amended........................11215
    (b) amended....................................................49224
5.905 (b) amended..................................................11215
6.06 (b) and (d) amended...........................................49224
7.55 (b), (f) and (g) amended......................................49224
8.110 (a) amended..................................................49224
8.130 (a)(5), (6), (7), (11), (13), (19), (20) and (21) amended....49224
8.240 (a) amended..................................................49224
8.320 (b)(8) and (9) amended; (b)(10) and (11) added...............20419
    (b)(10) and (11) amended; (b)(12) added........................21558
    Regulation at 74 FR 21558 confirmed............................32088
8.420 (c) revised..................................................20419
8.430 Amended......................................................49224
8.440 (d)(3) amended...............................................49224
10 Authority citation revised......................................11216
10 Redesignated as Part 11; new Part 10 added......................11216
10.103 (a) amended.................................................49224
10.109 (d)(15), (16) and (17) correctly added......................39218
10.211 (c) correctly amended.......................................39218
10.213 (c) table correctly amended.................................39218
10.227 (g)(1) correctly amended....................................39218
10.235 (b), (d) and (h) correctly amended..........................39218
11 Redesignated from Part 10.......................................11216
    Heading revised................................................11235
11.101 (a) introductory text and (1) revised; (a)(2), (b) and 
        (c)(1) amended.............................................11235
11.102 Revised.....................................................11235
    (b)(1) and (2) correctly amended...............................39218
    (a) amended....................................................49224
11.103 Removed.....................................................11235
11.104 Correctly removed...........................................39219
11.105 Removed.....................................................11235
11.107 (b)(1), (2) and (3) revised.................................11235
11.109 Removed.....................................................11235
11.110 Removed.....................................................11235
11.111 Removed.....................................................11235
11.112 Removed.....................................................11235
11.113 Removed.....................................................11235
11.201--11.223 (Subpart B) Heading revised.........................11235
11.201 Revised.....................................................11235
11.202 Revised.....................................................11236
11.203 Removed.....................................................11237
11.204 Removed.....................................................11237
11.205 Revised.....................................................11237
11.207 Removed.....................................................11238
11.209 Removed.....................................................11238
11.210 Removed.....................................................11238
11.211 Heading and (c) revised; (a), (b) introductory text and (d) 
        amended....................................................11238
11.213 (a), (b), (d) and (e) amended...............................11238
11.215 Removed.....................................................11239
11.217 Heading, (a)(1), (2) and (b) amended........................11239
11.219 Removed.....................................................11239
11.221 Removed.....................................................11239
11.223 Removed.....................................................11239
11.302 (e) amended.................................................11239
11.304 (a), (c) through (f), (g)(2), (3), (6), (7), (h) 
        introductory text, (5), (7), (8) and (j) revised...........11239
11.309 (a) introductory text, (3)(iii), (4), (b), (c)(2) and (3) 
        amended....................................................11240
11.401--11.497 (Subpart D) Heading revised.........................11240
11.401 Revised.....................................................11240
11.402 Heading and (b) revised; (a), (c)(1), (2), (3) and (d) 
        amended....................................................11240
11.403 Revised.....................................................11240
11.404 Introductory text and (b) introductory text amended.........11241
11.405 Amended.....................................................11241
11.406 Introductory text, (a), (b) introductory text, (2) and (c) 
        amended....................................................11241
11.407 (a) introductory text, (1), (b) and (c) amended.............11241
11.410 Heading, (a) introductory text, (b) and (c) amended.........11241
11.412 Introductory text, (a) and (b) amended......................11241
11.414 Introductory text and (a) amended...........................11241
11.416 Amended.....................................................11242
11.418 Introductory text, (a) and (b) amended......................11242
11.420 Amended.....................................................11242
11.421 Amended.....................................................11242
11.422 Heading, (a), (b) introductory text, (1) through (4), (c) 
        and (e) amended............................................11242

[[Page 591]]

11.424 (a) introductory text, (1), (2), (b) and (c) amended........11242
11.426 (a) introductory text, (1), (2) and (b) amended.............11242
11.427 (a) introductory text, (2) and (b) through (e) amended......11242
11.428 (a) and (b) amended.........................................11242
11.429 (a) introductory text, (1), (b) and (c) amended.............11242
11.430 Amended.....................................................11242
11.431 Heading, (a) and (b) amended................................11242
11.433 Introductory text and (c) amended...........................11243
11.435 Introductory text and (b) amended...........................11243
11.437 (a) introductory text and (3) amended.......................11243
11.442 Introductory text, (a) and (b) amended......................11243
11.444 Introductory text, (a) and (b) amended......................11243
11.446 Introductory text, (a) and (b) amended......................11243
11.448 Amended.....................................................11243
11.450 Heading, (a), (c) and (d) amended...........................11243
11.452 (a) and (b) amended.........................................11243
11.454 (a) through (d) amended.....................................11243
11.455 (a) and (b) amended.........................................11243
11.456 Introductory text, (a) and (d) amended......................11243
11.457 (a) and (b) amended.........................................11243
11.459 (a) and (b) amended.........................................11244
11.462 Heading, (a) introductory text, (b), (c) introductory text, 
        (1), (2), (3), (4) introductory text, (v), (vi), (d) 
        introductory text, (1), (2), (3), (4) introductory text, 
        (iv), (v) and (vi) amended.................................11244
11.463 Heading, (a) introductory text, (b) and (c) amended.........11244
11.464 Heading, (a) through (e), (f) introductory text, (2)(i) and 
        (f)(3) revised.............................................11244
11.465 Heading, (a), (b), (c), (d) introductory text, (2), (e) 
        introductory text, (1) and (f) revised; undesignated text 
        following (d)(2) designated as (d)(3)......................11245
11.466 Heading, (a) and (b) amended; table 10.466-1 redesignated 
        as table 10.466(a) and revised.............................11246
11.467 Revised.....................................................11247
11.468 Amended.....................................................11247
11.470 Heading, (a) introductory text, (b) introductory text, 
        (2)(i), (iv), (c), (d) introductory text, (2)(i), (iv), 
        (e), (f) introductory text, (2)(i), (iii), (g) 
        introductory text, (h) introductory text, (2)(iii), (i), 
        (j) introductory text, (2)(i), (iii) and (k) introductory 
        text revised...............................................11247
11.472 Heading revised; (a) introductory text, (2)(i), (iii) and 
        (b) amended................................................11248
11.474 Heading revised; (a) introductory text, (1)(i), (ii), 
        (2)(i), (iii) and (b) amended..............................11248
11.476 Removed.....................................................11248
11.480 (b) introductory text, (c), (f), (h) and (i) amended........11248
11.482 (a) revised; (c) and (d) amended............................11248
11.491 Amended.....................................................11248
11.493 (a) amended.................................................11248
11.495 (a) amended.................................................11248
11.497 (a) amended.................................................11248
11.501--11.555 (Subpart E) Heading revised.........................11248
11.501 Heading, (a) introductory text, (b) introductory text, (c) 
        introductory text, (d) and (e) amended.....................11248
11.502 Heading, (a), (b) introductory text, (1), (2) and (c) 
        amended....................................................11249
11.503 Revised.....................................................11249
11.504 Amended.....................................................11249
11.505 Amended; Figure 10.505 redesignated as Figure 11.505 and 
        revised....................................................11249
11.510 Introductory text and (b) amended...........................11251
11.512 Amended.....................................................11251
11.514 Introductory text, (a) and (b) introductory text amended....11251
11.516 (a) introductory text amended...............................11251
11.518 Revised.....................................................11251
11.520 Revised.....................................................11251
11.522 Revised.....................................................11251
11.524 (a) and (b) introductory text amended.......................11251
11.530 Revised.....................................................11251
11.540 Revised.....................................................11251
11.542 Heading, introductory text, (b) and (c) amended.............11251

[[Page 592]]

11.544 Heading, introductory text, (a)(3), (b) and (c) amended.....11251
11.551 Revised.....................................................11251
11.553 (a) amended.................................................11251
11.555 (a) amended.................................................11251
11.601--11.603 (Subpart F) Heading revised.........................11252
11.601 (a), (b) and (c) revised....................................11252
    Correctly revised..............................................39219
11.603 Revised.....................................................11252
11.701--11.713 (Subpart G) Heading revised.........................11252
11.701 Revised.....................................................11252
11.703 (a) introductory text and (c) revised; (d) amended..........11252
11.705 (b) and (c) revised.........................................11252
11.707 Revised.....................................................11252
11.709 (b) through (e) revised.....................................11252
11.711 (a), (b) and (d) amended....................................11253
11.713 (a) and (b) amended.........................................11253
11.803 Removed.....................................................11253
11.805 Revised.....................................................11253
11.807 (a)(7) and (8) added; (c) and (d) revised...................11253
11.809 Removed.....................................................11253
11.901--11.950 (Subpart I) Heading revised.........................11253
11.901 (a) and (c) introductory text amended; (b) revised..........11253
11.903 Table 10.903-1 redesignated as Table 11.903-1; (a) 
        introductory text, (b) introductory text, (2), (3), (c) 
        introductory text and (d) revised..........................11253
11.910 Heading and introductory text revised; Tables 10.910-1 and 
        10.910-2 redesignated as Tables 11.910-1 and 11.910-2 and 
        amended....................................................11254
11.920 Tables 10.920-1 and 10.920-2 redesignated as Tables 11.920-
        1 and 11.920-2; heading, introductory text and new Table 
        11.920-1 revised; new Table 11.920-2 amended...............11254
11.950 Heading and table heading revised...........................11254
11.1005 Revised....................................................11254
11.1105 Heading, introductory text and (a) revised.................11254
12 Authority citation and heading revised..........................11254
12.01-1 (a)(2) amended; (a)(3) and (c) removed.....................11254
12.01-3 Revised....................................................11254
    (a) amended....................................................49225
12.01-6 Removed....................................................11254
12.01-7 Removed....................................................11254
12.01-11 Removed...................................................11254
12.02-3 Removed....................................................11254
12.02-4 Removed....................................................11254
12.02-5 Removed....................................................11254
12.02-7 (a) through (e) and (f) introductory text revised..........11254
12.02-9 Removed....................................................11255
12.02-10 Removed...................................................11255
12.02-11 Revised...................................................11255
12.02-12 Removed...................................................11255
12.02-13 Removed...................................................11255
12.02-14 Removed...................................................11255
12.02-15 Removed...................................................11255
12.02-17 Revised...................................................11255
12.02-18 Removed...................................................11256
12.02-19 Removed...................................................11256
12.02-20 Removed...................................................11256
12.02-21 Removed...................................................11256
12.02-22 Removed...................................................11256
12.02-23 Removed...................................................11256
12.02-24 Removed...................................................11256
12.02-25 Removed...................................................11256
12.02-26 Removed...................................................11256
12.02-27 Removed...................................................11256
12.03-1 (a) introductory text, (3)(iii), (4), (b), (c) 
        introductory text and (2) revised..........................11256
12.05-1 (a) and (b) amended........................................11256
12.05-3 (a) introductory text, (2) and (b) introductory text 
        amended; (c) revised.......................................11256
12.05-5 Removed....................................................11256
12.05-7 (a) introductory text and (b) introductory text amended; 
        (c), (d) and (e) removed...................................11256
12.05-9 (a) introductory text amended; (e) revised.................11256
12.05-11 (a) and (b) revised.......................................11256
12.10-1 Revised....................................................11256
12.10-3 (a) introductory text, (2), (5), (6), (b) and (c) amended 
                                                                   11256
12.10-5 (a) introductory text and (d) amended......................11257
12.10-7 Revised....................................................11257
12.10-9 Heading, (a), (b) introductory text and (2) revised........11257
12.13-3 Amended....................................................11257
12.15-1 Revised....................................................11257
12.15-3 (a), (b), (c), (d) introductory text and (e) revised.......11257
12.15-5 Revised....................................................11257
12.15-7 (a), (b)(1) and (c) amended................................11257

[[Page 593]]

12.15-9 (a), (c) and (d) amended...................................11257
12.15-11 Heading and introductory text revised.....................11257
12.15-13 (a) introductory text, (b) and (c) amended................11258
12.15-15 (a) introductory text, (b) and (c) revised................11258
12.25-1 Amended....................................................11258
12.25-10 Revised...................................................11258
12.25-20 Revised...................................................11258
12.25-25 Revised...................................................11258
12.25-30 Amended...................................................11258
12.25-35 (a) and (b) amended.......................................11258
12.25-40 Amended...................................................11258
12.25-45 Amended...................................................11258
12.30-1 Amended....................................................11258
12.30-3 Removed....................................................11258
12.30-5 Amended....................................................11258
12.35-1 Amended....................................................11258
12.35-3 Removed....................................................11258
12.35-5 Introductory text and (b) amended..........................11258
12.40-1--12.40-15 (Subpart 12.40) Heading revised..................11258
    Regulation at 72 FR 20284 confirmed; revised...................47734
12.40-1 Amended....................................................11258
12.40-5 (a) and (b) amended........................................11258
12.40-7 Amended....................................................11259
12.40-9 Amended....................................................11259
12.40-11 (a) and (c) amended.......................................11259
12.40-13 (a), (b), (c) and (2) amended.............................11259
12.40-15 (a) amended...............................................11259
13.101 Amended.....................................................11259
13.103 Removed.....................................................11259
13.106 Added.......................................................11259
13.107 (a) through (f) amended.....................................11259
13.109 (c) amended.................................................11259
13.111 Heading, (a), (d)(3) and (f) amended........................11259
13.119 Amended.....................................................11259
13.120 Heading amended.............................................11259
13.121 Heading and (a) amended.....................................11259
13.125 Amended.....................................................11259
13.129 Heading and Table 13.129 amended............................11259
13.201 (c) amended.................................................11259
13.203 (a)(1), (2) and (c) introductory text amended...............11259
13.207 Amended.....................................................11260
13.301 (c) amended.................................................11260
13.303 (c) introductory text amended...............................11260
13.307 (a) amended.................................................11260
13.401 (c) amended.................................................11260
13.403 (b) introductory text amended...............................11260
13.407 Amended.....................................................11260
13.501 (c) amended.................................................11260
13.503 (a)(1), (2) and (b) amended.................................11260
13.505 (a)(2) amended..............................................11260
13.507 Amended.....................................................11260
14 Authority citation revised......................................11260
14.205 Amended.....................................................11260
14.207 (a)(1) amended..............................................11260
14.307 (a) amended.................................................11260
15 Authority citation revised......................................11260
    Regulation at 72 FR 20286 confirmed............................47734
15.103 (b), (c) and (g) amended....................................11260
15.105 Revised.....................................................49225
15.301 (Subpart B) Removed.........................................11260
15.401 Revised.....................................................11260
15.405 Amended.....................................................11260
15.410 Amended.....................................................11260
15.415 Removed.....................................................11260
15.515 (b) introductory text amended...............................11260
15.520 (b) through (i) and (l) revised.............................11260
15.530 (a) removed; (b) through (g) redesignated as new (a) 
        through (f); new (a) through (e) amended...................11261
    Regulation at 72 FR 20286 confirmed............................47734
    Revised........................................................47736
15.605 Heading, introductory text, (a) and (b) amended.............11261
15.610 (b) removed; (c) redesignated as new (b); (a) and new (b) 
        amended....................................................11261
15.701 (b) and (c) amended.........................................11261
15.705 (b), (c) introductory text, (d), (e)(1) introductory text 
        and (2) amended............................................11261
15.710 Introductory text amended...................................11261
15.720 (a), (b) introductory text and (d) revised..................11261
15.725 Amended.....................................................11262
15.730 (d) amended.................................................11262
15.805 (a) introductory text, (5) introductory text and (ii) 
        amended....................................................11262
15.810 (a), (b) introductory text, (1) through (5), (c), (d) 
        introductory text, (2) introductory text and (ii) amended 
                                                                   11262

[[Page 594]]

15.812 Tables 15.812(e)(1) and (2) amended; (b), (c), (f)(1) 
        introductory text, (i) and (2) introductory text revised 
                                                                   11262
15.815 (a) and (c) amended.........................................11262
15.820 (a) introductory text, (3) and (b) amended..................11262
15.825 (a) and (b) amended.........................................11263
15.835 Amended.....................................................11263
15.840 (a) amended.................................................11263
15.860 (a), (f) introductory text, (3), (4) and Table 15.860(a)(2) 
        amended....................................................11263
15.901 (a) through (d) amended.....................................11263
15.905 (a), (b) and (c) amended....................................11263
15.910 Revised.....................................................11263
15.915 Heading revised; introductory text, (a) introductory text, 
        (b), (c) and (d) amended...................................11263
15.1001 Amended....................................................11263
15.1103 Heading, (d), (e) introductory text, (f) and (h) revised; 
        (c) amended................................................11263
15.1105 (a) introductory text, (b) and (c) introductory text 
        amended....................................................11263
15.1107 Introductory text and (c) amended..........................11263
15.1111 (a) amended................................................11263
16.105 Amended.....................................................11263
16.107 (a) and (b) amended.........................................49225
16.113 (a) amended.................................................11264
16.201 (c) and (d) amended.........................................11264
16.205 (b) amended.................................................49225
16.220 (a) and (b) revised.........................................11264
16.230 (b)(1) and (k) amended......................................11264
16.250 (a) amended.................................................11264
16.500 (b)(1) amended..............................................49225
24.05-1 (a) table revised..........................................63628
25.01-3 (a) amended................................................49225
25.30-15 (a) amended...............................................49225
25.45-1 (a) amended................................................49225
25.45-2 (a) amended................................................49225
26.03-8 (a) amended................................................49225
26.20-1 (Subpart 26.20) Heading revised............................11264
26.20-1 Amended....................................................11264
27.102 (a) amended.................................................49226
27.211 (c) amended.................................................49226
28.40 (a) amended..................................................49226
28.50 Amended......................................................49226
28.275 (a)(2) introductory text and (3) introductory text amended 
                                                                   11264
30.01-3 Revised....................................................49226
30.01-5 (d) table revised..........................................63637
30.10-71 Introductory text amended.................................11264
30.30-5 (a) amended................................................49226
31.01-3 (b) amended................................................49226
31.10-1 (b) amended................................................49226
31.10-5 (a) amended................................................49226
31.10-21 (e)(1), (3) and (g) amended...............................49226
31.15-1 Heading revised............................................11264
32.01-1 (a) amended................................................49227
32.15-15 (e) amended...............................................49227
32.53-3 (b) amended................................................49227
34.01-15 Revised...................................................49227
35.01-3 (a) amended................................................49227
35.05-1 Amended....................................................11265
39.10-1 (b) amended................................................49227
39.10-3 Amended....................................................49227
39.10-5 (a) amended................................................49227
39.10-9 Amended....................................................49227
39.20-1 (a)(1) amended.............................................49227
39.20-9 (d) amended................................................49227
39.40-1 (b), (c) and (e) amended...................................49227

                                  2010

46 CFR
                                                                   75 FR
                                                                    Page
Chapter I
1.01-10 (b)(1) introductory text revised; (b)(1)(iii) removed; 
        (b)(1)(iv) redesignated as new (b)(1)(iii).................60000
2.01-5 (c) revised.................................................60000
2.01-6 Revised.....................................................60000
2.10-1 (a) amended.................................................60001
2.10-5 (d) amended.................................................60001
2.10-10 Amended....................................................60001
2.10-20 (b), (e) and (f) amended; (d) revised......................60001
2.10-101 (c) amended...............................................60001
2.10-105 (b) and (e) amended.......................................60001
2.10-115 (b) amended...............................................60001
2.10-125 (a) and (b) amended.......................................60001
2.10-130 (a) and (b) amended.......................................60001
2.75-1 (c) amended.................................................60001
7.65 Revised.......................................................60001
8.420 (c) correctly revised; CFR correction........................56015
9.14 Amended.......................................................60001
10.215 (a) Table revised...........................................60001
11.302 (g) amended.................................................60002
25.01-3 (a) and (b) amended........................................60002
27.102 (b) table amended...........................................60002
28.10 Amended......................................................60002
28.40 (b) table amended............................................60002
28.50 Amended......................................................60002

[[Page 595]]

28.265 (d)(4)(vii) amended.........................................60002
28.820 (a)(2) amended..............................................60002
31.10-1 (b) amended................................................60002

                                  2011

46 CFR

                                                                   76 FR
                                                                    Page
Chapter I
1.03-15 (h)(5) amended.............................................60753
2.01-7 (a) table amended...........................................77715
2.10-20 (d) revised................................................60753
4.05-1 (b) amended.................................................60754
8 Authority citation revised.......................................76899
8.320 (b)(11) and (12) amended; (b)(13) added......................76899
10 Policy statement................................................79544
11 Policy statement................................................79544
12 Policy statement................................................79544
15 Policy statement................................................79544
16.105 Corrected; CFR correction...................................14818
24.01-5 (a) table amended..........................................77715
30.01-5 (d) table amended..........................................77715

                                  2012

46 CFR

                                                                   77 FR

                                                                    Page
Chapter I

1 Policy statement...................................................232
1.01-10 (b)(1), introductory text, (i) introductory text, (A) 
        through (D), (ii) introductory text and (A) amended........59772

    (b)(1)(ii)(B), (C) and (D) amended.............................59773

1.01-15 (a)(1), (2), (c)(2) and (e) amended........................59773
1.03-15 (h)(1) through (5) and (j) amended.........................59773
1.03-40 Amended....................................................59773
1.03-45 Amended....................................................59773
1.03-50 Amended....................................................59773
2 Authority citation revised.......................................47551
2.01-7 (a) table correctly revised.................................18929
    Regulation at 76 FR 77715 withdrawn............................20727
    Regulation at 77 FR 18929 withdrawn............................22232

2.10-20 (d) introductory text, (1) introductory text and (i) 
        revised....................................................59773
2.45-1--2.45-30 (Subpart 2.45) Added...............................47551
2.75-1 (c) and (d) amended.........................................59773
2.75-5 (a) amended.................................................59773
2.75-10 (b) amended................................................59773
2.75-15 (a) amended................................................59773
2.75-25 (c)(1) amended.............................................59773
2.75-50 (c) amended................................................59773
6.06 (b) introductory text amended.................................59774
8 Authority citation revised.......................................73338

8.110 (a) amended..................................................59774
8.130 (a)(5), (6), (7), (11), (13), (19), (20) and (21) amended....59774
8.240 (a) amended..................................................59774
8.320 (b)(12) and (13) amended; (b)(14) added......................73338
8.430 Amended......................................................59774
8.440 (d)(3) amended...............................................59774
10 Policy statement...........................................232, 62434
10.103 (a) amended.................................................59774
10.107 (b) amended..........................................31517, 59774
10.217 (a) and (c)(1) amended......................................59774
11 Policy statement...........................................232, 62434
11.102 (a) amended.................................................59774
11.309 (c)(2) amended..............................................59774
12 Policy statement...........................................232, 62434
12.01-1 (a)(1) revised.............................................31520
12.01-3 (a) amended................................................59774
13 Policy statement..................................................232
14 Policy statement..................................................232
15 Policy statement...........................................232, 62434
15.105 (a) amended.................................................59774
16.107 (a) and (b) amended.........................................59775
16.205 (b) amended.................................................59775
16.500 (b)(1) amended..............................................59775
24.01-5 Regulation at 76 FR 77715 withdrawn........................20727
24.05-1 (a) table correctly revised................................18935
    Regulation at 77 FR 18935 withdrawn............................22232

24.20-1 Revised....................................................59775

25.01-1 Revised....................................................59775

25.01-3 (a) amended................................................59775

25.30-1 Revised....................................................33871

25.30-15 Revised...................................................33871

    Amended........................................................59775

25.45-1 (a) introductory text amended..............................59775

25.45-2 (a) amended................................................59775

26.03-8 (a) amended................................................59775

27.100 Heading revised; (e) added..................................33871
27.101 Amended.....................................................33872
27.102 (a) amended.................................................59775
27.211 (c) amended.................................................59775
28.30 Heading revised; (c) added...................................33872

[[Page 596]]

28.40 (a) amended..................................................59775
28.50 Amended......................................................59775
28.825 (b)(2)(iv) revised..........................................33872
30.01-3 (a) amended................................................59775
30.01-5 (d) table correctly revised................................18940
    Regulation at 76 FR 77715 withdrawn............................20727
    Regulation at 77 FR 18940 withdrawn............................22232
30.30-5 (a) amended................................................59775
30.30-7 Amended....................................................59775
31.01-1 Heading revised; (d) added.................................33872
31.01-3 (b) amended................................................59776
31.10-1 (b) amended................................................59776
31.10-16 (e) introductory text amended.............................59776
31.10-18 (c) table and (f) revised.................................33872
31.10-21 (e)(1), (3) and (g) amended...............................59776
32.01-1 (a) amended................................................59776
32.53-3 (a), (b), (d) and (e) amended..............................59776
34.01-1 Heading revised; (b) added.................................33873
34.01-15 Revised...................................................33873
    (a) amended....................................................59776

34.05-5 Heading and (a)(3) through (7) revised.....................33873
34.15-50 Added.....................................................33873
34.15-60 Added.....................................................33873
35.01-1--35.01-60 (Subpart 35.01) Heading revised..................33874
35.01-2 Added......................................................33874
35.01-3 (a) amended................................................59776
35.40-7 Revised....................................................33874
35.40-8 Added......................................................33874
35.40-10 Revised...................................................33874
39.10-1 (b) amended................................................59776
39.10-5 (a) amended................................................59776
39.10-9 Amended....................................................59776
39.20-1 (a)(1) amended.............................................59776
39.20-9 (b)(7) and (d) amended.....................................59776
39.40-1 (b), (c) and (e) amended...................................59776

                                  2013

46 CFR
                                                                   78 FR
                                                                    Page
Chapter I
1.01-10 (b)(1) and (2) removed; (c) and (d) added..................60142
    (d)(1)(ii)(D) Amended..........................................77882

1.01-15 Amended....................................................77882
1.03-15 (h)(3) amended.............................................60143
1.03-40 Amended....................................................60144
    Amended........................................................77882
1.03-45 Amended....................................................60144
1.03-50 Amended....................................................60144
2.01-7 (a) table revised...........................................53288
2.10-1 (a) revised.................................................60144
2.10-20 (e) amended................................................60144
2.10-120 (b) revised...............................................60144
2.45-5 (a) amended.................................................60144
2.45-25 (a) amended................................................60144
2.75-10 (b) amended................................................60144
2.75-25 (c)(1) amended.............................................60144
5.713 (b) amended..................................................60144
5.903 (b) amended..................................................60144
6.06 (b) amended...................................................60144
7.55 (b) amended...................................................60144
8.110 (a) amended..................................................60145
8.440 (d)(3) amended...............................................60145
10 Authority citation revised......................................77882
10.101 Heading revised; (b) and (d) amended........................77882
10.103 (a) amended.................................................60145
    (b)(1) and (2) amended.........................................77882

10.107 Revised.....................................................77882
10.109 Revised.....................................................77882
10.201 (a) and (c) amended.........................................77888
10.205 (a) revised; (b), (c) and (d) amended; (f) removed; (g) and 
        (h) redesignated as (f) and (g); new (h) added.............77888

10.207 Amended.....................................................77888
10.209 Revised.....................................................77888
10.211 (a)(1), (d), (e), (g), (h), (i), (j) and (k) amended........77889
10.213 Revised.....................................................77889
10.215 Removed.....................................................77890
10.217 Revised.....................................................77890
10.219 Revised.....................................................77890
10.221 (a)(1) and (2) amended......................................77892

10.223 (c)(3)(i), (ii) and (iii) amended; (c)(2) and (c)(3)(iv) 
        revised....................................................77892
10.225 Revised.....................................................77892
10.227 Revised.....................................................77892
10.229 Heading and (a) revised; (b), (c) and (d) amended...........77894
10.231 Revised.....................................................77894
10.232 Added.......................................................77894
10.235 (f), (g) and (h) redesignated as (g), (h) and (i); new (f) 
        added; (d), (e), new (g), new (h) and new (i) amended......77896
10.237 (a) amended.................................................77896
10.239 Revised.....................................................77896
10.301--10.306 (Subpart C) Added...................................77901

[[Page 597]]

10.401--10.412 (Subpart D) Added...................................77903
11 Revised.........................................................77909
11.102 (a) amended.................................................60145
12 Revised.........................................................77975
12.01-3 (a) amended................................................60145
13.101 Revised.....................................................77987
13.103 Added.......................................................77987
13.106 Amended.....................................................77987
13.107 (a), (b) and (c) amended; (d), (e) and (f) revised; (g) 
        removed....................................................77988
13.109 (c) removed.................................................77988
13.111 Revised.....................................................77988
13.115 Added.......................................................77988
13.117 Added.......................................................77988
13.120 Revised.....................................................77989
13.121 Revised.....................................................77989
13.123 Amended.....................................................77989
13.125 Amended.....................................................77994
13.127 (a) revised; (b) introductory text, (2), (4), (5), (6), (7) 
        and (9) amended; (c) added.................................77994
13.129 Revised.....................................................77995
13.201--13.209 (Subpart B) Heading revised.........................77995
13.201 Revised.....................................................77995
13.203 Heading revised; introductory text, (a), (b) introductory 
        text and (c) introductory text amended.....................77995
13.205 Heading revised; introductory text amended..................77995
13.207 Removed.....................................................77995
13.209 Removed.....................................................77995
13.301--13.309 (Subpart C) Heading revised.........................77995
13.301 Revised.....................................................77995
13.303 Heading revised; introductory text, (a) introductory text, 
        (b) introductory text and (c) introductory text amended....77996
13.305 Heading revised; section amended............................77996
13.307 Removed.....................................................77996
13.309 Removed.....................................................77996
13.401--13.409 (Subpart D) Heading revised.........................77996
13.401 Revised.....................................................77996
13.403 Revised.....................................................77996
13.405 Revised.....................................................77996
13.407 Removed.....................................................77996
13.409 Removed.....................................................77996
13.501--13.509 (Subpart E) Heading revised.........................77996
13.501 Revised.....................................................77996
13.503 Heading revised; (a) introductory text and (b) amended......77997
13.505 Heading revised.............................................77997
13.507 Removed.....................................................77997
13.509 Removed.....................................................77997
13.601--13.611 (Subpart F) Added...................................77997
14.201 (a) and (b) amended.........................................77999
14.205 Amended.....................................................77999
14.207 Revised.....................................................77999
14.209 Amended.....................................................77999
14.211 Amended.....................................................77999
14.213 (a), (b) and (c) amended....................................77999
14.301 Amended.....................................................77999
14.303 Amended.....................................................77999
14.305 Amended.....................................................77999
14.307 (a) revised; (b) through (e) amended........................77999
14.309 (a) introductory text, (3) and (b) amended..................78000
14.311 (a) and (b) amended.........................................78000
14.403 (a) introductory text and (2) amended.......................78000
14.405 (a), (c) and (d) amended....................................78000
14.407 (a), (b), (c) and (e) amended; (d) revised; (f) added.......78000
15.101 Amended.....................................................78000
15.103 Revised.....................................................78000
15.105 (a) amended.................................................60145
    Revised........................................................78000
15.401--15.415 (Subpart C) Redesignated as Subpart D...............78001
15.501--15.530 (Subpart D) Redesignated as Subpart E; new Subpart 
        D redesignated from Subpart C; new Subpart D revised.......78001
15.505 Amended.....................................................78003
15.515 Revised.....................................................78003
15.520 Revised.....................................................78003
15.525 Heading revised.............................................78003
15.530 Revised.....................................................78003
15.601--15.610 (Subpart E) Redesignated as Subpart F; new Subpart 
        E redesignated from Subpart D..............................78001
15.605 Revised.....................................................78004
15.610 (a) and (b)(1) revised; (b) introductory text and (2) 
        amended....................................................78004
15.701--15.730 (Subpart F) Redesignated as Subpart G; new Subpart 
        F redesignated from Subpart E..............................78001

[[Page 598]]

15.701 (a) introductory text, (3), (b), (c) and (d) amended........78004
15.705 (a), (c)(2), (d), (f) introductory text, (1) and (2) 
        amended; (b), and (e) revised..............................78004
15.710 (c) amended.................................................78005
15.720 Heading revised; (d) amended; (e) added.....................78005
15.725 Amended.....................................................78005
15.730 (a) introductory text, (1), (2), (6) and (b) amended........78005
15.801--15.860 (Subpart G) Redesignated as Subpart H; new Subpart 
        G redesignated from Subpart F..............................78001
15.805 (a)(1), (2), (3), (4), (5) introductory text, (ii) and (6) 
        amended; (b) redesignated as (c); (a)(7) and new (b) added
                                                                   78005
15.810 (b)(1), (2), (3), (4), (5), (c), (d) introductory text and 
        (2)(i) amended; (g) added..................................78005
15.812 Revised.....................................................78005
15.815 (a), (c) and (d) amended; (b) and (e) revised...............78007
15.816 Added.......................................................78007
15.817 Added.......................................................78007
15.818 Added.......................................................78007
15.820 (b) redesignated as (c); (a) introductory text, (1), (2), 
        (3) and new (c) amended; new (b) added.....................78008
15.825 Revised.....................................................78008
15.830 Amended.....................................................78008
15.840 (c) redesignated as (d); new (c) added; (a), (b) and new 
        (d) amended................................................78008
15.845 Revised.....................................................78008
15.850 Revised.....................................................78008
15.855 (a), (b), (c) introductory text and (6) amended.............78008
15.860 Revised.....................................................78008
15.865 Added.......................................................78009
15.901--15.915 (Subpart H) Redesignated as Subpart I; new Subpart 
        H redesignated from Subpart G..............................78001
15.901 Heading revised; (a), (b), (c) and (d) amended..............78010
15.905 (a) and (b) amended; (c) revised............................78010
15.915 Revised.....................................................78010
15.1001--15.1050 (Subpart I) Redesignated as Subpart J; new 
        Subpart I redesignated from Subpart H......................78001
15.1101--15.1113 (Subpart J) Redesignated as Subpart K; new 
        Subpart J redesignated from Subpart I......................78001
15.1101--15.1113 (Subpart K) Revised...............................78010
16.500 (b) amended.................................................60145
24.05-1 (a) table revised..........................................53296
    Correctly amended..............................................56612

25.01-3 (a) amended................................................60145
27.101 Amended.....................................................60145
27.102 (a) amended.................................................60146
28.40 (a) amended..................................................60146
28.50 Amended......................................................60146
30.01-3 (a) amended................................................60146
30.01-5 (d) table amended..........................................53304
    (d) table correctly amended....................................56612

30.10-35 Amended...................................................60146
30.25-1 Revised; interim...........................................50152
    Regulation at 78 FR 50162 eff. date delayed to 1-16-14.........56837
30.30-5 (a) amended................................................60146
30.30-7 Revised....................................................60146
31.01-3 (b) amended................................................60146
31.10-1 (b) amended................................................60146
31.10-5 (a) amended................................................60146
32.01-1 (b) revised; (c) added.....................................13249
    (a) amended....................................................60146

32.15-15 (e) amended...............................................60147
32.53-3 (b) amended................................................60147
34.01-15 (b) introductory text and (1) revised.....................13249
    (a) amended....................................................60147
35 Authority citation revised......................................42641
35.01-3 Amended....................................................60147
35.35-4 Added......................................................42641
35.35-5 Revised....................................................42642
35.35-20 (m) introductory text and (1) amended; (m)(9) revised.....42642
35.35-30 (c) introductory text and (1) amended; (c)(8) revised.....42642
39 Revised.........................................................42642
    Authority citation revised.....................................60147
39.10-5 (b) amended................................................13249
39.1003 Amended....................................................60147
39.1005 (a) amended................................................60147

                                  2014

  (Regulations published from January 1, 2014, through October 1, 2014)

46 CFR
                                                                   79 FR
                                                                    Page
Chapter I
1 Policy statement..........................................10686, 26374

[[Page 599]]

1.01-15 (a)(1) and (c)(2) amended..................................58275
2 Authority citation revised.......................................53630
2.01-7 Table amended; eff. 10-10-14................................53630
2.10-25 Amended; interim...........................................48924
4.05-1 (a)(1) amended..............................................58275
6.06 (b)(2) amended................................................58275
10 Policy statement.........................................10686, 26374
10.211 (c) amended.................................................58275
11 Policy statement.........................................10686, 26374
11.201 (h) and (2) amended.........................................58276
11.301 (g)(3) amended..............................................58276
11.305 Heading and Table 1 amended.................................58276
11.307 Heading and Table 1 amended.................................58276
11.309 (a)(4)(v) and (e) Table 1 amended...........................58276
11.311 (d) Table 1 amended.........................................58276
11.313 Table 1 amended.............................................58276
11.317 (a)(3)(iii) amended.........................................58276
11.319 (a)(4)(v) amended...........................................58276
11.321 (a)(3)(iii) amended.........................................58276
11.329 (a)(3)(iii) amended; (e) Table 1 added......................58276
11.331 (e) Table 1 amended.........................................58277
11.335 (a)(3)(iii) and (b) amended.................................58277
11.459 Heading amended.............................................58277
11.465 (a) introductory text amended...............................58277
11.493 (b) and (c) amended.........................................58277
11.495 (b) amended.................................................58277
11.555 (a)(2) amended..............................................58277
11.705 (f) correctly removed.......................................55657
11.711 (c) correctly revised.......................................55657
11.821 (b) through (e) amended.....................................58277
11.903 (c)(1) amended..............................................58277
11.910 Table 2 amended.............................................58277
12 Policy statement.........................................10686, 26374
12.601 (c)(3) amended..............................................58279
13 Policy statement.........................................10686, 26374
13.121 (e) Table 2 amended.........................................58279
14 Policy statement.........................................10686, 26374
14.211 Amended.....................................................58279
14.213 (a) amended.................................................58279
14.407 (b) and (e) amended.........................................58279
15 Policy statement.........................................10686, 26374
    Authority citation revised.....................................48924
15.610 (b)(2) amended..............................................58279
15.705 (c) revised; interim........................................48924
15.810 (b)(4) removed; (b)(5) redesignated as new (b)(4); new 
        (b)(5) and (6) added; interim..............................48924
15.815 (c) amended.................................................58279
15.825 (c) redesignated as (d); new (c) added; interim.............48924
24 Authority citation revised......................................53630
24.05-1 Table amended; eff. 10-10-14...............................53630
    (a) introductory text amended; (A) Table removed...............58279
25 Authority citation revised......................................53630
25.25-1 (a) and (b) amended; (c) and (d) removed; eff. 10-10-14....53630
25.25-3 Revised; eff. 10-10-14.....................................53630
25.25-5 Revised; eff. 10-10-14.....................................53630
25.25-9 (a) and (b) amended; (c) added; eff. 10-10-14..............53631
27.301 (b) amended.................................................58279
28 Authority citation revised.......................................8869
28.50 Amended......................................................58279
28.120 (c) table amended...........................................58279
28.135 Table amended...............................................58279
28.225 (a)(1) amended..............................................58279
28.275 (a)(2) amended..............................................58279
28.1100--28.1115 (Subpart I) Added..................................8869
30 Authority citation revised......................................53631
30.01-5 Table amended; eff. 10-10-14...............................53631
    (d) introductory text amended..................................58279
30.10-27 Table heading amended.....................................58279
30.25-1 Regulation at 78 FR 50152 eff. date delayed to 1-16-15......2106
35.10-3 Introductory text amended..................................58280
35.20-1 (a), (b) and (c) revised...................................58280
35.20-7 (a) amended................................................58280
38.10-15 (c)(1) amended............................................58280
38.25-1 (b) amended................................................58280


                                  [all]