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SUBCHAPTER U—OCEANOGRAPHIC RESEARCH VESSELS
PART 188—GENERAL PROVISIONS
Subpart 188.01—Authority and Purpose
Sec.
188.01–1 Purpose of regulations.
188.01–3 Scope of regulations.
188.01–5 Assignment of functions.
188.01–7 Right of appeal.
188.01–15 OMB control numbers assigned
pursuant to the Paperwork Reduction
Act.

Subpart 188.05—Application
188.05–1 Vessels subject to requirements of
this subchapter.
188.05–2 Exemptions from inspection laws
for oceanographic research vessels and
terms and conditions which apply in lieu
thereof.
188.05–3 New vessels and existing vessels for
the purpose of application of regulations
in this subchapter.
188.05–5 Specific application noted in text.
188.05–7 Ocean or unlimited coastwise vessels on inland and Great Lakes routes.
188.05–10 Application to vessels on an international voyage.
188.05–30 Portable tanks—interpretive rulings.
188.05–33 Scientific personnel—interpretive
rulings.
188.05–35 Load lines—interpretive ruling.

Subpart 188.10—Definitions of Terms Used
in This Subchapter
188.10–1
188.10–3
188.10–5
188.10–6
188.10–7
188.10–9
188.10–11
188.10–13
188.10–15
188.10–17
188.10–19
188.10–21
188.10–23
188.10–25
188.10–27
188.10–31
188.10–33
188.10–35
188.10–37
188.10–39
188.10–41
188.10–43
188.10–45
188.10–49
188.10–51

Approved.
Approved container.
Barge.
Captain of the Port.
Chemical stores.
Chemical storeroom.
Chemistry laboratory.
Coast Guard District Commander.
Coastwise.
Combustible liquid.
Commandant.
Compressed gas.
Corrosive liquids.
Explosive.
Flammable liquid.
Great Lakes.
Headquarters.
International voyage.
Label.
Lakes, bays, and sounds.
Liquefied compressed gas.
Liquefied flammable gas.
Marine inspector or inspector.
Numbered vessel.
Ocean.

188.10–53
188.10–55
tion.
188.10–56
point
188.10–57
188.10–59
188.10–61
188.10–65
188.10–67
188.10–69
188.10–71
188.10–73
188.10–75
188.10–77

Oceanographic research vessel.
Officer in Charge, Marine InspecPilot boarding equipment and
of access.
Portable tank.
Recognized classification society.
Rivers.
Seagoing barge.
Scientific equipment.
Scientific laboratory.
Scientific personnel.
Ships’ stores and supplies.
Undocumented vessel.
Vessel.

Subpart 188.15—Equivalents
188.15–1 Conditions under which equivalents
may be used.
188.15–5 Design of vessels.

Subpart 188.20—General Marine
Engineering Requirements
188.20–1

Marine engineering details.

Subpart 188.25—General Electrical
Engineering Requirements
188.25–1

Electrical engineering details.

Subpart 188.27—Lifesaving Appliances and
Arrangements
188.27–1 Lifesaving appliances and arrangements.

Subpart 188.35—American Bureau of
Shipping’s Standards
188.35–1
188.35–5

Standards to be used.
Where obtainable.

AUTHORITY: 46 U.S.C. 2113, 3306; 49 U.S.C.
5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46.
SOURCE: CGFR 67–83, 33 FR 1113, Jan. 27,
1968, unless otherwise noted.

Subpart 188.01—Authority and
Purpose
§ 188.01–1

Purpose of regulations.

The purpose of the regulations in this
subchapter is to set forth uniform minimum requirements for oceanographic
research vessels designated in accordance with § 3.10–1 of this title and subject to Coast Guard inspection requirements. The regulations are necessary

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Coast Guard, DOT

§ 188.01–5

to carry out the provisions of applicable laws governing inspection and certification of oceanographic research
vessels and have the force of law.
[CGD 95–028, 62 FR 51219, Sept. 30, 1997]
EFFECTIVE DATE NOTE: By CGD 95–028, 62
FR 51219, Sept. 30, 1997, § 188.01–1 was revised,
effective Oct. 30, 1997. For the convenience of
the user, the superseded text is set forth as
follows:
§ 188.01–1

Purpose of regulations.

The purpose of the regulations in this subchapter is to set forth uniform minimum requirements for oceanographic research vessels designated in accordance with § 3.10–1 of
this title and subject to Coast Guard inspection requirements. The requirements in this
subchapter are prescribed in accordance with
the intent of Title 52 of the Revised Statutes
and acts amendatory thereof or supplementary thereto which govern inspection
and certification of vessels, and provide for
oceanographic research vessel exemptions
from specific statutory requirements when
they are found ‘‘* * * not necessary in the
performance of the mission of the vessel,
* * *’’. In addition, they specify the terms
and conditions applicable to such vessels as
authorized by section 445 of Title 46, United
States Code (Pub. L. 89–99). The regulations
are necessary to carry out the provisions of
applicable laws governing inspection and
certification of oceanographic research vessels and have the force of law.
[CGD 77–081, 46 FR 56204, Nov. 16, 1981]

§ 188.01–3 Scope of regulations.
The regulations in this subchapter
contain requirements for materials, design, construction, equipment, lifesaving appliances and procedures, fire protection, and fire prevention procedures,
inspection and certification, and special operational requirements for
oceanographic research vessels, including the handling, use, and control of
explosives and other dangerous articles
or substances.
[CGFR 67–83, 33 FR 1113, Jan. 27, 1968, as
amended by CGD 77–081, 46 FR 56204, Nov. 16,
1981; CGD 95–028, 62 FR 51219, Sept. 30, 1997]
EFFECTIVE DATE NOTE: By CGD 95–028, 62
FR 51219, Sept. 30, 1997, § 188.01–3 was amended by removing paragraph (b) and the paragraph designation (a), effective Oct. 30, 1997.
For the convenience of the user, the superseded text is set forth as follows:

§ 188.01–3

*

Scope of regulations.

*

*

*

*

(b) The regulations in this subchapter are
deemed to be necessary when ‘‘* * * a vessel
* * * is being employed exclusively in instruction in oceanography or limnology, or
both, or exclusively in oceanographic research * * *.’’ If or when a vessel is not so exclusively employed and engages in any trade
or commerce then the provisions of sections
441 through 445 of 46 United States Code
(Pub. L. 89–99), are not applicable and such a
vessel shall be subject to the applicable provisions of laws and other regulations in this
chapter governing such activities.

§ 188.01–5

Assignment of functions.

(a) The Department of Transportation Act (Pub. L. 89–670, 80 Stat. 931–
950, 49 U.S.C. 1651–1659), transferred to
and vested in the Secretary of Transportation ‘‘* * * all functions, powers,
and duties, relating to the Coast
Guard, of the Secretary of the Treasury and of other officers and offices of
the Department of the Treasury’’ (subsection 6(b)(1), 49 U.S.C. 1655(b)). This
transfer is subject to certain conditions, modifications, and exceptions as
set forth in such act. By a rule in 49
CFR 1.4(a) the Secretary of Transportation delegated to the Commandant,
U.S. Coast Guard, authority to exercise
certain functions, powers, and duties as
set forth in subsections 6(a)(4), 6(b)(1)
and 6(g) of such act (49 U.S.C. 1655),
subject to conditions, exceptions and
modifications as described in 49 CFR
part 1. By a rule in 49 CFR 1.9 the Secretary of Transportation continued in
effect actions taken prior to April 1,
1967.
(b) The Commandant, U.S. Coast
Guard, in a notice dated March 31, 1967,
and effective April 1, 1967 (32 FR 5611),
approved the continuation of orders,
rules, regulations, policies, procedures,
privileges, waivers, and other actions,
which had been made, allowed, granted,
or issued prior to April 1, 1967, and provided that they shall continue in effect
according to their terms until modified, terminated, repealed, superseded,
or set aside by appropriate authority.
[CGFR 68–32, 33 FR 5729, Apr. 12, 1968]
EFFECTIVE DATE NOTE: By CGD 95–028, 62
FR 51219, Sept. 30, 1997, § 188.01–5 was removed, effective Oct. 30, 1997.

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§ 188.01–7

46 CFR Ch. I (10–1–97 Edition)

§ 188.01–7 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 subchapter 1.03 of this
chapter.

46 CFR part or section where identified or described

Current
OMB control No.

§ 189.40–3 .........................................................
§ 189.40–5 .........................................................
§ 196.15–7 .........................................................
§ 196.15–18 .......................................................

2115—0554
2115—0554
2115—0589
2115—0589

[CGD 88–033, 54 FR 50382, Dec. 6, 1989]

[CGD 88–072, 53 FR 34298, Sept. 6, 1988, as
amended by CGD 89–037, 57 FR 41828, Sept. 11,
1992]

§ 188.01–15 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.

Subpart 188.05—Application
§ 188.05–1 Vessels subject to requirements of this subchapter.
(a) This subchapter shall be applicable to all U.S.-flag vessels indicated in
Column 7 of Table 188.05–1(a) to the extent prescribed by applicable laws and
the regulations in this subchapter, except as follows:
(1) Any foreign vessel.
(2) Any vessel operating exclusively
on inland waters which are not navigable waters of the United States.
(3) Any vessel while laid up and dismantled and out of commission.
(4) With the exception of vessels of
the U.S. Maritime Administration, any
vessel with title vested in the United
States and which is used for public purposes.

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