StatA

§ 28.500

46 CFR Ch. I (10–1–12 Edition)

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
391⁄2 inches (1 meter), whichever is less.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR
49822, Oct. 1, 1991]

Subpart E—Stability
§ 28.500 Applicability.
This subpart applies to each commercial fishing industry vessel which is 79
feet (24 meters) or more in length that
is not required to be issued a load line
under subchapter E of this chapter and
that—
(a) Has its keel laid or is at a similar
stage of construction or undergoes a
major conversion started on or after
September 15, 1991;
(b) Undergoes alterations to the fishing or processing equipment for the
purpose of catching, landing, or processing fish in a manner different than
has previously been accomplished on
the vessel—these vessels need only
comply with § 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]

§ 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 § 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.
§ 28.505 Vessel owner’s responsibility.
(a) Where a test or calculations are
necessary to evaluate stability, it is

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Coast Guard, DHS

§ 28.515

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.
§ 28.510

Definition of stability terms.

Downflooding means the entry of seawater through any opening into the
hull or superstructure of an undamaged
vessel due to heel, trim, or submergence of the vessel.
Downflooding angle means the static
angle from the intersection of the vessel’s centerline and the waterline in
calm water to the first opening that
cannot be closed weathertight and
through which downflooding can occur.
Flush deck means a continuous
weather deck located at the uppermost
sheer line of the hull.
Forward
perpendicular
means
a
vertical line corresponding to the
intersection of the forward side of the
vessel’s stem and the vessel’s waterline
at the vessel’s deepest operating draft.
Open boat means a vessel not protected from entry of water by means of
a complete deck, or by a combination
of partial weather deck and superstructure which is seaworthy for the
waters upon which the vessel operates.
Protected waters means sheltered waters presenting no special hazards such
as most rivers, harbors, lakes, and
similar waters as determined by the
OCMI.
Qualified individual means an individual or an organization with formal
training in and experience in matters
dealing with naval architecture calculations.
Substantially altered means the vessel
is physically altered in a manner that
affects the vessel’s stability and includes:
(1) Alterations that result in a
change of the vessel’s lightweight
vertical center of gravity of more than
2 inches (51 millimeters), a change in
the vessel’s lightweight displacement
of more than 3 percent, or an increase
of more than 5 percent in the vessel’s
projected lateral area, as determined
by tests or calculations;
(2) Alterations which change the vessel’s underwater shape;

(3) Alterations which change a vessel’s angle of downflooding; and
(4) Alterations which change a vessel’s buoyant volume.
Well deck means a weather deck
fitted with solid bulwarks that impede
the drainage of water over the sides or
an exposed recess in the weather deck
extending one-half or more of the
length of the vessel.
§ 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.

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