StatA

§ 28.60

46 CFR Ch. I (10–1–09 Edition)

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, as
amended by CGD 94–025, 60 FR 54444, Oct. 24,
1995; CGD 96–041, 61 FR 50726, Sept. 27, 1996;
CGD 96–046, 61 FR 57272, Nov. 5, 1996; USCG2001–9044, 68 FR 42602, July 18, 2003; USCG2004–18884, 69 FR 58344, Sept. 30, 2004; USCG–
2006–25556, 72 FR 36330, July 2, 2007; USCG–
2008–0906, 73 FR 56508, Sept. 29, 2008; USCG–
2009–0702, 74 FR 49226, Sept. 25, 2009]

erowe on DSK5CLS3C1PROD with CFR

§ 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 § 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]

§ 28.65 Termination of unsafe operations.
(a) A Coast Guard Boarding Officer
may direct the master or individual in
charge of a vessel, with the concurrence of the District Commander, or
staff authorized by the District Commander, to immediately take reasonable steps necessary for the safety of
individuals on board the vessel if the
Boarding Officer observes the vessel
being operated in an unsafe manner
and determines that an especially hazardous condition exists. This may include directing the master or individual in charge of the vessel to return
the vessel to a mooring and remain
there until the situation creating the
especially hazardous condition is corrected or other specific action is taken.
(b) Hazardous conditions include, but
are not limited to, operation with—
(1) An insufficient number of lifesaving equipment on board, to include
serviceable Personal Flotation Devices
(PFDs), serviceable immersion suits, or
adequate survival craft capacity.
(2) An inoperable Emergency Position Indicating Radio Beacon (EPIRB)
or radio communication equipment
when required by regulation. There
should be at least one operable means
of communicating distress. When both
are required, then at least one must be
in operable condition to avoid termination of the voyage;
(3) Inadequate firefighting equipment
on board;
(4) Excessive volatile fuel (gasoline
or solvents) or volatile fuel vapors in
bilges;

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