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pdfTitle 46—Shipping
(This book contains parts 1 to 40)
Part
CHAPTER I—Coast
Guard, Department of Homeland Security
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CHAPTER I—COAST GUARD, DEPARTMENT OF
HOMELAND SECURITY
EDITORIAL NOTE: Nomenclature changes to chapter I appear at 69 FR 18803, Apr. 9, 2004.
SUBCHAPTER A—PROCEDURES APPLICABLE TO THE PUBLIC
Part
1
2
3
4
5
6
7
8
9
Page
Organization, general course and methods governing marine safety functions ............................
Vessel inspections ...................................................
Designation of oceanographic research vessels .......
Marine casualties and investigations. .....................
Marine investigation regulations—personnel action .......................................................................
Waivers of navigation and vessel inspection laws
and regulations ....................................................
Boundary lines ........................................................
Vessel inspection alternatives ................................
Extra compensation for overtime services ..............
5
14
41
42
60
72
75
83
95
SUBCHAPTER B—MERCHANT MARINE OFFICERS AND SEAMEN
10
11
12
13
14
15
16
Merchant mariner credential ..................................
Requirements for officer endorsements ..................
Requirements for rating endorsements ...................
Certification of tankermen .....................................
Shipment and discharge of merchant mariners ......
Manning requirements ............................................
Chemical testing .....................................................
98
126
191
210
225
231
253
SUBCHAPTER C—UNINSPECTED VESSELS
24
25
26
27
General provisions ..................................................
Requirements ..........................................................
Operations ...............................................................
Towing vessels .........................................................
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262
273
284
288
46 CFR Ch. I (10–1–11 Edition)
Part
28
Page
Requirements for commercial fishing industry vessels .......................................................................
294
SUBCHAPTER D—TANK VESSELS
30
31
32
34
35
36
38
39
General provisions ..................................................
Inspection and certification ....................................
Special equipment, machinery, and hull requirements ...................................................................
Firefighting equipment ...........................................
Operations ...............................................................
Elevated temperature cargoes .................................
Liquefied flammable gases ......................................
Vapor control systems ............................................
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341
370
387
417
436
457
459
474
SUBCHAPTER A—PROCEDURES APPLICABLE TO THE PUBLIC
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.
PART 1—ORGANIZATION, GENERAL
COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS
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 Director, Great Lakes Pilotage.
[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]
§ 1.01–10 Organization.
(a) The Commandant is the head of
the agency and exercises overall direction over the policy and administration
of the Coast Guard.
(b) To carry out the regulatory and
enforcement aspects of marine safety,
the staff officers designated in this
paragraph are assigned to the Commandant. The chain of military command is directly from the Commandant
to the District Commanders, except for
marine safety regulatory and enforcement matters within the area of responsibility of Coast Guard Activities
Europe. For Activities Europe, the
chain of command is from the Commandant to the Atlantic Area Commander. The staff officers at Headquarters act only on the basis of the
Commandant’s authority and direction.
(1) The Assistant Commandant for
Marine Safety, Security, and Stewardship (CG–5), under the general direction
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; § 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
§ 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
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§ 1.01–10
46 CFR Ch. I (10–1–11 Edition)
of the Commandant, directs, supervises, and coordinates the activities of:
The Commercial Regulations and
Standards Directorate (CG–52), consisting of the Office of Design and Engineering Standards (CG–521), the Office of Operating and Environmental
Standards (CG–522), and the Office of
Standards Evaluation and Development (CG–523); the Response Policy Directorate (CG–53), consisting of the Office of Law Enforcement (CG–531), the
Office of Counterterrorism and Defense
Operations (CG–532), the Office of Incident Management and Preparedness
(CG–533), the Office of Search and Rescue (CG–534), and the Office of Contingency Exercises (CG–535); the Prevention Policy Directorate (CG–54), consisting of the Office of International
and Domestic Port Security (CG–541),
the Office of Auxiliary and Boating
Safety (CG–542), the Office of Vessel
Activities (CG–543), the Office of Port
and Facility Activities (CG–544), the
Office of Investigations and Casualty
Analysis (CG–545); and the Marine
Transportation and Systems Management Directorate (CG–55), consisting of
the Office of Bridge Programs (CG–551),
the Office of Marine Transportation
Systems (CG–552), and the Office of
Navigation Systems (CG–553). The Deputy Commandant for Operations (CG–
DCO), under the general direction of
the Commandant, directs, supervises,
and coordinates the activities of the
Operations Resource Management Directorate (CG–DCO–R), consisting of
the Office of Workforce Management
(CG–DCO–R–1), the Office of Budget Development (CG–DCO–R–2), the Office of
Budget Execution (CG–DCO–R–3), and
the Office of Information Resources
(CG–DCO–R–6). The Port Safety and Security programs administered by the
Chief, Office of Vessel Activities (CG–
543), and the Marine Environmental
Response programs administered by
the Chief, Office of Incident Management and Preparedness (CG–533), are
guided by regulations contained in 33
CFR chapter I. The Assistant Commandant for Marine Safety, Security,
and Stewardship (CG–5) 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–52), under
the general direction and supervision
of the Assistant Commandant for Marine Safety, Security, and Stewardship
(CG–5), 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–521), at
Headquarters, under the direction of
the Assistant Commandant for Marine
Safety, Security, and Stewardship (CG–
5) and the Director of Commercial Regulations and Standards (CG–52), 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–522), at
Headquarters, under the direction of
the Assistant Commandant for Marine
Safety, Security, and Stewardship (CG–
5) and the Director of Commercial Regulations and Standards (CG–52), coordinates and integrates program standards for personnel qualification, vessel
manning, vessel and facility operations, cargo systems and handling,
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Coast Guard, DHS
§ 1.01–10
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–523),
at Headquarters, under the Direction of
the Assistant Commandant for Marine
Safety, Security, and Stewardship (CG–
5) and the Director of Commercial Regulations and Standards (CG–52), 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 Marine
Safety, Security, and Stewardship (CG–
5) and the Director of Commercial Regulations and Standards (CG–52), 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 Prevention Policy (CG–54), under the general direction
and supervision of the Assistant Commandant for Marine Safety, Security,
and Stewardship (CG–5), 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 Vessel Activities (CG–543), at Headquarters, under
the direction of the Assistant Commandant for Marine Safety, Security,
and Stewardship (CG–5) and the Director of Prevention Policy (CG–54), 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 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 Incident Management and Preparedness (CG–533), at
Headquarters, under the Direction of
the Assistant Commandant for Marine
Safety, Security, and Stewardship (CG–
5) and the Director of Response Policy
(CG–53), 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.
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§ 1.01–15
46 CFR Ch. I (10–1–11 Edition)
(C) The Chief, Office of Investigations
and Analyses (CG–545), at Headquarters, under the direction of the Assistant Commandant for Marine Safety, Security, and Stewardship (CG–5)
and the Director of Prevention Policy
(CG–54), 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
Assistant Commandant for Marine
Safety, Security, and Stewardship (CG–
5),
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 17 Regional Examination Centers.
(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 con-
troversies 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 § 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.
§ 1.01–15 Organization; Districts; National Maritime Center.
(a) To assist the District Commander, and the Atlantic Area Commander with respect to Activities Europe, in carrying out the regulatory
and enforcement aspects of marine
safety, there is assigned to each District Commander and to the Atlantic
Area Commander a staff officer designated as Chief, Marine Safety Division. The chain of military command is
from the District Commander to each
Officer in Charge, Marine Inspection,
within the district and from the Atlantic Area Commander to the Officer in
Charge, Activities Europe. The Chief of
the Marine Safety Division is a staff officer assigned to the District Commanders and Atlantic Area Commander, and acts only on the basis of
the authority and direction of the District Commanders, and the Atlantic
Area Commanders with respect to Activities Europe.
(1) The Chiefs, Marine Safety Division, in the District Offices, under the
supervision of their respective District
Commanders, direct the activities of
their district relative to vessel, factory
and shipyard inspections; reports and
investigations of marine casualties and
accidents; processing of violations of
navigation and vessel inspection laws;
the credentialiing, shipment and discharge of seamen; the investigation
and institution of proceedings looking
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Coast Guard, DHS
§ 1.01–15
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, in the
District Offices.
(2) Unless otherwise provided for, the
Chiefs, Boating Safety Division, in the
District Offices, under the supervision
of their respective District Commanders, direct the activities in their
districts relative to administration of
the law enforcement program applicable to uninspected vessels used for recreational purposes and the imposition
and collection of penalties in connection therewith; maintain liaison with
Federal and State agencies having related interests; develop and coordinate
agreements and arrangements with
Federal and State agencies for cooperation in the enforcement of State and
Federal laws related to recreational
boating; and review investigative reports of recreational boating accidents.
(b) The Officers in Charge, Marine Inspection, in the Coast Guard districts,
under the supervision of the District
Commanders, and the Officer in
Charge, Activities Europe, under the
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; inves-
tigations 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 Regional
Examination Center (REC), 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 documents, licenses, certificates or credentials
issued by the Coast Guard, and recommend suspension or revocation
under 46 U.S.C. Chapter 77 when
deemed appropriate; and
(3) Grant, withhold, suspend, or withdraw course approvals.
(d) The Commanding Officer of the
National Maritime Center has the same
authority as an OCMI for the purpose
of carrying out the marine safety functions listed in paragraph (c) of this section pursuant to the provisions of Subchapter B of this chapter.
(e) Applicants for merchant mariner’s documents, licenses, certificates
or credentials may apply to the Coast
Guard National Maritime Center or
any of the Regional Examination Centers. Applicants may contact the National Maritime Center at 100 Forbes
Drive, Martinsburg, West Virginia
25404, or by telephone at 1–888–I–ASK–
NMC (1–888–427–5662). A list of Regional
Examination Locations is available
through the Coast Guard Web site at
http://www.uscg.mil.
(f) For descriptions of Coast Guard
districts and marine inspection zones,
see 33 CFR part 3.
[CGD 88–033, 54 FR 50376, Dec. 6, 1989]
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§ 1.01–20
46 CFR Ch. I (10–1–11 Edition)
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 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.
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
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]
§ 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.
§ 1.01–25 General flow of functions.
(a) The Officer in Charge, Marine Inspection, has final authority with respect to the functions described in
§ 1.01–15(b) of this subpart, subject to
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Coast Guard, DHS
§ 1.03–15
tor of the OMB for each approved agency information collection requirement.
(b) Display.
(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.
46 CFR part or section where
identified or described
§ 2.01 .....................................
§ 2.95–10 ...............................
§ 3.10 .....................................
Part 4 .....................................
Part 6 .....................................
Current OMB control No.
1625–0002
1625–0035
1625–0014
1625–0001
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
[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]
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; § 1.01–35
also issued under the authority of 44 U.S.C.
3507.
§ 1.03–10 Definition of terms used in
this subpart.
§ 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.
(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.
§ 1.03–15
§ 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 Direc-
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
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§ 1.03–20
46 CFR Ch. I (10–1–11 Edition)
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-543) for appeals
involving vessel inspection issues, load
line issues, and vessel manning issues;
(2) Commandant (CG-52) 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–54d), Coast Guard Headquarters,
21002nd St. SW., Stop 7581, Washington,
DC 20593–7581, 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–521), for appeals
involving the recognition of a classification society; or
(5) Commandant (CG-55) for appeals
involving decisions or actions of the
Director, Great Lakes Pilotage.
(i) Failure to submit a formal appeal
in accordance with the procedures and
time limits contained in this subpart
results in the decision or action becoming final agency action.
(j) Any decision made by the Commandant, or by the Assistant Commandant for Marine Safety and Environmental Protection, or by an office
chief pursuant to authority delegated
by the Commandant is final agency action on the appeal.
[CGD 88–033, 54 FR 50376, Dec. 6, 1989]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 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.
§ 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 § 1.03–15 of this
subpart.
[USCG–2006–24520, 71 FR 35818, June 22, 2006]
§ 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 § 1.03–20 of
this subpart, may make a formal appeal of that decision or action, via the
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Coast Guard, DHS
§ 1.03–45
office of the cognizant District Commander, to the Commandant, in accordance with the procedures contained in § 1.03–15 of this subpart.
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 § 1.03–20 of this subpart.
§ 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 § 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 § 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]
§ 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 § 1.01–15(c) of
this subpart may, after requesting reconsideration of the decision or action
by the NMC, make a formal appeal of
that decision or action, via the NMC,
to the Director of Prevention Policy,
Commandant (CG–54), in accordance
with the procedures contained in § 1.03–
15 of this subpart. The decision of the
Director of Prevention Policy, Commandant (CG–54), 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]
[CGD 97–057, 62 FR 51040, Sept. 30, 1997, as
amended by USCG-1998–4442, 63 FR 52188,
Sept. 30, 1998]
§ 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 § 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 § 30.10–43 of this
chapter, on behalf of the Coast Guard,
§ 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 Prevention Policy, Commandant
(CG–54), in accordance with the procedures contained in § 1.03–15 of this subpart. The decision of the Director of
Prevention Policy, Commandant (CG–
54), 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]
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§ 1.03–50
46 CFR Ch. I (10–1–11 Edition)
2.10–130 Fees for examination of foreign mobile offshore drilling units.
2.10–135 Penalties.
§ 1.03–50 Appeals from decisions or actions of the Director, Great Lakes
Pilotage.
Any person directly affected by a decision or action of the Director, Great
Lakes Pilotage, may make a formal appeal of that decision or action to Commandant (CG-5), in accordance with the
procedures contained in § 1.03–15 of this
subpart.
Subpart 2.20—Reports and Forms
2.20–40 Chief engineer’s reports.
2.20–50 Repairs or alterations in lifesaving
or fire prevention equipment.
Subpart 2.45 [Reserved]
[USCG 2003–15137, 68 FR 37093, June 23, 2003,
as amended by USCG–2008–0906, 73 FR 56507,
Sept. 29, 2008]
Subpart 2.50—Penalties
2.50–1
Penalty procedures.
Subpart 2.75—Approvals of Safety Equipment, Materials and Installations, and
Qualifications for Construction Personnel
PART 2—VESSEL INSPECTIONS
Subpart 2.01—Inspecting and Certificating
of Vessels
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.
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 2.85—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.
Subpart 2.10—Fees
AUTHORITY: 33 U.S.C. 1903; 43 U.S.C. 1333; 46
U.S.C. 2110, 3103, 3205, 3306, 3307, 3703; 46
U.S.C. Chapter 701; E.O. 12234, 45 FR 58801, 3
CFR, 1980 Comp., p. 277; Department of
Homeland Security Delegation No. 0170.1.
Subpart 2.45 also issued under the Act Dec.
27, 1950, Ch. 1155, secs. 1, 2, 64 Stat. 1120 (see
46 U.S.C. App. Note prec. 1).
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.
EDITORIAL NOTE: Nomenclature changes to
part 2 appear at 74 FR 49223, Sept. 25, 2009.
SOURCE: CGFR 65–50, 30 FR 16604, Dec. 30,
1965, unless otherwise noted.
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Coast Guard, DHS
§ 2.01–5
(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.
Subpart 2.01—Inspecting and
Certificating of Vessels
§ 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.
[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]
§ 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]
§ 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:
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§ 2.01–6
46 CFR Ch. I (10–1–11 Edition)
and Minimum Pollution Prevention
Regulations and Transfer Procedures
(33 CFR parts 155, 156, 157, and 159), and
Navigation Safety Inspection Regulations (33 CFR part 164);
(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 § 2.01–5. Any
amendments to these certificates shall
be accomplished in accordance with
§ 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.
(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
§ 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]
§ 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
[USCG–2010–0759, 75 FR 60000, Sept. 29, 2010]
§ 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):
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§ 2.01–7
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17
§ 2.01–7
46 CFR Ch. I (10–1–11 Edition)
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§ 2.01–7
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§ 2.01–7
46 CFR Ch. I (10–1–11 Edition)
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§ 2.01–7
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§ 2.01–7
46 CFR Ch. I (10–1–11 Edition)
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§ 2.01–7
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§ 2.01–7
46 CFR Ch. I (10–1–11 Edition)
(b) The specific application of regulations
concerning
inspecting
and
certificating vessels is set forth in the
specific subchapter governing a particular class of vessels.
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24
Coast Guard, DHS
§ 2.01–13
(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.
§ 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 CGFR 67–83, 33 FR 1102, Jan. 27,
1968; CGFR 70–10, 35 FR 3706, Feb. 25, 1970;
CGD 73–96, 42 FR 49022, Sept. 26, 1977; CGD 86–
033, 53 FR 36023, Sept. 16, 1988; 53 FR 46871,
Nov. 21, 1988; CGD 90–008, 55 FR 30659, July 26,
1990; CGD 97–057, 62 FR 51041, Sept. 30, 1997;
USCG-1999–5040, 67 FR 34760, May 15, 2002;
USCG–2008–1107; 74 FR 63619, Dec. 4, 2009]
[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]
§ 2.01–8 Application of regulations to
vessels or tankships on an international voyage.
§ 2.01–13 Inspection
foreign vessels.
requirements—
(a) Foreign vessels registered in
countries which are parties to the effective International Convention for
Safety of Life at Sea are normally subject to the examination provided for in
Chapter I of that Convention. However,
in the case of any vessel involving
novel features of design or construction, upon which that Convention is silent or which involve potential unusual
operating risks, a more extensive inspection may be required when considered necessary to safeguard the life or
property in United States ports where
such vessel may enter. In such a case,
pertinent plans and/or calculations
may be required to be submitted sufficiently in advance to permit evaluation before inspection.
(b) Foreign vessels registered in
countries which are not parties to the
effective International Convention for
Safety of Life at Sea, or foreign vessels
(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 § 30.01–6 of this chapter; to
passenger vessels, see § 70.05–10 of this
chapter; to cargo ships other than
tankships, see § 90.05–10 of this chapter;
and to small passenger vessels, see
§§ 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]
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§ 2.01–15
46 CFR Ch. I (10–1–11 Edition)
(6) For oceanographic vessels, see
§§ 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 § 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 §§ 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
§ 151.50 30(c) of this chapter.
(11) For repairs to a vessel that affects its subdivision or stability, see
§ 170.005 of this chapter.
(b) If repairs to a vessel are necessary, such a vessel may be permitted
to proceed to another port for repairs,
if, in the opinion of the marine inspector, it can be done with safety. The
permit is granted by the Officer in
Charge, Marine Inspection, upon request in writing by the master or
owner of the vessel and is issued on
Coast Guard Form CG-948, Permit to
Proceed to Another Port for Repairs.
The requirements for such permits are
set forth in the subchapter governing a
particular class of vessels as follows:
(1) For passenger vessels that are 100
gross tons or more, see subpart 71.05 of
subchapter H (Passenger Vessels) of
this chapter.
(2) For small passenger vessels under
100 gross tons, see subpart B of subchapter T (Small Passenger Vessels) of
this chapter.
(3) For cargo and miscellaneous vessels, see subpart 91.05 of subchapter I
(Cargo and Miscellaneous Vessels) of
this chapter.
(4) For tank vessels, see § 31.10–35 of
subchapter D (Tank Vessels) of this
chapter.
(5) For public nautical schoolships,
see § 167.30–5 of subchapter R (Nautical
Schools) of this chapter.
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), § 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]
§ 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 §§ 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 § 176.700 of
subchapter T (Small Passenger Vessels)
or § 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 §§ 91.45–1 and 91.50–1 of subchapter I (Cargo and Miscellaneous
Vessels) of this chapter.
(4) For tank vessels, see §§ 31.10–25
and 35.01–1 of subchapter D (Tank Vessels) of this chapter.
(5) For public nautical schoolships,
see §§ 167.30–1 and 167.30–10 of subchapter R (Nautical Schools) of this
chapter.
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Coast Guard, DHS
§ 2.01–25
nized 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 § 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
(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.
(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; USCG2004–18884, 69 FR 58341, Sept. 30, 2004]
§ 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]
§ 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 recog-
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§ 2.01–30
46 CFR Ch. I (10–1–11 Edition)
(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 § 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 CG969, 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 CG969 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 § 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.
§ 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]
§ 2.01–40 Passengers or persons in addition to crew on cargo or tank vessels.
(a) Under the authority of 46 U.S.C.
3304, a documented vessel transporting
cargo may be allowed by its certificate
of inspection to carry not more than 12
individuals in addition to the crew on
international voyages and not more
than 16 individuals in addition to the
crew on other voyages.
(b) The application for permission to
carry persons in addition to the crew
may be included in the application described in § 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]
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Coast Guard, DHS
§ 2.01–45
§ 2.01–80
granted it is endorsed on the certificate of inspection.
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 §§ 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 § 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 passengersfor-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 § 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.
[CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as
amended by CGD 95–028, 62 FR 51195, Sept. 30,
1997]
§ 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]
§ 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.
[USCG-1999–5040, 67 FR 34767, May 15, 2002]
§ 2.01–50 Persons other than crew on
towing, oyster, or fishing steam vessels.
[CGD 88–033, 54 FR 50379, Dec. 6, 1989]
(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 § 2.01–1. If
§ 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
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§ 2.10–1
46 CFR Ch. I (10–1–11 Edition)
(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.
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.
§ 2.10–1
Applicability.
(a) This subpart establishes vessel inspection fees for all vessels required to
have a Certificate of Inspection and
vessel examination fees for all foreign
vessels required to have 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 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]
[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]
§ 2.10–5
§ 2.10–10 Waivers.
The Commandant (CG–DCO–83) will
waive collection of vessel inspection
fees in this subpart for a Federallyowned 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.
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.
[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]
§ 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.
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Coast Guard, DHS
§ 2.10–25
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 selfpropelled vessel equipped with cargo
tanks primarily designed to carry liquefied or compressed gases in bulk.
Mobile offshore drilling unit (MODU)
means a vessel capable of engaging in
drilling operations for the exploration
or exploitation of subsea resources that
is: seagoing and 300 or more gross tons
and self-propelled by machinery; Seagoing and 100 or more gross tons and
non-self-propelled; or more than 65 feet
in length and propelled by steam.
Nautical school vessel means a vessel
operated by or in connection with a
nautical school or an educational institution under section 13 of the Coast
Guard Authorization Act of 1986, Public Law 99–640.
Non-profit organization means an organization under Internal Revenue
Code (I.R.C.) section 501(c) which is exempt for the purposes of federal income
taxation.
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, fees
required by this subpart must be
mailed to the following addresses:
(1) For COI and COC Inspections:
(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 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)
is: Commandant (CG–DCO–83), United
States Coast Guard, 2100 2nd St. SW.,
Stop 7681, Washington, DC 20593–7681.
(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]
§ 2.10–25
Definitions.
The following definitions apply to
this subpart:
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§ 2.10–25
46 CFR Ch. I (10–1–11 Edition)
Oceanographic research vessel means a
vessel that is being employed only in
instruction in oceanography or limnology, or both, or only in oceanographic or limnological research, including those studies about the sea
such as seismic, gravity meter, and
magnetic exploration and other marine
geophysical or geological surveys, atmospheric research, and biological research.
Offshore supply vessel or OSV means a
vessel that—
(1) Is propelled by machinery other
than steam;
(2) Does not meet the definition of a
passenger-carrying vessel in 46 U.S.C.
2101(22) or 46 U.S.C. 2101(35);
(3) Is more than 15 but less than 500
gross tons (as measured under the
Standard, Dual, or Simplified Measurement System under part 69, subpart C,
D or E of this chapter) or less than
6,000 gross tons (as measured under the
Convention
Measurement
System
under part 69, subpart B of this chapter); and
(4) Regularly carries goods, supplies,
individuals in addition to the crew, or
equipment in support of exploration,
exploitation, or production of offshore
mineral or energy resources.
Passenger barge means a non-self-propelled passenger vessel, including a
prison barge or a barge which carries
occupied recreational vehicles.
Passenger ship means a self-propelled
passenger vessel.
Passenger vessel means a vessel of at
least 100 gross tons:
(1) Carrying more than 12 passengers,
including at least one passenger for
hire;
(2) That is chartered and carrying
more than 12 passengers;
(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 seagoing 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
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.
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Coast Guard, DHS
§ 2.10–101
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.
§ 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 § 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.
[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]
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 .......................................................................................
Freight Barges:
Length not greater than 150 feet .................................................................................................
More than 150 feet but not more than 300 feet ...........................................................................
More than 300 feet .......................................................................................................................
Freight Ships:
Length not greater than 100 feet .................................................................................................
More than 100 feet but no more than 300 feet ............................................................................
More than 300 feet .......................................................................................................................
Industrial Vessels:
Length not greater than 200 feet .................................................................................................
More than 200 feet .......................................................................................................................
Mobile Offshore Drilling Units (MODUs):
Drill ship MODUs ..........................................................................................................................
Submersible MODUs ....................................................................................................................
Self-elevating MODUs ..................................................................................................................
Semi-submersible MODUs ...........................................................................................................
Nautical School Vessels:
$1,030
495
610
955
1,425
1,870
5,410
1,435
2,550
6,710
4,695
4,695
8,050
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§ 2.10–105
46 CFR Ch. I (10–1–11 Edition)
TABLE 2.10–101—ANNUAL VESSEL INSPECTION FEES FOR U.S. AND FOREIGN VESSELS REQUIRING A
CERTIFICATE OF INSPECTION—Continued
Length not greater than 100 feet .................................................................................................
More than 100 feet but not more than 200 feet ...........................................................................
More than 200 feet .......................................................................................................................
Oceanographic Research Vessels:
Length not greater than 170 feet .................................................................................................
More than 170 feet but not more than 240 feet ...........................................................................
More than 240 feet .......................................................................................................................
Offshore Supply Vessels:
Length not greater than 140 feet .................................................................................................
More than 140 feet .......................................................................................................................
Offshore Supply Vessels: Alternate Reinspection Program *:
Length not greater than 140 feet .................................................................................................
More than 140 feet .......................................................................................................................
Passenger Barges:
Less than 100 gross tons and:
Less than 65 feet in length ...................................................................................................
65 feet or more in length .......................................................................................................
100 gross tons or more and:
Certified for fewer than 150 passengers ...............................................................................
Certified for 150 or more passengers ...................................................................................
Passenger Ships:
Length not greater than 250 feet:
Certified for fewer than 150 passengers ...............................................................................
Certified for 150 or more passengers ...................................................................................
More than 250 feet but not more than 350 feet ...........................................................................
More than 350 feet but not more than 450 feet ...........................................................................
More than 450 feet .......................................................................................................................
Sailing School Vessels:
Length not greater than 30 feet ...................................................................................................
More than 30 feet but not more than 65 feet ...............................................................................
More than 65 feet .........................................................................................................................
Sea-going Towing Vessels ..................................................................................................................
Small Passenger Vessels:
Less than 65 feet in length ...........................................................................................................
65 feet or more in length ..............................................................................................................
Tank Barges ........................................................................................................................................
Tankships:
Length not greater than 100 feet .................................................................................................
More than 100 feet but not more than 300 feet ...........................................................................
More than 300 feet .......................................................................................................................
Liquefied Gas Tankships .....................................................................................................................
835
1,450
7,205
840
1,980
3,610
1,135
1,470
940
1,260
300
600
2,215
2,525
3,600
4,050
5,330
6,835
14,650
530
560
980
2,915
300
600
500
1,295
2,310
5,805
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]
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:
§ 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–
n
R 0 (1 + π )
t =0
(1 + i )
PV = ∑
t
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ER13MR95.000
34
Coast Guard, DHS
§ 2.10–130
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
π 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)
egory 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]
§ 2.10–120 Overseas inspection and examination fees.
(a) In addition to any other fee required by this subpart, an overseas inspection and examination fee of $4,585
must be paid for each vessel inspection
and examination conducted outside the
United States and its territories. This
fee does not apply to vessel inspections
and examinations conducted in Canada,
Mexico, or the British Virgin Islands.
(b) The overseas inspection and examination fee for each vessel must accompany each request to the cognizant
Officer in Charge, Marine Inspection
for an overseas inspection or examination.
(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.
§ 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
§ 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 § 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 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]
[CGD 91–030, 60 FR 13563, Mar. 13, 1995, as
amended by USCG–2010–0759, 75 FR 60001,
Sept. 29, 2010]
§ 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
amount based on the new vessel cat-
§ 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.
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§ 2.10–135
46 CFR Ch. I (10–1–11 Edition)
(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.
spection 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.
[CGD 91–030, 60 FR 13563, Mar. 13, 1995, as
amended by USCG–2010–0759, 75 FR 60001,
Sept. 29, 2010]
§ 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.
[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]
§ 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 §§ 78.33–10 and
97.30–10 of this chapter.
[CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as
amended by CGD 97–057, 62 FR 51041, Sept. 30,
1997; USCG-2004–18884, 69 FR 58341, Sept. 30,
2004]
Subpart 2.45 [Reserved]
[CGD 91–030, 60 FR 13563, Mar. 13, 1995, as
amended by CGD 96–052, 62 FR 16703, Apr. 8,
1997]
Subpart 2.50—Penalties
Subpart 2.20—Reports and Forms
§ 2.20–40
§ 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.
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 §§ 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 §§ 35.25–5, 78.33–5, and 97.30–5 of
this chapter.
(c) When fusible plugs in boilers are
renewed at a time other than the in-
[CGD 96–052, 62 FR 16703, Apr. 8, 1997]
Subpart 2.75—Approvals of Safety
Equipment, Materials and Installations, and Qualifications
for Construction Personnel
§ 2.75–1
Approvals.
(a) Certain navigation and vessel inspection laws, or regulations in this
chapter or in 33 CFR chapter I, require
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Coast Guard, DHS
§ 2.75–5
the Commandant’s approval before specific types of safety equipment, materials, or installations may be installed
or used on vessels subject to Coast
Guard inspection, or on other described
vessels, motorboats, artificial islands,
and fixed structures.
(b) The Commandant’s approvals are
issued to persons, partnerships, companies, or corporations who offer for sale
specific items of safety equipment, materials, or installations, or intend them
for their own or others’ use. These approvals are intended to provide a control over the quality of such approved
items. The Commandant’s approvals
apply only to those items constructed
or installed in accordance with applicable requirements, and the details as described in the documents granting specific approval. If a specific item when
manufactured does not comply with
these details, then it is not considered
to be approved and the approval issued
does not apply to such modified item.
For example, if an item is manufactured with changes in design or material not previously approved, the approval does not apply to such modified
item. The failure to comply with applicable requirements and details specified in the approval subjects the holder
to immediate suspension of approval as
described in § 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 § 2.75–50.
(c) The Commandant’s approvals are
issued to qualified holders in the form
of certificates of approval (Form
CGHQ–10030), by appropriate description and identification in documents
filed with the Office of the Federal
Register and published in the FEDERAL
REGISTER, or by letters, or by appropriate markings on drawings, plans,
etc. Under the direction of the Commandant, the Assistant Commandant
for Marine Safety, Security and Stewardship is delegated the authority to
exercise the necessary actions relating
to the granting, suspension, cancellation or revocation of approvals for special items of safety equipment, materials or installations required by law in
regulation in this chapter or in 33 CFR
chapter I to have the Commandant’s
approval. The authority delegated to
the Assistant Commandant for Marine
Safety, Security and Stewardship 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–521), 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]
§ 2.75–5 Certificates of approval.
(a) The Assistant Commandant for
Marine Safety, Security and Environmental Protection or his delegate, will
issue a certificate of approval to the
manufacturer or party named therein
and certify that such manufacturer or
party has submitted satisfactory evidence that the item described therein
complies with the applicable laws and
regulations, which are outlined on the
reverse side of the certificate.
(b) The approval shall be in effect for
a period of 5 years from the date on the
certificate of approval unless canceled
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§ 2.75–10
46 CFR Ch. I (10–1–11 Edition)
or suspended by proper authority, or
otherwise specifically stated in the certificate.
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 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]
§ 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–521), 2100 2nd St., SW.,
Stop 7126, Washington, DC 20593–7126.
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.
[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]
§ 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 § 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–52), United States Coast
Guard, Washington, DC 20593, requesting recognition and listing, as a recognized laboratory.
(2) Accompanying the informal application, as identified enclosures, shall
be:
(i) A certification that it is a laboratory which has been and is regularly
engaged in the examination, testing,
[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]
§ 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–521). 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
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§ 2.75–70
proved, pending a final decision from
the Commandant in the matter.
(b) The procedures for appealing the
temporary suspension shall be those
described in § 2.01–70.
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.
§ 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–52) as provided
in § 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; USCG2004–18884, 69 FR 58341, Sept. 30, 2004]
§ 2.75–60 Hazardous ships’ stores.
Hazardous ships’ stores, as defined in
§ 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.
[CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as
amended by CGD 82–063b, 48 FR 4781, Feb. 3,
1983]
[CGD 84–044, 53 FR 7748, Mar. 10, 1988]
§ 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 ap-
§ 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
§§ 32.60–1(a) of subchapter D (Tank Vessels), § 72.01–15 of subchapter H (Passenger Vessels), § 92.01–10 of subchapter
I (Cargo and Miscellaneous Vessels), or
§ 190.01–10 of subchapter U (Oceanographic Vessels) of this chapter. See
part 57 of subchapter F (Marine Engineering) for requirements for the welding of pressure piping, boilers, pressure
vessels, and nonpressure vessel type
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§ 2.85–1
46 CFR Ch. I (10–1–11 Edition)
(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.
tanks, and associated secondary barriers as defined in § 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
[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]
§ 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.
Subpart 2.95—Retention of
Records by the Public
§ 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.
[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
§ 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.
§ 2.95–5 Certificates
or
documents
issued by others.
(a) Certificates or documents issued
by other public agencies or private organizations, which are accepted as
prima facie evidence of compliance
with requirements administered by the
Coast Guard, shall be retained for the
applicable period of time as follows:
(1) If the certificate or document
specifies a definite period of time for
which it is valid, it shall be retained
for so long as it is valid unless it is required to be surrendered; or
(2) If the certificate or document
does not specify a definite period of
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§ 3.10–1
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.
Subpart 3.01—Authority and
Purpose
§ 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).
§ 2.95–10 Equipment or material required to be approved.
[CGD 77–081, 46 FR 56202, Nov. 16, 1981, as
amended by CGD 95–028, 62 FR 51195, Sept. 30,
1997]
(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.
Subpart 3.03—Application
§ 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
PART
3—DESIGNATION
OF
OCEANOGRAPHIC
RESEARCH
VESSELS
§ 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.
Subpart 3.01—Authority and Purpose
Sec.
3.01–1
§ 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.’’
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
3.05–3
Letter of designation.
Oceanographic research vessel.
Subpart 3.10—Designation
Subpart 3.10—Designation
§ 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.
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.
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§ 3.10–5
46 CFR Ch. I (10–1–11 Edition)
(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.
§ 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
Subpart 4.01—Authority and Scope of
Regulations
Sec.
4.01–1
4.01–3
Scope of regulation.
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
[CGD 77–081, 46 FR 56202, Nov. 16, 1981, as
amended by CGD 95–028, 62 FR 51195, Sept. 30,
1997]
4.04–1 Reports of potential vessel casualty.
4.04–3 Reports of lack of vessel communication.
4.04–5 Substance of reports.
§ 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 § 3.10–1(b) need not be resubmitted with the request.
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.
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§ 4.01–1
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.
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 4.06—Mandatory Chemical Testing Following Serious Marine Incidents
Involving Vessels in Commercial Service
Subpart 4.13—Availability of Records
4.13–1
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.
Public availability of records.
Subpart 4.19—Construction of Regulations
and Rules of Evidence
4.19–1
4.19–5
Construction of regulations.
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
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.
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.
Subpart 4.09—Marine Board of
Investigation
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).
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.
SOURCE: CGD 74–119, 39 FR 33317, Sept. 17,
1974, unless otherwise noted.
Subpart 4.01—Authority and
Scope of Regulations
§ 4.01–1
Scope of regulation.
The regulations in this part govern
the reporting of marine casualties, the
investigation of marine casualties and
Subpart 4.11—Witnesses and Witness Fees
4.11–1 Employees of vessels controlled by
Army or Navy as witnesses.
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§ 4.01–3
46 CFR Ch. I (10–1–11 Edition)
the submittal of reports designed to increase the likelihood of timely assistance to vessels in distress.
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 § 4.05–
1(a).
[CGD 85–015, 51 FR 19341, May 29, 1986]
§ 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
§ 4.05–1(a)(5) or § 4.05–1(a)(6).
(c) Vessels are excluded from the requirements of § 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]
[USCG–2000–6927, 70 FR 74675, Dec. 16, 2005]
§ 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 § 4.03–1 which is required
by § 4.05–1 to be reported to the Coast
Guard and which results in any of the
following:
(1) One or more deaths;
(2) An injury to a crewmember, passenger, or other person which requires
professional medical treatment beyond
first aid, and, in the case of a person
employed on board a vessel in commercial service, which renders the individual unfit to perform routine vessel
duties;
(3) Damage to property, as defined in
§ 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
Subpart 4.03—Definitions
§ 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
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§ 4.03–30
(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.
for evidence of dangerous drug or alcohol use.
[CGD 86–067, 53 FR 47077, Nov. 21, 1988]
§ 4.03–10
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.
[CGD 86–067, 53 FR 47077, Nov. 21, 1988, as
amended by CGD 97–057, 62 FR 51041, Sept. 30,
1997]
§ 4.03–15
§ 4.03–4 Individual directly involved in
a serious marine incident.
§ 4.03–20
§ 4.03–25
Medical facility.
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.
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]
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.
§ 4.03–30
Investigating officer.
An investigating officer is an officer
or employee of the Coast Guard designated by the Commandant, District
Commander or the Officer in Charge,
Marine Inspection, for the purpose of
making investigations of marine casualties and accidents or other matters
pertaining to the conduct of seamen.
An Officer in Charge, Marine Inspection, is an investigating officer without
further designation.
[CGD 86–067, 53 FR 47077, Nov. 21, 1988]
§ 4.03–7
Coast Guard district.
A Coast Guard district is one of the
geographical areas whose boundaries
are described in 33 CFR part 3.
[CGD 86–067, 53 FR 47077, Nov. 21, 1988]
§ 4.03–6
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.
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.
§ 4.03–5
Party in interest.
Chemical test.
The term chemical test means a scientifically recognized test which analyzes an individual’s breath, blood,
urine, saliva, bodily fluids, or tissues
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§ 4.03–35
46 CFR Ch. I (10–1–11 Edition)
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 § 153.900(d) of this chapter.
§ 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.
[USCG–2000–6927, 70 FR 74676, Dec. 16, 2005]
§ 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
§§ 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.
[CGD 84–099, 52 FR 47534, Dec. 14, 1987]
§ 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]
§ 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]
§ 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]
§ 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.
[USCG–2000–6927, 70 FR 74676, Dec. 16, 2005]
[CGD 84–099, 52 FR 47534, Dec. 14, 1987]
§ 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.
§ 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
[USCG–2000–6927, 70 FR 74676, Dec. 16, 2005]
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Coast Guard, DHS
§ 4.05–1
(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.
§ 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.
(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]
§ 4.04–5 Substance of reports.
The owner, charterer, managing operator or agent, notifying the Coast
Guard under § 4.04–1 or § 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.
[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.
§ 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.
(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
§ 4.05–1 Notice of marine casualty.
(a) Immediately after the addressing
of resultant safety concerns, the
owner, agent, master, operator, or person in charge, shall notify the nearest
Sector Office, Marine Inspection Office
or Coast Guard Group Office whenever
a vessel is involved in a marine casualty consisting in—
(1) An unintended grounding, or an
unintended strike of (allison with) a
bridge;
(2) An intended grounding, or an intended strike of a bridge, that creates
a hazard to navigation, the environment, or the safety of a vessel, or that
§ 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
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§ 4.05–2
46 CFR Ch. I (10–1–11 Edition)
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 propertydamage 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 § 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,
amended by
Dec. 16, 2005;
July 2, 2007;
Sept. 30, 2011]
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 § 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]
§ 4.05–5 Substance of marine casualty
notice.
The notice required in § 4.05–1 must
include the name and official number
of the vessel involved, the name of the
vessel’s owner or agent, the nature and
circumstances of the casualty, the locality in which it occurred, the nature
and extent of injury to persons, and the
damage to property.
59 FR 39471, Aug. 3, 1994, as
USCG–2000–6927, 70 FR 74676,
USCG–2006–25556, 72 FR 36330,
USCG–2011–0618, 76 FR 60754,
[CGD 76–170, 45 FR 77441, Nov. 24, 1980]
§ 4.05–10 Written report of marine casualty.
§ 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
(a) The owner, agent, master, operator, or person in charge shall, within
five days, file a written report of any
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Coast Guard, DHS
§ 4.05–25
marine casualty required to be reported under § 4.05–1. This written report is in addition to the immediate
notice required by § 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 CG2692A (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 § 4.05–1(a).
and shall be admissible as evidence in
any administrative proceeding.
[CGD 84–099, 52 FR 47534, Dec. 14, 1987]
§ 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.
[CGD 94–030, 63 FR 19192, Apr. 17, 1998, as
amended by USCG–2006–25556, 72 FR 36330,
July 2, 2007]
§ 4.05–12 Alcohol or drug use by individuals directly involved in casualties.
(a) For each marine casualty required to be reported by § 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 CG2692, 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),
§ 4.05–20 Report of accident to aid to
navigation.
Whenever a vessel collides with a
buoy, or other aid to navigation under
the jurisdiction of the Coast Guard, or
is connected with any such collision, it
shall be the duty of the person in
charge of such vessel to report the accident to the nearest Officer in Charge,
Marine Inspection. No report on Form
CG-2692 is required unless one or more
of the results listed in § 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]
§ 4.05–25
ists.
Reports when state of war ex-
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
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§ 4.05–30
46 CFR Ch. I (10–1–11 Edition)
be handled with caution and the reports shall not be made by radio or by
telegram.
rence 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.
§ 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]
§ 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]
§ 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]
[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]
Subpart 4.06—Mandatory Chemical Testing Following Serious
Marine Incidents Involving
Vessels in Commercial Service
§ 4.06–3 Requirements for alcohol and
drug testing following a serious marine incident.
When a marine employer determines
that a casualty or incident is, or is
likely to become, an SMI, the marine
employer must ensure that the following alcohol and drug testing is conducted:
(a) Alcohol testing. (1) Alcohol testing
must be conducted on each individual
engaged or employed on board the vessel who is directly involved in the SMI.
(i) The alcohol testing of each individual must be conducted within 2
hours of when the SMI occurred, unless
precluded by safety concerns directly
related to the incident.
SOURCE: CGD 86–067, 53 FR 47078, Nov. 21,
1988, unless otherwise noted.
§ 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 occur-
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Coast Guard, DHS
§ 4.06–15
(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.
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]
§ 4.06–15 Accessibility of chemical testing devices.
(a) Alcohol testing. (1) The marine employer must have a sufficient number
of alcohol testing devices readily accessible on board the vessel to determine the presence of alcohol in the system of each individual who was directly involved in the SMI.
(2) All alcohol testing devices used to
meet the requirements of this part
must be currently listed on either the
Conforming Products List (CPL) titled
‘‘Modal Specifications for Devices To
Measure Breath Alcohol’’ or ‘‘Conforming Products List of Screening Devices To Measure Alcohol in Bodily
Fluids,’’ which are published periodically in the FEDERAL REGISTER by National Highway Traffic Safety Administration (NHTSA).
(3) The alcohol testing devices need
not be carried on board each vessel if
obtaining the devices and conducting
the required alcohol tests can be accomplished within 2 hours from the
time of occurrence of the SMI.
[USCG–2001–8773, 70 FR 75960, Dec. 22, 2005]
§ 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
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§ 4.06–20
46 CFR Ch. I (10–1–11 Edition)
(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.
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).
[USCG–2001–8773, 70 FR 75961, Dec. 22, 2005]
§ 4.06–20 Specimen collection requirements.
(a) Alcohol testing. (1) When conducting alcohol testing required in
§ 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 § 4.06–3(a) must be
taken only by qualified medical personnel.
(3) Collection of an individual’s saliva or breath to comply with § 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 § 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.
§ 4.06–40 Specimen handling and shipping.
(a) The marine employer shall ensure
that blood specimens collected in accordance with §§ 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 § 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
§§ 4.06–20 and 4. 06–30 are promptly
shipped to a laboratory complying with
the requirements of 49 CFR part 40.
Urine specimens must be shipped by an
expeditious means, but need not be
shipped in a cooled condition for overnight delivery.
[USCG–2001–8773, 70 FR 75961, Dec. 22, 2005]
§ 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
[CGD 86–067, 53 FR 47078, Nov. 21, 1988, as
amended by USCG-2000–7759, 66 FR 42967,
Aug. 16, 2001]
§ 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
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§ 4.07–1
est 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.
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 97–057, 62 FR 51041, Sept. 30,
1997; USCG-1999–6216, 64 FR 53223, Oct. 1, 1999]
§ 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
[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]
§ 4.07–1 Commandant or District Commander to order investigation.
(a) The Commandant or District
Commander upon receipt of information of a marine casualty or accident,
will immediately cause such investigation as may be necessary in accordance
with the regulations in this part.
(b) The investigations of marine casualties and accidents and the determinations made are for the purpose of
taking appropriate measures for promoting safety of life and property at
sea, and are not intended to fix civil or
criminal responsibility.
(c) The investigation will determine
as closely as possible:
(1) The cause of the accident;
(2) Whether there is evidence that
any failure of material (either physical
or design) was involved or contributed
to the casualty, so that proper recommendations for the prevention of
the recurrence of similar casualties
may be made;
(3) Whether there is evidence that
any act of misconduct, inattention to
duty, negligence or willful violation of
§ 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 CG2692 (Report of Marine Casualty, Injury
or Death) to the Coast Guard in accordance with § 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 § 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 near-
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§ 4.07–5
46 CFR Ch. I (10–1–11 Edition)
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.
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]
§ 4.07–5 Investigating officers, powers
of.
(a) An investigating officer investigates each marine casualty or accident reported under §§ 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]
§ 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.
[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]
§ 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.
§ 4.07–10 Report of investigation.
(a) At the conclusion of the investigation the investigating officer shall
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Coast Guard, DHS
§ 4.09–5
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.
§ 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.
§ 4.07–55 Information to be furnished
Marine Board of Investigation.
When a Marine Board of Investigation is convened in accordance with
§ 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.
§ 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.
§ 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.
Subpart 4.09—Marine Board of
Investigation
§ 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]
§ 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.
§ 4.09–5 Powers of Marine Board of Investigation.
Any Marine Board of Investigation so
designated shall have the power to administer oaths, summon witnesses, require persons having knowledge of the
subject matter of the investigation to
answer questionnaires, and to require
the production of relevant books, papers, documents or any other evidence.
Attendance of witnesses or the production of books, papers, documents or
any other evidence shall be compelled
by a similar process as in the United
States District Court. The chairman
shall administer all necessary oaths to
any witnesses summoned before said
Board.
§ 4.07–45 Foreign units of Coast Guard,
investigation by.
Investigations of marine casualties
conducted by foreign units of the Coast
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§ 4.09–10
§ 4.09–10
46 CFR Ch. I (10–1–11 Edition)
mandant 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.
Witnesses, payment of.
Any witness subpoenaed under § 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 § 4.11–10.
§ 4.09–35
§ 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.
§ 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.
§ 4.09–20
Subpart 4.11—Witnesses and
Witness Fees
§ 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.
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.
§ 4.09–25
§ 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.
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.
§ 4.09–30
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.
§ 4.11–10
Witness fees and allowances.
Witness fees and allowances are paid
in accordance with 46 CFR 5.401.
Action on report.
[CGD 79–080, 45 FR 2046, Jan. 10, 1980, as
amended by CGD 96–041, 61 FR 50726, Sept. 27,
1996]
Upon approval of the report of a Marine Board of Investigation the Com-
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§ 4.19–5
warded 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.
Subpart 4.12—Testimony by
Interrogatories and Depositions
§ 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 for-
[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
§ 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
§ 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.
§ 4.19–5 Adherence
dence.
to
rules
of
As hearings under this part are administrative in character, strict adherence to the formal rules of evidence is
not imperative. However, in the interest of orderly presentation of the facts
of a case, the rules of evidence should
be observed as closely as possible.
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§ 4.21–1
46 CFR Ch. I (10–1–11 Edition)
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.
Subpart 4.21—Computation of
Time
§ 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.
[CGD 76–149, 42 FR 61200, Dec. 1, 1977, as
amended by CGD 95–028, 62 FR 51195, Sept. 30,
1997]
§ 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.
Subpart 4.23—Evidence of
Criminal Liability
§ 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.
§ 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 76–149, 42 FR 61200, Dec. 1, 1977, as
amended by CGD 95–028, 62 FR 51195, Sept. 30,
1997]
[CGD 82–034, 47 FR 45882, Oct. 14, 1982]
§ 4.40–10 Preliminary investigation by
the Coast Guard.
§ 4.40–3 Relationship to Coast Guard
marine investigation regulations
and procedures.
(a) The Coast Guard’s responsibility
to investigate marine casualties is not
(a) The Coast Guard conducts the
preliminary investigation of marine
casualties.
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§ 4.40–30
(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.
§ 4.40–20 Cause or probable cause determinations from Board investigation.
After an investigation conducted by
the Board under § 4.40–15, the Board determines cause or probable cause and
issues a report of that determination.
§ 4.40–25 Coast Guard marine casualty
investigation for the Board.
(a) If the Board does not conduct an
investigation under § 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 § 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 76–149, 42 FR 61200, Dec. 1, 1977, as
amended by CGD 82–034, 47 FR 45882, Oct. 14,
1982]
§ 4.40–15 Marine casualty investigation
by the Board.
[CGD 82–034, 47 FR 45882, Oct. 14, 1982]
(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.
§ 4.40–30 Procedures for Coast Guard
investigation.
(a) The Coast Guard conducts an investigation under § 4.40–25 using the
procedures in 46 CFR 4.01–1 through
4.23–1.
(b) The Board may designate a person
or persons to participate in every phase
of an investigation, including an on
scene investigation, that is conducted
under the provisions of subpart 4.40–25
of this part.
(c) Consistent with Coast Guard responsibility to direct the course of the
investigation, the person or persons
designated by the Board under paragraph (b) of this section may:
(1) Make recommendations about the
scope of the investigations.
(2) Call and examine witnesses.
(3) Submit or request additional evidence.
(d) The Commandant provides a
record of the proceedings to the Board
of an investigation of a major marine
casualty under paragraph (a) of this
section.
(e) The Board, under the Act, makes
its determination of the facts, conditions, circumstances, and the cause or
[CGD 82–034, 47 FR 45882, Oct. 14, 1982]
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§ 4.40–35
46 CFR Ch. I (10–1–11 Edition)
5.67 Physician-patient privilege.
5.69 Evidence of criminal liability.
5.71 Maritime labor disputes.
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.
Subpart D—Investigations
5.101
5.103
5.105
5.107
Conduct of investigations.
Powers of investigating officer.
Course of action available.
Service of complaints.
Subpart E—Deposit or Surrender of Coast
Guard Credential or Endorsement
[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]
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.
§ 4.40–35 Records of the Coast Guard
and the Board.
(a) Records of the Coast Guard made
under § 4.40–30 are available to the public under 49 CFR part 7.
(b) Records of the Board made under
§§ 4.40–20 and 4.40–30 are available to the
public under 49 CFR part 801.
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
PART 5—MARINE INVESTIGATION
REGULATIONS—PERSONNEL ACTION
Subpart G—Witness Fees
5.401 Payment of witness fees and allowances.
Subpart A—Purpose
Subpart H—Hearings
Sec.
5.3 Purpose of regulations.
5.5 Purpose of administrative actions.
5.501 General.
5.521 Verification of credential or endorsement.
5.567 Order.
5.569 Selection of an appropriate order.
Subpart B—Definitions
5.11
5.15
5.19
5.27
5.29
5.31
5.33
5.35
Officer in Charge, Marine Inspection.
Investigating Officer.
Administrative Law Judge.
Misconduct.
Negligence.
Incompetence.
Violation of law or regulation.
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 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
to
National
Transportation
Safety
Board.
Subpart C—Statement of Policy and
Interpretation
5.51
5.55
Construction of regulations.
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.
Subpart K—Review of Administrative Law
Judge’s Decisions in Cases Where
Charges Have Been Found Proved
5.801
5.803
5.805
5.807
Commandant’s review.
Record for decision on review.
Action on review.
Commandant’s Decision on Review.
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Coast Guard, DHS
§ 5.31
Subpart L—Issuance of New Credential or
Endorsement After Revocation or Surrender
ters 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.
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.
[USCG–2006–25535, 71 FR 48482, Aug. 21, 2006]
§ 5.19
SOURCE: CGD 82–002, 50 FR 32184, Aug. 9,
1985, unless otherwise noted.
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.
Subpart A—Purpose
§ 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]
[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]
§ 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.
§ 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.
[CGD 82–002, 50 FR 32184, Aug. 9, 1985, as
amended by USCG–2006–24371, 74 FR 11214,
Mar. 16, 2009]
Subpart B—Definitions
§ 5.29
§ 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.
Negligence.
Negligence is the commission of an
act which a reasonable and prudent
person of the same station, under the
same circumstances, would not commit, or the failure to perform an act
which a reasonable and prudent person
of the same station, under the same
circumstances, would not fail to perform.
[USCG–2006–25535, 71 FR 48482, Aug. 21, 2006]
§ 5.31
§ 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 mat-
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.
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§ 5.33
§ 5.33
46 CFR Ch. I (10–1–11 Edition)
identification, and certificate of service.
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.
[USCG–2006–24371, 74 FR 11214, Mar. 16, 2009]
Subpart C—Statement of Policy
and Interpretation
§ 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.
§ 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 § 5.59(a) or § 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-2004–18884, 69 FR 58342, Sept.
30, 2004]
§ 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]
§ 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
[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]
§ 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.
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Coast Guard, DHS
§ 5.71
(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.
(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 11214,
Mar. 16, 2009]
§ 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]
§ 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.
§ 5.67 Physician-patient privilege.
For the purpose of these proceedings,
the physician-patient privilege does
not exist between a physician and a respondent.
§ 5.61 Acts or offenses for which revocation of credentials is sought.
§ 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.
(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.
§ 5.71 Maritime labor disputes.
Under no circumstances will the
Coast Guard exercise its authority for
the purpose of favoring any party to a
[CGD 82–002, 50 FR 32184, Aug. 9, 1985, as
amended by USCG–2006–24371, 74 FR 11215,
Mar. 16, 2009]
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§ 5.101
46 CFR Ch. I (10–1–11 Edition)
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.
§ 5.105
Subpart D—Investigations
§ 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-1998–3472, 64 FR 28075, May
24, 1999; USCG–2006–24371, 74 FR 11215, Mar.
16, 2009]
§ 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
(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
[CGD 82–002, 50 FR 32184, Aug. 9, 1985, as
amended by USCG–2006–24371, 74 FR 11215,
Mar. 16, 2009]
§ 5.103
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.
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.
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Coast Guard, DHS
§ 5.205
the waiver of his or her right to a hearing.
ered 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 § 5.203.
[USCG-1998–3472, 64 FR 28075, May 24, 1999]
Subpart E—Deposit or Surrender of
Coast Guard Credential or Endorsement
[CGD 84–099, 52 FR 47535, Dec. 14, 1987, as
amended by USCG–2006–24371, 74 FR 11215,
Mar. 16, 2009]
§ 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 discov-
§ 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]
§ 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
for issuance of a credential or endorsement.
(b) Where the voluntary deposit is
based on incompetence due to drug
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§ 5.301
46 CFR Ch. I (10–1–11 Edition)
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 §§ 5.901 and 5.903
when applying for the issuance of a
new credential or endorsement.
mony by witnesses or for the production of books, papers, documents, or
any other relevant evidence.
[CGD 84–099, 52 FR 47535, Dec. 14, 1987, as
amended by USCG–2006–24371, 74 FR 11215,
Mar. 16, 2009]
[USCG-1998–3472, 64 FR 28075, May 24, 1999]
§ 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.
§ 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.
§ 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.
Subpart F—Subpoenas
§ 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 testi-
§ 5.309
Proof of service.
(a) The person serving a subpoena
shall make a written statement setting
forth the date, time and manner of
service and shall return such report
with or on a copy of the subpoena to
the investigating officer or Administrative Law Judge who issued it. In
case of failure to make service of a subpoena, the person assigned to serve
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§ 5.567
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.
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]
§ 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 CG4363). 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.
Subpart G—Witness Fees
§ 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.
[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]
[CGD 82–002, 50 FR 32184, Aug. 9, 1985; 50 FR
35228, Aug. 30, 1985]
§ 5.567 Order.
(a) The Administrative Law Judge
enters an order which recites the disposition of the case. When the finding
is not proved, the Administrative Law
Judge issues an order dismissing the
proceeding with or without prejudice
to refile. When the finding is proved,
the Administrative Law Judge may
order an admonition, suspension with or
without probation, or revocation.
(b) The order is directed against all
credentials or endorsements, except
Subpart H—Hearings
§ 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
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§ 5.569
46 CFR Ch. I (10–1–11 Edition)
(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.
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]
§ 5.569 Selection
order.
of
an
TABLE 5.569—SUGGESTED RANGE OF AN
APPROPRIATE ORDER
appropriate
Type of offense
(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.
Misconduct:
Failure to obey master’s/
ship officer’s order.
Failure to comply with U.S.
law or regulations.
Possession of intoxicating
liquor.
Failure to obey master’s
written instruction.
Improper performance of
duties related to vessel
safety.
Range of order (in
months)
1–3.
1–3.
1–4.
2–4.
2–5.
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Coast Guard, DHS
§ 5.707
TABLE 5.569—SUGGESTED RANGE OF AN
APPROPRIATE ORDER—Continued
§ 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 § 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 § 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.
(f) Copies of the temporary credential
issued become a part of the record on
appeal.
Range of order (in
months)
Type of offense
Failure to join vessel (required crew member).
Violent acts against other
persons (without injury).
Failure to perform duties related to vessel safety.
Theft ....................................
Violent acts against other
persons (injury).
Use, possession, or sale of
dangerous drugs.
Negligence:
Negligently performing duties related to vessel navigation.
Negligently performing nonnavigational duties related
to vessel safety.
Neglect of vessel navigation
duties.
Neglect of non-navigational
safety related duties.
Incompetence .............................
Violation of Regulation:
Refusal to take chemical
drug test.
Refusal to take required alcohol test.
Dangerous drugs (46 U.S.C.
7704).
2–6.
2–6.
3–6.
3–6.
4-Revocation.
Revocation (Note: see
§ 5.59).
2–6.
1–3.
3–6.
2–4.
The only proper order for
a charge of incompetence found proved is
revocation.
12–24
12–24
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
§ 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.
[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]
[USCG-1998–3472, 64 FR 28075, May 24, 1999]
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§ 5.713
46 CFR Ch. I (10–1–11 Edition)
fenses under § 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.
§ 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), U.S. Coast Guard,
2100 2nd St. SW., Stop 7121, Washington, DC 20593–7121.
(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]
Subpart K—Review of Administrative Law Judge’s Decisions in
Cases Where Charges Have
Been Found Proved
§ 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.
[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]
§ 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 § 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 § 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 of-
§ 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]
§ 5.805
Action on review.
(a) The Commandant may adopt, in
whole or in part, the findings, conclusions, and basis therefor stated by the
Administrative Law Judge, may make
entirely new findings on the record, or
may remand the case to the Administrative Law Judge for further proceedings.
(b) In no case will the review by the
Commandant be followed by any order
increasing the severity of the Administrative Law Judge’s original order.
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Coast Guard, DHS
§ 5.903
(2) Has demonstrated complete nonassociation 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.
(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]
§ 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
§ 5.901
[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]
Time limitations.
(a) Any person whose credential or
endorsement has been revoked or surrendered for one or more of the offenses
described in § 5.59 and § 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
§§ 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;
§ 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, U.S. Coast Guard, 2100 2nd
St. SW., Stop 7121, Washington, DC
20593–7121, 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
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
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§ 5.905
46 CFR Ch. I (10–1–11 Edition)
and recommendation,
mandant.
to
the
published in 33 CFR chapter I or in this
chapter, to the extent and in the manner and upon the terms and conditions
as set forth in this section.
(b) An application requesting that a
waiver be made effective, with respect
to a particular vessel, may be made by
any authorized representative of an
agency of the United States Government or any other interested person
(including the master, agent, or owner
of the vessel involved). Except as provided in paragraph (d) of this section,
the application shall be in writing. The
application shall be delivered to the
Coast Guard District Commander or to
his designated representative at the
port or place where the vessel is located. In the case of a vessel in any foreign port or place, the application shall
be made to the designated representative of the Commandant at such port
or place, or if the Coast Guard has not
established facilities in such port or
place, to the nearest designated representative of the Commandant at a
port or place where such facilities have
been established. Every application
shall contain a statement of the particular provisions of law with respect
to which waiver of compliance is requested, a certification that the waiver
of compliance with such laws with respect to the vessel involved is necessary in the interest of national defense and, an outline of the facts upon
which such certification is based. The
Coast Guard District Commander (or
his designated representative or the
designated representative of the Commandant, as the case may be) shall
promptly examine every application
for the purpose of determining whether
the necessity for prompt action is such
as to require that the waiver be made
effective by him without reference to
the Commandant. In any case in which
it appears to the Coast Guard officer
concerned that reference of the application to the Commandant for action
would not delay the sailing of the vessel or otherwise be contrary to the interest of national defense, the application shall be so referred. In all other
cases, such Coast Guard officer shall
give immediate consideration to the
Com-
[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]
§ 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
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.
§ 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
1 This
is also codified in 33 CFR part 19.
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Coast Guard, DHS
§ 6.06
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.
§ 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]
§ 6.06 Vessels operated by or chartered
to Military Sealift Command.
(a) Pursuant to the request of the
Deputy Secretary of Defense, dated August 6, 1958, and to the request of the
Assistant Secretary of Defense, Installations and Logistics, dated May 23,
1964, made under the provisions of section 1 of Public Law 891, 81st Congress,
approved December 27, 1950 (64 Stat.
1120; 46 U.S.C., note preceding section
1), and their findings that a waiver is
necessary in the interest of national
defense, compliance with the provisions of the navigation and vessel inspection laws administered by the
United States Coast Guard, as well as
the regulations issued thereunder and
contained in 33 CFR chapter I, or in
this chapter, is hereby waived to the
extent and upon the terms and conditions as set forth in this section, in
order to permit vessels operated by or
chartered to the Military Sealift Command to carry out their assigned missions.
(b) An application requesting that
this waiver be made effective with respect to a particular vessel may be
made by the Commander, Military Sealift Command, or any one of his duly
designated representatives. Except as
provided in paragraph (e) of this section, the application shall be in writing. The application shall be delivered
[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]
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§ 6.07
46 CFR Ch. I (10–1–11 Edition)
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–543), U.S. Coast
Guard, 2100 2nd St. SW., Stop 7581,
Washington, DC 20593–7581. 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 Sea Transportation Service to carry out an assigned
mission;
(3) The name and official number of
the vessel involved (including the
names of master, agent, and owner of
the vessel involved); and,
(4) For how long the waiver is needed.
(c) The Coast Guard officer making
the waiver in paragraph (a) of this section, effective for a particular vessel,
shall immediately prepare, in quadruplicate, an order setting forth:
(1) The name and official number of
the vessel involved;
(2) The laws and/or regulations with
respect to which the waiver is effective;
(3) The extent to which compliance
with such laws and/or regulations is
waived; and,
(4) The period for which the waiver
shall be effective.
(d) If practicable, one copy of this
waiver order shall be delivered to the
master of the vessel involved before
such vessel sails. In any case where the
waiver order is not delivered to the
master, it shall be delivered to the
owner, operator, or agent of the vessel
without delay. One copy of the waiver
order shall be delivered to the Commander, Military Sealift Command, or
his duly designated representative, who
submitted the application. One copy of
the waiver order shall be transmitted
to the Commandant (G-MOC) and the
remaining copy kept on file.
(e) In any case of extreme urgency,
the application for a waiver order may
be made orally and if the Coast Guard
District Commander (or his designated
representative, or the designated representative of the Commandant, or the
Commandant, as the case may be), determines that the conditions in this
section have been met, the waiver
order shall be made effective without
further delay, subject to the condition
that the application be reduced to writing and delivered within such period
after the date of the oral request as the
Coast Guard officer making the waiver
effective shall specify in the confirming written waiver order.
(f) No penalty shall be imposed because of failure to comply with any
provision of law and/or regulation, the
waiver of which has been made effective pursuant to the requirements of
this section.
(g) This waiver order shall remain in
effect until terminated by proper authority and notice of cancellation is
published in the FEDERAL REGISTER.
[CGFR 64–86, 30 FR 89, Jan. 6, 1965. Redesignated by CGFR 69–123, 34 FR 19076, Dec. 2,
1969, and amended by CGD 88–070, 53 FR 34533,
Sept. 7, 1988; CGD 88–070, 54 FR 3038, Jan. 23,
1989; CGD 95–072, 60 FR 50459, Sept. 29, 1995;
CGD 96–041, 61 FR 50726, Sept. 27, 1996; USCG2004–18884, 69 FR 58342, Sept. 30, 2004; USCG–
2009–0702, 74 FR 49224, Sept. 25, 2009]
§ 6.07 Chronological record of
man’s previous employment.
(a) Compliance is hereby waived with
regard to the provisions of 46 U.S.C.
10311(c), to the extent necessary to permit the Commandant of the United
States Coast Guard to issue a chronological record of a seaman’s previous
employment on a single document, in
lieu of making individual entry in a duplicate continuous discharge book or
furnishing individual certificates of
discharge.
(b) It is hereby found that the
waiving of the provisions of 46 U.S.C.
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Coast Guard, DHS
§ 7.5
7.145 Strait of Juan de Fuca, Haro Strait
and Strait of Georgia, WA.
10311(c), is necessary in the interest of
national defense.
ALASKA
[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]
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.
PART 7—BOUNDARY LINES
GENERAL
Sec.
7.1 General purpose of boundary lines.
7.5 Rules for establishing boundary lines.
ATLANTIC COAST
AUTHORITY: 14 U.S.C. 633; 33 U.S.C. 151, 1222;
Department of Homeland Security Delegation No. 0170.1.
7.10
7.15
7.20
Eastport, ME to Cape Ann, MA.
Massachusetts Bay, MA.
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.
SOURCE: CGD 81–058, 50 FR 25230, June 18,
1985, unless otherwise noted.
GENERAL
§ 7.1 General
lines.
of
boundary
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.’’
GULF COAST
7.105 Marquesas Keys, FL to Rio Grande,
TX.
HAWAII
7.110
purpose
[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]
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.
§ 7.5 Rules for establishing boundary
lines.
(a) For application of the Vessel
Bridge-to-Bridge Radiotelephone Act,
33 U.S.C. 1201 et seq., the line is 12 nautical miles seaward of the baseline
from which the territorial sea is measured.
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§ 7.10
46 CFR Ch. I (10–1–11 Edition)
(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.
§ 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.
[CGD 81–058, 50 FR 25230, June 18, 1985, as
amended by USCG-2001–9044, 68 FR 42602,
July 18, 2003]
ATLANTIC COAST
§ 7.10
§ 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.
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’’).
§ 7.15
§ 7.30 New York Harbor, NY.
A line drawn from East Rockaway
Inlet Breakwater Light to Ambrose
Light; thence to Highlands Light
(north tower).
§ 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
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.
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Coast Guard, DHS
§ 7.55
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.
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.
§ 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.
§ 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
Radiobeacon.
(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′
§ 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.
§ 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′
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§ 7.60
46 CFR Ch. I (10–1–11 Edition)
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.
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]
§ 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.
§ 7.65
§ 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.
§ 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
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]
§ 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
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Coast Guard, DHS
§ 7.100
(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.
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’’).
§ 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.
§ 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.
§ 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.
§ 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.
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§ 7.105
46 CFR Ch. I (10–1–11 Edition)
(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.
§ 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.
GULF COAST
§ 7.105 Marquesas
Grande, TX.
Keys,
FL
to
Rio
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.
§ 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’’.
[USCG-2001–9044, 68 FR 42602, July 18, 2003]
HAWAII
§ 7.110
Mamala Bay, HI.
A line drawn from Barbers Point
Light to Diamond Head Light.
PACIFIC COAST
§ 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.
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Coast Guard, DHS
§ 7.150
(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.
§ 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.
§ 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.
§ 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.
§ 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
§ 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;
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§ 7.155
46 CFR Ch. I (10–1–11 Edition)
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.
easternmost
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.
§ 7.170 Alaska Peninsula, AK to Aleutian Islands, AK.
§ 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.
(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.
§ 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.
§ 7.175 Alaska
Peninsula,
Nunivak, AK.
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.
§ 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 north-
§ 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.
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Coast Guard, DHS
Sec.
8.100
8.110
8.120
8.130
§ 8.100
PART 8—VESSEL INSPECTION
ALTERNATIVES
8.570 Interim approval of prototype SIP
company or vessel plans.
Subpart A—General
AUTHORITY: 46 U.S.C. 3103, 3306, 3316, 3703;
Department of Homeland Security Delegation No. 0170.1.
EDITORIAL NOTE: Nomenclature changes to
part 8 appear at 74 FR 49224, Sept. 25, 2009.
Definitions.
Incorporation by reference.
Reciprocity.
Agreement conditions.
SOURCE: CGD 95–010, 62 FR 67532, Dec. 24,
1997, unless otherwise noted.
Subpart B—Recognition of a Classification
Society
Subpart A—General
§ 8.100
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.
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 throughlife compliance of a ship’s structure
and essential engineering and electrical systems.
Commandant means the Commandant
of the Coast Guard.
Delegated Function means a function
related to Coast Guard commercial
vessel inspection which has been delegated to a classification society. Delegated functions may include issuance
of international convention certificates and participation in the Alternate Compliance Program under this
part.
Delegated Function Related to General
Vessel Safety Assessment means issuance
of the SOLAS Cargo Ship Safety Construction Certificate or issuance of the
SOLAS Cargo Ship Safety Equipment
Certificate.
Exclusive Surveyor means a person
who is employed solely by a classification society and is authorized to conduct vessel surveys. Independent surveyors, hired on a case-by-case basis,
or surveyors of another classification
society are not considered exclusive
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.
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§ 8.110
46 CFR Ch. I (10–1–11 Edition)
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.
and Engineering Standards, (CG–521),
2100 2nd St. SW., Stop 7126, Washington, DC 20593–7126, 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/federallregister/
codeloflfederallregulations/
ibrllocations.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)
§ 8.110 Incorporation by reference.
(a) Certain material is incorporated
by reference into this subchapter with
the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and
1 CFR Part 51. To enforce any edition
other than that specified in paragraph
(b) of this section, the Coast Guard
must publish notice of the change in
the FEDERAL REGISTER and the material must be available to the public. All
material is available for inspection at
the U.S. Coast Guard, Office of Design
[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]
§ 8.120 Reciprocity.
(a) The Commandant may delegate
authority to a classification society
that has its headquarters in a country
other than the United States only to
the extent that the flag state administration of that country delegates authority and provides access to the
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Coast Guard, DHS
§ 8.130
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.
§ 8.130
(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–
543) 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–
543) 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–543) 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
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:
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§ 8.200
46 CFR Ch. I (10–1–11 Edition)
classification society considers an unacceptable hazard to life and/or property exists.
(11) Honor appeal decisions made by
the Commandant (CG–521) or Commandant (CG–543) 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–543) 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–5) to
participate in the development of class
rules.
(20) Inform the Commandant (CG–52)
of all proposed changes to class rules.
(21) Provide the Commandant (CG–5)
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 re-
sults 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
§ 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.
§ 8.210 Applicability.
This subpart applies to all vessel
classification societies seeking recognition by the Coast Guard.
§ 8.220 Recognition of a classification
society.
(a) A classification society must be
recognized by the Commandant before
it may receive statutory authority delegated by the Coast Guard.
(b) In order to become recognized, a
classification society must meet the
requirements of § 8.230.
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Coast Guard, DHS
§ 8.240
(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.
(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.
§ 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;
§ 8.240 Application for recognition.
(a) A classification society must
apply for recognition in writing to the
Commandant (CG–521).
(b) An application must indicate
which specific authority the classification society seeks to have delegated.
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§ 8.250
46 CFR Ch. I (10–1–11 Edition)
(c) Upon verification from the Coast
Guard that the conditions of reciprocity have been met in accordance
with § 8.120, the requesting classification society must submit documentation to establish that it meets the requirements of § 8.230.
§ 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; and
(12) MARPOL 73/78 International Air
Pollution Prevention 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
these agreements are presented in
§ 8.130.
§ 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.
§ 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
§ 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.
§ 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.
[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]
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Coast Guard, DHS
§ 8.420
§ 8.420 Classification society authorization to participate in the Alternate Compliance Program.
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
§ 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 § 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
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 § 8.130.
(a) The Commandant may authorize
a recognized classification society to
participate in the ACP. Authorization
[CGD 95–010, 62 FR 67532, Dec. 24, 1997, as
amended by USCG–2004–19823; 74 FR 20419,
May 4, 2009]
§ 8.330 Termination of
society authority.
classification
(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 § 8.260; or
(2) The classification society fails to
comply with the conditions of the authorization agreement as specified in
§ 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
§ 8.400
Purpose.
This subpart establishes an alternative to subpart 2.01 of this chapter
for certification of United States vessels.
§ 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.
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§ 8.430
46 CFR Ch. I (10–1–11 Edition)
(d) If reports from an authorized classification society indicate that a vessel
does not comply with applicable international treaties and agreements, the
classification society’s class rules, and
the U.S. Supplement prepared by the
classification society and accepted by
the Coast Guard, the cognizant OCMI
may decline to issue a certificate of inspection. If the OCMI declines to issue
a certificate of inspection, the vessel
owner or operator may:
(1) Correct the reported deficiencies
and make arrangements with the classification society for an additional inspection;
(2) Request inspection by the Coast
Guard under other provisions of this
subchapter; or
(3) Appeal via the authorized classification society to the Chief, Office of
Compliance, Commandant (CG–543),
U.S. Coast Guard, 2100 2nd St. SW.,
Stop 7581 Washington, DC 20593–7581.
§ 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–521) 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.
§ 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.
§ 8.450 Termination of
society authority.
classification
(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 § 8.260; or
(2) The classification society fails to
comply with the conditions of the authorization agreement as specified in
§ 8.130.
(b) In the event that a flag administration of a country changes conditions
related to the authority that is delegated to ABS, the Commandant may
modify or revoke the Coast Guard’s authorization of that classification society that has its headquarters in that
country.
(c) Certificates issued by a classification society which has had its authorization to participate in the Alternate
Compliance Program terminated, will
be subject to the provisions of § 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:
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Coast Guard, DHS
§ 8.510
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.
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.
(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.
§ 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.
§ 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.
§ 8.510
Definitions.
The following definitions apply to
this subpart:
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§ 8.515
46 CFR Ch. I (10–1–11 Edition)
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.
the SIP, provided that the vessel holds
a valid COI issued by the OCMI where
the vessel will principally operate.
§ 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 § 8.515.
(b) A summation of the company’s
current status in relation to § 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.
§ 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
§ 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 § 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 § 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.
§ 8.530 Plan
proval.
development
and
The Company SIP Agent will develop
the CAP and VAP with guidance from
the Coast Guard SIP Advisor for OCMI
approval.
(a) Company Action Plan. The CAP
shall include at least the following:
(1) A copy of the OCMI CAP approval
letter (once the CAP is approved).
(2) An organization commitment
statement.
(3) A company organization chart
that includes the name(s) of the designated SIP support personnel who will
be responsible for implementation and
oversight of the approved CAP and
VAP(s).
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Coast Guard, DHS
§ 8.545
(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.
duct 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.
§ 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.
§ 8.545 Scope of inspection for enrolled
vessels.
(a) A Coast Guard marine inspector
will conduct required periodic and follow-on inspections necessary to ensure
compliance with Coast Guard regulations.
(b) A Coast Guard marine inspector
will conduct the inspections in paragraph (a) of this section in accordance
with the procedures set out in the
VAP. These inspections will normally
include the following:
(1) Administrative review. This portion
of the inspection consists of a review of
prior Coast Guard SIP inspection
forms, the contents of the VAP, and
other certifications of equipment and
vessel systems.
(2) SIP performance review. This portion of the inspection consists of a review of vessel SIP documentation and
records, review of the SIP procedures,
and a company evaluation of their SIP.
(3) Materiel review. This portion of the
inspection consists of a general examination of the vessel, witnessing the examination of selected items under the
§ 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 con-
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§ 8.550
46 CFR Ch. I (10–1–11 Edition)
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.
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 § 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
§ 8.515(b)(3).
§ 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 § 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.
§ 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.
§ 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.
§ 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)
§ 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
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Coast Guard, DHS
§ 9.6
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.
§ 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.
PART 9—EXTRA COMPENSATION
FOR OVERTIME SERVICES
§ 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.
9.1 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.
§ 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.
§ 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.
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.
§ 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 § 9.16.)
§ 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
[CGD 74–119, 39 FR 33336, Sept. 17, 1974, as
amended by USCG-2000–7790, 65 FR 58458,
Sept. 29, 2000]
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§ 9.7
46 CFR Ch. I (10–1–11 Edition)
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.
the 24 hours of a Sunday or holiday
shall not exceed four and one-half
times the gross daily rate of his regular pay.
§ 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.
§ 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.
§ 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.
§ 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
§ 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.
§ 9.12 Travel status overtime.
When employees are in travel status,
overtime shall apply the same as at official station.
§ 9.13 Congressional
appropriations
necessary.
Payment of extra compensation for
overtime services shall be subject to
appropriations being made therefor by
Congress.
§ 9.14 Assessment and collection of
fees.
Assessment and collection of fees
against companies for overtime services shall be made even though the
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Coast Guard, DHS
§ 9.17
payment to employees for such services
may not be made until funds are appropriated for that purpose.
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.
[CGD 74–119, 39 FR 33336, Sept. 17, 1974, as
amended by USCG–2010–0759, 75 FR 60001,
Sept. 29, 2010]
§ 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.
§ 9.17
Protests.
Protests against the exaction of
extra compensation shall be forwarded
to the Commandant of the Coast
Guard.
§ 9.16 Billing for services.
Overtime services shall be billed to
the steamship companies on collection
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SUBCHAPTER B—MERCHANT MARINE OFFICERS AND
SEAMEN
PART 10—MERCHANT MARINER
CREDENTIAL
Subpart A—General
§ 10.101
Subpart A—General
Sec.
10.101
10.103
10.105
10.107
10.109
Purpose of rules in this part.
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 their 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 holder of an MMC is a safe and
suitable person.
Purpose of rules in this part.
Incorporation by reference.
Paperwork approval. [Reserved]
Definitions in subchapter B.
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.
10.215 Medical and physical requirements.
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 Issuance of duplicate merchant mariner credentials.
10.231 Requirements for raises of grade or
new endorsements.
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.
§ 10.103
Incorporation by reference.
(a) Certain material is incorporated
by reference into this part with the approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. To enforce any edition
other than that specified in 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/federallregister/
codeloflfederallregulations/
ibrllocations.html. Also, it is available
for inspection at the Coast Guard, Office of Operating and Environmental
Standards (CG–5221), 2100 2nd St. SW.,
Stop 7126, Washington, DC 20593–7126,
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 STCW—International Convention on Standards of Training, Certification and Watchkeeping for Seafarers,
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 72; 46 U.S.C. chapter 75; 46
U.S.C. 7701, 8906 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.
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Coast Guard, DHS
§ 10.107
1978, as amended 1995 (the STCW Convention or the STCW), incorporation
by reference approved for §§ 10.107,
10.109, and 10.231.
(2) The Seafarers’ Training, Certification and Watchkeeping Code, as
amended 1995 (the STCW Code), incorporation by reference approved for
§§ 10.107, 10.109, 10.227, and 10.231.
equivalent to a mate on a conventional
vessel.
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
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.
Cargo engineer means a person holding an officer endorsement on a dangerous-liquid tankship or a liquefiedgas tankship whose primary responsibility is maintaining the cargo system
and cargo-handling equipment.
Chief engineer means any person responsible for the mechanical propulsion of a vessel and who is the holder of
a valid officer endorsement as chief engineer.
Chief mate means the deck officer
next in seniority 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 that the
Coast Guard has officially acknowledged in writing that the material or
process at issue meets the applicable
requirements; that the Coast Guard
has issued an official policy statement
listing or describing the material or
process as meeting the applicable requirements; or that an entity acting on
behalf of the Coast Guard under a
Memorandum of Agreement has determined that the material or process
meets the applicable requirements.
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.
Competent person as used in part 13
only, means a person designated as
such under 29 CFR 1915.7.
Conviction means that the applicant
for a merchant mariner credential has
been found guilty, by judgment or plea
[USCG–2006–24371, 74 FR 11216, Mar. 16, 2009,
as amended by USCG–2009–0702, 74 FR 49224,
Sept. 25, 2009]
§ 10.105 Paperwork
served]
approval.
[Re-
§ 10.107 Definitions in subchapter B.
(a) With respect to part 16 and
§ 15.1101 of this title only, if the definitions in paragraph (b) of this section
differ from those set forth in either
§ 16.105 or § 15.1101, the definition set
forth in either § 16.105 or § 15.1101, as appropriate, 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:
Apprentice mate (steersman) of towing
vessels means a mariner qualified to
perform watchkeeping on the bridge,
while in training onboard a towing vessel under the direct supervision and in
the presence of a master or mate (pilot)
of towing vessels.
Approved means approved by the
Coast Guard according to § 11.302 of this
chapter.
Approved training means training
that is approved by the Coast Guard or
meets the requirements of § 11.309 of
this chapter.
Assistance towing means towing a disabled vessel for consideration.
Assistant engineer means a qualified
officer in the engine department.
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
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§ 10.107
46 CFR Ch. I (10–1–11 Edition)
by a court of record of the United
States, the District of Columbia, any
State, territory, or possession of the
United States, a foreign country, or
any military court, of a criminal felony or misdemeanor or of an offense
described in section 205 of the National
Driver Register Act of 1982, as amended
(49 U.S.C. 30304). If an applicant pleads
guilty or no contest, is granted deferred adjudication, or is required by
the court to attend classes, make contributions of time or money, receive
treatment, submit to any manner of
probation or supervision, or forgo appeal of a trial court’s conviction, then
the Coast Guard will consider the applicant to have received a conviction.
A later expungement of the conviction
will not negate a conviction unless the
Coast Guard is satisfied that the
expungement is based upon a showing
that the court’s earlier conviction was
in error.
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.
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,
eight
hours
of
watchstanding or day-working not to
include overtime. On vessels where a
12-hour working day is authorized and
practiced, each work day may be creditable as one and one-half days of service. On vessels of less than 100 gross
register tons, a day is considered as
eight 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 four hours. When computing
service required for MODU endorsements, a day is a minimum of four
hours, and no additional credit is received for periods served over eight
hours.
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.
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 unattended engine room.
Designated examiner means a person
who has been trained or instructed in
techniques of training or assessment
and is otherwise qualified to evaluate
whether an applicant has achieved the
level of competence required to hold a
merchant mariner credential (MMC)
endorsement. This person may be designated by the Coast Guard or by a
Coast Guard-approved or accepted program of training or assessment. A faculty member employed or instructing
in a navigation or engineering course
at the U.S. Merchant Marine Academy
or at a State maritime academy operated under 46 CFR part 310 is qualified
to serve as a designated examiner in
his or her area(s) of specialization
without individual evaluation by the
Coast Guard.
Directly supervised, only when referring to issues related to tankermen,
means being in the direct line of sight
of the person-in-charge or maintaining
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Coast Guard, DHS
§ 10.107
direct, two-way communications by a
convenient, reliable means, such as a
predetermined working frequency over
a handheld radio.
Disabled vessel means a vessel that
needs assistance, whether docked,
moored, anchored, aground, adrift, or
underway, but does not mean a barge
or any other vessel not regularly operated under its own power.
Drug test means a chemical test of an
individual’s urine for evidence of dangerous drug use.
Employment assigned to is the total
period a person is assigned to work on
MODUs, including time spent ashore as
part of normal crew rotation.
Endorsement is a statement of a mariner’s qualifications, which may include
the categories of officer, staff officer,
ratings, and/or STCW appearing on a
merchant mariner credential.
Entry-level mariner means those mariners holding no rating other than ordinary seaman, wiper, or steward’s department (F.H.)
Evaluation means processing an application, from the point of receipt to approval or rejection of the application,
including review of all documents and
records submitted with an application
as well as those obtained from public
records and databases.
Fails a chemical test for dangerous
drugs means that the result of a chemical test conducted 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 seniority to the
chief engineer and upon whom the responsibility for the mechanical propulsion of the vessel will fall in the event
of the incapacity of the chief engineer.
Great Lakes for the purpose of calculating service requirements for an officer 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
mile 326 and 327), the Chicago River as
far as the east side of the Ashland Avenue Bridge (between mile 321 and 322),
and the Saint Lawrence River as far
east as the lower exit of Saint Lambert
Lock. For purposes of requiring merchant mariner credentials with rating
endorsements, the connecting and tributary waters are not part of the Great
Lakes.
Harbor assist means the use of a towing vessel during maneuvers to dock,
undock, moor, or unmoor a vessel, or
to escort a vessel with limited maneuverability.
Horsepower means, for the purpose of
this subchapter, the total maximum
continuous shaft horsepower of all the
vessel’s main propulsion machinery.
IMO means the International Maritime Organization.
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. For establishing credit for sea service, the
waters of the Inside Passage between
Puget Sound and Cape Spencer, Alaska, are inland waters.
Invalid credential means a merchant
mariner credential, merchant mariner’s document, merchant mariner’s license, STCW endorsement, or certificate of registry that has been suspended or revoked, or has expired.
Large passenger vessel means a vessel
of more than 70,000 gross tons, as measured under 46 U.S.C. 14302 and documented under the laws of the United
States, with capacity for at least 2,000
passengers and a coastwise endorsement under 46 U.S.C. chapter 121.
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).
Liquid cargo in bulk means a liquid or
liquefied gas listed in § 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.
Lower level is used as a category of
deck and engineer officer endorsements
established for assessment of fees.
Lower-level officer endorsements are
other than those defined as upper level,
for which the requirements are listed
in subparts D, E, and G of part 11.
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§ 10.107
46 CFR Ch. I (10–1–11 Edition)
Marine chemist means a person certificated by the National Fire Protection Association.
Master means the officer having command of a vessel.
Mate means a qualified officer in the
deck department other than the master.
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.
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.
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.
Non-resident alien means 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 not
lawfully admitted for permanent residence, as defined by Section 101(a)(20)
of the Act, but who is employable in
the United States under the Act and its
implementing regulations, including
an alien crewman described in section
101(a)(15)(D)(i) of the 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, are
not considered oceans.
Officer endorsement means an annotation on a merchant mariner credential
that allows a mariner to serve in the
capacities in § 10.109(a). The officer endorsement serves as the license and/or
certificate of registry pursuant to 46
U.S.C. subtitle II part E.
Officer in Charge, Marine Inspection or
OCMI means, for the purposes of this
subchapter, the individual so designated at one of the Regional Examination Centers, or any person designated as such by the Commandant.
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.
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,
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Coast Guard, DHS
§ 10.107
at anchor, made fast to shore, or
aground.
Operator means an individual qualified to operate certain uninspected vessels.
Orally assisted examination means an
examination as described in part 11,
subpart I of this chapter verbally administered and documented by an examiner.
Participation, when used with regard
to the service on transfers required for
tankerman by §§ 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.
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 three 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 for the purpose of establishing
that the performer is sufficiently proficient in a practical skill to meet a
specified standard of competence or
other objective criterion.
Qualified instructor means a person
who has been trained or instructed in
instructional techniques and is otherwise qualified to provide required
training to candidates for a merchant
mariner credential 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 in a navigation or engineering course 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,
lifeboatman, or tankerman endorsements formerly issued on merchant
mariner’s documents.
Raise of grade means an increase in
the level of authority and responsibility associated with an officer or rating endorsement.
Rating endorsement is an annotation
on a merchant mariner credential that
allows a mariner to serve in those capacities set out in § 10.109(b) and (c).
The rating endorsement serves as the
merchant mariner’s document pursuant to 46 U.S.C. subtitle II part E.
Regional examination center or REC
means a Coast Guard office that issues
merchant mariners’ credentials and endorsements.
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 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.
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.
Self-propelled tank vessel means a selfpropelled tank vessel, other than a
tankship.
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§ 10.107
46 CFR Ch. I (10–1–11 Edition)
Senior company official means the
president, vice president, vice president for personnel, personnel director,
or similarly titled or responsible individual, or a lower-level employee designated in writing by one of these individuals for the purpose of certifying
employment and whose signature is on
file at the REC at which application is
made.
Service as, used when computing the
required service for MODU endorsements, means the time period, in days,
a person is assigned to work on
MODUs, excluding time spent ashore as
part of crew rotation. A day is a minimum of four hours, and no additional
credit is received for periods served
over eight hours.
Simulated transfer means a transfer
practiced in a course meeting the requirements of § 13.121 of this chapter
that uses simulation supplying part of
the service on transfers required for
tankerman by § 13.203 or 13.303 of this
chapter.
Staff officer means a person who holds
an MMC with an officer endorsement
listed in § 10.109(a)(31).
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 1995 (incorporated by reference in § 10.103).
STCW Code means the Seafarer’s
Training,
Certification
and
Watchkeeping Code, as amended 1995
(incorporated by reference in § 10.103).
STCW endorsement means an annotation on a merchant mariner credential
that allows a mariner to serve in those
capacities under § 10.109(d). The STCW
endorsement serves as evidence that a
mariner has met the requirements of
STCW.
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 to his or her merchant mariner credential.
Tankerman engineer means a person
holding a valid ‘‘Tankerman-Engineer’’
endorsement to his or her merchant
mariner credential.
Tankerman PIC means a person holding a valid ‘‘Tankerman-PIC’’ endorsement on his or her merchant mariner
credential.
Tankerman PIC (Barge) means a person holding a valid ‘‘Tankerman-PIC
(Barge)’’ endorsement to his or her
merchant mariner credential.
Tankship means any tank vessel constructed or adapted primarily to carry
oil or hazardous material in bulk as
cargo or as cargo residue and propelled
by power or sail.
Transfer means any movement of
dangerous liquid or liquefied gas as
cargo in bulk or as cargo residue to,
from, or within a vessel by means of
pumping, gravitation, or displacement.
Section 13.127 of this chapter describes
what qualifies as participation in a
creditable transfer.
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
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.
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Coast Guard, DHS
§ 10.109
Undocumented vessel means a vessel
not required to have a certificate of
documentation issued under the laws of
the United States.
Upper level is used as a category of
deck and engineer officer endorsements
established for assessment of fees.
Upper-level endorsements are those for
which the requirements are listed in
§§ 11.404 to 11.407 of this subchapter and
§§ 11.510, 11.512, 11.514, and 11.516 of this
subchapter.
Vessel Security Officer (VSO) means a
person onboard the vessel accountable
to the Master, designated by the Company as responsible for security of the
vessel, including implementation and
maintenance of the Vessels Security
Plan, and for liaison with the Facility
Security Officer and the vessel’s Company Security Officer.
Western rivers means the Mississippi
River, its tributaries, South Pass, and
Southwest Pass, to the navigational
demarcation lines dividing the high
seas from harbors, rivers, and other inland waters of the United States, and
the Port Allen-Morgan City Alternate
Route,
and
that
part
of
the
Atchafalaya River above its junction
with the Port Allen-Morgan City Alternate Route including the Old River and
the Red River, and those waters specified in 33 CFR 89.25.
Year means 360 days for the purpose
of complying with the service requirements of this subchapter.
§ 10.109 Classification
of
endorsements.
(a) The following 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 vessel;
(7) Mate (pilot) of towing vessel;
(8) Apprentice mate (Steersman);
(9) Offshore installation manager
(OIM);
(10) Barge supervisor (BS);
(11) Ballast control operator (BCO);
(12) Operator of uninspected passenger vessels (OUPV);
(13) Master of uninspected fishing industry vessels;
(14) Mate of uninspected fishing industry vessels;
(15) Master of offshore supply vessels;
(16) Chief mate of offshore supply
vessels;
(17) Mate of offshore supply vessels;
(18) Chief engineer;
(19) Chief engineer (limited);
(20) Chief engineer (limited-ocean);
(21) Chief engineer (limited-nearcoastal);
(22) First assistant engineer;
(23) Second assistant engineer;
(24) Third assistant engineer;
(25) Assistant engineer (limited);
(26) Designated duty engineer (DDE);
(27) Chief engineer offshore supply
vessel;
(28) Engineer offshore supply vessel;
(29) Chief engineer MODU;
(30) Assistant engineer MODU;
(31) Chief engineer uninspected fishing industry vessels;
(32) Assistant engineer uninspected
fishing industry vessels;
(33) Radio officer;
(34) First class pilot
(35) Chief purser;
(36) Purser;
(37) Senior assistant purser;
(38) Junior assistant purser;
(39) Medical doctor;
(40) Professional nurse;
(41) Marine physician assistant;
(42) Hospital corpsman; and
(43) Radar observer.
(b) The following rating endorsements 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) Any waters, unlimited;
(ii) Limited;
(iii) Special; and
(iv) Special (OSV).
(2) Ordinary seaman.
(3) Qualified member of the engine
department (QMED):
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§ 10.201
46 CFR Ch. I (10–1–11 Edition)
(i) Refrigerating engineer;
(ii) Oiler;
(iii) Deck engineer;
(iv) Fireman/Watertender;
(v) Junior engineer;
(vi) Electrician;
(vii) Machinist;
(viii) Pumpman;
(ix) Deck engine mechanic; and
(x) Engineman.
(4) Lifeboatman.
(5) Wiper.
(6) Steward’s department
(7) Steward’s department (F.H.).
(8) Cadet.
(9) Student observer.
(10) Apprentice engineer.
(11) Apprentice mate.
(c) The following ratings are established in part 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 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) The following STCW endorsements are established by STCW and
issued according to the STCW Code,
STCW Convention and parts 11 and 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 parts 11
or 12 of this subchapter as well as the
STCW Code and STCW Convention (incorporated by reference see § 10.103):
(1) Master.
(2) Chief mate.
(3) Officer in charge of a navigational
watch (OICNW).
(4) Chief engineer.
(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) Rating forming part of a navigational watch (RFPNW).
(8) Rating forming part of a watch in
a manned engineroom or designated to
perform duties in a periodically unmanned engineroom (RFPEW).
(9) Proficiency in survival craft and
rescue boats other than fast rescue
boats (PSC).
(10) Proficiency in fast rescue boats.
(11) Person in charge of medical care.
(12) Medical first aid provider.
(13) GMDSS at-sea maintainer.
(14) GMDSS operator.
(15) Tankerman PIC.
(16) Tankerman assistant.
(17) Tankerman engineer.
[USCG–2006–24371, 74 FR 11216, Mar. 16, 2009,
as amended by USCG–2006–24371, 74 FR 39218,
Aug. 6, 2009]
Subpart B—General Requirements
for All Merchant Mariner Credentials
§ 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 in § 10.103. 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 National Maritime Center or at any Regional Examination Center during usual business
hours, or through the mail.
§ 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
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Coast Guard, DHS
§ 10.209
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).
§ 10.205 Validity of a merchant mariner credential.
(a) An MMC is valid for a term of five
years from the date of issuance.
(b) All endorsements 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 one year beyond
its expiration date as per § 10.227(f) of
this part.
(d) When an MMC is renewed or reissued before its expiration date in accordance with § 10.227, the MMC that
has been replaced becomes invalid.
(e) An MMC is not valid until signed
by the applicant and a duly authorized
Coast Guard official.
(f) A mariner’s STCW endorsement is
valid only when the related officer or
rating endorsement is valid.
(g) 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.
(h) 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.
§ 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, and not the social security
number, will appear on the credential.
§ 10.209 General
dures.
application
proce-
(a) The applicant for an MMC, whether original, renewal, duplicate, raise of
grade, or a new endorsement on a previously issued MMC, must establish to
the Coast Guard 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 § 10.225, the requirements
for a renewal MMC application are in
§ 10.227, the requirements for a duplicate MMC application are contained in
§ 10.229, and the requirements for an application for a new endorsement or
raise of grade are contained in § 10.231.
(c) Applications are valid for 12
months from the date that the Coast
Guard approves the application.
(d) The portions of the application
that may be submitted by mail, fax, or
other electronic means may include:
(1) The application, consent for NDR
check, and notarized oath on Coast
Guard-furnished forms, and the evaluation fee required by § 10.219 of this part;
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§ 10.211
46 CFR Ch. I (10–1–11 Edition)
(2) The applicant’s continuous discharge book, certificate of identification, MMD, MMC, license, STCW endorsement, COR, or, if it has not expired, a photocopy of the credential, including the back and all attachments;
(3) Proof, documented on a form provided by the Coast Guard, that the applicant passed the applicable vision,
hearing, medical or physical exam as
required by § 10.215 of this part;
(4) If the applicant desires a credential with a radar-observer endorsement
in accordance with § 11.480 of this chapter, either the radar-observer certificate or a certified copy;
(5) Evidence of, or acceptable substitute for, sea service, if required;
(6) For an endorsement as a medical
doctor or professional nurse as required
in § 11.807, 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
requirements for the specific endorsement sought, as established in parts 11,
12 or 13 of this chapter; and
(8) An open-book exercise, in accordance with § 10.227(d)(8)(i) 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 § 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 until the
applicant has passed an NDR review as
set forth in § 10.213 of this part; and
(3) Information supplied by the Transportation Security Administration (TSA).
(i) Beginning on April 15, 2009, no MMC
or endorsement will be issued until the
Coast Guard receives the following information from the applicant’s TWIC
application: the applicant’s fingerprints, FBI number and criminal record
(if applicable), photograph, proof of
United States 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 to provide this information.
(ii) Until April 15, 2009, no application for an MMC or endorsement will
be considered complete until the applicant appears at a Regional Exam Center to provide the following information: the applicant’s fingerprints, photograph, proof of United States citizenship, or Nationality with proof of legal
resident status (if applicable).
(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. Beginning April 15, 2009, 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 the previously
issued 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. Upon written request at the
time of application, the cancelled, previously issued credential(s) will be returned to the applicant.
(h) Unless otherwise stated in this
Part, an applicant who fails a chemical
test for dangerous drugs will not be
issued an MMC.
§ 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
convictions not previously disclosed to
the Coast Guard on an application.
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Coast Guard, DHS
§ 10.211
(b) A criminal record review is not
required for applicants seeking a duplicate MMC under § 10.229.
(c) Fingerprints. Beginning April 15,
2009, 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 disapproved.
(e) If an application is disapproved,
the applicant will be notified in writing of that fact, the reason or reasons
for disapproval, 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
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
10.211(g) 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 10.211(g)—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) .................................................................
Homicide (unintentional) .............................................................
Assault (aggravated) ...................................................................
Assault (simple) ..........................................................................
Sexual Assault (rape, child molestation) ....................................
Robbery .......................................................................................
Other crimes against persons 2
7
5
5
1
5
5
years .............................
years .............................
years .............................
year ..............................
years .............................
years .............................
20 years.
10 years.
10 years.
5 years.
10 years.
10 years.
Vehicular Crimes
Conviction involving fatality .......................................................................
Reckless Driving ........................................................................................
Racing on the Highways ...........................................................................
Other vehicular crimes 2
1 year ..............................
1 year ..............................
1 year ..............................
5 years.
2 years.
2 years.
Crimes Against Public Safety
Destruction of Property .............................................................................
5 years .............................
10 years.
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§ 10.211
46 CFR Ch. I (10–1–11 Edition)
TABLE 10.211(g)—GUIDELINES FOR EVALUATING APPLICANTS FOR MMCS WHO HAVE CRIMINAL
CONVICTIONS—Continued
Assessment periods
Crime 1
Minimum
Other crimes against public
Maximum
safety 2
Dangerous Drug Offenses 3 4 5
Trafficking (sale, distribution, transfer) ......................................................
Dangerous drugs (Use or possession) .....................................................
Other dangerous drug convictions 6
5 years .............................
1 year ..............................
10 years.
10 years.
Assessment Periods for Officer Endorsements Only
Criminal Violations of Environmental Laws
Criminal violations of environmental laws involving improper handling of
pollutants or hazardous materials.
1 year ..............................
10 years.
Crimes Against Property
Burglary .....................................................................................................
Larceny (embezzlement) ...........................................................................
Other crimes against property 2
3 years .............................
3 years .............................
10 years.
5 years.
1 Conviction of attempts, solicitations, aiding and abetting, accessory after the fact, and conspiracies to commit the criminal
conduct listed in this table carry the same minimum and maximum assessment periods provided in the table.
2 Other crimes 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 10.211(g) and
table 10.213(c) in § 10.213 based upon the
applicant’s convictions; the maximum
assessment period will be the longest
shown in table 10.211(g) and table
10.213(c) of § 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
10.211(g) 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 their MMC application
during the time between the minimum
and maximum assessment periods
shown in table 10.211(g) 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
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Coast Guard, DHS
§ 10.213
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 disapprove the application.
(k) If a person with a criminal conviction submits their MMC application
after the maximum assessment period
shown in table 10.211(g) 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 10.211(g), 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
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]
§ 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 three 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). An applicant conducting simultaneous MMC transactions is subject to only one NDR check.
(c) The guidelines in table 10.213(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 10.211(g) of
§ 10.211 as applicable. The Coast Guard
will consider non-drug or alcohol related NDR-listed convictions that are
more than three 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.
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§ 10.214
46 CFR Ch. I (10–1–11 Edition)
TABLE 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 ...............................................
1 ...............................................
Less than 1 year .....................
More than 1, less than 3 years
1 ...............................................
More than 3 years old .............
2 or more ..................................
Any less than 3 years old .......
2 or more ..................................
All more than 3 years old ........
1 year from date of conviction.
Application will be processed, unless suspension, or revocation 2 is still in effect. Applicant will be advised that additional conviction(s) may jeopardize merchant mariner credentials.
Not necessary unless suspension or revocation is still in effect.
1 year since last conviction and at least 3 years from 2nd
most recent conviction, unless suspension or revocation is
still in effect.
Application will be processed unless suspension or revocation is still in effect.
1 Any applicant who has ever been the user of, or addicted to the use of, a dangerous drug shall meet the requirements of
paragraph (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 disapproved 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 MMC or endorsement for
which the application is made. If an application is disapproved, the Coast
Guard will notify the applicant in writing of the reason(s) for disapproval 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 disapproving 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 REC processing the
application. The REC will hold an application with NDR-listed convictions
pending the completion of the evaluation and delivery by the individual of
the underlying State records.
(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–2006–24371, 74 FR 11216, Mar. 16, 2009,
as amended by USCG–2006–24371, 74 FR 39218,
Aug. 6, 2009]
§ 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
§ 10.211 of this part.
§ 10.215 Medical and physical requirements.
(a) Medical and Physical Exams. To
qualify for an MMC an applicant must
meet the medical and physical standards in this section. Columns 2 through
5 of table 10.215(a) provide the specific
exam, test, or demonstrations required
to obtain the corresponding credential
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Coast Guard, DHS
§ 10.215
listed in column 1. Further clarifications of the requirements contained in
the table are found throughout this
section. Any required test, exam, or
demonstration must have been performed, witnessed, or reviewed by a licensed medical doctor, licensed physician assistant, or licensed nurse practitioner.
(1) First-class pilots, and those serving as pilots under § 15.812 of this part,
on vessels and tank barges of 1,600 GRT
or more must satisfactorily complete
annual medical exams and, unless exempt per 46 CFR 16.220, pass annual
chemical tests for dangerous drugs and
submit the results to the Coast Guard.
(2) Medical exams for Great Lakes
Pilots must be conducted by a licensed
medical doctor in accordance with the
physical exam requirements in 46 CFR
402.210.
TABLE 10.215(a)—MEDICAL AND PHYSICAL REQUIREMENTS FOR MARINER ENDORSEMENTS
Credential
Vision test
(i) Deck officer, including pilot ...............................................
(ii) Engineering officer ...........................................................
(iv) Radio officer ....................................................................
(v) Offshore installation manager, barge supervisor, or ballast control operator.
(vi) Able seaman ...................................................................
(vii) QMED .............................................................................
(viii) RFPNW ..........................................................................
(ix) RFPEW ...........................................................................
(x) Tankerman .......................................................................
(xi) Food handler serving on vessels to which STCW does
not apply.
(xii) Food handler serving on vessels to which STCW applies.
(xiii) Ratings, including entry level, serving on vessels to
which STCW applies, other than those listed above.
§ 10.215(b)(1)
§ 10.215(b)(2)
§ 10.215(b)(2)
§ 10.215(b)(2)
§ 10.215(b)(1)
§ 10.215(b)(2)
§ 10.215(b)(1)
§ 10.215(b)(2)
§ 10.215(b)(2)
General medical exam
Demonstration
of physical
ability
§ 10.215(c)
§ 10.215(c)
§ 10.215(c)
§ 10.215(c)
§ 10.215(d)(1)
§ 10.215(d)(1)
§ 10.215(d)(1)
§ 10.215(d)(1)
§ 10.215(e)(1)
§ 10.215(e)(1)
§ 10.215(e)(1)
§ 10.215(e)(1)
§ 10.215(c)
§ 10.215(c)
§ 10.215(c)
§ 10.215(c)
§ 10.215(c)
§ 10.215(d)(1)
§ 10.215(d)(1)
§ 10.215(d)(1)
§ 10.215(d)(1)
§ 10.215(d)(1)
§ 10.215(d)(2)
§ 10.215(e)(1)
§ 10.215(e)(1)
§ 10.215(e)(1)
§ 10.215(e)(1)
§ 10.215(e)(1)
§ 10.215(d)(2)
§ 10.215(e)(1)
Hearing test
§ 10.215(e)(2)
(b) Vision Test—(1) Deck Standard. An
applicant must have correctable vision
to at least 20/40 in one eye and uncorrected vision of at least 20/200 in the
same eye. An applicant having lost vision in one eye must wait six months
before application and provide a statement of demonstrated ability on his or
her medical examination. The color
sense must be determined to be satisfactory when tested by any of the following methods or an alternative test
approved by 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) Eldridge-Green Color Perception
Lantern.
(iii) Farnsworth Lantern.
(iv) Keystone Orthoscope.
(v) Keystone Telebinocular.
(vi) SAMCTT (School of Aviation
Medicine Color Threshold Tester).
(vii) Titmus Optical Vision Tester.
(viii) Williams Lantern.
(2) Engineering, radio operator,
tankerman, and MODU standard. An
applicant must have correctable vision
of at least 20/50 in one eye and uncorrected vision of at least 20/200 in the
same eye and need only have the ability to distinguish the colors red, green,
blue and yellow.
(3) Any applicant whose uncorrected
vision does not meet the standards listed above, and is granted a waiver in accordance with paragraph (g) of this section, may not serve under the authority of the endorsement unless corrective lenses are worn and spare lenses
are carried onboard a vessel.
(c) Hearing test. 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, if not qualified to conduct the
appropriate examinations, must refer
the applicant to an audiologist or other
hearing specialist to conduct an audiometer test and/or a speech discrimination test, as appropriate.
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§ 10.215
46 CFR Ch. I (10–1–11 Edition)
(1) The audiometer test should include testing at the following thresholds: 500 Hz; 1,000 Hz; 2,000 Hz; and 3,000
Hz. The frequency responses for each
ear should be averaged to determine
the measure of an applicant’s hearing
ability. Applicants must demonstrate
an unaided threshold of 20 decibels or
less in each ear.
(2) The functional speech discrimination test should be carried out at a
level of 55 decibels. For issuance of an
original MMC or endorsement the applicant must demonstrate functional
speech discrimination of at least 90%.
For renewal or raise of grade, the applicant must demonstrate functional
speech discrimination of at least 80%.
An applicant who is unable to meet the
standards of the audiometer test, but
who can pass the functional speech discrimination test, may be eligible for a
medical waiver in accordance with
paragraph (g) of this section.
(d) General medical exam. (1) This
exam must be documented and of such
scope to ensure that there are no conditions that pose an inordinate risk of
sudden incapacitation or debilitating
complication. This exam must also
document any condition requiring
medication that impairs judgment or
reaction time. Examples of physical
impairment or medical conditions that
could lead to disqualification include,
but are not limited to, poorly controlled diabetes, myocardial infarctions, psychiatric disorders, and convulsive disorders.
(2) 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.
(e) Demonstration of physical ability.
(1) A demonstration of physical ability
is required only if the medical practitioner conducting the general medical
exam is concerned that an applicant’s
physical ability may impact maritime
safety or if table 10.215(a) shows that
the mariner must pass a demonstration
of physical ability, but he or she is not
required to pass a general medical
exam.
(2) For an applicant to satisfactorily
pass a demonstration of physical abil-
ity, 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) Would be able, without assistance, to step over a door sill or coaming;
(iv) Would be 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;
(v) Does not have any impairment or
disease that could prevent normal
movement and physical activities;
(vi) Is able to stand and walk for extended periods;
(vii) Does not have any impairment
or disease that could prevent response
to a visual or audible alarm; and
(viii) Is capable of normal conversation.
(f) 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 of the application approval.
(g) Medical waivers. Where an applicant does not possess the vision, hearing, or general physical condition necessary, the Coast Guard, after consultation with the examining licensed
physician, licensed physician assistant,
or licensed nurse practitioner may
grant a waiver if 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. 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.
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Coast Guard, DHS
§ 10.219
(h) Individuals holding only a staff
officer endorsement need not meet the
medical and physical requirements of
this section.
[USCG–2006–24371, 74 FR 11216, Mar. 16, 2009,
as amended by USCG–2010–0759, 75 FR 60001,
Sept. 29, 2010]
§ 10.217 Merchant mariner credential
application and examination locations.
(a) Applicants may apply to any of
the Regional Examination Centers. Applicants may contact the National
Maritime Center at 100 Forbes Drive,
Martinsburg, WV 25404, or by telephone
1–888–427–5662 or 304–433–3400. A list of
Regional Examination Center locations
is available through the Coast Guard
Web site at http://www.uscg.mil/stcw.
(b) Coast Guard-designated facilities.
The Coast Guard may designate additional locations to provide services to
applicants for MMCs.
(c) Exam Locations Abroad. (1) Coast
Guard Merchant Marine Details abroad
may conduct exams for ratings at locations other than the RECs, but are not
prepared to conduct the physical examination where required. Merchant Marine Details may not issue regular rating endorsements, but temporary permits in lieu thereof. Merchant Marine
Details will instruct the recipient of
each temporary permit to present it to
the OCMI, upon arrival in the first port
in the United States in order to exchange it for a permanent credential.
(2) The temporary permit must be accepted by the OCMI as proof that the
bearer has complied with the rules and
regulations governing the issuance of
credentials, except as noted in the body
of the temporary permit. The requirements noted in the exceptions will be
complied with as in the case of other
applicants.
(3) The written examinations are forwarded to the National Maritime Center by Merchant Marine Details. When
an applicant with a temporary permit
appears before an OCMI, that OCMI
may request and obtain the examination from the National Maritime Center. Any OCMI who doubts the propriety of issuing a permanent credential instead of a temporary permit
which has been issued by an overseas
Merchant Marine Detail must inform
the National Maritime Center fully as
to the circumstances.
§ 10.219 Fees.
(a) Use table 10.219(a) of this section
to calculate the mandatory fees for
MMCs and associated endorsements.
TABLE 10.219(a) FEES
And you need . . .
If you apply for
MMC with officer endorsement:
Original:.
Upper level .........................................................
Lower level .........................................................
Renewal ............................................................................
Raise of grade ..................................................................
Modification or removal of limitation or scope ..................
Radio officer endorsement:
Original ..............................................................................
Renewal ............................................................................
Staff officer endorsements:
Original ..............................................................................
Renewal ............................................................................
MMC with rating endorsement:
Original endorsement for ratings other than qualified ratings ........
Original endorsement for qualified rating ........................................
Upgrade or Raise of Grade .............................................................
Renewal endorsement for ratings other than qualified ratings .......
Renewal endorsement for qualified rating ......................................
STCW certification:
Original ..............................................................................
Renewal ............................................................................
Reissue, replacement, and duplicate ..............................................
1 Duplicate
Evaluation then
the fee is . . .
Examination then
the fee is . . .
Issuance then the
fee is . . .
$100 .....................
100 .......................
50 .........................
100 .......................
50 .........................
$110 .....................
95 .........................
45 .........................
45 .........................
45 .........................
$45
45
45
45
45
50 .........................
50 .........................
45 .........................
n/a ........................
45
45
90 .........................
50 .........................
n/a ........................
n/a ........................
45
45
95
95
95
50
50
.........................
.........................
.........................
.........................
.........................
n/a ........................
140 .......................
140 .......................
n/a ........................
45 .........................
45
45
45
45
45
No fee ..................
No fee ..................
n/a ........................
No fee ..................
No fee ..................
n/a ........................
No fee
No fee
1 $45
for MMC lost as result of marine casualty—No Fee.
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§ 10.219
46 CFR Ch. I (10–1–11 Edition)
(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 at the following times:
(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 receipt of
the MMC.
(c) If the examination is administered at a place other than an REC, the
examination fee must be paid to the
REC at least one week before the
scheduled examination date.
(d) Unless the REC provides additional payment options, fees must be
paid as follows:
(1) Fee payment(s) must be for the
exact amount.
(2) Payments may be made by cash,
check, money order, or credit card.
(3) 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 http://
www.uscg.mil/stcw/ldcr-userfees.htm.
(4) Checks or money orders are to be
made payable to the U.S. Coast Guard,
and the full legal name and last four
digits of applicant’s security number
must appear on the front of each check
or money order.
(5) Fee payment may be made by
electronic payment in a manner specified by the Coast Guard. For information regarding current forms of electronic
payment,
go
to
http://
www.uscg.mil/stcw/ldcr-userfees.htm.
(e) Unless otherwise specified in this
part, when two or more endorsements
are processed on the same application:
(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’s 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 one year from
the date of the application approval.
An examination fee will also be
charged to process an open-book exercise used to 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, failure to pay a fee, or returned checks.
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 subpart
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.
(1) For the purpose of this section, a
no-fee MMC applicant is a person who
is a volunteer, or a part-time or fulltime employee of an organization that
is:
(i) Charitable in nature;
(ii) Not for profit; and
(iii) Youth oriented.
(2) Determination of eligibility. (i) 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)(1) of this section. With the
written request, the organization must
provide evidence of its status as a
youth-oriented, not-for-profit, charitable organization.
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Coast Guard, DHS
§ 10.221
(ii) The following organizations are
accepted by the Coast Guard as meeting the requirements of paragraph
(h)(1) 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.
(3) A letter from an organization determined eligible under paragraph
(h)(2) 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 then is eligible
under this section to obtain a no-fee
MMC if other requirements for the
MMC are met.
(4) An MMC issued to a person under
this section is endorsed restricting its
use to vessels owned or operated by the
sponsoring organization.
(5) The holder of a no-fee MMC issued
under this section may have the restriction removed by paying the appropriate evaluation, examination, and
issuance fees that would have otherwise applied.
§ 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 § 11.201(d) of this
part.
(2) All other MMCs. All other applicants, except as noted in § 12.40–11 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 sub-
mitted 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
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,
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§ 10.223
46 CFR Ch. I (10–1–11 Edition)
(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.
§ 10.223 Modification or
limitations or scope.
removal
of
(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 § 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) Beginning April 15, 2009, proof
that the mariner holds a valid TWIC;
(3) All supplementary materials required to show that the mariner meets
the mandatory requirements for the
transaction sought:
(i) The mandatory requirements for
officer endorsements are contained in
part 11 of this chapter.
(ii) The mandatory requirements for
rating endorsements are contained in
part 12 of this chapter.
(iii) The mandatory requirements for
tankerman rating endorsements are
contained in part 13 of this chapter.
(iv) The mandatory requirements for
STCW endorsements are contained in
parts 11 and 12 of this chapter and in
the STCW Convention and Code (incorporated by reference, see § 10.103).
(4) The appropriate fee as set forth in
§ 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.
§ 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 an
applicant after their previous credential has expired and they do not hold a
document of continuity under § 10.227(e)
of this part or an equivalent unexpired
continuity endorsement on their license or MMD; or
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Coast Guard, DHS
§ 10.227
(3) The first credential issued to an
applicant after their previous credential was revoked pursuant to § 10.235 of
this part.
(b) A complete application for an
original MMC must contain the following:
(1) A completed, signed application;
(2) Beginning April 15, 2009, 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;
(i) The mandatory requirements for
officer endorsements are contained in
part 11 of this chapter.
(ii) The mandatory requirements for
rating endorsements are contained in
part 12 of this chapter.
(iii) For a tankerman rating endorsement, the applicant must also provide
those documents or proofs required in
part 13 of this chapter.
(iv) The mandatory requirements for
STCW Endorsements are contained in
parts 11 and 12 of this chapter and in
the STCW Convention and Code (incorporated by reference, see § 10.103).
(4) The appropriate fee as set forth in
§ 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 § 16.220 of this subchapter;
(6) Discharges or other documentary
evidence of service indicating the
name, tonnage, and propulsion power
of the vessels, dates of service, capacity in which the applicant served, and
on what waters, where sea service is required;
(7) Proof, documented on a form provided by the Coast Guard, that the applicant passed all applicable vision,
hearing, medical, and/or physical
exams as required by § 10.215 of this
part.
(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; and
(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
to administer oaths in the jurisdiction
where the person taking the oath resides. An oath administered at a location other than those listed in § 10.217
must be verified in writing by the administering official and submitted to
the same 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.
§ 10.227
Requirements for renewal.
(a) Except as provided in paragraph
(e) of this section, an applicant for renewal of a credential must establish
possession of all of the necessary qualifications before the renewal MMC will
be issued.
(b) A credential may be renewed at
any time during its validity and for
one 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
(e) of this section, a complete application for renewal must contain the following:
(1) A completed, signed application;
(2) Beginning April 15, 2009, proof
that the mariner holds a valid TWIC;
(3) The appropriate fee as set forth in
§ 10.219 of this part;
(4) 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. If the applicant submits a photocopy, upon the
issuance of the new MMC, the applicant must surrender the old original
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§ 10.227
46 CFR Ch. I (10–1–11 Edition)
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;
(5) Evidence of having passed a chemical test for dangerous drugs or of
qualifying for an exemption from testing in § 16.220 of this subchapter;
(6) Proof, documented on a form provided by the Coast Guard, that the applicant passed all applicable vision,
hearing, medical, and/or physical
exams as required by § 10.215 of this
part;
(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;
(8) Except as provided in paragraph
(d)(8)(viii) of this section, the applicant
must meet the following professional
requirements for renewal:
(i) The applicant must either—
(A) Present evidence of at least one
year of sea service during the past five
years;
(B) Pass a comprehensive, open-book
exercise covering the general subject
matter contained in appropriate sections of subpart (I) of this part;
(C) Complete an approved refresher
training course; or
(D) Present evidence of employment
in a position closely related to the operation, construction, or repair of vessels (either deck or engineer as appropriate) for at least three years during
the past five 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.
(ii) The qualification requirements
for renewal of radar observer endorsement are in § 11.480 of this chapter.
(iii) Additional qualification requirements for renewal of an officer endorsement as first-class pilot are contained
in § 11.713 of this chapter.
(iv) An applicant for renewal of a
radio officer’s endorsement must, in
addition to meeting the requirements
of this section, present evidence of a
currently valid license as first or second-class
radiotelegraph
operator
issued by the Federal Communications
Commission. If submitted, the original
license will be returned to the applicant.
(v) 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
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.
(vi) An applicant for renewal of an
endorsement as master or mate (pilot)
of towing vessels must submit satisfactory evidence of:
(A) Having completed a practical
demonstration of maneuvering and
handling a towing vessel to the satisfaction of a designated examiner; or
(B) Ongoing participation in training
and drills during the validity of the license or MMC being renewed.
(vii) An applicant seeking to renew a
tankerman endorsement must meet the
additional requirements listed in
§ 13.120 of this chapter.
(viii) There are no professional requirements for renewal for the following endorsements:
(A) Radio officer;
(B) Staff officers (all types);
(C) Ordinary seaman;
(D) Wiper;
(E) Steward’s department (F.H.);
(F) Cadet;
(G) Student observer;
(H) Apprentice engineer;
(I) Apprentice mate (issued under
part 12 of this subchapter);
(J) Person in charge of medical care;
(K) Medical first-aid provider;
(L) GMDSS at-sea maintainer; and
(M) GMDSS operator.
(9) Except as otherwise provided,
each candidate for a renewal of an
STCW endorsement must meet the applicable requirements of § 11.202 of this
chapter and must meet the requirements of section A–VI/2, paragraphs 1
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Coast Guard, DHS
§ 10.229
to 4 of the STCW Code (incorporated by
reference in § 10.103).
(e) Document of continuity. (1) Applicants for renewal 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 § 10.215,
drug tests, 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 paragraph (d).
(2) Applications for a document of
continuity must include:
(i) The credential to be renewed.
Upon written request, the Coast Guard
will return the credential to the applicant after it has been cancelled; and
(ii) An application including a signed
statement from the applicant attesting
to an awareness of the limited purpose
of the Document of Continuity, their
inability to serve, and the requirements to obtain an MMC.
(f) Administrative grace period. Except
as provided herein, a credential may
not be renewed more than 12 months
after it has expired. To obtain a reissuance of the credential, an applicant
must comply with the requirements of
paragraph (g) 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.
(g) Re-issuance of expired credentials.
(1) Whenever an applicant applies for
re-issuance of an endorsement as deck
officer, engineer officer, or qualified
rating more than 12 months after expiration, instead of the requirements of
paragraph (d)(8) of this section, the applicant must demonstrate continued
professional knowledge by completing
a course approved for this purpose, or
by passing the complete examination.
The examination may be oral-assisted
if the expired credential was awarded
on an oral exam. The fees set forth in
§ 10.219 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
shall 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.
[USCG–2006–24371, 74 FR 11216, Mar. 16, 2009,
as amended by USCG–2006–24371, 74 FR 39218,
Aug. 6, 2009]
§ 10.229 Issuance of duplicate merchant mariner credentials.
(a) Upon request and without examination, a mariner may be issued a duplicate credential after submitting an
application with an affidavit describing
the circumstances of the loss. The
Coast Guard will only issue the duplicate credential after confirming the
validity of the mariner’s credential
and, beginning April 15, 2009, the validity of the mariner’s TWIC.
(b) The duplicate will have the same
authority, wording, and expiration
date as the lost credential. A duplicate
credential will reference the serial
number, type, place of issue, and date
of issue of the replaced credential(s).
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
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§ 10.231
46 CFR Ch. I (10–1–11 Edition)
match the earliest expiration date of
the credentials lost.
(c) If a person loses a credential by
shipwreck or other casualty, a duplicate 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 § 10.219 must be paid.
(e) No application from an alien for a
duplicate credential will be accepted
unless the alien complies with the requirements of § 10.221 of this part.
(f) Applications for duplicate credentials will not be subject to a criminal
record review.
§ 10.231 Requirements for raises
grade or new endorsements.
of
(a) This section applies to applicants
who already hold a valid credential and
want to make the following transaction(s):
(1) Add a new endorsement; or
(2) Raise of grade of an existing endorsement.
(b) New endorsements or raises of
grade of existing endorsements on an
MMC under this section will not
change the expiration date of the MMC
unless the applicant renews all endorsements that appear on the MMC
under § 10.227 of this part.
(c) A complete application for a new
endorsement or raise of grade must
contain the following:
(1) A completed, signed application;
(2) Beginning April 15, 2009, proof
that the mariner holds a valid TWIC;
(3) All supplementary materials required to show that the mariner meets
the mandatory requirements for the
new endorsement(s) sought;
(i) The mandatory requirements for
officer endorsements are contained in
part 11 of this chapter and paragraph
(d) of this section.
(ii) The mandatory requirements for
rating endorsements are contained in
part 12 of this chapter.
(iii) The mandatory requirements for
tankerman rating endorsements are
contained in part 13 of this chapter.
(iv) The mandatory requirements for
STCW endorsements are contained in
parts 11 and 12 of this chapter and in
the STCW Convention and Code (incorporated by reference, see § 10.103).
(4) The appropriate fee as set forth in
§ 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. 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;
(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 § 16.220 of this
subchapter:
(i) Any officer endorsement; and
(ii) The first endorsement as able
seaman, lifeboatman, qualified member
of
the
engine
department,
or
tankerman.
(7) An applicant for an endorsement
where sea service is required must
produce discharges or other documentary evidence of service, indicating the
name, tonnage, and horsepower of the
vessels, dates of service, capacity in
which the applicant served, and on
what waters;
(8) Applicants who have not submitted evidence within the past three
years that they have passed all applicable vision, hearing, medical, and/or
physical exams required in § 10.215 for
the particular endorsement sought
must submit proof, on a Coast Guardapproved form, that the applicant has
passed those medical/physical tests and
exams; and
(9) Consent to a Coast Guard check of
the NDR for offenses described in section 205(a)(3)(A) or (B) of the National
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Coast Guard, DHS
§ 10.235
Driver Register Act of 1982, as amended.
(d) Additional requirements for an
applicant seeking a raise of grade of an
officer endorsement:
(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; service acquired before the issuance of such officer endorsements will, therefore, be accepted.
(2) No raise of grade may be issued to
any naturalized citizen on less experience in any grade than would have
been required of a citizen of the United
States by birth.
(3) Experience and service acquired
on foreign vessels while holding a valid
U.S. officer endorsement is creditable
for establishing eligibility for a raise of
grade, 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 the qualifying experience on
foreign vessels shall submit satisfactory documentary evidence of such
service (including any necessary translations into English) in the forms prescribed by paragraph (c)(7) of this section.
(4) 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 the applicant’s 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 im-
posed under part 5 of this chapter is effective against the applicant’s credential or while an appeal from these actions is pending.
(5) Professional examination. (i) When
the Coast Guard finds an applicant’s
experience and training for raise of
grade to be 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
§ 11.205(f) of this chapter. The Coast
Guard will place in the applicant’s file
a record indicating the subjects covered.
(iii) The general instructions for administration of examinations and the
lists of subjects for all officer endorsements appear in part 11, subpart I of
this chapter.
§ 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.
§ 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
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§ 10.237
46 CFR Ch. I (10–1–11 Edition)
§§ 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 §§ 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, the mariner will
be issued 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, the renewal of the credential
or endorsement will be withheld until
expiration of the suspension period.
(f) 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
§ 10.227(d)(8)(vi)(A).
(g) Beginning April 15, 2009, 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 by
the Coast Guard as proof that the mariner is not eligible for an MMC, license,
MMD or COR.
(h) Beginning April 15, 2009, 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]
§ 10.237 Right of appeal.
(a) If the Coast Guard refuses to
grant an applicant an MMC or endorsement, a written statement listing the
reason(s) for denial will be provided to
the applicant.
(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.
§ 10.239 Quick reference table for
MMC requirements.
Table 10.239 provides a guide to the
requirements for officer endorsements.
Provisions in the reference section are
controlling.
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§ 10.239
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ER16MR09.000
125
Pt. 11
46 CFR Ch. I (10–1–11 Edition)
11.109–11.113
PART 11—REQUIREMENTS FOR
OFFICER ENDORSEMENTS
[Reserved]
Subpart B—General Requirements for
Officer Endorsements
Subpart A—General
11.201 Eligibility for officer endorsements
and STCW endorsements, general.
11.202 STCW endorsements.
11.203–204 [Reserved]
11.205 Requirements for original officer endorsements and STCW endorsements.
Sec.
11.101 Purpose of regulations.
11.102 Incorporation by reference.
11.103–11.105 [Reserved]
11.107 Paperwork approval.
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126
Coast Guard, DHS
Pt. 11
11.207–11.210 [Reserved]
11.211 Creditable service and equivalents for
officer endorsements.
11.213 Sea service as a member of the Armed
Forces of the United States and on vessels owned by the United States as qualifying experience.
11.215 [Reserved]
11.217 Examination procedures and denial of
officer endorsements.
11.219–11.223 [Reserved]
Subpart C—Training Schools With
Approved Courses
11.301 Applicability.
11.302 Course approval.
11.303 General standards.
11.304 Substitution of training for required
service, use of training-record books, and
use of towing officer assessment records.
11.305 Radar-Observer
certificates
and
qualifying courses.
11.306 [Reserved]
11.307 Training schools with approved radar
observer courses.
11.309 Coast Guard-accepted training other
than approved courses.
Subpart D—Professional Requirements for
Deck Officers
11.401 Ocean and near-coastal officer or
STCW endorsements.
11.402 Tonnage requirements for ocean or
near coastal endorsements for vessels of
over 1600 gross tons.
11.403 Structure of deck officer endorsements.
11.404 Service requirements for master of
ocean or near coastal steam or motor
vessels of any gross tons.
11.405 Service requirements for chief mate
of ocean or near coastal steam or motor
vessels of any gross tons.
11.406 Service requirements for second mate
of ocean or near coastal steam or motor
vessels of any gross tons.
11.407 Service requirements for third mate
of ocean or near coastal steam or motor
vessels of any gross tons.
11.410 Requirements for deck officer endorsements for vessels of not more than
1600 gross tons.
11.412 Service requirements for master of
ocean or near coastal steam or motor
vessels of not more than 1600 gross tons.
11.414 Service requirements for mate of
ocean steam or motor vessels of not more
than 1600 gross tons.
11.416 Service requirements for mate of near
coastal steam or motor vessels of not
more than 1600 gross tons.
11.418 Service requirements for master of
ocean or near coastal steam or motor
vessels of not more than 500 gross tons.
11.420 Service requirements for mate of
ocean steam or motor vessels of not more
than 500 gross tons.
11.421 Service requirements for mate of near
coastal steam or motor vessels of not
more than 500 gross tons.
11.422 Tonnage limitations and qualifying
requirements for endorsements as master
or mate of vessels of not more than 200
gross tons.
11.424 Service requirements for master of
ocean steam or motor vessels of not more
than 200 gross tons.
11.426 Service requirements for master of
near coastal steam or motor vessels of
not more than 200 gross tons.
11.427 Service requirements for mate of near
coastal steam or motor vessels of not
more than 200 gross tons.
11.428 Service requirements for master of
near coastal steam or motor vessels of
not more than 100 gross tons.
11.429 Service requirements for limited
master of near coastal steam or motor
vessels of not more than 100 gross tons.
11.430 Endorsements for the Great Lakes
and inland waters.
11.431 Tonnage requirements for Great
Lakes and inland endorsements for vessels of over 1600 gross tons.
11.433 Service requirements for master of
Great Lakes and inland steam or motor
vessels of any gross tons.
11.435 Service requirements for master of
inland steam or motor vessels of any
gross tons.
11.437 Service requirements for mate of
Great Lakes and inland steam or motor
vessels of any gross tons.
11.442 Service requirements for master of
Great Lakes and inland steam or motor
vessels of not more than 1600 gross tons.
11.444 Service requirements for mate of
Great Lakes and inland steam or motor
vessels of not more than 1600 gross tons.
11.446 Service requirements for master of
Great Lakes and inland steam or motor
vessels of not more than 500 gross tons.
11.448 Service requirements for mate of
Great Lakes and inland steam or motor
vessels of not more than 500 gross tons.
11.450 Tonnage limitations and qualifying
requirements for endorsements as master
or mate of Great Lakes and inland vessels of not more than 200 gross tons.
11.452 Service requirements for master of
Great Lakes and inland steam or motor
vessels of not more than 200 gross tons.
11.454 Service requirements for mate of
Great Lakes and inland steam or motor
vessels of not more than 200 gross tons.
11.455 Service requirements for master of
Great Lakes and inland steam or motor
vessels of not more than 100 gross tons.
11.456 Service requirements for limited
master of Great Lakes and inland steam
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Pt. 11
46 CFR Ch. I (10–1–11 Edition)
or motor vessels of not more than 100
gross tons.
11.457 Service requirements for master of
inland steam or motor vessels of not
more than 100 gross tons.
11.459 Service requirements for master or
mate of rivers.
11.462 Endorsements for master or mate of
uninspected fishing industry vessels.
11.463 General requirements for endorsements as master, mate (pilot), and apprentice mate (steersman) of towing vessels.
11.464 Requirements for endorsements as
master of towing vessels.
11.465 Requirements for endorsements as
mate (pilot) of towing vessels.
11.466 Requirements for endorsements as
apprentice mate (steersman) of towing
vessels.
11.467 Endorsement
as
operators
of
uninspected passenger vessels of less
than 100 gross tons.
11.468 Officer endorsements for mobile offshore drilling units.
11.470 Officer endorsements as offshore installation manager.
11.472 Officer endorsements as barge supervisor.
11.474 Officer endorsements as ballast control operator.
11.476 [Reserved]
11.480 Radar observer.
11.482 Assistance towing.
11.491 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
Engineer Officer
11.520 Service requirements for chief engineer (limited near coastal) of steam and/
or motor vessels.
11.522 Service requirements for assistant
engineer (limited oceans) of steam and/or
motor vessels.
11.524 Service requirements for designated
duty engineer of steam and/or motor vessels.
11.530 Endorsements
for
engineers
of
uninspected fishing industry vessels.
11.540 Endorsements for engineers of mobile
offshore drilling units.
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 Engineer (OSV).
Subpart F—Credentialing of Radio Officers
11.601 Applicability.
11.603 Requirements for radio officers’ endorsements and STCW endorsements for
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
11.501 Grade and type of engineer endorsements issued.
11.502 Additional requirements for engineer
endorsements.
11.503 Horsepower limitations.
11.504 Application of deck service for limited engineer endorsements.
11.505 Engineer officer structure.
11.510 Service requirements for chief engineer of steam and/or motor vessels.
11.512 Service requirements for first assistant engineer of steam and/or motor vessels.
11.514 Service requirements for second assistant engineer of steam and/or motor
vessels.
11.516 Service requirements for third assistant engineer of steam and/or motor vessels.
11.518 Service requirements for chief engineer (limited-oceans) of steam and/or
motor vessels.
11.801 Applicability.
11.803 [Reserved]
11.805 General requirements.
11.807 Experience requirements for registry.
11.809 [Reserved]
11.811 Requirements to qualify for an STCW
endorsement as vessel security officer.
Subpart I—Subjects of Examinations and
Practical Demonstrations of Competence
11.901 General provisions.
11.903 Licenses requiring examinations.
11.910 Subjects for deck officer endorsements.
11.920 Subjects for MODU endorsements.
11.950 Subjects for engineer endorsements.
Subpart J—Ro-Ro Passenger Ships
11.1001
11.1003
Purpose of regulations.
Definition.
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Coast Guard, DHS
11.1005
§ 11.102
General requirements for officers.
Subpart K—Officers on a Passenger Ship,
Other Than a Ro-Ro Passenger Ship,
When on an International Voyage
11.1101 Purpose of rules.
11.1103 Definitions.
11.1105 General requirements for officer’s
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: CGD 81–059, 52 FR 38623, Oct. 16,
1987, unless otherwise noted. Redesignated
by USCG–2006–24371, 74 FR 11216, Mar. 16,
2009.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended by CGD 95–062, 62 FR 34528, June 26,
1997; USCG–2006–24371, 74 FR 11235, Mar. 16,
2009]
Subpart A—General
§ 11.101
acteristics; proper operation of the installed navigation equipment; firefighting and lifesaving equipment; stability and loading characteristics;
emergency duties; and main propulsion
and auxiliary machinery, including
steering gear systems and controls.
(c) The regulations in subpart C of
this part prescribe the requirements
applicable to—
(1) Each approved training course, if
the training course is to be acceptable
as a partial substitute for service or for
a required examination, or as training
required for a particular officer endorsement; and
(2) All training and assessment associated with meeting the standards of
competence established by STCW.
Purpose of regulations.
(a) These regulations 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,
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 radio operator, in accordance with the provisions of the International Convention on Standards of
Training,
Certification
and
Watchkeeping for Seafarers, 1978, as
amended (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 their duties. As appropriate, these characteristics include
but are not limited to: general arrangement of the vessel; maneuvering char-
§ 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
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/federallregister/
codeloflfederallregulations/
ibrllocations.html. Also, it is available
for inspection at the Coast Guard, Office of Operating and Environmental
Standards (CG–5221), 2100 2nd St. SW.,
Stop 7126, Washington, DC 20593–7126,
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 1995 (the STCW Convention
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§§ 11.103–11.105
46 CFR Ch. I (10–1–11 Edition)
or the STCW), approved for incorporation by reference in §§ 11.202, 11.304,
11.901, 11.903, 11.1005, and 11.1105.
(2) The Seafarers’ Training, Certification and Watchkeeping Code, as
amended 1995 (the STCW Code), approved for incorporation by reference
in §§ 11.202, 11.304, 11.603, 11.901, 11.903,
11.1005, and 11.1105.
[USCG–2006–24371, 74 FR 11235, Mar. 16, 2009,
as amended by USCG–2006–24371, 74 FR 39218,
Aug. 6, 2009; USCG–2009–0702, 74 FR 49224,
Sept. 25, 2009]
§§ 11.103–11.105
§ 11.107
[Reserved]
Paperwork approval.
(a) This section lists the control
numbers assigned by the Office of Management and Budget under the Paperwork Reduction Act of 1980 (Pub. L. 96–
511) for the reporting and record keeping requirements in this part.
(b) The following control numbers
have been assigned to the sections indicated:
(1) OMB 1625–0040–46 CFR 11.201,
11.202, 11.205, 11.470, 11.472, 11.474, 11.542,
and 11.544.
(2) OMB 1625–028–46 CFR 11.302, 11.303,
11.304, 11.480.
(3) OMB 1625–0079–46 CFR 11.304 and
11.309.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended at 54 FR 133, Jan. 4, 1989; CGD 81–
059a, 55 FR 14799, Apr. 18, 1990; CGD 95–062, 62
FR 34529, June 26, 1997; USCG-2004–18884, 69
FR 58342, Sept. 30, 2004; USCG–2006–24371, 74
FR 11235, Mar. 16, 2009]
§§ 11.109–11.113
[Reserved]
Subpart B—General Requirements
for Officer Endorsements
§ 11.201 Eligibility for officer endorsements and STCW endorsements,
general.
(a) In addition to the requirements of
part 10 of this chapter, 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 references
and recommendations, physical health,
citizenship, approved training, passage
of a professional examination, a test
for dangerous drugs, and when required
by this part, a practical demonstration
of skills) before the Coast Guard will
issue a merchant mariner credential
(MMC).
(b) Except as provided in § 11.467(h) 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) An applicant for an officer endorsement must have at least three
months of qualifying service on vessels
of appropriate tonnage or horsepower
within the three years immediately
preceding the date of application.
(d) 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) 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 of
this chapter:
(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, inland, or river vessels of 25–200 GRT;
(ii) Third mate;
(iii) Third assistant engineer;
(iv) Mate of vessels of 200–1,600 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
oceans); or
(xi) Designated duty engineer of vessels of not more than 4,000 horsepower.
(2) An endorsement may be granted
to an applicant who has reached the
age of 18 years as:
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Coast Guard, DHS
§ 11.202
(i) Limited master of near-coastal
vessels of not more than 100 GRT;
(ii) Limited master of Great Lakes
and inland vessels of not more 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 not more than 1,000 horsepower;
or
(vii) Apprentice mate (steersman) of
towing vessels.
(f) 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 where required, are such
as to qualify them for service in that
profession. Any physical impairment or
medical condition which would render
an applicant incompetent to perform
the ordinary duties required of an officer at sea is cause for denial of an officer endorsement.
(g) Applications for an original officer’s endorsement, raises of grade, extensions of route, or STCW endorsements 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.
(h) Applicants for an endorsement as
OUPV must meet the requirements for
an officer endorsement.
(i) The Officer in Charge, Marine Inspection (OCMI), may modify the service and examination requirements in
this part to satisfy the unique qualification requirements of an applicant.
The OCMI 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. These restrictions may not be removed without
the approval of the OCMI issuing the license or officer endorsement.
[USCG–2006–24371, 74 FR 11235, Mar. 16, 2009]
§ 11.202
STCW endorsements.
(a) General. When an original MMC is
issued, renewed, upgraded, or otherwise
modified, the OCMI will determine
whether the applicant needs to have an
STCW endorsement for service on a
seagoing vessel and then, if the applicant is qualified, will issue the appropriate endorsement. The OCMI will
also issue an STCW endorsement at
other times, if circumstances so require and if the applicant is qualified
to hold the endorsement.
(b) Basic safety training or instruction.
Except as provided in paragraph (f) of
this section, an STCW endorsement
will be issued only when the candidate
provides evidence of having achieved
or, if training has been completed, having maintained the minimum standards of competence for the following
four areas of basic safety within the
previous five years upon assessment of
a practical demonstration of skills and
abilities:
(1) Personal survival techniques as
set out in table A–VI/1–1 of the STCW
Code (incorporated by reference, see
§ 11.102).
(2) Fire prevention and firefighting as
set out in table A–VI/1–2 of the STCW
Code (incorporated by reference, see
§ 11.102).
(3) Elementary first aid as set out in
table A–VI/1–3 of the STCW Code (incorporated by reference, see § 11.102).
(4) Personal safety and social responsibilities as set out in table A–VI/1–4 of
the STCW Code (incorporated by reference, see § 11.102).
(c) Competence in the use of Automatic
Radar-Plotting Aids (ARPA). (1) Subject
to paragraphs (c)(2) and (f) of this section, each candidate for an STCW endorsement as master or mate for service on vessels in ocean or near-coastal
service must present a certificate of
completion from an approved course or
from accepted training on an ARPA
simulator. The course or training must
be sufficient to establish that the applicant is competent to maintain safe
navigation through the proper use of
ARPA by correctly interpreting and
analyzing the information obtained
from that device and taking into account both the limitations of the
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§ 11.202
46 CFR Ch. I (10–1–11 Edition)
equipment and the prevailing circumstances and conditions. The simulator used in the course or training
must meet or exceed the performance
standards established under STCW
Regulation I/12 (incorporated by reference, see § 11.102).
(2) Training and assessment in the
use of ARPA are not required for mariners serving exclusively on vessels not
fitted with ARPA. However, when any
mariner so serving has not completed
it, his or her STCW endorsement will
indicate this limitation.
(d) Endorsement for operator of radio in
the Global Maritime Distress and Safety
System (GMDSS). (1) Subject to paragraphs (d)(2) and (f) of this section,
each candidate for an STCW endorsement as master or mate for service on
vessels in ocean or near-coastal service
shall present:
(i) A certificate for operator of radio
in the GMDSS issued by the Federal
Communications Commission (FCC);
and
(ii) A certificate of completion from
a Coast Guard-approved or accepted
course for operator of radio in the
GMDSS or from another approved or
accepted program of training and assessment covering the same areas of
competence. The course or program
must be sufficient to establish that the
applicant is competent to perform
radio duties on a vessel participating
in the GMDSS and meets the standard
of competence under STCW Regulation
IV/2 (incorporated by reference, see
§ 11.102).
(2) Paragraph (d)(1) of this section
does not apply to a candidate intending
to serve only as a pilot or intending to
serve only on vessels not required to
comply with the provisions of the
GMDSS in Chapter IV of the Convention for the Safety of Life at Sea, 1974,
as amended (SOLAS). SOLAS is available from the International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR, England, telephone: + 44 (0)20 7735 7611, http://
www.imo.org.
(3) Each candidate presenting a certificate described in paragraph (d)(1) of
this section may receive a GMDSS endorsement.
(e) Procedures for bridge team work.
Except as otherwise provided in para-
graph (f) of this section, each candidate
for an STCW endorsement as master or
mate for service on vessels in ocean or
near-coastal service must present sufficient documentary proof that he or she
understands, and can effectively apply
procedures for, bridge team work as an
essential aspect of maintaining a safe
navigational watch, taking into account the principles of bridge-resource
management enumerated in Section B–
VIII/2 of the STCW Code.
(f) Notwithstanding paragraph (b)
through (e) of this section, § 11.304, and
§ 11.901, each mariner found qualified to
hold any of the following officer endorsements will also be entitled to hold
an STCW endorsement corresponding
to the service or other limitations on
the MMC, because the vessels concerned are not subject to further obligation under STCW because of their
special operating conditions as small
vessels engaged in domestic 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 gross register tons
(GRT), other than passenger vessels
subject to subchapter H of this chapter.
(g) No mariner serving on, and no
owner or operator of any of the following vessels, need hold an STCW endorsement, because they are exempt
from application of STCW:
(1) Uninspected passenger vessels as
defined in 46 U.S.C. 2101(42).
(2) Fishing vessels as defined in 46
U.S.C. 2101(11)(a).
(3) Fishing vessels used as fish-tender
vessels as defined in 46 U.S.C.
2101(11)(c).
(4) Barges as defined in 46 U.S.C.
2101(2), including non-self-propelled
mobile offshore drilling units.
(5) Vessels operating exclusively on
the Great Lakes or on the inland waters of the U.S. in the Straits of Juan
de Fuca inside passage.
[USCG–2006–24371, 74 FR 11236, Mar. 16, 2009]
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Coast Guard, DHS
§§ 11.203–11.204
§ 11.205
[Reserved]
§ 11.205 Requirements for original officer endorsements and STCW endorsements.
(a) General. In addition to the requirements in part 10 of this chapter
and §§ 11.201 through 11.203 of this part,
the applicant for an original officer endorsement must also satisfy the requirements of this section.
(b) Experience or training. (1) All applicants for original officer or STCW
endorsements shall present to the
OCMI letters, discharges, or other documents certifying the amount and
character of their experience and the
names, tonnage, and horsepower of the
vessels on which acquired. The OCMI
must be satisfied as to the authenticity
and acceptability of all evidence of experience or training presented. Certificates of discharge are returned to the
applicant. The OCMI shall note on the
application that service represented by
these documents has been verified. All
other documentary evidence of service,
or authentic copies thereof, is filed
with the application. An MMC is not
considered as satisfactory evidence of
any qualifying experience.
(2) No original officer or STCW 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.
(3) Experience and service acquired
on foreign vessels is creditable for establishing eligibility for an original officer or STCW endorsement, subject to
evaluation by the OCMI to determine
that it is a fair and reasonable equivalent to service acquired on merchant
vessels of the United States, with respect to grade, tonnage, horsepower,
waters, and operating conditions. An
applicant who has obtained qualifying
experience on foreign vessels shall submit satisfactory documentary evidence
of such service (including any necessary translation into English) in the
forms prescribed by paragraph (b)(1) of
this section.
(4) No applicant for an original officer or STCW 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.
(c) Character check and references. (1)
Each applicant for an original officer
or STCW endorsement must submit
written recommendations concerning
the applicant’s suitability for duty
from a master and two other individuals holding officer endorsements or licenses on vessels on which the applicant has served.
(i) For an officer endorsement as engineer or as pilot, at least one of the
recommendations must be from the
chief engineer or pilot, respectively, of
a vessel on which the applicant has
served.
(ii) For an officer endorsement as engineer where service was obtained on
vessels not carrying a credentialed engineer and for an officer endorsement
as master or mate (pilot) of towing vessels, the recommendations may be by
recent marine employers with at least
one recommendation from a master,
operator, or person in charge of a vessel upon which the applicant has
served.
(iii) For an officer endorsement as
offshore installation manager, barge
supervisor, or ballast control operator,
at least one recommendation must be
from an offshore installation manager
of a unit on which the applicant has
served.
(iv) Where an applicant qualifies for
an endorsement through an approved
training school or program, one of the
character references must be an official of that school or program.
(v) For an endorsement for which no
commercial experience may be required, such as master or mate 25–200
gross tons, OUPV, radio officer, or certificate of registry, the applicant may
have the written recommendations of
three persons who have knowledge of
the applicant’s suitability for duty.
(vi) A person may apply for an original officer or STCW 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
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§ 11.205
46 CFR Ch. I (10–1–11 Edition)
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 when a
suspension without probation or a revocation is effective against the applicant’s currently held license, merchant
mariner’s document, or MMC, or while
an appeal from these actions is pending.
(vii) If an original license, certificate
of registry, or officer endorsement has
been issued when information about
the applicant’s habits of life and character is brought to the attention of the
OCMI, if such information warrants the
belief that the applicant cannot be entrusted with the duties and responsibilities of the license, certificate of registry, or endorsement issued, or if such
information indicates that the application for the license, certificate of registry, or endorsement was false or incomplete, the OCMI may notify the
holder in writing that the license, certificate of registry, or endorsement is
considered null and void, direct the
holder to return the credential to the
OCMI, and advise the holder that, upon
return of the credential, the appeal
procedures of § 10.237 of this chapter
apply.
(d) Firefighting certificate. Applicants
for officer endorsements in the following categories must present a certificate of completion from a firefighting course of instruction which
has been approved by the Commandant.
The course must meet both the basic
and advanced sections of the International
Maritime
Organization’s
(IMO) Resolution A.437 (XI) Training of
Crews in Firefighting. (Available from
the International Maritime Organization
(IMO), 4 Albert Embankment, London
SE1 7SR, England, telephone: + 44 (0)20
7735
7611,
http://www.imo.org).
The
course must have been completed within five years before the date of application for the officer endorsement requested.
(1) Officer endorsement as master on
vessels of 200 GRT or less in ocean service.
(2) Officer endorsements as master or
mate on vessels of more than 200 GRT.
(3) All officer endorsements for master or mate (pilot) of towing vessels,
except apprentice mate (steersman) of
the vessels, on oceans.
(4) All officer endorsements for
MODUs.
(5) All officer endorsements for engineers.
(e) First aid and cardiopulmonary resuscitation (CPR) course certificates. All
applicants for an original officer endorsement, except as provided in
§§ 11.429, 11.456, and 11.467 of this part,
must present to the OCMI:
(1) A certificate indicating completion of a first aid course not more than
one year from the date of application
from:
(i) The American National Red Cross
Standard First Aid and Emergency Care
or Multi-media Standard First Aid course;
(ii) A Coast Guard-approved first aid
training course; or
(iii) A course the OCMI determines
meets or exceeds the standards of the
American Red Cross courses; and
(2) A currently valid certificate of
completion of a CPR course from either:
(i) The American National Red Cross;
(ii) The American Heart Association;
(iii) A Coast Guard-approved CPR
training course; or
(iv) A course the OCMI determines
meets or exceeds the standards of the
American Red Cross or American Heart
Association courses.
(f) Professional Examination. (1) When
the OCMI finds the applicant’s experience and training to be satisfactory
and the applicant is eligible in all
other respects, the OCMI will authorize
the examination in accordance with
the following requirements:
(i) Any applicant for a deck or engineer officer endorsement limited to
vessels not exceeding 500 GRT, or an officer
endorsement
limited
to
uninspected fishing-industry vessels,
may request an oral-assisted examination in lieu of any written or other textual examination. If there are textual
questions that the applicant has difficulty reading and understanding, the
OCMI will offer the oral-assisted examination. Each officer endorsement
based on an oral-assisted examination
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Coast Guard, DHS
§ 11.211
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 OCMI will place in the applicant’s
file a record indicating the subjects
covered.
(2) When the application of any person has been approved, the applicant
should take the required examination
as soon as practicable. If the applicant
cannot be examined without delay at
the office where the application is
made, the applicant may request that
the examination be given at another
office.
(3) The qualification requirements
for radar observer are contained in
§ 11.480 of this part.
(4) An examination is not required
for a staff officer or radio officer endorsement.
(g) Practical demonstration of skills.
Each candidate for an original STCW
endorsement must successfully complete any practical demonstrations required under this part and appropriate
to the particular endorsement concerned, to prove that he or she is sufficiently proficient in skills required
under subpart I of this part. The OCMI
must be satisfied with the authenticity
and acceptability of all evidence that
each candidate has successfully completed the demonstrations required
under this part in the presence of a designated examiner. The OCMI will place
a written or electronic record of the
skills required, the results of the practical demonstrations, and the identification of the designated examiner in
whose presence the requirements were
fulfilled in the file of each candidate.
[USCG–2006–24371, 74 FR 11237, Mar. 16, 2009]
§§ 11.207–11.210
[Reserved]
§ 11.211 Creditable service and equivalents for officer endorsements.
(a) Sea service may be documented
for the purposes of this part in various
forms such as certificates of discharge,
pilotage service and billing forms, and
letters or other official documents
from marine companies signed by appropriate officials, or individuals hold-
ing an officer endorsement or license
as master. For service on vessels of
under 200 gross tons, owners of vessels
may attest to their own service; however, those who do not own a vessel
must obtain letters or other evidence
from licensed personnel or the owners
of the vessels listed. The documentary
evidence produced by the applicant
must contain the amount and nature
(e.g. chief mate. assistant engineer,
etc.) of the applicant’s experience, the
vessel name, gross tonnage, shaft
horsepower and official numbers, the
routes upon which the experience was
acquired, and approximate dates of
service.
(b) Port engineer, shipyard superintendent experience, instructor service, or similar related service may be
creditable for a maximum of six
months of service for raise of grade of
an engineer or deck officer endorsement, as appropriate, using the following:
(1) Port engineer or shipyard superintendent experience is creditable on a
three-for-one basis for a raise of grade.
(Twelve months of experience equals
four months of creditable service.)
(2) Service as a bona fide instructor
at a school of navigation or marine engineering is creditable on a two-for-one
basis for a raise of grade. (Twelve
months of experience equals six
months of creditable service).
(c) Service on mobile offshore drilling units is creditable for raise of grade
of officer endorsement. Evidence of one
year’s service as mate or equivalent
while holding a license as third mate,
or as engineering officer of the watch
or equivalent while holding 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, nonrestricted officer licenses
or endorsements must include a minimum of six months of service on conventional vessels.
(d) Service on a Dual Mode Integrated Tug Barge (ITB) unit is creditable for original or raise of grade of
any deck officer endorsement. Service
on a Dual Mode ITB with an aggregate
tonnage of over 1600 gross tons is creditable on a two-for-one basis (two days
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§ 11.213
46 CFR Ch. I (10–1–11 Edition)
experience equals one day of creditable
service) for up to 50 percent of the total
service on vessels over 1600 gross tons
required for an unlimited officer endorsement. The remaining required
service on vessels of over 1600 gross
tons must be obtained on conventional
vessels or Push Mode ITBs.
(e) Other experience in a marine related area, other than at sea, or sea
service performed on unique vessels,
will be evaluated by the OCMI and forwarded to the Commandant for a determination of equivalence to traditional
service.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended at 54 FR 135, Jan. 4, 1989; USCG–
2006–24371, 74 FR 11238, Mar. 16, 2009]
§ 11.213 Sea service as a member of the
Armed Forces of the United States
and on vessels owned by the United
States as qualifying experience.
(a) Sea service as a member of the
Armed Forces of the United States will
be accepted as qualifying experience
for an original, raise of grade, or increase in scope of all officer 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 as verification of the
service claimed when the application is
submitted. The applicant must also
provide the Officer in Charge, Marine
Inspection other necessary information
as to tonnage, routes, horsepower, percentage of time underway, and assigned duties upon the vessels which he
or she served. Such service will be evaluated by the OCMI and forwarded to
the Commandant for a determination
of its equivalence to sea service acquired on merchant vessels and the appropriate grade, class, and limit of officer endorsement for which the applicant is eligible. Normally, 60 percent of
the total time on board is considered
equivalent underway service; however,
the periods of operation of each vessel
may be evaluated separately. In order
to be eligible for a master’s or chief engineer’s unlimited officer endorsement,
the applicant must have acquired military service in the capacity of com-
manding officer or engineer officer, respectively.
(b) Service in deck ratings on military vessels such as seaman apprentice,
seaman, boatswain’s mate, quartermaster, or radarman are considered
deck service for 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.
(c) In addition to underway service,
members of the Armed Forces may obtain creditable service for periods of
assignment to vessels at times other
than underway, such as in port, at anchor, or in training. Normally, a 25%
factor is applied to these time periods.
This experience can be equated with
general shipboard familiarity, training,
ship’s business, and other related duties.
(d) Sea service obtained on submarines is creditable, as if it were surface vessel service, for deck and engineer officer endorsements under the
provision of paragraph (a) of this section. For application to deck officer
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 four years’ total service were
submitted for an original officer endorsement, at least one year must have
been obtained on surface craft in order
for the submarine service to be eligible
for evaluation).
(e) Service gained in a civilian capacity as commanding officer, master,
mate, engineer, or pilot, etc., of any
vessel owned and operated by the
United States, in any service, in which
a license or officer endorsement as
master, mate, engineer, or pilot was
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Coast Guard, DHS
§ 11.302
not required at the time of such service, is evaluated by the OCMI and forwarded to the National Maritime Center for a determination of equivalence.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended by USCG–2008–0906, 73 FR 56508,
Sept. 29, 2008; USCG–2006–24371, 74 FR 11238,
Mar. 16, 2009]
§ 11.215
[Reserved]
§ 11.217 Examination procedures and
denial of officer endorsements.
(a)(1) The examinations for all deck
and engineer unlimited officer endorsements are administered at periodic intervals. The examination fee set out in
table 10.219(a) in § 10.219 of this chapter
must be paid before the applicant may
take the first examination section. If
an applicant fails three or more sections of the examination, a complete
reexamination must be taken, but may
be taken during any of the scheduled
exam periods. On the subsequent exam,
if the applicant again fails three or
more sections, at least 3 months must
lapse before another complete examination is attempted, and a new examination fee is required. If an applicant
fails one or two sections of an examination, the applicant may be retested
twice on these sections during the next
3 months. If the applicant does not successfully complete these sections within the 3 month period, complete reexamination must be taken after a lapse
of at least 3 months from the date of
the last retest, and a new examination
fee is required. The 3 month retest period may be extended by the OCMI if
the applicant presents discharges documenting sea time which prevented the
taking of a retest during the 3 month
period. The retest period may not be
extended beyond 7 months from the initial examination.
(2) The scheduling of all other deck
and engineer officer endorsement examinations will be at the discretion of
the OCMI. The examination fee set out
in table 10.219(a) in § 10.219 of this chapter must be paid before the applicant
may take the first examination section. In the event of a failure, the applicant may be retested twice whenever
the examination can be rescheduled
with the OCMI. The applicant must be
examined in all of the unsatisfactory
sections of the preceding examination.
If the applicant does not successfully
complete all parts of the examination
during a 3-month period from the initial test date, a complete reexamination must be taken after a lapse of at
least 2 months from the date of the last
retest, and a new examination fee is required.
(b) If the OCMI refuses to grant an
applicant the endorsement for which
applied due to failing to pass a required
examination, the Coast Guard will provide the applicant a written statement
setting forth the portions of the examination which must be retaken and the
date by which the examination must be
completed.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended at 54 FR 135, Jan. 4, 1989; CGD 91–
002, 58 FR 15238, Mar. 19, 1993; CGD 94–029, 61
FR 47064, Sept. 6, 1996; USCG–1997–2799, 64 FR
42815, Aug. 5, 1999; USCG–2006–24371, 74 FR
11239, Mar. 16, 2009]
§§ 11.219–11.223
[Reserved]
Subpart C—Training Schools with
Approved Courses
§ 11.301
Applicability.
This subpart prescribes the general
requirements applicable to all approved courses which may be accepted
in lieu of service experience or examination required by the Coast Guard, or
which satisfy course completion requirements.
§ 11.302
Course approval.
(a) The Coast Guard approves courses
satisfying regulatory requirements and
those that substitute for a Coast Guard
examination or a portion of a sea service requirement. The owner or operator
of a training school desiring to have a
course approved by the Coast Guard
shall submit a written request to the
Commanding Officer, National Maritime Center, NMC–42, 100 Forbes Drive,
Martinsburg WV 25404, that contains:
(1) A list of the curriculum including
a description of and the number of
classroom hours required in each subject;
(2) A description of the facility and
equipment;
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§ 11.303
46 CFR Ch. I (10–1–11 Edition)
(3) A list of instructors including the
experience, background, and the qualifications of each; and
(4) Specify the Coast Guard training
requirements the course is intended to
satisfy.
(b) The Coast Guard notifies each applicant in writing whether or not an
approval is granted. If a request for approval is denied, the Coast Guard informs the applicant the reasons for the
denial and describes what corrections
are required for an approval.
(c) Unless sooner surrendered, suspended or withdrawn, an approval for a
course at a training school that meets
Coast Guard standards expires 24
months after the month in which it is
issued, when the school closes, when
the school gives notice that it will no
longer offer the course, or on the date
of any change in the ownership of the
school for which it was issued, whichever occurs first.
(d) If the owner or operator of a
training school desires to have a course
approval renewed, they shall submit a
written request to the address listed in
paragraph (a) of this section. For the
request to be approved, the Coast
Guard must be satisfied that the content and quality of instruction remain
satisfactory. Unless sooner surrendered, suspended or withdrawn, a renewal of the approval expires 60
months after the month it is issued,
when the school closes, when the
school gives notice that it will no
longer offer the course, or on the date
of any change in ownership of the
school for which it is issued, whichever
occurs first.
(e) Suspension of approval. If the
Coast Guard determines that a specific
course does not comply with the provisions of 46 CFR parts 10, 11, 12, 13 or 15,
or the requirements specified in the
course approval; or substantially deviates from the course curriculum package as submitted for approval; or if the
course is being presented in a manner
that is insufficient to achieve learning
objectives; the cognizant OCMI may
suspend the approval, may require the
holder to surrender the certificate of
approval, if any, and may direct the
holder to cease claiming the course is
Coast Guard approved. The Cognizant
OCMI will notify the approval holder in
writing of its intention to suspend the
approval and the reasons for suspension. If the approval holder fails to correct the reasons for suspension, the
course will be suspended and the matter referred to the Commanding Officer, National Maritime Center. The
Commanding Officer, National Maritime Center, will notify the approval
holder that the specific course fails to
meet applicable requirements, and explain how those deficiencies can be corrected. The Commanding Officer, National Maritime Center, may grant the
approval holder up to 60 days in which
to correct the deficiencies.
(f) Withdrawal of approval. (1) The
Commanding Officer, National Maritime Center, may withdraw approval
for any course when the approval holder fails to correct the deficiency(ies) of
a suspended course within a time period allowed under paragraph (e) of this
section.
(2) The Commanding Officer, National Maritime Center, may withdraw
approval of any or all courses by an approval holder upon a determination
that the approval holder has demonstrated a pattern or history of:
(i) Failing to comply with the applicable regulations or the requirements
of course approvals;
(ii) Substantial deviations from their
approved course curricula; or
(iii) Presenting courses in a manner
that is insufficient to achieve learning
objectives.
(g) Appeals of suspension or withdrawal
of approval. Anyone directly affected
by a decision to suspend or withdraw
an approval may appeal the decision to
the Commandant via the Commanding
Officer, National Maritime Center, as
provided in § 1.03–40 of this chapter.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended by CGD 95–072, 60 FR 50460, Sept. 29,
1995; USCG–1998–4442, 63 FR 52189, Sept. 30,
1998; USCG–1998–3824, 64 FR 4984, Feb. 2, 1999;
USCG–2004–18884, 69 FR 58342, Sept. 30, 2004;
USCG–2008–0906, 73 FR 56508, Sept. 29, 2008;
USCG–2006–24371, 74 FR 11239, Mar. 16, 2009;
USCG–2010–0759, 75 FR 60002, Sept. 29, 2010]
§ 11.303
General standards.
Each school with an approved course
must:
(a) Have a well maintained facility
that accommodates the students in a
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Coast Guard, DHS
§ 11.304
safe and comfortable environment conducive to learning.
(b) Have visual aids for realism, including simulators where appropriate,
which are modern and well maintained
and sufficient for the number of students to be accommodated.
(c) Give appropriate written or practical examinations in the course material to each student of such a degree of
difficulty that a student who successfully completes them could reasonably
assume that he or she would pass, on
the first attempt, an examination prepared by the Coast Guard based upon
knowledge requirements of the position
or endorsement for which the student
is being trained.
(d) Keep for at least one year after
the end of each student’s enrollment:
(1) Each written examination, or in
the case of a practical test, a report of
such test; and
(2) A record of each student’s classroom attendance.
(e) Not change its approved curriculum unless approved, in writing,
after the request for change has been
submitted in writing to the Commanding Officer, National Maritime
Center (NMC-42).
(f) At any time the Officer in Charge,
Marine Inspection directs, allow the
Coast Guard to:
(1) Inspect its facilities, equipment,
and
records,
including
scholastic
records;
(2) Conduct interviews and surveys of
students to aid in course evaluation
and improvement;
(3) Assign personnel to observe or
participate in the course of instruction; and
(4) Supervise or administer the required examinations or practical demonstrations.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended at 54 FR 132, Jan. 4, 1989; CGD 95–
072, 60 FR 50460, Sept. 29, 1995; USCG–1998–
4442, 63 FR 52189, Sept. 30, 1998; USCG–1998–
3824, 64 FR 4984, Feb. 2, 1999; USCG–2004–18884,
69 FR 58342, Sept. 30, 2004; USCG–2008–0906, 73
FR 56508, Sept. 29, 2008]
§ 11.304 Substitution of training for required service, use of trainingrecord books, and use of towing officer assessment records.
(a) Satisfactory completion of certain training courses approved by the
Commandant may be substituted for a
portion of the required service for
many deck and engineer officer endorsements and for qualified rating endorsements. The list of all currently
approved courses of instruction, including the equivalent service and applicable endorsements, is maintained by the
National Maritime Center. Satisfactory completion of an approved training course may be substituted for not
more than two-thirds of the required
service on deck or in the engine department for deck or engineer officer endorsements, respectively, and qualified
rating endorsements.
(b) Service time gained at an approved training course does not satisfy
recent service requirements nor does
training on a simulator; however, any
underway service at an approved
course may be used for this purpose.
An applicant who had met the recent
service requirement before entering
school will not be penalized by attending the approved training course.
(c) Training obtained before receiving an officer endorsement may not be
used for subsequent raises of grade.
(d) Simulator training in combination with a Coast Guard-approved
training course may be submitted to
the Commanding Officer, National
Maritime Center, for evaluation and
determination of equivalency to required sea service. Simulator training
cannot be substituted for recency requirements, but may substitute for a
maximum of 25 percent of the required
service for any officer endorsement
transaction.
(e) Except as provided in § 11.202 of
this part, when a candidate both applies for an STCW endorsement as
OICNW, on the basis of training or sea
service, and uses completion of approved training to substitute for required service, then not less than one
year of the remaining service must be
part of approved training that meets
the appropriate requirements of Chapter II of STCW (incorporated by reference, see § 11.102) and the requirements of subpart C of this part. The
training of a candidate must be documented in a Coast Guard-accepted
training-record book.
(f) Except as provided in § 11.202 of
this part, each candidate who applies
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§ 11.304
46 CFR Ch. I (10–1–11 Edition)
for an STCW endorsement as an OICEW
on the basis of training or sea service
for service on seagoing vessels, shall
complete onboard training as part of
approved training that meets the appropriate requirements of Chapter III
of STCW (incorporated by reference,
see § 11.102) and the requirements of
subpart C of this part. The training
must be documented in a Coast Guardaccepted training-record book.
(g) The training-record book referred
to in paragraphs (e) and (f) of this section must contain at least the following:
(1) The identity of the candidate.
(2) The tasks to be performed or the
skills to be demonstrated, with reference to the standards of competence
set forth in the tables of the appropriate sections in part A of the STCW
Code (incorporated by reference, see
§ 11.102).
(3) The criteria to be used in determining that the tasks or skills have
been performed properly, again with
reference to the standards of competence set forth in the tables of the
appropriate sections in part A of the
STCW Code (incorporated by reference,
see § 11.102).
(4) A place for a qualified instructor
to indicate by his or her initials that
the candidate has received training in
the proper performance of the task or
skill.
(5) A place for a designated examiner
to indicate by his or her initials that
the candidate has successfully completed a practical demonstration and
has proved competent in the task or
skill under the criteria, when assessment of competence is to be documented in the record books.
(6) The identity of each qualified instructor, including any MMC endorsements, license, or document held, and
the instructor’s signature.
(7) The identity of each designated
examiner, when any assessment of
competence is recorded, including any
MMC endorsement, license, or document held, and the examiner’s signature confirming that his or her initials
certify that he or she has witnessed the
practical demonstration of a particular
task or skill by the candidate.
(h) Each applicant for an endorsement as master or mate (pilot) of tow-
ing vessels, and each master or mate of
self-propelled vessels of greater than
200 GRT seeking an endorsement for
towing vessels, shall complete a towing
officers’ assessment record that contains at least the following:
(1) Identification of the candidate, including full name, home address, photograph or photo-image, and personal
signature.
(2) Objectives of the training and assessment.
(3) Tasks to perform or skills to demonstrate.
(4) Criteria to use in determining
that the tasks or skills have been performed properly.
(5) A place for a qualified instructor
or credentialed officer (with authority
to operate a towing vessel) to indicate
by his or her initials that the candidate has received training in the
proper performance of the tasks or
skills.
(6) A place for a designated examiner
to indicate by his or her initials that
the candidate has successfully completed a practical demonstration and
has proved proficient in the task or
skill under the criteria.
(7) Identification of each qualified instructor or credentialed officer (with
authority to operate a towing vessel)
by full name, home address, employer,
job title, ship name or business address, MMC, license, or document held,
and personal signature.
(8) Identification of each designated
examiner by full name, home address,
employer, job title, ship name or business address, serial number of the
TWIC, MMC, license, or document held,
and personal signature confirming that
his or her initials certify that he or she
has witnessed the practical demonstration of a particular task or skill by the
candidate.
(i) The training-record book referred
to in paragraphs (e) and (f) of this section may be maintained electronically,
if the electronic record meets Coast
Guard-accepted standards for accuracy,
integrity, and availability.
(j) Substitution of a training program in lieu of required service for an
endorsement as mate (pilot) of towing
vessels is governed by § 11.465(a) and
Table 11.465–1 of this part.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987]
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Coast Guard, DHS
§ 11.305
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 11.304, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.fdsys.gov.
§ 11.305 Radar-Observer
certificates
and qualifying courses.
(a) A student who takes an approved
course of training, which includes passing both a radar-theory examination
and a practical demonstration on a
simulator, and who meets the requirements of this section is entitled to an
appropriate Radar-Observer certificate—
(1) In a form prescribed by the school
and acceptable to the Coast Guard; and
(2) Signed by the head of the school.
(b) The following Radar-Observer certificates are issued under this section:
(1) Radar Observer (Unlimited).
(2) Radar Observer (Inland Waters
and
Gulf-Intracoastal
Waterway
[GIWW]).
(3) Radar Observer (Rivers).
(4) Radar Observer (Unlimited: Renewal).
(5) Radar Observer (Inland Waters
and GIWW: Renewal).
(6) Radar Observer (Rivers: Renewal).
(c) A school with an approved RadarObserver course may issue a certificate
listed in paragraph (b) of this section
after the student has successfully completed the appropriate curriculum as
follows:
(1) Radar Observer (Unlimited).
Classroom instruction—including demonstration and practical exercises
using simulators—and examination, in
the following subjects:
(i) Fundamentals of radar:
(A) How radar works.
(B) Factors affecting the performance and accuracy of marine radar.
(C) Purposes and functions of the
main components that constitute a
typical marine-radar system.
(ii) Operation and use of radar:
(A) Purpose and adjustment of controls.
(B) Detection of malfunctions, false
and indirect echoes, and other radar
phenomena.
(C) Effects of sea return, weather,
and other environmental conditions.
(D) Limitations of radar resulting
from design factors.
(E) Safety precautions associated
with use and maintenance of marine
radar.
(F) Measurement of ranges and bearings.
(G) Effect of size, shape, composition,
and distance of vessels and terrestrial
targets on echo.
(iii) Interpretation and analysis of
radar information:
(A) Radar navigation (including visual
techniques)—determining
positions, and detecting changes in the relative motion, of other vessels.
(B) Collision-avoidance, including
visual techniques, appropriate to the
circumstances and the equipment in
use.
(C) Determining the course and speed
of another vessel.
(D) Determining the time and distance of closest point of approach of a
crossing, meeting, overtaking, or overtaken vessel.
(E) Detecting changes of course or
speed of another vessel after its initial
course and speed have been established.
(F) Applying the Navigational Rules,
Chapters 30 and 34 of Title 33 U.S. Code
[Commandant Instruction M16672.2C, as
amended, or equivalent], and other factors to consider when determining
changes of course or speed of a vessel
to prevent collisions on the basis of
radar observation.
(G) Use of radar in maintaining situational awareness.
(iv) Plotting (by any graphically-correct method):
(A) Principles and methods of plotting relative and true motion.
(B) Practical-plotting problems.
(2) Radar Observer (Inland Waters
and GIWW). Classroom instruction—
with emphasis on situations and problems encountered on inland waters and
the GIWW, including demonstration
and practical exercises using simulators—and examination, in the following subjects:
(i) Fundamentals of radar:
(A) How radar works.
(B) Factors affecting the performance and accuracy of marine radar.
(C) Purpose and functions of the
main components that constitute a
typical marine-radar system.
(ii) Operation and use of radar:
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§ 11.305
46 CFR Ch. I (10–1–11 Edition)
(A) Purpose and adjustment of controls.
(B) Detection of malfunctions, false
and indirect echoes, and other radar
phenomena.
(C) Effects of sea return, weather,
and other environmental conditions.
(D) Limitations of radar resulting
from design factors.
(E) Safety precautions associated
with use and maintenance of marine
radar.
(F) Measurement of ranges and bearings.
(G) Effect of size, shape, composition,
and distance of vessels and terrestrial
targets on echo.
(iii) Interpretation and analysis of
radar information:
(A) Radar navigation (including visual
techniques)—determining
positions, and detecting changes in the relative motion, of other vessels.
(B) Collision-avoidance, including
visual techniques, appropriate to the
circumstances and the equipment in
use.
(C) Determining the course and speed
of another vessel.
(D) Determining the time and distance of closest point of approach of a
crossing, meeting, overtaking, or overtaken vessel.
(E) Detecting changes of course or
speed of another vessel after its initial
course and speed have been established.
(F) Applying the Navigational Rules,
and other factors to consider when determining changes of course or speed of
a vessel to prevent collisions on the
basis of radar observation.
(G) Use of radar in maintaining situational awareness.
(3) Radar Observer (Rivers). Classroom instruction—with emphasis on
situations and problems encountered
on rivers, including demonstration and
practical exercises using simulators—
and examination, in the following subjects:
(i) Fundamentals of radar:
(A) How radar works.
(B) Factors affecting the performance and accuracy of marine radar.
(C) Purpose and functions of the
main components that constitute a
typical marine-radar system.
(ii) Operation and use of radar:
(A) Purpose and adjustment of controls.
(B) Detection of malfunctions, false
and indirect echoes, and other radar
phenomena.
(C) Effects of sea return, weather,
and other environmental conditions.
(D) Limitations of radar resulting
from design factors.
(E) Safety precautions associated
with use and maintenance of marine
radar.
(F) Measurement of ranges and bearings, recognizing limited use of radar
bearings in curving, narrow channels.
(G) Effect of size, shape, composition,
and distance of vessels and terrestrial
targets on echo.
(iii) Interpretation and analysis of
radar information:
(A) Radar navigation (including visual
techniques)—determining
positions, and detecting changes in the relative motion, of other vessels.
(B) Collision-avoidance, including
visual techniques, appropriate to the
circumstances and the equipment in
use.
(C) Applying the Navigational Rules,
and other factors to consider when determining changes of course or speed of
a vessel to prevent collisions on the
basis of radar observation.
(D) Use of radar in maintaining situational awareness.
(4) Radar Observer (Unlimited: Renewal). Classroom instruction—including demonstration and practical exercises using simulators—and examination, in the following subjects:
(i) Interpretation and analysis of
radar information:
(A) Radar navigation (including visual
techniques)—determining
positions, and detecting changes in the relative motion, of other vessels.
(B) Collision-avoidance, including
visual techniques, appropriate to the
circumstances and the equipment in
use.
(C) Determining the course and speed
of another vessel.
(D) Determining the time and distance of closest point of approach of a
crossing, meeting, overtaking, or overtaken vessel.
(E) Detecting changes of course or
speed of another vessel after its initial
course and speed have been established.
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Coast Guard, DHS
§ 11.309
(F) Applying the Navigational Rules,
and other factors to consider when determining changes of course or speed of
a vessel to prevent collisions on the
basis of radar observation.
(G) Use of radar in maintaining situational awareness.
(ii) Plotting (by any graphically-correct method):
(A) Principles and methods of plotting relative and true motion.
(B) Practical-plotting problems.
(5) Radar Observer (Inland Waters
and GIWW: Renewal). Classroom instruction—including
demonstration
and practical exercises using simulators—and examination, in the interpretation and analysis of radar information, including:
(i) Radar navigation (including visual
techniques—determining positions, and
detecting changes in the relative motion, of other vessels.
(ii) Collision-avoidance, including
visual techniques, appropriate to the
circumstances and the equipment in
use.
(iii) Determining the course and
speed of another vessel.
(iv) Determining the time and distance of closest point of approach of a
crossing, meeting, overtaking, or overtaken vessel.
(v) Detecting changes of course or
speed of another vessel after its initial
course and speed have been established.
(vi) Applying the Navigational Rules,
and other factors to consider when determining changes of course or speed of
a vessel to prevent collisions on the
basis of radar observation.
(vii) Use of radar in maintaining situational awareness.
(6) Radar Observer (Rivers: Renewal).
Classroom instruction—including demonstration and practical exercises
using simulators—and examination, in
the interpretation and analysis of
radar information, including:
(i) Radar navigation (including visual
techniques)—determining
positions,
and detecting changes in the relative
motion, of other vessels.
(ii) Collision-avoidance, including
visual techniques, appropriate to the
circumstances and the equipment in
use.
(iii) Applying the Navigational Rules,
and other factors to consider when de-
termining changes of course or speed of
a vessel to prevent collisions on the
basis of radar observation.
(iv) Use of radar in maintaining situational awareness.
[CGD 94–041, 62 FR 11303, Mar. 11, 1997]
§ 11.306
[Reserved]
§ 11.307 Training schools with
proved radar observer courses.
The Commanding Officer, National
Maritime Center, NMC–42, 100 Forbes
Drive, Martinsburg WV 25404 maintains
the list of approved schools and specific courses. This information is available upon request by writing the aforementioned address or calling (202) 493–
1025 (also available on the internet at:
http://www.uscg.mil/STCW//).
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended at 54 FR 132, Jan. 4, 1989; CGD 95–
072, 60 FR 50460, Sept. 29, 1995; USCG–1998–
4442, 63 FR 52189, Sept. 30, 1998; USCG–2004–
18884, 69 FR 58342, Sept. 30, 2004; USCG–2007–
29018, 72 FR 53964, Sept. 21, 2007; USCG–2008–
0906, 73 FR 56508, Sept. 29, 2008]
§ 11.309 Coast Guard-accepted training
other than approved courses.
(a) When the training and assessment
of competence required by this part are
not subject to Coast Guard approval
under § 11.302, but are used to qualify to
hold an STCW endorsement, such
training and assessment must meet the
following requirements:
(1) The training and assessment must
have written, clearly defined objectives
that emphasize specific knowledge,
skills, and abilities, and that include
criteria to be used in establishing a
student’s successful achievement of the
training objectives.
(2) The training must be set out in a
written syllabus that conforms to a
Coast Guard-accepted outline for such
training and includes—
(i) The sequence of subjects to be covered;
(ii) The number of hours to be devoted to instruction in relevant areas
of knowledge;
(iii) The identity and professional
qualifications of the instructor(s) to be
conducting the training or providing
instruction;
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§ 11.309
46 CFR Ch. I (10–1–11 Edition)
(iv) The identification of other media
or facilities to be used in conducting
training; and
(v) Measurements at appropriate intervals of each candidate’s progress toward acquisition of the specific knowledge, skills, and abilities stated in the
training objectives.
(3) Except as provided in paragraph
(a)(4) of this section, documentary evidence must be readily available to establish that all instructors—
(i) Have experience, training, or instruction in effective instructional
techniques;
(ii) Are qualified in the task for
which the training is being conducted;
and
(iii) Hold the level of license, officer
endorsement, or other professional credential required of those who would
apply on board a vessel the relevant
level of knowledge, skills, and abilities
described in the training objectives.
(4) Neither a specialist in a particular
field of nonmaritime education, such
as mathematics or first aid, nor a person with at least 3 years of service as a
member of the Armed Forces of the
United States, specializing in the field
in which he or she is to conduct training, need hold a maritime license,
MMC, or document to conduct training
in that field.
(5) A simulator may be used in training if—
(i) The simulator meets applicable
performance standards;
(ii) The instructor has gained practical operational experience on the particular type of simulator being used;
and
(iii) The instructor has received appropriate guidance in instructional
techniques involving the use of simulators.
(6) Essential equipment and instructional materials must afford all students adequate opportunity to participate in exercises and acquire practice
in performing required skills.
(7) A process for routinely assessing
the effectiveness of the instructors, including the use of confidential evaluations by students, is in place.
(8) Documentary evidence is readily
available to establish that any evaluation of whether a student is competent
in accordance with standards, methods,
and criteria set out in part A of the
STCW Code is conducted by a designated examiner who has experience,
training, or instruction in assessment
techniques.
(9) Records of the student’s performance are maintained for at least 1 year
by the offeror of the training and assessment.
(10) To ensure that the training is
meeting its objectives, and the requirements of paragraphs (a)(1) through (9)
of this section, the offeror must either—
(i) Be regulated as a maritime academy or marine academy pursuant to 46
CFR part 310; or
(ii) Monitor the training in accordance with a Coast Guard-accepted QSS,
which must include the following features:
(A) The training must be provisionally certified, on the basis of an initial
independent
evaluation
conducted
under a Coast Guard-accepted QSS, as
being capable of meeting its objective.
(B) The training must be periodically
monitored in accordance with the
schedule stipulated under the Coast
Guard-accepted QSS.
(C) Each person conducting the initial evaluation or the subsequent periodic monitoring of the training shall be
knowledgeable about the subjects
being evaluated or monitored and
about the national and international
requirements that apply to the training, and shall not himself or herself be
involved in the training and assessment of students.
(D) Each person evaluating or monitoring the training shall have access to
all appropriate documents and facilities, and shall have opportunities both
to observe all appropriate activities
and to conduct confidential interviews
when necessary.
(E) Arrangements must be such as to
ensure that no person evaluating or
monitoring the training is penalized or
rewarded, directly or indirectly, by the
sponsor of the training for making any
particular observations or for reaching
any particular conclusions.
(11) Each person conducting the initial
evaluation
under
paragraph
(a)(10)(ii)(A) of this section or the periodic monitoring of the training under
paragraph (a)(10)(ii)(B) of this section
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Coast Guard, DHS
§ 11.401
shall communicate his or her conclusions to the Commanding Officer, National Maritime Center, NMC–42, 100
Forbes Drive, Martinsburg WV 25404,
within 1 month of the completion of
the evaluation or the monitoring.
(12) Each offeror of the training shall
let the Coast Guard or someone authorized by the Coast Guard observe the
records of a student’s performance and
records otherwise relating to paragraphs (a)(1) through (10) of this section.
(b) The Coast Guard will maintain a
list of training each of whose offerors
submits a certificate, initially not less
than 45 calendar days before offering
training under this section, and annually thereafter, signed by the offeror or
its authorized representatives, stating
that the training fully complies with
requirements of this section, and identifying the Coast Guard-accepted QSS
being used for independent monitoring.
Training programs on this list will
offer the training necessary for officer
and STCW endorsements under this
part. The Coast Guard will update this
list periodically and make it available
to members of the public on request.
(c) If the Coast Guard determines, on
the basis of observations or conclusions
either of its own or of someone authorized by it to monitor the training, that
particular training does not satisfy one
or more of the conditions described in
paragraph (a) of this section—
(1) The Coast Guard will so notify the
offeror of the training by letter, enclosing a report of the observations and
conclusions;
(2) The offeror may, within a period
specified in the notice, either appeal
the observations or conclusions to the
Commandant (CG-543) or bring the
training into compliance; and
(3) If the appeal is denied—or the deficiency is not corrected in the allotted
time, or within any additional period
judged by the Coast Guard to be appropriate, considering progress toward
compliance—the Coast Guard will remove the training from the list maintained under paragraph (b) of this section until it can verify full compliance;
and it may deny applications for licenses for officer or STCW endorsements based in whole or in part on
training not on the list, until addi-
tional training or assessment is documented.
[CGD 95–062, 62 FR 34531, June 26, 1997, as
amended by USCG-1998–4442, 63 FR 52189,
Sept. 30, 1998; USCG-2004–18884, 69 FR 58342,
Sept. 30, 2004; USCG–2007–29018, 72 FR 53964,
Sept. 21, 2007; USCG–2008–0906, 73 FR 56508,
Sept. 29, 2008; USCG–2006–24371, 74 FR 11239,
Mar. 16, 2009]
Subpart D—Professional
Requirements for Deck Officers
§ 11.401 Ocean and near-coastal officer
or STCW endorsements.
(a) 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, subject
to the limitations of the endorsement.
(b) A 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
near-coastal, Great Lakes, and inland
waters, subject to the limitations of
the endorsement.
(c) Near-coastal endorsements for
any gross tons 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 professional examination as explained in subpart I of this part.
(d) A mariner having a master or
mate near-coastal license or MMC endorsement obtained with ocean service
may have an MMC endorsed for ocean
service by completing the appropriate
examination deficiencies, provided that
the additional service requirements of
paragraph (e) of this section do not
apply.
(e) Master or third mate near-coastal
unlimited endorsements may be obtained by completing the prescribed examination in subpart I of this part and
satisfying the requirements of paragraph (g) of this section while holding
a license or MMC endorsement as unlimited master or mate, respectively,
upon Great Lakes and inland waters.
To have a near-coastal-unlimited endorsement obtained in this manner endorsed for ocean service, the mariner
must obtain 12 months of service as a
deck-watch officer or higher on ocean
waters on vessels of 1,600 GRT or over,
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§ 11.402
46 CFR Ch. I (10–1–11 Edition)
in addition to completing the examination topics.
(f) Masters and mates endorsements
for service on vessels of more than 200
gross tons may be endorsed for sail or
auxiliary sail as appropriate. The applicant must present the equivalent
total qualifying service required for
conventional officer endorsements including at least one year of deck experience on that specific type of vessel.
For example, for an officer endorsement as a master of vessels of not more
than 1,600 gross tons 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
one year of deck service on appropriately sized auxiliary-sail vessels.
For an endorsement to serve on vessels
of 200 gross tons or less, see individual
endorsement requirements.
(g) In order to obtain a master or
mate endorsement with a tonnage
limit above 200 gross tons, or an endorsement for 200 gross tons or less
with an ocean route, whether an original, raise in grade, or increase in the
scope of the endorsement authority to
a higher tonnage category, the applicant must successfully complete the
following training and examination requirements:
(1) Approved firefighting course;
(2) Approved radar-observer course;
and
(3) Qualification as an able seaman
unlimited or able seaman limited (able
seaman special or able seaman offshore
supply vessels satisfy the able seaman
requirement for endorsements permitting service on vessels of 1,600 gross
tons or less).
(h) Each applicant for a deck officer
endorsement, which authorizes service
on vessels above 1,600 gross tons on
ocean or near-coastal waters, whether
original or raise of grade, must pass a
practical-signaling examination (flashing light). An applicant who fails in
practical signaling, but passes every
other part of the examination, may be
issued an endorsement with a 1,600
gross ton limitation. The tonnage limitation can be removed upon successful
completion of the signaling examination.
[USCG–2006–24371, 74 FR 11240, Mar. 16, 2009]
§ 11.402 Tonnage
requirements
for
ocean or near coastal endorsements
for vessels of over 1600 gross tons.
(a) To qualify for an ocean or near
coastal endorsement for vessels of any
gross tons, all the required experience
must be obtained on vessels of over 200
gross tons. At least one-half of the required experience must be obtained on
vessels of over 1600 gross tons.
(b) If the applicant for an endorsement as master or mate does not have
the service on vessels over 1600 gross
tons required by paragraph (a) of this
section, or is qualifying for third mate
under the provisions of § 11.407(c) of
this subpart, a tonnage limitation is
placed on the endorsement based on
the applicant’s qualifying experience.
The endorsement is limited to the
maximum tonnage on which at least 25
percent of the required experience was
obtained, or 150 percent of the maximum tonnage on which at least 50 percent of the service was obtained,
whichever is higher. Limitations are in
multiples of 1000 gross tons, using the
next higher figure when an intermediate tonnage is calculated. When
the calculated limitation equals or exceeds 10,000 gross tons, the applicant is
issued an unlimited tonnage endorsement.
(c) Tonnage limitations imposed
under paragraph (b) of this section may
be raised or removed in the following
manner:
(1) When the applicant has six
months of service on vessels of over
1600 gross tons in the highest grade endorsed, all tonnage limitations are removed.
(2) When the applicant has a total of
six months of service on vessels of over
1600 gross tons in any capacity as an officer other than the highest grade for
which endorsed, all tonnage limitations for the grade in which the service
is performed are removed and the next
higher grade endorsement is raised to
the tonnage of the vessel on which the
majority of the service was performed.
The total cumulative service before
and after issuance of the limited license or MMC endorsement may be
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Coast Guard, DHS
§ 11.404
considered in removing all tonnage
limitations.
(3) When the applicant has 12 months
of service as able seaman on vessels
over 1600 gross tons while holding a license or endorsement as third mate, all
tonnage limitations on the third
mate’s license or MMC endorsement
are removed.
(d) Individuals holding licenses or endorsements as master or mate of vessels of not more than 1600 gross tons,
not more than 500 gross tons, or not
more than 25–200 gross tons are prohibited from using the provisions of para-
graph (c) of this section to increase the
tonnages of their licenses or endorsements.
[USCG–2006–24371, 74 FR 11240, Mar. 16, 2009]
license or MMC endorsement as chief
mate of ocean steam or motor vessels
as follows:
(1) A minimum of six months of service as chief mate; and,
(2) Service as officer in charge of a
navigational watch accepted on a twofor-one basis (12 months as second or
third mate equals six months of creditable service).
§ 11.404 Service requirements for master of ocean or near coastal steam
or motor vessels of any gross tons.
The minimum service required to
qualify an applicant for an endorsement as master of ocean or near coastal steam or motor vessels of any gross
tons is:
(a) One year of service as chief mate
on ocean steam or motor vessels; or,
(b) One year of service on ocean
steam or motor vessels while holding a
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended at 54 FR 135, Jan. 4, 1989; USCG–
2006–24371, 74 FR 11240, Mar. 16, 2009]
§ 11.403 Structure of deck officer endorsements.
The following diagram illustrates the
deck officer endorsement structure, including cross over points. The section
numbers on the diagram refer to the
specific requirements applicable.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by USCG–2006–24371, 74
FR 11216 and 11241, Mar. 16, 2009]
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ER16MR09.002
147
§ 11.405
46 CFR Ch. I (10–1–11 Edition)
§ 11.405 Service requirements for chief
mate of ocean or near coastal steam
or motor vessels of any gross tons.
The minimum service required to
qualify an applicant for an endorsement as chief mate of ocean or near
coastal steam or motor vessels of any
gross tons is one year of service as officer in charge of a navigational watch
on ocean steam or motor vessels while
holding a license or MMC endorsement
as second mate.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by USCG–2006–24371, 74
FR 11216 and 11241, Mar. 16, 2009]
§ 11.406 Service requirements for second mate of ocean or near coastal
steam or motor vessels of any gross
tons.
The minimum service required to
qualify an applicant for an endorsement as second mate of ocean or near
coastal steam or motor vessels of any
gross tons is:
(a) One year of service as officer in
charge of a navigational watch on
ocean steam or motor vessels while
holding a license or endorsement as
third mate; or,
(b) While holding a license or MMC
endorsement as third mate of ocean
steam or motor vessels of any gross
tons, 12 months of service on deck as
follows:
(1) A minimum of six months service
as officer in charge of a deck watch on
ocean steam or motor vessels; in combination with,
(2) Service on ocean steam or motor
vessels as boatswain, able seaman, or
quartermaster while holding a certificate or MMC endorsement as able seaman, which may be accepted on a twofor-one basis to a maximum allowable
substitution of six months (12 months
of experience equals 6 months of creditable service); or,
(c) An individual holding an endorsement or license as master of Great
Lakes and inland steam or motor vessels of any gross tons or master of inland steam or motor vessels of any
gross tons, may obtain an endorsement
as second mate of ocean or near coastal
steam or motor vessels of any gross
tons by completing the prescribed examination in subpart I of this part.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended at 54 FR 138, Jan. 4, 1989; USCG–
2006–24371, 74 FR 11241, Mar. 16, 2009]
§ 11.407 Service requirements for third
mate of ocean or near coastal steam
or motor vessels of any gross tons.
(a) The minimum service or training
required to qualify an applicant for an
endorsement as third mate of ocean or
near coastal steam or motor vessels of
any gross tons is:
(1) Three years of service in the deck
department on ocean steam or motor
vessels, six months of which shall have
been as able seaman, boatswain, or
quartermaster, while holding a certificate or endorsement as able seaman.
Experience gained in the engine department on vessels of appropriate tonnage may be creditable for up to three
months of the service requirements for
this officer endorsement; or,
(2) Graduation from:
(i) The U.S. Merchant Marine Academy (deck curriculum);
(ii) The U.S. Coast Guard Academy
and qualification as an underway officer in charge of a navigational watch;
(iii) The U.S. Naval Academy and
qualification as an underway officer in
charge of a navigational watch; or,
(iv) The deck class of a maritime
academy approved by and conducted
under rules prescribed by the Maritime
Administrator and listed in part 310 of
this title, including the ocean option
program in the deck class of the Great
Lakes Maritime Academy; or,
(3) Satisfactory completion of a three
year apprentice mate training program
approved by the Commandant.
(b) Graduation from the deck class of
the Great Lakes Maritime Academy
with no ocean sea service will qualify
the graduate to be examined for an endorsement as third mate near coastal
steam or motor vessels of any gross
tons.
(c) While holding a license or MMC
endorsement as master of ocean or
near coastal steam or motor vessels of
not more than 1,600 gross tons, one
year of service as master on vessels of
over 200 gross tons operating on ocean
or near coastal waters will qualify the
applicant for an endorsement as third
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Coast Guard, DHS
§ 11.414
mate of ocean or near coastal steam or
motor vessels of any gross tons.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended by USCG 2002–13213, 67 FR 64315,
Oct. 18, 2002; USCG–2006–24371, 74 FR 11241,
Mar. 16, 2009]
§ 11.410 Requirements for deck officer
endorsements for vessels of not
more than 1600 gross tons.
(a) Endorsements as master and mate
of vessels of not more than 1600 gross
tons are issued in the following tonnage categories:
(1) Not more than 1,600 gross tons;
(2) Not more than 500 gross tons; or,
(3) Between 25–200 gross tons in 50 ton
increments and with appropriate mode
of propulsion such as steam or motor,
sail, or auxiliary sail.
(b) Experience gained in the engine
department on vessels of appropriate
tonnage may be creditable for up to 25
percent of the service requirements for
any mate endorsement in this category.
(c) An officer’s endorsement in this
category obtained with an orally-assisted examination will be limited to
500 gross tons. In order to raise that
tonnage limit to 1,600 gross tons, the
written examination and service requirements must be satisfied.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended at 54 FR 138, Jan. 4, 1989; USCG–
2006–24371, 74 FR 11241, Mar. 16, 2009]
§ 11.412 Service requirements for master of ocean or near coastal steam
or motor vessels of not more than
1600 gross tons.
The minimum service required to
qualify an applicant for an endorsement as master of ocean or near coastal steam or motor vessels of not more
than 1600 gross tons is:
(a) Four years total service on ocean
or near coastal waters. Service on
Great Lakes and inland waters may
substitute for up to two years of the required service. Two years of the required service must have been on vessels of over 100 gross tons. Two years of
the required service must have been as
a master, mate master or mate (pilot)
of towing vessels, or equivalent supervisory position while holding a license
or MMC endorsement as master, mate,
master or mate (pilot) of towing ves-
sels. One year of the service as master,
mate, master or mate (pilot) of towing
vessels, or equivalent supervisory position must have been on vessels of over
100 gross tons; or,
(b) An applicant holding a license or
MMC endorsement as chief mate or
second mate of ocean or near coastal
steam or motor vessels of over 1600
gross tons is eligible for this endorsement upon completion of a limited examination.
[CGD 81–059, 54 FR 138, Jan. 4, 1989, as amended by USCG–1999–6224, 64 FR 63228, Nov. 19,
1999; 66 FR 20936, Apr. 26, 2001; USCG–2006–
24371, 74 FR 11241, Mar. 16, 2009]
§ 11.414 Service requirements for mate
of ocean steam or motor vessels of
not more than 1600 gross tons.
The minimum service required to
qualify an applicant for an endorsement as mate of ocean steam or motor
vessels of not more than 1600 gross tons
is:
(a) Three years total service in the
deck department of ocean or near
coastal steam or motor, sail, or auxiliary sail vessels. Service on Great
Lakes and inland waters may substitute for up to 18 months of the required service. One year of the required
service must have been on vessels of
over 100 gross tons. One year of the required service must have been as a
master, mate master or mate (pilot) of
towing vessels, or equivalent supervisory position while holding a license
or MMC endorsement as master, mate,
master or mate (pilot) of towing vessels. Six months of the required service
as master, mate, master or mate (pilot)
of towing vessels, or equivalent supervisory position must have been on vessels of over 100 gross tons; or,
(b) Three years total service in the
deck department on ocean or near
coastal steam or motor, sail, or auxiliary sail vessels of over 200 gross tons.
Six months of the required service
must have been as able seaman.
[CGD 81–059, 54 FR 138, Jan. 4, 1989, as amended by USCG–1999–6224, 64 FR 63228, Nov. 19,
1999; 66 FR 20936, Apr. 26, 2001; USCG–2006–
24371, 74 FR 11241, Mar. 16, 2009]
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§ 11.416
46 CFR Ch. I (10–1–11 Edition)
§ 11.416 Service requirements for mate
of near coastal steam or motor vessels of not more than 1600 gross
tons.
The minimum service required to
qualify an applicant for an endorsement as mate of near coastal steam or
motor vessels of not more than 1600
gross tons is two years total service in
the deck department of ocean or near
coastal steam or motor, sail, or auxiliary sail vessels. Service on Great
Lakes and inland waters may substitute for up to one year of the required service. One year of the required
service must have been on vessels of
over 100 gross tons. Six months of the
required service must have been as able
seaman, boatswain, quartermaster, or
equivalent position on vessels of over
100 gross tons while holding a certificate or endorsement as able seaman.
[CGD 81–059, 54 FR 138, Jan. 4, 1989, as amended by USCG–2006–24371, 74 FR 11242, Mar. 16,
2009]
§ 11.418 Service requirements for master of ocean or near coastal steam
or motor vessels of not more than
500 gross tons.
The minimum service required to
qualify an applicant for an endorsement as master of ocean or near coastal steam or motor vessels of not more
than 500 gross tons is:
(a) Three years total service on ocean
or near coastal waters. Service on
Great Lakes and inland waters may
substitute for up to 18 months of the
required service. Two years of the required service must have been as a
master, mate, or equivalent supervisory position while holding a license
or MMC endorsement as master, mate,
or operator of uninspected passenger
vessels. One year of the required service as master, mate, or equivalent supervisory position must have been on
vessels of over 50 gross tons.
(b) The holder of a license 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 steam or motor
vessels of not more than 500 gross tons
after both 1 year of service as master
or mate of towing vessels on oceans or
near-coastal routes and completion of a
limited examination.
[CGD 81–059, 54 FR 138, Jan. 4, 1989, as amended by USCG–1999–6224, 64 FR 63228, Nov. 19,
1999; USCG–2006–24371, 74 FR 11242, Mar. 16,
2009]
§ 11.420 Service requirements for mate
of ocean steam or motor vessels of
not more than 500 gross tons.
The minimum service required to
qualify an applicant for an endorsement as mate of ocean steam and
motor vessels of not more than 500
gross tons is two years total service in
the deck department of ocean or near
coastal steam or motor, sail, or auxiliary sail vessels. Service on Great
Lakes and inland waters may substitute for up to one year of the required service. One year of the required
service must have been as a master,
mate, or equivalent supervisory position while holding a license or endorsement as master, mate, or operator of
uninspected passenger vessels. Six
months of the required service as master, mate, or equivalent supervisory
position must have been on vessels of
over 50 gross tons.
[CGD 81–059, 54 FR 138, Jan. 4, 1989, as amended by USCG–1999–6224, 64 FR 63228, Nov. 19,
1999; USCG–2006–24371, 74 FR 11242, Mar. 16,
2009]
§ 11.421 Service requirements for mate
of near coastal steam or motor vessels of not more than 500 gross tons.
The minimum service required to
qualify an applicant for an endorsement as mate of near coastal steam or
motor vessels of not more than 500
gross tons is two years total service in
the deck department of ocean or near
coastal steam or motor, sail, or auxiliary sail vessels. Service on Great
Lakes and inland waters may substitute for up to one year of the required service. One year of the required
service must have been on vessels of
over 50 gross tons. Three months of the
required service must have been as able
seaman, boatswain, quartermaster, or
equivalent position on vessels of over
50 gross tons while holding a certificate
or endorsement as able seaman.
[CGD 81–059, 54 FR 138, Jan. 4, 1989, as amended by USCG–2006–24371, 74 FR 11242, Mar. 16,
2009]
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Coast Guard, DHS
§ 11.426
§ 11.422 Tonnage limitations and qualifying requirements for endorsements as master or mate of vessels
of not more than 200 gross tons.
(a) Except as noted in paragraph (e),
all endorsements issued for master or
mate of vessels of not more than 200
gross tons are issued in 50 gross ton increments based on the applicant’s
qualifying experience. The endorsement is limited to the maximum tonnage on which at least 25 percent of the
required experience was obtained, or
150 percent of the maximum tonnage
on which at least 50 percent of the
service was obtained, whichever is
higher. Limitations are in multiples of
50 gross tons using the next higher figure when an intermediate tonnage is
calculated.
(b) The tonnage limitation on these
endorsements may be raised upon completion of:
(1) At least 45 days of additional service on deck on a vessel of a higher tonnage for a tonnage increase on a mate’s
endorsement; or,
(2) At least 90 days of additional service on deck on a vessel of a higher tonnage for a tonnage increase on a master’s endorsement; or,
(3) Additional service, which, when
combined with all previously accumulated service, will qualify the applicant
for a higher tonnage officer endorsement under the basic formula; or,
(4) Six 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 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
OCMI must be satisfied that the nature
of this qualifying service (i.e., size of
vessel, route, equipment, etc.) is a reasonable equivalent to the duties performed on vessels which are required to
engage individuals with officer endorsements.
(d) Service gained in the engine room
on vessels of not more than 200 gross
tons may be creditable for up to 25 percent of the deck service requirements
for mate.
(e) When the qualifying service is obtained upon vessels of five gross tons or
less, the officer endorsement will be
limited to vessels of not more than 25
gross tons.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended by CGD 81–059, 54 FR 139, Jan. 4,
1989; USCG–2006–24371, 74 FR 11242, Mar. 16,
2009]
§ 11.424 Service requirements for master of ocean steam or motor vessels
of not more than 200 gross tons.
(a) The minimum service required to
qualify an applicant for an officer endorsement as master of ocean steam or
motor vessels of not more than 200
gross tons is:
(1) Three years total service on ocean
or near coastal waters. Service on
Great Lakes and inland waters may
substitute for up to 18 months of the
required service. Two years of the required service must have been as master, mate, or equivalent supervisory
position while holding a license or
MMC endorsement as master, as mate,
or as operator of uninspected passenger
vessels; or,
(2) Two years total service as a master or mate of ocean or near-coastal
towing vessels. Completion of a limited
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) In addition to any required examination, the applicant must comply
with the requirements listed in
§ 11.401(g).
[CGD 81–059, 54 FR 139, Jan. 4, 1989, as amended by USCG–1999–6224, 64 FR 63228, Nov. 19,
1999; USCG–2006–24371, 74 FR 11242, Mar. 16,
2009]
§ 11.426 Service requirements for master of near coastal steam or motor
vessels of not more than 200 gross
tons.
(a) The minimum service required to
qualify an applicant for an endorsement as master of near coastal steam
or motor vessels of not more than 200
gross tons is:
(1) Two years total service on ocean
or near coastal waters. Service on
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§ 11.427
46 CFR Ch. I (10–1–11 Edition)
Great Lakes and inland waters may
substitute for up to one year of the required service. One year of the required
service must have been as a master,
mate, or equivalent supervisory position while holding a license or endorsement as master, as mate, or as operator of uninspected passenger vessels;
or,
(2) One year of total service as master or mate of towing vessels on oceans
or near-coastal routes. Completion of a
limited examination is also required.
(b) In order to obtain an 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. The required 12
months of service may have been obtained prior to issuance of the master’s
license or MMC endorsement.
[CGD 81–059, 54 FR 139, Jan. 4, 1989, as amended by USCG–1999–6224, 64 FR 63228, Nov. 19,
1999; USCG–2006–24371, 74 FR 11242, Mar. 16,
2009]
§ 11.427 Service requirements for mate
of near coastal steam or motor vessels of not more than 200 gross tons.
(a) The minimum service required to
qualify an applicant for endorsement
as mate of near coastal steam or motor
vessels of not more than 200 gross tons
is:
(1) Twelve months total service in
the deck department of ocean or near
coastal steam or motor, sail, or auxiliary sail vessels. Service on Great
Lakes and inland waters may substitute for up to six months of the required service; or,
(2) Three months of service in the
deck department of steam or motor
vessels operating on ocean, near coastal, Great Lakes or inland waters while
holding a license or MMC endorsement
as master of inland steam or motor,
sail or auxiliary sail vessels of not
more than 200 gross tons.
(b) The holder of a license 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) In order to obtain this officer endorsement for sail or auxiliary sail ves-
sels, the applicant must submit evidence of six months of deck service on
sail or auxiliary sail vessels.
(d) A license or MMC endorsement as
master of near coastal steam or motor
vessels may be endorsed as mate of sail
or auxiliary sail vessels upon presentation of three months of service on
sail or auxiliary sail vessels.
(e) In order to obtain a tonnage endorsement for over 100 gross tons, the
applicant must complete the additional
examination topics indicated in subpart I of this part.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by CGD 81–059, 54 FR
139, Jan. 4, 1989; USCG–2006–24371, 74 FR 11242,
Mar. 16, 2009]
§ 11.428 Service requirements for master of near coastal steam or motor
vessels of not more than 100 gross
tons.
(a) The minimum service required to
qualify an applicant for an endorsement as master of near coastal steam
or motor vessels of not more than 100
gross tons is two years total service in
the deck department of steam or
motor, sail, or auxiliary sail vessels on
ocean or near coastal waters. Service
on Great Lakes and inland waters may
substitute for up to one year of the required service.
(b) In order to obtain an endorsement
for sail or auxiliary sail vessels, the applicant must submit evidence of 12
months of service on sail or auxiliary
sail vessels. The required 12 months of
service may have been obtained prior
to issuance of the license or MMC endorsement.
[CGD 81–059, 54 FR 139, Jan. 4, 1989, as amended by USCG–2006–24371, 74 FR 11242, Mar. 16,
2009]
§ 11.429 Service requirements for limited master of near coastal steam or
motor vessels of not more than 100
gross tons.
(a) Limited masters’ endorsements
for near coastal vessels of not more
than 100 gross tons may be issued to
applicants to be employed by organizations such as yacht clubs, marinas, formal camps and educational institutions. An endorsement issued under
this section is limited to the specific
activity and the locality of the yacht
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Coast Guard, DHS
§ 11.433
club, marina or camp. In order to obtain this restricted endorsement, an
applicant must:
(1) Have four 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 five years before the date of application; and,
(3) Pass a limited examination appropriate for the activity to be conducted
and the route authorized.
(b) The first aid and cardiopulmonary
resuscitation (CPR) course certificates
required by § 11.205(e) will only be required when, in the opinion of the
OCMI, the geographic area over which
service is authorized precludes obtaining medical services within a reasonable time.
(c) In order to obtain an endorsement
for sail or auxiliary sail vessels, the applicant must submit evidence of four
months of service on sail or auxiliary
sail vessels. The required four months
of service may have been obtained
prior to issuance of the license or MMC
endorsement.
[CGD 81–059, 54 FR 139, Jan. 4, 1989, as amended by USCG-2000–7790, 65 FR 58458, Sept. 29,
2000; USCG–2006–24371, 74 FR 11242, Mar. 16,
2009]
§ 11.430 Endorsements for the Great
Lakes and inland waters.
Any license or MMC endorsement
issued for service on the Great Lakes
and inland waters is valid on all of the
inland waters of the United States as
defined in this part. Any license or
MMC endorsement issued for service on
inland waters is valid for the inland
waters of the United States, excluding
the Great Lakes. Licenses and MMC
endorsements with either a Great
Lakes and inland or an inland route
are valid for service on the sheltered
waters of the Inside Passage between
Puget Sound and Cape Spencer, Alaska. As these licenses and MMC endorsements authorize service on waters sea-
ward of the International Regulations
for Preventing Collisions at Sea
(COLREGS) demarcation line as defined in 33 CFR part 80, the applicant
must complete an examination on the
COLREGS or the endorsement must exclude such waters.
[CGD 81–059, 54 FR 139, Jan. 4, 1989, as amended by USCG–2006–24371, 74 FR 11242, Mar. 16,
2009]
§ 11.431 Tonnage
requirements
for
Great Lakes and inland endorsements for vessels of over 1600 gross
tons.
(a) All required experience for Great
Lakes and inland unlimited endorsements must be obtained on vessels of
over 200 gross tons. At least one-half of
the required experience must be obtained on vessels of 1600 gross tons or
over.
(b) Tonnage limitations may be imposed on these endorsements in accordance with § 11.402 (b) and (c).
[CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by USCG–2006–24371, 74
FR 11216 and 11242, Mar. 16, 2009]
§ 11.433 Service requirements for master of Great Lakes and inland steam
or motor vessels of any gross tons.
The minimum service required to
qualify an applicant for an endorsement as master of Great Lakes and inland steam or motor vessels of any
gross tons is:
(a) One year of service as mate or
first class pilot while acting in the capacity of first mate of Great Lakes
steam or motor vessels of more than
1600 gross tons; or,
(b) Two years of service as master of
inland (excluding the Great Lakes)
steam or motor vessels of more than
1600 gross tons; or,
(c) One year of service upon Great
Lakes waters while holding a license or
MMC endorsement as mate or first
class pilot of Great Lakes and inland
steam or motor vessels of more than
1600 gross tons. A minimum of six
months of this service must have been
in the capacity of first mate. Service as
second mate is accepted for the remainder on a two-for-one basis to a
maximum of six months (12 months of
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§ 11.435
46 CFR Ch. I (10–1–11 Edition)
service equals six months of creditable
service).
months of the service requirements
under paragraph (a)(1) of this section.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by USCG–2006–24371, 74
FR 11216 and 11243, Mar. 16, 2009]
[CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by USCG–2006–24371, 74
FR 11216 and 11243, Mar. 16, 2009]
§ 11.435 Service requirements for master of inland steam or motor vessels
of any gross tons.
§ 11.442 Service requirements for master of Great Lakes and inland steam
or motor vessels of not more than
1600 gross tons.
The minimum service required to
qualify an applicant for an endorsement as master of inland (excluding
the Great Lakes) steam or motor vessels of any gross tons is:
(a) One year of service as first class
pilot (of other than canal and small
lakes routes) or mate of Great Lakes or
inland steam or motor vessels of more
than 1,600 gross tons; or,
(b)
Two
years
of
service
as
wheelsman or quartermaster while
holding a mate/first class pilot license
or MMC endorsement.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by USCG–2006–24371, 74
FR 11216 and 11243, Mar. 16, 2009]
§ 11.437 Service requirements for mate
of Great Lakes and inland steam or
motor vessels of any gross tons.
(a) The minimum service required to
qualify an applicant for an endorsement as mate of Great Lakes and inland steam or motor vessels of any
gross tons is:
(1) Three years of service in the deck
department of steam or motor vessels,
at least three months of which must
have been on vessels on inland waters
and at least six months of which must
have been as able seaman, inland mate,
boatswain, wheelsman, quartermaster,
or equivalent position;
(2) Graduation from the deck class of
the Great Lakes Maritime Academy;
or,
(3) While holding a license or MMC
endorsement as master of Great Lakes
and inland steam or motor vessels of
not more than 1600 gross tons, one year
service as master on vessels of over 200
gross tons.
(b) Service gained in the engine department on vessels of appropriate tonnage may be creditable for up to six
The minimum service required to
qualify an applicant for an endorsement as master of Great Lakes and inland steam or motor vessels of not
more than 1600 gross tons is:
(a) Three years total service on vessels. Eighteen months of the required
service must have been on vessels of
over 100 gross tons. One year of the required service must have been as a
master, mate, or equivalent supervisory position on vessels of over 100
gross tons while holding a license or
MMC endorsement as master, as mate,
or as master of towing vessels; or,
(b) Six months of service as operator
on vessels of over 100 gross tons while
holding a license or MMC endorsement
as master of towing vessels.
[CGD 81–059, 54 FR 140, Jan. 4, 1989, as amended by USCG–1999–6224, 64 FR 63228, Nov. 19,
1999; USCG–2006–24371, 74 FR 11243, Mar. 16,
2009]
§ 11.444 Service requirements for mate
of Great Lakes and inland steam or
motor vessels of not more than 1600
gross tons.
The minimum service required to
qualify an applicant for an endorsement as mate of Great Lakes and inland steam or motor vessels of not
more than 1600 gross tons is:
(a) Two years total service in the
deck department of steam or motor,
sail, or auxiliary sail vessels. One year
of the required service must have been
on vessels of over 100 gross tons. Six
months of the required service must
have been as able seaman, boatswain,
quartermaster, or equivalent position
on vessels of over 100 gross tons while
holding a certificate or endorsement as
able seaman; or,
(b) One year total service as master
of steam or motor, sail, or auxiliary
sail vessels, or operator of uninspected
passenger vessels, of over 50 gross tons
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Coast Guard, DHS
§ 11.452
while holding a license or MMC endorsement as master steam or motor,
sail, or auxiliary sail vessels of not
more than 200 gross tons or operator of
uninspected passenger vessels; or,
(c) Six months total service as mate
(pilot) of towing vessels on vessels of
over 100 gross tons.
vessels. One year of the required service must have been on vessels of over 50
gross tons. Three months of the required service must have been as able
seaman, boatswain, quartermaster, or
equivalent position on vessels of over
50 gross tons while holding a certificate
or endorsement as able seaman.
[CGD 81–059, 54 FR 140, Jan. 4, 1989, as amended by USCG–1999–6224, 64 FR 63228, Nov. 19,
1999; USCG–2006–24371, 74 FR 11243, Mar. 16,
2009]
[CGD 81–059, 54 FR 140, Jan. 4, 1989, as amended by USCG–2006–24371, 74 FR 11243, Mar. 16,
2009]
§ 11.446 Service requirements for master of Great Lakes and inland steam
or motor vessels of not more than
500 gross tons.
The minimum service required to
qualify an applicant for an endorsement as master of Great Lakes and inland steam or motor vessels of not
more than 500 gross tons is:
(a) Three years total service on vessels. One year of the required service
must have been as a master, mate, or
equivalent supervisory position on vessels of over 50 gross tons while holding
a license or MMC endorsement as master, as mate, or as operator of
uninspected passenger vessels.
(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 six months of service as master of towing vessels and
completion of a limited examination.
This requires three and one-half years
of service. Two years of this service
must have been served while holding a
license or MMC endorsement as master
or mate (pilot) of towing vessels, or
mate.
[CGD 81–059, 54 FR 140, Jan. 4, 1989, as amended by USCG 1999–6224, 64 FR 63228, Nov. 19,
1999; USCG–2006–24371, 74 FR 11243, Mar. 16,
2009]
§ 11.448 Service requirements for mate
of Great Lakes and inland steam or
motor vessels of not more than 500
gross tons.
The minimum service required to
qualify an applicant for an endorsement as mate of Great Lakes and inland steam or motor vessels of not
more than 500 gross tons is two years
total service in the deck department of
steam or motor, sail, or auxiliary sail
§ 11.450 Tonnage limitations and qualifying requirements for endorsements as master or mate of Great
Lakes and inland vessels of not
more than 200 gross tons.
(a) Except as noted in subparagraph
(d), all endorsements issued for master
or mate of vessels of not more than 200
gross tons are issued in 50 ton increments based on the applicants qualifying experience in accordance with
the provisions of § 11.422. See the tonnage and qualifying service discussion
in § 11.422 for further clarification.
(b) Service gained in the engineroom
on vessels of not more than 200 gross
tons may be creditable for up to 25 percent of the deck service requirements
for mate.
(c) When the service is obtained on
vessels upon which personnel with licenses or endorsements are not required, the OCMI must be satisfied that
the nature of this qualifying service
(i.e., size of vessel, route, equipment,
etc.) is a reasonable equivalent to the
duties performed on vessels which are
required to engage individuals with endorsements.
(d) When the qualifying service is obtained upon vessels of five gross tons or
less, the endorsement will be limited to
vessels of not more than 25 gross tons.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by USCG–2006–24371, 74
FR 11216 and 11243, Mar. 16, 2009]
§ 11.452 Service requirements for master of Great Lakes and inland steam
or motor vessels of not more than
200 gross tons.
(a) The minimum service required to
qualify an applicant for an endorsement as master of Great Lakes and inland steam or motor vessels of not
more than 200 gross tons is one year of
service on vessels. Six months of the
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§ 11.454
46 CFR Ch. I (10–1–11 Edition)
required service must have been as
master, mate, or equivalent supervisory position while holding a license
or MMC endorsement as master, mate,
master or mate (pilot) of towing vessels, or operator of uninspected passenger vessels. To obtain authority to
serve on the Great Lakes, three
months of the required service must
have been on Great Lakes waters, otherwise the endorsement will be limited
to the inland waters of the United
States (excluding the Great Lakes).
(b) In order to obtain an endorsement
for sail or auxiliary sail vessels, the applicant must have six months of service on sail or auxiliary sail vessels. The
required six months of service may
have been obtained prior to issuance of
the master’s license or MMC endorsement.
[CGD 81–059, 54 FR 140, Jan. 4, 1989, as amended by USCG–1999–6224, 64 FR 63228, Nov. 19,
1999; USCG–2006–24371, 74 FR 11243, Mar. 16,
2009]
§ 11.454 Service requirements for mate
of Great Lakes and inland steam or
motor vessels of not more than 200
gross tons.
(a) The minimum service required to
qualify an applicant for an endorsement as mate of Great Lakes and inland steam or motor vessels of not
more than 200 gross tons is six months
of service in the deck department of
steam or motor, sail, or auxiliary sail
vessels. To obtain authority to serve
on the Great Lakes, three months of
the required service must have been on
Great Lakes waters, otherwise the endorsement will be limited to the inland
waters of the United States (excluding
the Great Lakes).
(b) In order to obtain an endorsement
for sail or auxiliary sail vessels, the applicant must submit evidence of three
months of service on sail or auxiliary
sail vessels.
(c) An endorsement as master of
steam or motor vessels may be endorsed as mate of sail or auxiliary sail
vessels upon presentation of three
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, three 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) In order to obtain a tonnage endorsement of over 100 gross tons, the
applicant must complete the additional
examination topics indicated in subpart I of this part.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended at 54 FR 140, Jan. 4, 1989; USCG–
2006–24371, 74 FR 11243, Mar. 16, 2009]
§ 11.455 Service requirements for master of Great Lakes and inland steam
or motor vessels of not more than
100 gross tons.
(a) The minimum service required to
qualify an applicant for an endorsement as master of Great Lakes and inland steam or motor vessels of not
more than 100 gross tons is one year of
total service in the deck department of
steam or motor, sail, or auxiliary sail
vessels. To obtain authority to serve
on the Great Lakes, three months of
the required service must have been on
Great Lakes waters, otherwise the endorsement will be limited to the inland
waters of the United States (excluding
the Great Lakes).
(b) In order to obtain an endorsement
for sail or auxiliary sail vessels, the applicant must submit evidence of six
months of service on sail or auxiliary
sail vessels. The required six months of
service may have been obtained prior
to issuance of the endorsement.
[CGD 81–059, 54 FR 140, Jan. 4, 1989, as amended by USCG–2006–24371, 74 FR 11243, Mar. 16,
2009]
§ 11.456 Service requirements for limited master of Great Lakes and inland steam or motor vessels of not
more than 100 gross tons.
Limited masters’ endorsements for
vessels of not more than 100 gross tons
upon Great Lakes and inland waters
may be issued to applicants to be employed by organizations such as formal
camps, educational institutions, yacht
clubs, and marinas with reduced service requirements. An endorsement
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Coast Guard, DHS
§ 11.462
issued under this paragraph is limited
to the specific activity and the locality
of the camp, yacht club or marina. In
order to obtain this restricted endorsement, an applicant must:
(a) Have four months of service in the
operation of the type of vessel for
which the endorsement is requested;
and,
(b) Satisfactorily complete a safe
boating course approved by the National Association of State Boating
Law Administrators, a public education course conducted by the U.S.
Power Squadron or the American Red
Cross, or a Coast Guard approved
course. This course must have been
completed within five years before the
date of application; and,
(c) Pass a limited examination appropriate for the activity to be conducted
and the route authorized.
(d) The first aid and cardiopulmonary
resuscitation (CPR) course certificates
required by § 11.205(e) of this part will
only be required when, in the opinion
of the OCMI, the geographic area over
which service is authorized precludes
obtaining medical services within a
reasonable time.
to issuance of the license or MMC endorsement.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by CGD 81–059, 54 FR
140, Jan. 4, 1989; USCG–2000–7790, 65 FR 58458,
Sept. 29, 2000; USCG–2006–24371, 74 FR 11243,
Mar. 16, 2009]
(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 gross tons.
(b) Endorsements as master or mate
of uninspected fishing industry vessels
are issued for either ocean or nearcoastal 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 § 11.401(g) of this subpart.
(c) An applicant for an endorsement
as master of uninspected fishing industry vessels must have four years of
total service on ocean or near coastal
routes. Service on Great Lakes or inland waters may substitute for up to
two years of the required service. One
year of the required service must have
§ 11.457 Service requirements for master of inland steam or motor vessels
of not more than 100 gross tons.
(a) An applicant for an endorsement
as master of inland steam or motor
vessels of not more than 100 gross tons
must present one year of service on
any waters. In order to raise the tonnage limitation over 100 gross tons, the
examination topics indicated in subpart I of this part must be completed in
addition to satisfying the experience
requirements of § 11.452(a).
(b) In order to obtain an endorsement
for sail or auxiliary sail vessels, the applicant must submit evidence of six
months of service on sail or auxiliary
sail vessels. The required six months of
service may have been obtained prior
[CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by CGD 81–059, 54 FR
141, Jan. 4, 1989; USCG–2006–24371, 74 FR 11243,
Mar. 16, 2009]
§ 11.459 Service requirements for master or mate of rivers.
(a) An applicant for an endorsement
as master of river steam or motor vessels of any gross tons must meet the
same service requirements as master of
inland steam or motor vessels of any
gross tons.
(b) An applicant for an endorsement
as master or mate of river steam or
motor vessels, with a limitation of 25–
1600 gross tons, must meet the same
service requirements as those required
by this subpart for the corresponding
tonnage Great Lakes and inland steam
or motor endorsement. Service on the
Great Lakes is not, however, required.
[CGD 81–059, 54 FR 141, Jan. 4, 1989, as amended by USCG–2006–24371, 74 FR 11244, Mar. 16,
2009]
§ 11.462 Endorsements for master or
mate of uninspected fishing industry vessels.
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§ 11.462
46 CFR Ch. I (10–1–11 Edition)
been as master, mate, or equivalent supervisory position while holding a license or MMC endorsement as master,
mate, master or mate (pilot) of towing
vessels, or OUPV.
(1) To qualify for an endorsement for
not more than 500 gross tons, at least
two years of the required service, including the one year as master, mate
or equivalent, must have been on vessels of more than 50 gross tons.
(2) To qualify for an endorsement for
not more than 1,600 gross tons, at least
two years of the required service, including the one year as master, mate,
or equivalent, must have been on vessels of more than 100 gross tons.
(3) To qualify for an endorsement for
more than 1,600 gross tons, but not
more than 5,000 gross tons, the vessel
tonnage upon which the four 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
gross tons, 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 gross tons also requires one
year as master, mate, or equivalent on
vessels more than 100 gross tons.
(4) The tonnage limitation for this
endorsement may be raised using one
of the following methods but cannot
exceed 5,000 gross tons. Limitations are
in multiples of 1,000 gross tons, using
the next higher figure when an intermediate tonnage is calculated.
(i) Three months service as master on
a vessel results in a limitation in that
capacity equal to the tonnage of that
vessel rounded up to the next multiple
of 1000 gross tons;
(ii) Six months service as master on
a vessel results in a limitation in that
capacity equal to 150% of the tonnage
of that vessel;
(iii) Six months service as master on
vessels over 1600 gross tons results in
raising the limitation to 5000 gross
tons;
(iv) Six months service as mate on
vessels over 1600 gross tons results in
raising the limitation for master to the
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 gross tons; or
(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 three years of total
service on ocean or near-coastal routes.
Service on Great Lakes or inland waters may substitute for up to 18 months
of the required service.
(1) To qualify for an endorsement of
not more than 500 gross tons, at least
one year of the required service must
have been on vessels of more than 50
gross tons.
(2) To qualify for an endorsement of
not more than 1,600 gross tons, at least
one year of the required service must
have been on vessels of more than 100
gross tons.
(3) To qualify for an endorsement of
more than 1,600 gross tons, but not
more than 5,000 gross tons, the vessel
tonnage upon which the three 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 gross tons, 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 gross tons. Limitations are
in multiples of 1000 gross tons, using
the next higher figure when an intermediate tonnage is calculated.
(i) Three months service as mate on a
vessel results in a limitation in that
capacity equal to the tonnage of that
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Coast Guard, DHS
§ 11.464
(1) Master of towing vessels.
(2) Master of towing vessels, limited.
(3) Mate (pilot) of towing vessels.
(4) Mate (pilot) of towing vessels,
limited.
(5) Apprentice mate (steersman).
(6) Apprentice mate (steersman), limited.
(b) 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 gross tons limited to a
local area within the Great Lakes, inland waters, or Western Rivers designated by the OCMI.
vessel rounded up to the next multiple
of 1000 gross tons;
(ii) Six months service as mate on a
vessel results in a limitation in that
capacity equal to 150% of the tonnage
of that vessel;
(iii) Six months service as mate on
vessels over 1600 gross tons results in
raising the limitation to 5000 gross
tons;
(iv) One year of service as deckhand
on vessels more than 1,600 gross tons
while holding a license or MMC endorsement as mate, results in raising
the limitation on the MMC to 5,000
gross tons;
(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 gross tons; or
(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.
[USCG–1999–6224, 64 FR 63228, Nov. 19, 1999, as
amended at 66 FR 20936, Apr. 26, 2001; 68 FR
35812, June 17, 2003; USCG–2006–24371, 74 FR
11244, Mar. 16, 2009]
§ 11.464 Requirements for endorsements as master of towing vessels.
(a) If you would like to obtain an endorsement as master of towing vessels
with a route listed in column 1 of table
11.464(a) of this section, then you must
complete the service requirements indicated in columns 2 through 5. You
may serve on the subordinate routes
listed in column 6 without further endorsement.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended at 54 FR 141, Jan. 4, 1989; USCG–
1999–6224, 64 FR 63228, Nov. 19, 1999; USCG–
2006–24371, 74 FR 11244, Mar. 16, 2009]
§ 11.463 General requirements for endorsements as master, mate (pilot),
and apprentice mate (steersman) of
towing vessels.
(a) The Coast Guard issues the following endorsements:
TABLE 11.464(a)—REQUIREMENTS FOR ENDORSEMENT AS MASTER OF TOWING VESSELS 1
(1)
(2)
(3)
(4)
Route endorsed
Total
service 2
TOS 3 on T/V as
mate (pilot)
TOS 3 on T/V as
mate (pilot) not as
harbor assist
TOS 3 on
particular route
Subordinate
route
authorized
1
2
3
4
5
6
OCEANS (O) ...................................
NEAR-COASTAL (NC) ....................
GREAT LAKES—INLAND (GL–I) ...
WESTERN RIVERS (WR) ...............
48
48
48
48
18
18
18
18
of
of
of
of
48
48
48
48
...............
...............
...............
...............
12
12
12
12
of
of
of
of
18
18
18
18
...............
...............
...............
...............
3
3
3
3
of
of
of
of
18 ...........
18 ...........
18.
18.
NC, GL–I
GL–I
1 If you hold an endorsement as master of towing vessels you may have an endorsement-as mate (pilot) of towing vessels for
a route superior to your current route on which you have no operating experience—placed on your MMC after passing an examination for that additional route. After you complete 90 days of experience and complete a Towing Officer’s Assessment Record
on that route, we will add it to your endorsement as master of towing vessels and remove the one for mate (pilot) of towing vessels.
2 Service is in months.
3 TOS is time of service.
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§ 11.465
46 CFR Ch. I (10–1–11 Edition)
(b) If you would like to obtain an endorsement as master of towing vessels
(limited), then you must complete the
requirements listed in columns 2
through 5 of table 11.464(b) of this section.
TABLE 11.464(b)—REQUIREMENTS FOR ENDORSEMENT AS MASTER OF TOWING VESSELS
[Limited]
Route endorsed
Total service 1
1
2
LIMITED LOCAL AREA (LLA) ..........
36
TOS 2 on T/V
as limited
apprentice mate
(steersman)
TOS 2 on
particular route
TOAR or an
approved course
3
4
18 of 48 .....................
12 of 18 .....................
5
3 of 18.
1 Service
2 TOS
is in months.
is time of service.
(c) If you hold a license or MMC endorsement as mate (pilot) of towing
vessels, you may have master of towing
vessels (limited) added to your MMC
for a limited local area within the
scope of your current route.
(d) Before you serve as master of towing vessels on the Western Rivers, you
must possess 90 days of observation and
training and have your MMC include
an endorsement for Western Rivers.
(e) 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.
(f) If you hold a license or MMC endorsement as a master of steam or
motor vessels of greater than 200 gross
register tons, you may operate towing
vessels within any restrictions on your
endorsement if you:
(1) Have a minimum of 30 days of
training and observation on towing
vessels for the route being assessed, except as noted in paragraph (e) of this
section; and
(2) Either—
(i) Hold a completed Towing Officer’s
Assessment Record (TOAR) described
in § 11.304(h) that shows evidence of assessment of practical demonstration of
skills; or
(ii) Complete an approved training
course.
(3) Your license or MMC does not
need to include a towing endorsement
if you hold a TOAR or complete an approved training course.
(g) If you began your service or training in the towing industry before May
21, 2001, you may receive a license as
master of towing vessels if before May
21, 2004, you complete the examination
required by 46 CFR 10.903(a)(18)(i) and
meet either of the following two requirements:
(1) Three years of service, including—
(i) Two years on deck aboard a vessel
8 meters (26 feet) or more in length;
(ii) One year on deck aboard a towing
vessel, with at least 6 months of training or duty in the wheelhouse of the
towing vessel; and
(iii) Three months in each particular
geographic area for which you are
seeking authority; or
(2) Three years of service aboard towing vessels, including—
(i) One year on deck, with at least 6
months of training or duty in the
wheelhouse of the towing vessel; and
(ii) Three months in each particular
geographic area for which you are
seeking authority.
Your license does not need a towing
endorsement if you hold a TOAR or a
course completion certificate.
[USCG–1999–6224, 64 FR 63228, Nov. 19, 1999, as
amended at 66 FR 20937, Apr. 26, 2001; 68 FR
35812, June 17, 2003; USCG–2008–0906, 73 FR
56508, Sept. 29, 2008; USCG–2006–26202, 73 FR
52794, Sept. 11, 2008; USCG–2006–24371, 74 FR
11244, Mar. 16, 2009]
§ 11.465 Requirements for endorsements as mate (pilot) of towing vessels.
(a) If you would like to obtain an endorsement as mate (pilot) of towing
vessels endorsed with a route listed in
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Coast Guard, DHS
§ 11.465
column 1 of table 11.465(a) of this section, then you must complete the service in columns 2 through 5. If you hold
a license or MMC endorsement as master of towing vessels (limited) and
would like to upgrade it to mate (pilot)
of towing vessels, then you must complete the service in columns 5 and 6. 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 the completed Coast Guard-approved training programs.
TABLE 11.465–1—REQUIREMENTS FOR ENDORSEMENT AS MATE (PILOT 1) OF TOWING VESSELS
(1)
(2)
(3)
(5)
Route endorsed
Total
service 2
1
2
OCEANS (O) .............................
NEAR-COASTAL (NC) .............
GREAT LAKES-INLAND (GL-I)
WESTERN RIVERS (WR) ........
TOS 3 on T/V
as apprentice mate
(steersman) 5
TOS 3
on
particular
route
3
30
30
30
30
12
12
12
12
of
of
of
of
30
30
30
30
TOAR 4
or an
approved
course
4
.......
.......
.......
......
3
3
3
3
of
of
of
of
30 days of observation and
training while
holding master (limited)
and pass a limited
examination
5
12
12
12
12
YES
YES
YES
YES
6
....
....
....
....
Subordinate route
authorized
7
YES ........................................
YES ........................................
YES ........................................
NO (90 days service required)
NC, GL–I
GL–I
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 TOAR is Towing Officers’ Assessment Record.
5 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.
(b) Before you serve as mate (pilot) of
towing vessels on the Western Rivers,
you must possess 90 days of observation
and training and have your 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) If you hold a license or MMC endorsement as a mate of inspected, selfpropelled vessels of greater than 200
GRT or one as first-class pilot, then
you may operate towing vessels within
any restrictions on your credential if
you:
(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’s
Assessment Record (TOAR) described
in § 11.304(h) that shows evidence of assessment of practical demonstration of
skills.
(3) Your license or MMC does not
need to include a towing endorsement
if you hold a TOAR or a course completion certificate.
(e) If you hold any endorsement as a
master of steam or motor vessels of
any tonnage that is 200 GRT or less, except for the limited masters endorsements specified in 46 CFR 11.429 and
11.456, then you 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 paragraph (e) of this section;
(2) Successfully completing the appropriate TOAR;
(3) Successfully completing the appropriate apprentice mate exam; and
(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.
(f) 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
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§ 11.466
46 CFR Ch. I (10–1–11 Edition)
(dependent upon route) required by
§ 11.910–2
for
apprentice
mate
(steersman), towing vessels on ocean
and near coastal routes; apprentice
mate (steersman), towing vessels on
Great Lakes and inland routes; or,
steersman, towing vessels on Western
Rivers routes.
(g) If you began your service or training before May 21, 2001, you may receive a license as mate of towing vessels if before November 21, 2003, you
complete the examination required by
§ 10.903(a)(18)(i) and meet the requirements in either paragraph (f)(1)(i) or
(f)(1)(ii) of this section:
(1) You must have served at least 18
months on deck, including 12 months
on towing vessels. This service must
have included—
(i) At least 3 months of training or
duty in the wheelhouse of towing vessels, and 3 months of service in each
particular geographic area for which
you seek endorsement on the license;
and
(ii) At least 6 months on towing vessels while holding a merchant mariner’s document endorsed as able seaman unlimited, able seaman limited, or
able seaman special, including 3
months in each particular geographic
area for which you seek an endorsement; and either—
(A) Two months of training or duty
in the wheelhouse; or
(B) One month of training or duty in
the wheelhouse combined with completion of a course of training as towboat
operator approved by the Commanding
Officer, National Maritime Center,
under subpart C of this part.
[USCG–1999–6224, 64 FR 63232, Nov. 19, 1999, as
amended at 66 FR 20940, Apr. 26, 2001; 68 FR
35814, June 17, 2003; USCG–2006–26202, 73 FR
52794, Sept. 11, 2008; USCG–2006–24371, 74 FR
11245, Mar. 16, 2009]
§ 11.466 Requirements for endorsements
as
apprentice
mate
(steersman) of towing vessels.
(a) As Table 11.466(a) shows, if you
would like to obtain an endorsement as
apprentice mate (steersman) of towing
vessels listed in column 1, endorsed
with a route listed in column 2, then
you must complete the service requirements indicated in columns 3 through
6.
TABLE 11.466(a)—REQUIREMENTS FOR ENDORSEMENT AS APPRENTICE MATE (STEERSMAN) OF
TOWING VESSELS
Endorsement
Route endorsed
Total
service 1
TOS 2 on
T/V
TOS 2 on
particular
route
Pass examination 3
1
2
3
4
5
6
(1) APPRENTICE MATE (STEERSMAN) ........
OCEANS (0) ......................
NEAR-COASTAL (NC) ......
GREAT LAKES ..................
INLAND (GL–I) ...................
WESTERN RIVERS (WR)
NOT APPLICABLE ............
(2) APPRENTICE MATE (STEERSMAN) (LIMITED).
18
18
18
18
18
18
12
12
12
12
12
12
of
of
of
of
of
of
18
18
18
18
18
18
...
...
...
...
...
...
3
3
3
3
3
3
of
of
of
of
of
of
18
18
18
18
18
18
.....
.....
.....
.....
.....
.....
YES.
YES.
YES.
YES.
YES.
YES.
1 Service
is in months.
is time of service.
examination for apprentice mate is specified in subpart I of this part. The examination for apprentice mate (limited) is a
limited examination.
4 For all inland routes, as well as Western Rivers, the endorsement as steersman is equivalent to that as apprentice mate. All
qualifications and equivalencies are the same.
2 TOS
3 The
(b) If you hold a license or endorsement as apprentice mate (steersman)
of towing vessels you may obtain a restricted endorsement as limited apprentice mate (steersman). This endorsement will go on your MMC after
you pass an examination for a route
that is not included in the current endorsements and on which you have no
operating experience. Upon completion
of 3 months of experience on that
route, you may have the restriction removed.
[USCG–1999–6224, 64 FR 63234, Nov. 19, 1999, as
amended at 66 FR 20942, Apr. 26, 2001; 68 FR
35816, June 17, 2003; USCG–2006–24371, 74 FR
11246, Mar. 16, 2009]
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Coast Guard, DHS
§ 11.470
§ 11.467 Endorsement as operators of
uninspected passenger vessels of
less than 100 gross tons.
(a) This section applies to an applicant for the endorsement to operate an
uninspected vessel of less than 100
gross tons, equipped with propulsion
machinery of any type, carrying six or
less passengers.
(b) An endorsement for OUPV issued
for ocean waters will be limited to
near-coastal waters not more than 100
miles offshore. An endorsement issued
for inland waters will include all inland
waters, except Great Lakes. An endorsement may be issued for a particular local area under paragraph (g)
of this section.
(c) For an endorsement as OUPV on
near-coastal waters, an applicant must
have a minimum of 12-months experience in the operation of vessels, including at least three-months service on
vessels operating on ocean or nearcoastal waters.
(d) For an endorsement as OUPV on
the Great Lakes and inland waters, an
applicant must have 12-months service
on Great Lakes or inland waters, including at least three-months service
operating vessels on Great Lakes waters.
(e) For an endorsement as OUPV on
inland waters, an applicant must have
a minimum of 12-months experience in
the operation of vessels.
(f) An endorsement as OUPV, limited
to undocumented vessels, may be
issued to a person who is not a citizen
of the United States.
(g) Limited OUPV endorsements may
be issued to applicants 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 locality of
the camp, yacht club, or marina. In
order to obtain this restricted endorsement, an applicant must:
(1) Have three-months service in the
operation of the type of vessel for
which the endorsement is requested;
(2) Satisfactorily complete a safeboating 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 Guardapproved course;
(3) Pass a limited examination appropriate for the activity to be conducted
and the route authorized; and
(4) The first aid and cardiopulmonary
resuscitation (CPR) course certificates
required by § 11.205(e) of this part will
only be required when, in the opinion
of the OCMI, the geographic area over
which service is authorized precludes
obtaining medical services within a
reasonable time.
[USCG–2006–24371, 74 FR 11247, Mar. 16, 2009]
§ 11.468 Officer endorsements for mobile offshore drilling units.
Officer endorsements for service on
mobile offshore drilling units (MODUs)
authorize service on units of any gross
tons upon ocean waters while on location or while underway, as restricted
on the endorsement, except when moving independently under their own
power.
[CGD 81–059a, 55 FR 14799, Apr. 18, 1990, as
amended by USCG–2006–24371, 74 FR 11244,
Mar. 16, 2009]
§ 11.470 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; or
(5) OIM Bottom Bearing Units Underway.
(b) To qualify for an endorsement as
OIM unrestricted, an applicant must:
(1) Present evidence of the following
experience:
(i) Four years of employment assigned to MODUs including at least one
year of service as driller, assistant
driller,
toolpusher,
assistant
toolpusher, barge supervisor, mechanical supervisor, electrician, crane operator, ballast control operator or equivalent supervisory position on MODUs,
with a minimum of 14 days of that supervisory service on surface units; or
(ii) A degree from a program in engineering or engineering technology
which is accredited by the Accreditation Board for Engineering and Technology (ABET). Commanding Officer,
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§ 11.470
46 CFR Ch. I (10–1–11 Edition)
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 Guardapproved stability course approved for
a license or MMC endorsement as OIM
unrestricted;
(ii) A certificate from a Coast Guard
approved survival suit and survival
craft training course;
(iii) A certificate from a U.S. Minerals Management Service approved
blowout prevention and well control
training program for the driller,
toolpusher, or operator representative
position;
(iv) A certificate from a firefighting
training
course
as
required
by
§ 11.205(d) of this part; and
(3) Provide a recommendation signed
by a senior company official which:
(i) Provides a description of the applicant’s experience and qualifications;
(ii) Certifies that the individual has
successfully directed, while under the
supervision of an experienced rig
mover, two rig moves each of surface
units and of bottom bearing units; and
(iii) Certifies that one of the rig
moves
required
under
paragraph
(b)(3)(ii) of this section was completed
within one year preceding date of application.
(c) An applicant for an endorsement
as OIM unrestricted who holds an unlimited license 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 the following
experience:
(i) Four years of employment assigned to MODUs including at least one
year of service as driller, assistant
driller,
toolpusher,
assistant
toolpusher, barge supervisor, mechanical supervisor, electrician, crane operator, ballast control operator or equivalent supervisory position on MODUs,
with a minimum of 14 days of that supervisory service on surface units; or
(ii) A degree from a program in engineering or engineering technology
which is accredited by the Accreditation Board for Engineering and Technology (ABET). Commanding Officer,
National Maritime Center will give
consideration to accepting education
credentials from programs having
other than ABET accreditation. An applicant qualifying through a degree
program must also have at least 168
days of service as driller, assistant
driller,
toolpusher,
assistant
toolpusher, barge supervisor, mechanical supervisor, electrician, crane operator, ballast control operator or equivalent supervisory position of MODUs,
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 Guardapproved 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 U.S. Minerals Management Service approved
blowout prevention and well control
training program for the driller,
toolpusher, or operator representative
position; and
(iv) A certificate from a firefighting
training
course
as
required
by
§ 11.205(d) 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.
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Coast Guard, DHS
§ 11.470
(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 one year preceding date
of application; or
(ii) A recommendation signed by a
senior company official which:
(A) Provides a description of the applicant’s experience and company
qualifications program completed;
(B) Certifies that the applicant has
witnessed ten rig moves either as an
observer in training or as a rig mover
under supervision;
(C) Certifies that the individual has
successfully directed, while under the
supervision of an experienced rig
mover, five rig moves of surface units;
and
(D) Certifies that one of the rig
moves
required
under
paragraph
(f)(1)(ii)(C) of this section was completed within one year preceding date
of application; and
(2) Present evidence of training
course completion as follows:
(i) A certificate from a Coast Guardapproved stability course approved for
an OIM surface units endorsement;
(ii) A certificate from a Coast Guard
approved survival suit and survival
craft training course; and
(iii) A certificate from a firefighting
training
course
as
required
by
§ 11.205(d) 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 one year
preceding date of application.
(h) To qualify for an endorsement as
OIM bottom bearing units on location,
an applicant must:
(1) Present evidence of the following
experience:
(i) Four years of employment assigned to MODUs including at least one
year of service as driller, assistant
driller,
toolpusher,
assistant
toolpusher, barge supervisor, mechanical supervisor, electrician, crane operator, ballast control operator or equivalent supervisory position on MODUs;
or
(ii) A degree from a program in engineering or engineering technology
which is accredited by the Accreditation Board for Engineering and Technology (ABET). Commanding Officer,
National Maritime Center will give
consideration to accepting education
credentials from programs having
other than ABET accreditation. An applicant qualifying through a degree
program must also have at least 168
days of service as driller, assistant
driller,
toolpusher,
assistant
toolpusher, barge supervisor, mechanical supervisor, electrician, crane operator, ballast control operator or equivalent supervisory position on MODUs;
and
(2) Present evidence of training
course completion as follows:
(i) A certificate from a Coast Guard
approved survival suit and survival
craft training course;
(ii) A certificate from a U.S. Minerals
Management Service approved blowout
prevention and well control training
program for the driller, toolpusher, or
operator representative position; and
(iii) A certificate from a firefighting
training
course
as
required
by
§ 11.205(d) of this part.
(i) An applicant for an endorsement
as OIM bottom bearing units on location who holds an unlimited license or
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§ 11.472
46 CFR Ch. I (10–1–11 Edition)
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 one year preceding date
of application; or
(ii) A recommendation signed by a
senior company official which:
(A) Provides a description of the applicant’s experience and company
qualifications program completed;
(B) Certifies that the applicant has
witnessed ten rig moves either as an
observer in training or as a rig mover
under supervision;
(C) Certifies that the individual has
successfully directed, while under the
supervision of an experienced rig
mover, five rig moves of bottom bearing units; and
(D) Certifies that one of the rig
moves
required
under
paragraph
(j)(1)(ii)(C) of this section was completed within one year preceding date
of application; and
(2) Present evidence of training
course completion as follows:
(i) A certificate from a Coast Guardapproved stability course approved for
a license or MMC endorsement as OIM
bottom bearing units;
(ii) A certificate from a Coast Guard
approved survival suit and survival
craft training course; and
(iii) A certificate from a firefighting
training
course
as
required
by
§ 11.205(d) 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 one year
preceding date of application.
[CGD 81–059a, 55 FR 14799, Apr. 18, 1990, as
amended by CGD 95–072, 60 FR 50460, Sept. 29,
1995; CGD 95–028, 62 FR 51195, Sept. 30, 1997;
USCG–1998–4442, 63 FR 52189, Sept. 30, 1998;
USCG–2006–24371, 74 FR 11247, Mar. 16, 2009]
§ 11.472 Officer endorsements as barge
supervisor.
(a) To qualify for an endorsement as
barge supervisor (BS), an applicant
must:
(1) Present evidence of the following
experience:
(i) Three years of employment assigned to MODUs including at least 168
days of service as driller, assistant
driller, toolpusher, assistant tool pusher, mechanic, electrician, crane operator, subsea specialist, ballast control
operator or equivalent supervisory position on MODUs. At least 84 days of
that service shall have been as a ballast control operator or barge supervisor trainee; or
(ii) A degree from a program in engineering or engineering technology
which is accredited by the Accreditation Board for Engineering and Technology (ABET). Commanding Officer,
National Maritime Center will give
consideration to accepting education
credentials from programs having
other than ABET accreditation. An applicant qualifying through a degree
program must also have at least 168
days of service as driller, assistant
driller,
toolpusher,
assistant
toolpusher,
mechanic,
electrician,
crane operator, subsea specialist, ballast control operator or equivalent supervisory position on MODUs. At least
84 days of that service shall have been
as a ballast control operator or barge
supervisor trainee; and
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Coast Guard, DHS
§ 11.480
(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 barge
supervisor;
(ii) A certificate from a Coast Guard
approved survival suit and survival
craft training course; and
(iii) A certificate from a firefighting
training
course
as
required
by
§ 11.205(d) of this part.
(b) An applicant for an endorsement
as BS 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.
[CGD 81–059a, 55 FR 14801, Apr. 18, 1990, as
amended by CGD 95–072, 60 FR 50460, Sept. 29,
1995; CGD 95–028, 62 FR 51195, Sept. 30, 1997;
USCG–1998–4442, 63 FR 52189, Sept. 30, 1998;
USCG–2006–24371, 74 FR 11248, Mar. 16, 2009]
§ 11.474 Officer endorsements as ballast control operator.
(a) To qualify for an endorsement as
ballast control operator (BCO), an applicant must:
(1) Present evidence of the following
experience:
(i) One year of employment assigned
to MODUs including at least 28 days of
service as a trainee under the supervision of an individual holding a license or MMC endorsement as ballast
control operator; or
(ii) A degree from a program in engineering or engineering technology
which is accredited by the Accreditation Board for Engineering and Technology (ABET). Commanding Officer,
National Maritime Center will give
consideration to accepting education
credentials from programs having
other than ABET accreditation. An applicant qualifying through a degree
program must also have at least 28
days of service as a trainee under the
supervision of 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
a license or MMC endorsement as barge
supervisor or ballast control operator;
(ii) A certificate from a Coast Guard
approved survival suit and survival
craft training course; and
(iii) A certificate from a firefighting
training
course
as
required
by
§ 11.205(d) 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 ballast control operator.
[CGD 81–059a, 55 FR 14801, Apr. 18, 1990, as
amended by CGD 95–072, 60 FR 50460, Sept. 29,
1995; CGD 95–028, 62 FR 51196, Sept. 30, 1997;
USDA–1998–4442, 63 FR 52189, Sept. 30, 1998;
USCG–2006–24371, 74 FR 11248, Mar. 16, 2009]
§ 11.476
[Reserved]
§ 11.480
Radar observer.
(a) This section contains the requirements that an applicant must meet to
qualify as a radar observer. (Part 15 of
this chapter specifies who must qualify
as a radar observer.)
(b) If an applicant meets the requirements of this section, one of the following Radar-Observer endorsements
will be added to his or her MMC:
(1) Radar Observer (Unlimited).
(2) Radar Observer (Inland Waters
and 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 paragraphs
(e) and (f) of this section, each applicant for a Radar-Observer endorsement
or for renewal of an endorsement must
complete the appropriate course approved by the Coast Guard, receive the
appropriate certificate of training, and
present the certificate to the OCMI.
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§ 11.482
46 CFR Ch. I (10–1–11 Edition)
(e) An applicant who possesses a
Radar-Observer endorsement, resides in
a remote geographic area, and can substantiate to the satisfaction of the
OCMI that the applicant’s absence will
disrupt normal movement of commerce, or that the applicant cannot attend an approved Radar-Observer renewal course, may have his or her endorsement renewed upon successful
completion of an examination administered by the Coast Guard, or by a third
party acceptable to the Coast Guard.
(f) A Radar-Observer endorsement
issued under this section is valid for 5
years after the month of issuance of
the certificate of training from a
course approved by the Coast Guard.
(g) A Radar-Observer endorsement
may be renewed at any time.
(h) 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.
(i) 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.
[CGD 94–041, 62 FR 11305, Mar. 11, 1997, as
amended by USCG–2006–26202, 73 FR 52795,
Sept. 11, 2008; USCG–2006–24371, 74 FR 11248,
Mar. 16, 2009]
§ 11.482
Assistance towing.
(a) This section contains the requirements to qualify for an endorsement
authorizing a mariner to engage in assistance towing. The endorsement applies to all MMCs except master and
mate (pilot) of towing vessels and master or mate authorizing service on inspected vessels over 200 gross tons.
Holders of any of these endorsements
may engage in assistance towing within the scope of their MMC or license.
(b) An applicant for an assistance
towing endorsement shall pass a written examination demonstrating his or
her knowledge of assistance towing
safety, equipment, and procedures.
(c) 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.
[CGD 87–017, 53 FR 18562, May 24, 1988, as
amended by USCG-1999–6224, 64 FR 63235,
Nov. 19, 1999; USCG–2006–24371, 74 FR 11248,
Mar. 16, 2009]
§ 11.491 Officer endorsements for service on offshore supply vessels.
Each officer endorsements for service
on offshore supply vessels (OSVs) authorizes service on OSVs as defined in
46 U.S.C. 2101(19) and as interpreted
under 46 U.S.C. 14104(b), subject to any
restrictions placed on the license or
MMC.
[CGD 95–062, 62 FR 34532, June 26, 1997, as
amended by USCG–2006–24371, 74 FR 11248,
Mar. 16, 2009]
§ 11.493
Master (OSV).
(a) Except as provided by paragraph
(b) of this section, to qualify for an endorsement as Master (OSV), an applicant shall present evidence that he or
she meets the appropriate requirements of STCW Regulation II/2.
(b) The OCMI may exempt an applicant from meeting any requirement
under STCW Regulation II/2 that the
OCMI determines to be inappropriate
or unnecessary for service on an OSV,
or that the applicant meets under the
equivalency provisions of Article IX of
STCW.
[CGD 95–062, 62 FR 34532, June 26, 1997, as
amended by USCG–2006–24371, 74 FR 11248,
Mar. 16, 2009]
§ 11.495
Chief Mate (OSV).
(a) Except as provided by paragraph
(b) of this section, to qualify for an endorsement as Chief Mate (OSV), an applicant shall present evidence that he
or she meets the appropriate requirements of STCW Regulation II/2.
(b) The OCMI may exempt an applicant from meeting any requirement
under STCW Regulation II/2 that the
OCMI determines to be inappropriate
or unnecessary for service on an OSV,
or that the applicant meets under the
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Coast Guard, DHS
§ 11.502
equivalency provisions of Article IX of
STCW.
[CGD 95–062, 62 FR 34532, June 26, 1997, as
amended by USCG–2006–24371, 74 FR 11248,
Mar. 16, 2009]
§ 11.497
Mate (OSV).
(a) Except as provided by paragraph
(b) of this section, to qualify for an endorsement as Mate (OSV), an applicant
shall present evidence that he or she
meets the appropriate requirements of
STCW Regulation II/1.
(b) The OCMI may exempt an applicant from meeting any requirement
under STCW Regulation II/1 that the
OCMI determines to be inappropriate
or unnecessary for service on an OSV,
or that the applicant meets under the
equivalency provisions of Article IX of
STCW.
[CGD 95–062, 62 FR 34532, June 26, 1997, as
amended by USCG–2006–24371, 74 FR 11248,
Mar. 16, 2009]
Subpart E—Professional
Requirements for Engineer Officer
§ 11.501 Grade and type of engineer
endorsements issued.
(a) 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; and,
(9) Assistant engineer uninspected
fishing industry vessels.
(b) Engineer endorsements issued in
the grades of chief engineer (limited)
and assistant engineer (limited) of
steam and/or motor vessels allow the
holder to serve within any horsepower
limitations on vessels of any gross tons
on inland waters and of not more than
1600 gross tons in ocean, near coastal or
Great Lakes service in the following
manner:
(1) Assistant engineer (limited—
oceans) may serve on ocean waters;
(2) Chief engineer (limited—near
coastal) may serve on near coastal waters; and,
(3) Chief engineer (limited-oceans)
may serve on ocean waters.
(c) Engineer licenses or MMC endorsements issued in the grades of designated duty engineer of steam and/or
motor vessels allow the holder to serve
within stated horsepower limitations
on vessels of not more than 500 gross
tons in the following manner:
(1) Designated duty engineers limited
to vessels of not more than 1000 horsepower or 4000 horsepower may serve
only on near coastal or inland waters;
(2) Designated duty engineers with no
horsepower limitations may serve on
any waters.
(d) An engineer officer’s license or
MMC endorsement authorizes service
on either steam or motor vessels or
may authorize both modes of propulsion.
(e) A person holding an engineer license or MMC endorsement which is restricted to near coastal waters may
serve within the limitations of the license or MMC upon near coastal, Great
Lakes, and inland waters.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended at 54 FR 142, Jan. 4, 1989; USCG–
2006–24371, 74 FR 11248, Mar. 16, 2009]
§ 11.502 Additional requirements
engineer endorsements.
(a) For all original and raise of grade
of engineer licenses or MMC endorsements, at least one-third of the minimum service requirements must have
been obtained on the particular mode
of propulsion for which applied.
(b) If an applicant desires to add a
propulsion mode to his or her endorsement, the following alternative methods, while holding a license or MMC endorsement in that grade, are acceptable:
(1) Four months of service as an observer in the same capacity as their endorsement on vessels of the other propulsion mode;
(2) Four months of service as an engineer officer at a lower level on vessels
of the other propulsion mode;
(3) Six months of service as oiler,
watertender, or junior engineer on vessels of the other propulsion mode; or,
(4) Completion of a Coast Guard approved training course for this endorsement.
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§ 11.503
46 CFR Ch. I (10–1–11 Edition)
(c) Applicants for an original, raise in
grade, or increase in the scope, of an
engineer license or MMC endorsement,
other than an increase in horsepower
limitation, who have not previously
done so must meet the requirements of
§ 11.205(d) of this part.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended at 54 FR 142, Jan. 4, 1989; USCG–
2006–24371, 74 FR 11249, Mar. 16, 2009]
§ 11.503 Horsepower limitations.
(a) Engineer licenses and endorsements of all grades and types may be
subject to horsepower limitations.
Other than as provided in § 11.524 of this
part for the designated duty engineer
(DDE), the horsepower limitation
placed on a license or MMC endorsement is based on the applicant’s qualifying experience considering the total
shaft horsepower of each vessel on
which the applicant has served.
(b) When an applicant for an original
or raise of grade of an engineer license
or MMC endorsement, other than a
DDE, has not obtained at least 50 percent of the required qualifying experience on vessels of 4,000 or more horsepower, a horsepower limitation is
placed on the MMC based on the applicant’s qualifying experience. The endorsement is limited to the maximum
horsepower on which at least 25 percent of the required experience was obtained, or 150 percent of the maximum
horsepower on which at least 50 percent of the service was obtained,
whichever is higher. Limitations are in
multiples of 1,000 horsepower, using the
next higher figure when an intermediate horsepower is calculated.
When the limitation as calculated
equals or exceeds 10,000 horsepower, an
unlimited horsepower endorsement is
issued.
(c) The following service on vessels of
4,000 horsepower or over will be considered qualifying for the raising or removing of horsepower limitations
placed on an engineer license or MMC
endorsement:
(1) Six months of service in the highest-grade endorsed: removal of all
horsepower limitations.
(2) Six months of service as an officer
in any capacity other than the highest
grade for which licensed or endorsed:
Removal of all horsepower limitations
for the grade in which service is performed and raise the next higher grade
endorsement to the horsepower of the
vessel on which service was performed.
The total cumulative service before
and after issuance of the limited license or MMC endorsement may be
considered in removing all horsepower
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 oceans): removal of all horsepower limitations on third assistant
engineer or assistant engineer’s (limited oceans) 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 horsepower
limitations on third assistant engineer’s endorsement.
(d) Raising or removing horsepower
limitations based on service required
by paragraph (c) of this section may be
granted without further written examination providing the OCMI who issued
the applicant’s license or MMC endorsement, considers further examination unnecessary.
[USCG–2006–24371, 74 FR 11249, Mar. 16, 2009]
§ 11.504 Application of deck service for
limited engineer endorsements.
Service gained in the deck department on vessels of appropriate tonnage
may substitute for up to 25 percent or
6 months, whichever is less, of the service requirement for an endorsement as
chief engineer (limited), assistant engineer (limited), or designated duty engineer.
[CGD 81–059, 54 FR 142, Jan. 4, 1989, as amended by USCG–2006–24371, 74 FR 11249, Mar. 16,
2009]
§ 11.505
Engineer officer structure.
The following diagram illustrates the
engineering endorsement structure including cross over points. The section
numbers on the diagram refer to the
specific requirements applicable.
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Coast Guard, DHS
§ 11.510
[CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by CGD 81–059, 54 FR 142,
Jan. 4, 1989; USCG–2006–24371, 74 FR 11249, Mar. 16, 2009]
§ 11.510 Service requirements for chief
engineer of steam and/or motor vessels.
The minimum service required to
qualify an applicant for endorsement
as chief engineer of steam and/or motor
vessels is:
(a) One year of service as first assistant engineer; or,
(b) One year of service while holding
a license or MMC endorsement as first
assistant engineer. A minimum of six
months of this service must have been
as first assistant engineer. Service as
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ER16MR09.003
171
§ 11.512
46 CFR Ch. I (10–1–11 Edition)
an assistant engineer is accepted on a
two-for-one basis to a maximum of six
months (12 months of service as a second or third assistant engineer equals
six months of creditable service).
[CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by USCG–2006–24371, 74
FR 11216 and 11251, Mar. 16, 2009]
§ 11.512 Service requirements for first
assistant engineer of steam and/or
motor vessels.
The minimum service required to
qualify an applicant for endorsement
as first assistant engineer of steam
and/or motor vessels is one year of
service as an assistant engineer, while
holding a license or MMC endorsement
as second assistant engineer.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by USCG–2006–24371, 74
FR 11216 and 11251, Mar. 16, 2009]
§ 11.514 Service requirements for second assistant engineer of steam
and/or motor vessels.
The minimum service required to
qualify an applicant for endorsement
as second assistant engineer of steam
and/or motor vessels is:
(a) One year of service as an assistant
engineer, while holding a license or
MMC endorsement as third assistant
engineer; or,
(b) One year of service while holding
a license or MMC endorsement as third
assistant engineer which includes:
(1) A minimum of six months of service as third assistant engineer; and,
(2) Additional service as a qualified
member of the engine department, calculated on a two-for-one basis; or,
(c) One year of service as chief engineer (limited-oceans) of steam or
motor vessels, and completing the appropriate examination described in
subpart I of this part.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by USCG–2006–24371, 74
FR 11216 and 11251, Mar. 16, 2009]
§ 11.516 Service requirements for third
assistant engineer of steam and/or
motor vessels.
(a) The minimum service required to
qualify an applicant for endorsement
as third assistant engineer of steam
and/or motor vessels is:
(1) Three years of service in the
engineroom of vessels, two years of
which must have been as a qualified
member of the engine department;
(2) Three years of service as an apprentice to the machinist trade engaged in the construction or repair of
marine, locomotive, or stationary engines, together with one year service in
the engineroom as oiler, watertender,
or junior engineer;
(3) Graduation from:
(i) The U.S. Merchant Marine Academy (engineering curriculum);
(ii) The U.S. Coast Guard Academy
and completion of an on-board engineer
officer qualification program required
by the service;
(iii) The U.S. Naval Academy and
completion of an on-board engineer officer qualification program required by
the service;
(iv) The engineering class of a Maritime Academy approved by and conducted under the rules prescribed by
the Maritime Administrator and listed
in part 310 of this title;
(4) Graduation from the marine engineering course of a school of technology accredited by the Accreditation
Board for Engineering and Technology,
together with three months of service
in the engine department of steam or
motor vessels;
(5) Graduation from the mechanical
or electrical engineering course of a
school of technology accredited by the
Accreditation Board for Engineering
and Technology, together with six
months of service in the engine department of steam or motor vessels;
(6) Satisfactory completion of a
three-year apprentice engineers training program approved by the Commanding Officer, National Maritime
Center; or,
(7) One year of service as chief engineer (limited-near coastal) of steam or
motor vessels and completing the appropriate examination described in
subpart I of this part.
(b) Experience gained in the deck department on vessels of 100 gross tons or
over can be credited for up to three
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Coast Guard, DHS
§ 11.530
months of the service requirements
under paragraph (a)(1) of this section.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987 and
CGD 81–059, 54 FR 132, Jan. 4, 1989, as amended by CGD 95–072, 60 FR 50460, Sept. 29, 1995;
USCG-1998–4442, 63 FR 52189, Sept. 30, 1998;
USCG–2006–24371, 74 FR 11251, Mar. 16, 2009]
§ 11.518 Service requirements for chief
engineer (limited oceans) of steam
and/or motor vessels.
The minimum service required to
qualify an applicant for endorsement
as chief engineer (limited oceans) of
steam and/or motor vessels is five
years total service in the engineroom
of vessels. Two years of this service
must have been as an engineer officer.
Thirty months of the service must
have been as a qualified member of the
engine department (QMED) or equivalent supervisory position.
[USCG–2006–24371, 74 FR 11251, Mar. 16, 2009]
§ 11.520 Service requirements for chief
engineer (limited near coastal) of
steam and/or motor vessels.
The minimum service required to
qualify an applicant for endorsement
as chief engineer (limited near coastal)
of steam and/or motor vessels is four
years total service in the engineroom
of vessels. One year of this service
must have been as an engineer officer.
Two years of the service must have
been as a QMED or equivalent supervisory position.
[USCG–2006–24371, 74 FR 11251, Mar. 16, 2009]
§ 11.522 Service requirements for assistant engineer (limited oceans) of
steam and/or motor vessels.
The minimum service required to
qualify an applicant for endorsement
as assistant engineer (limited oceans)
of steam and/or motor vessels is three
years of service in the engineroom of
vessels. Eighteen months of this service must have been as a QMED or
equivalent supervisory position.
[USCG–2006–24371, 74 FR 11251, Mar. 16, 2009]
§ 11.524 Service requirements for designated duty engineer of steam and/
or motor vessels.
(a) DDE endorsements are issued in
three levels of horsepower limitations
dependent upon the total service of the
applicant and completion of appropriate examination. These MMCs are
limited to vessels of not more than 500
gross tons on certain waters as specified in § 11.501 of this part.
(b) The service requirements for endorsements as DDE are:
(1) For designated duty engineer of
steam and/or motor vessels of any
horsepower, the applicant must have
three
years
of
service
in
the
engineroom. Eighteen months of this
service must have been as a qualified
member of the engine department or
equivalent supervisory position.
(2) For designated duty engineer of
steam and/or motor vessels of not more
than 4,000 horsepower, the applicant
must have two years of service in the
engineroom. One year of this service
must have been as a qualified member
of the engine department or equivalent
supervisory position.
(3) For designated duty engineer of
steam and/or motor vessels of not more
than 1,000 horsepower, the applicant
must have one year of service in the
engineroom. Six months of this service
must have been as a qualified member
of the engine department or equivalent
supervisory position.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by USCG–2006–24371, 74
FR 11216 and 11251, Mar. 16, 2009]
§ 11.530 Endorsements for engineers of
uninspected fishing industry vessels.
(a) This section applies to endorsements for chief and assistant engineers
of all vessels, however propelled, navigating the high seas, which are documented to engage in the fishing industry, with the exception of:
(1) Wooden ships of primitive build;
(2) Unrigged vessels; and,
(3) Vessels of less than 200 gross tons.
(b) Endorsements as chief engineer
and assistant engineer of uninspected
fishing industry vessels are issued for
ocean waters and with horsepower limitations in accordance with the provisions of § 11.503 of this part.
(c) For an endorsement as chief engineer, the applicant must have served
four years in the engineroom of vessels.
One year of this service must have been
as an assistant-engineer officer or
equivalent supervisory position.
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§ 11.540
46 CFR Ch. I (10–1–11 Edition)
(d) For an endorsement as assistant
engineer, an applicant must have
served three 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.
[USCG–2006–24371, 74 FR 11251, Mar. 16, 2009]
§ 11.540 Endorsements for engineers of
mobile offshore drilling units.
Endorsements as chief engineer
(MODU) or assistant engineer (MODU)
authorize service on certain self-propelled or non-self-propelled units of
any horsepower where authorized by
the vessel’s certificate of inspection.
[USCG–2006–24371, 74 FR 11251, Mar. 16, 2009]
§ 11.542 Endorsement as chief engineer (MODU).
To qualify for an endorsement as
chief engineer (MODU) an applicant
must:
(a) Present evidence of the following
experience:
(1) Six years of employment assigned
to MODUs including three years of employment as mechanic, motorman,
subsea engineer, electrician, barge engineer,
toolpusher,
unit
superintendent, crane operator or equivalent. Eighteen months of that employment must have been assigned to selfpropelled or propulsion assisted units;
or
(2) Two years of employment assigned to MODUs as an assistant engineer (MODU). Twelve months of that
employment must have been assigned
to self-propelled or propulsion assisted
units; and
(b) Present evidence of completion of
a firefighting training course as required by § 11.205(d) of this part.
(c) If an applicant successfully completes a modified examination and possesses the total required sea service for
an endorsement as chief engineer
(MODU), but does not possess the required sea service on board self-propelled or propulsion assisted units, the
OCMI may issue the applicant an endorsement limited to non-self-propelled
units. The OCMI may remove the limi-
tation upon presentation of satisfactory evidence of the required self-propelled sea service and completion of
any additional required examination.
[CGD 81–059a, 55 FR 14802, Apr. 18, 1990, as
amended by CGD 81–059a, 59 FR 10756, Mar. 8,
1994; USCG–2006–24371, 74 FR 11251, Mar. 16,
2009]
§ 11.544 Endorsement as assistant engineer (MODU).
To qualify for an endorsement as assistant engineer (MODU) an applicant
must:
(a) Present evidence of the following
experience:
(1) Three years of employment assigned to MODUs including 18 months
of employment as mechanic, motorman, subsea engineer, electrician,
barge engineer, toolpusher, unit superintendent, crane operator or equivalent. Nine months of that employment
must have been assigned to self-propelled or propulsion assisted units;
(2) Three years of employment in the
machinist trade engaged in the construction or repair of diesel engines
and one year of employment assigned
to MODUs in the capacity of mechanic,
motorman, oiler, or equivalent. Nine
months of that employment must have
been assigned to self-propelled or propulsion assisted units; or
(3) A degree from a program in marine, mechanical, or electrical engineering technology which is accredited
by the Accreditation Board for Engineering and Technology (ABET). 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 six
months of employment in any of the
capacities listed in paragraph (a)(1) of
this section aboard self-propelled or
propulsion assisted units; and
(b) Present evidence of completion of
a firefighting training course as required by § 11.205(d) of this part.
(c) If an applicant successfully completes a modified examination and possesses the total required sea service for
an endorsement as an assistant engineer (MODU), but does not possess the
required sea service on board self-propelled or propulsion assisted units, the
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Coast Guard, DHS
§ 11.603
OCMI may issue the applicant an endorsement limited to non-self-propelled
units. The OCMI may remove the limitation upon presentation of the satisfactory evidence of the required selfpropelled sea service and completion of
any additional required examination.
[CGD 81–059a, 55 FR 14802, Apr. 18, 1990, as
amended by CGD 81–059a, 59 FR 10756, Mar. 8,
1994; CGD 95–072, 60 FR 50460, Sept. 29, 1995;
USCG-1998–4442, 63 FR 52189, Sept. 30, 1998;
USCG–2006–24371, 74 FR 11251, Mar. 16, 2009]
equivalency provisions of Article IX of
STCW.
[CGD 95–062, 62 FR 34533, June 26, 1997, as
amended by USCG–2006–24371, 74 FR 11251,
Mar. 16, 2009]
Subpart F—Credentialing of Radio
Officers
§ 11.601
Applicability.
[USCG–2006–24371, 74 FR 11251, Mar. 16, 2009]
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.
SOLAS is available from the International Maritime Organization (IMO), 4
Albert Embankment, London SE1 7SR,
England, telephone: +44 (0)20 7735 7611,
http://www.imo.org.
§ 11.553
[USCG–2006–24371, 74 FR 39218, Aug. 6, 2009]
§ 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.
Chief Engineer (OSV).
(a) Except as provided by paragraph
(b) of this section, to qualify for an endorsement as Chief engineer (OSV), an
applicant shall present evidence that
he or she meets the appropriate requirements of STCW Regulation III/2.
(b) The OCMI may exempt an applicant from meeting any requirement
under STCW Regulation III/2 that the
OCMI determines to be inappropriate
or unnecessary for service on an OSV,
or that the applicant meets under the
equivalency provisions of Article IX of
STCW.
[CGD 95–062, 62 FR 34532, June 26, 1997, as
amended by USCG–2006–24371, 74 FR 11251,
Mar. 16, 2009]
§ 11.555
Engineer (OSV).
(a) Except as provided by paragraph
(b) of this section, to qualify for an endorsement as Engineer (OSV), an applicant shall present evidence that he or
she meets the appropriate requirements of STCW Regulation III/1.
(b) The OCMI may exempt an applicant from meeting any requirement
under STCW Regulation III/1 that the
OCMI determines to be inappropriate
or unnecessary for service on an OSV,
or that the applicant meets under the
§ 11.603 Requirements for radio officers’ endorsements and STCW endorsements for GMDSS radio operators.
(a) Each applicant for an original endorsement or renewal of license shall
present a current first or second class
radiotelegraph operator license issued
by the Federal Communications Commission. The applicant shall enter on
the endorsement application form the
number, class, and date of issuance of
his or her Federal Communications
Commission license.
(b) [Reserved]
(c) Each applicant who furnishes evidence that he or she meets the standard of competence set out in STCW
Regulation IV/2 (incorporated by reference, see § 11.102), including the competence to transmit and receive information using subsystems of GMDSS, to
fulfill the functional requirements of
GMDSS, and to provide radio services
in emergencies is entitled to hold an
STCW endorsement suitable for performing
duties
associated
with
GMDSS.
[USCG–2006–24371, 74 FR 11252, Mar. 16, 2009]
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§ 11.701
46 CFR Ch. I (10–1–11 Edition)
Subpart G—Professional
Requirements for Pilots
SOURCE: CGD 81–059b, 52 FR 38659, Oct. 16,
1987 unless otherwise noted.
§ 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 route(s) 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 § 15.812 of this subchapter.
Therefore, first-class pilot endorsements will not be issued with tonnage
limitations of 1,600 gross tons or less.
[USCG–2006–24371, 74 FR 11252, Mar. 16, 2009]
§ 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
service in the deck department of
steam or motor vessels navigating on
oceans, coastwise, Great Lakes, or
bays, sounds, and lakes other than the
Great Lakes, as follows:
(i) 18 months of the 36 months service
must be as quartermaster, wheelsman,
able seaman, apprentice pilot, or in an
equivalent capacity, standing regular
watches at the wheel or in the pilothouse as part of routine duties.
(ii) At least 12 months of the 18
months service required in paragraph
(a)(1)(i) of this section must be on ves-
sels operating on the class of waters for
which pilotage is desired.
(2) River routes. The applicant must
have at least 36 months service in the
deck department of any vessel including at least 12 months service on vessels operating on the waters of rivers
while the applicant is serving in the capacity of quartermaster, wheelsman,
apprentice pilot, or deckhand who
stands watches at the wheel as part of
routine duties.
(3) Canal and small lakes routes. The
applicant must have at least 24 months
service in the deck department of any
vessel including at least 8 months service on vessels operating on canals or
small lakes.
(b) A graduate of the Great Lakes
Maritime Academy in the deck class
meets the service requirements of this
section for a license as first class pilot
on the Great Lakes.
(c) Completion of a course of pilot
training approved by the National Maritime Center under subpart C of this
part may be substituted for a portion
of the service requirements of this section in accordance with § 11.304 of this
part. Additionally, round trips made
during this training may apply toward
the route familiarization requirements
of § 11.705 of this part. An individual
using substituted service must have at
least nine months of shipboard service.
(d) An individual holding a license or
MMC endorsement as master or mate
of inspected steam or motor vessels of
over 1,600 gross tons meets the service
requirements of this section for an endorsement as first class pilot.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended at 54 FR 144, Jan. 4, 1989; CGD 95–
072, 60 FR 50460, Sept. 29, 1995; USCG–1998–
4442, 63 FR 52189, Sept. 30, 1998; USCG–1999–
6224, 64 FR 63235, Nov. 19, 1999; USCG–2006–
24371, 74 FR 11252, Mar. 16, 2009]
§ 11.705 Route familiarization requirements.
(a) The Officer in Charge, Marine Inspection having jurisdiction determines, within the range limitations
specified in this section, the number of
round trips required to qualify an applicant for a particular route, considering the following:
(1) The geographic configuration of
the waterway;
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Coast Guard, DHS
§ 11.711
(2) The type and size of vessels using
the waterway;
(3) The abundance or absence of aids
to navigation;
(4) The background lighting effects;
(5) The known hazards involved, including waterway obstructions or constrictions such as bridges, narrow
channels, or sharp turns; and,
(6) Any other factors unique to the
route that the OCMI deems appropriate.
(b) An applicant holding no other
deck officer endorsement seeking an
endorsement as first-class pilot shall
furnish evidence of having completed a
minimum number of round trips, while
serving as quartermaster, wheelsman,
able seaman, apprentice pilot, or in an
equivalent capacity, standing regular
watches at the wheel or in the pilot
house as part of routine duties, over
the route sought. Evidence of having
completed a minimum number of round
trips while serving as an observer,
properly certified by the master and/or
pilot of the vessel, is also acceptable.
The range of round trips for an endorsement is a minimum of 12 round
trips and a maximum of 20 round trips.
An applicant may have additional
routes added to the first-class pilot 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 firstclass pilot for a particular route shall
furnish evidence of having completed
the number of round trips 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 round trips for an endorsement is a minimum of eight round
trips and a maximum of 15 round trips.
(d) Unless determined impracticable
by the OCMI, 25% of the round trips required by the OCMI under this section
must be made during the hours of darkness.
(e) One of the round trips required by
the OCMI under this section must be
made over the route within the six
months immediately
date of application.
preceding
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended at 54 FR 144, Jan. 4, 1989; USCG–
2006–24371, 74 FR 11252, Mar. 16, 2009]
§ 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
over 1,600 gross tons seeking an endorsement as first-class pilot, is required to pass those portions of the examination described in subpart I of this
part that concern the specific route for
which endorsement is sought.
[USCG–2006–24371, 74 FR 11252, Mar. 16, 2009]
§ 11.709 Annual physical examination
requirements.
(a) This section applies only to an individual who pilots a vessel of 1,600
gross tons and over.
(b) Every person holding a license or
MMC endorsement as first-class pilot
shall have a thorough physical examination each year.
(c) Each annual physical examination
must meet the requirements specified
in § 10.215 of this chapter.
(d) An individual’s first class pilot
credential becomes invalid on the first
day of the month following the first
anniversary of the individual’s most recent physical examination satisfactorily completed; the individual may
not operate under the authority of that
credential until a physical examination has been satisfactorily completed.
(e) A first class pilot must provide
the Coast Guard with a copy of his or
her most recent physical examination.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by USCG–2006–24371, 74
FR 11216 and 11252, Mar. 16, 2009]
§ 11.711
Tonnage requirements.
(a) In order to obtain a first class
pilot endorsement authorizing service
on vessels of any gross tons over a particular route, the applicant must have
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§ 11.713
46 CFR Ch. I (10–1–11 Edition)
sufficient experience on vessels of over
1,600 gross tons.
(b) If an applicant does not have sufficient experience on vessels of over
1,600 gross tons, the endorsement will
be for a limited tonnage until the applicant completes a number of additional round trips, as determined by
the OCMI, within the range contained
in § 11.705 (b) or (c), as appropriate, on
vessels of over 1,600 gross tons.
(c) For purposes of this section, an
applicant is considered to have sufficient experience if the applicant has 18
months experience as master, mate,
quartermaster, wheelsman, able seaman, apprentice pilot, or in an equivalent capacity, standing regular watches
at the wheel or in the pilothouse as
part of routine duties, on vessels of
1,600 gross tons or over, and two-thirds
of the minimum number of round trips
required for the route have been on
vessels of 1,600 gross tons or over.
(d) For purposes of this section, for
experience with respect to tonnage on
towing vessels, the combined gross tonnage of the towing vessel and the vessel(s) towed will be considered. However, the OCMI may require that all or
a portion of the required number of
round trips be obtained on self-propelled vessels of 1,600 gross tons or
over, when the OCMI determines that
due to the nature of the waters and the
overall experience of the applicant,
self-propelled vessel experience is necessary to obtain a first class pilot endorsement that is not restricted to tug
and barge combinations.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by USCG–2006–24371, 74
FR 11216 and 11253, Mar. 16, 2009]
§ 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 a license or MMC endorsement. Round trips 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 discretion, allow the re-familiarization requirement to be satisfied by reviewing
appropriate navigation charts, coast
pilots tide and current tables, local Notice to Mariners, and any other materials which would provide the pilot
with current knowledge of the route.
Persons using this method of re-familiarization shall certify, when applying
for renewal of their license or 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.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by USCG–2006–24371, 74
FR 11216 and 11253, Mar. 16, 2009]
Subpart H—Registration of Staff
Officers
§ 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.
§ 11.803
[Reserved]
§ 11.805 General requirements.
(a) The applicant for an endorsement
as staff officer is not required to take
any examination; however, the applicant shall present to the OCMI a letter
justifying the need for the endorsement.
(b) [Reserved]
(c) An applicant for a higher grade in
the staff department shall apply in the
same manner as for an original endorsement and shall 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.
(d) Title 46 U.S.C. 8302 addresses uniforms for staff officers who are members of the Naval Reserve.
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Coast Guard, DHS
§ 11.901
(e) A duplicate MMC may be issued
by the OCMI. (See § 10.229 of this chapter.)
(f) An MMC is valid for a term of five
years from the date of issuance. Procedures for renewing endorsements are
found in § 10.227 of this chapter.
(g) Each applicant for an original or
a higher grade of endorsement, as described by paragraph (c) of this section,
shall produce evidence of having passed
a chemical test for dangerous drugs or
of qualifying for an exception from
testing in § 16.220 of this subchapter. An
applicant who fails a chemical test for
dangerous drugs will not be issued an
MMC.
[USCG–2006–24371, 74 FR 11253, Mar. 16, 2009]
§ 11.807 Experience requirements for
registry.
(a) The applicant for a certificate of
registry as staff officer shall submit
evidence of experience as follows:
(1) Chief purser. Two years of service
aboard vessels performing duties relating to work in the purser’s office.
(2) Purser. One year of service aboard
vessels performing duties relating to
work in the purser’s office.
(3) Senior assistant purser. Six months
of service aboard vessels performing
duties relating to work in purser’s office.
(4) Junior assistant purser. Previous
experience not required.
(5) Medical doctor. A valid license as
physician or surgeon issued under the
authority of a state or territory of the
United States, the Commonwealth of
Puerto Rico, or the District of Columbia.
(6) Professional nurse. A valid license
as a registered nurse issued under authority of a state or territory of the
United States, the Commonwealth of
Puerto Rico, or the District of Columbia.
(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 ser-
geant, 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 one month in
a military hospital or U.S. Public
Health Service Hospital.
(b) Employment on shore in connection with ship’s business may be accepted in lieu of service aboard vessels.
Related shore employment is accepted
in the ratio of two months of shore
service to count as one month of service aboard vessels.
(c) In computing the length of service
required of an applicant for an endorsement, service of one season on vessels
on the Great Lakes is counted as service of one year.
(d) In the event an applicant for an
endorsement, other than medical doctor or professional nurse, presents evidence of other qualifications which, in
the opinion of the Officer in Charge,
Marine Inspection, is equivalent to the
experience requirements of this section
and is consistent with the duties of a
staff officer, the Officer in Charge, Marine Inspection may issue the MMC.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by USCG–2006–24371, 74
FR 11216 and 11253, Mar. 16, 2009]
§ 11.809
[Reserved]
§ 11.811 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 § 10.205(d)(1)–(2) of this
chapter.
[USCG–2008–0028, 73 FR 29071, May 20, 2008]
Subpart I—Subjects of Examinations and Practical Demonstrations of Competence
§ 11.901
General provisions.
(a) Each applicant for any endorsement listed in this part shall pass examinations on the appropriate subjects
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§ 11.903
46 CFR Ch. I (10–1–11 Edition)
listed in this subpart, except as noted
in § 11.903(b).
(b) If the endorsement is to be limited in a manner which would render
any of the subject matter unnecessary
or inappropriate, the examination may
be amended accordingly by the OCMI.
Limitations which may affect the examination content are:
(1) MMCs endorsed for restricted
routes for reduced service (master or
mate of vessels of not more than 200
gross tons, OUPV or master or mate
(pilot) of towing vessels); or
(2) Engineer endorsements with
horsepower restrictions.
(c) Except as provided in §§ 11.202 and
10.227, each applicant for an STCW certificate or endorsement in the following capacities on vessels that operate beyond the Boundary Line shall
also furnish sufficient documentary
evidence that he or she has made a
practical demonstration(s) of competence as set out under the appropriate STCW Regulations (incorporated
by reference in § 11.102):
(1) Deck Department. (i) Officer in
charge of the navigational watch on a
seagoing vessel of 500 gross tons (GT)
or more.
(ii) Officer in charge of the navigational watch on a seagoing vessel of
less than 500 GT not engaged on a nearcoastal voyage.
(iii) Officer in charge of the navigational watch on a seagoing vessel of
less than 500 GT engaged on a nearcoastal voyage.
(iv) Master and chief mate on a seagoing vessel of 3,000 GT or more.
(v) Master and chief mate on a seagoing vessel of between 500 and 3,000
GT.
(vi) Master on a seagoing vessel of
less than 500 GT not engaged on a nearcoastal voyage.
(vii) Master on a seagoing vessel of
less than 500 gross tons engaged on a
near-coastal voyage.
(2) Engine Department. (i) Officer in
charge of the engineering watch in a
manned engine-room on a seagoing vessel.
(ii) Designated duty engineer in a periodically unmanned engine-room on a
seagoing vessel.
(iii) Chief engineer officer of a seagoing vessel driven by main propulsion
machinery of 3,000 kW [4,000 hp] of propulsion power or more.
(iv) Second engineer officer of a seagoing vessel driven by main propulsion
machinery of 3,000 kW [4,000 hp] of propulsion power or more.
(v) Chief engineer officer of a seagoing vessel driven by main propulsion
machinery of between 750 kW [1,000 hp]
and 3,000 kW [4,000 hp] of propulsion
power.
(vi) Second engineer officer of a seagoing vessel driven by main propulsion
machinery of between 750 kW [1,000 hp]
and 3,000 kW [4,000 hp] of propulsion
power.
(d) Simulators used in assessment of
competence under paragraph (c) of this
section must meet the appropriate performance standards set out in Section
A-I/12 of the STCW Code. However, simulators installed or brought into use
before February 1, 2002, need not meet
them so far as they fulfill the objectives of the assessment of competence
or demonstration of proficiency.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended at 54 FR 144, Jan. 4, 1989; CGD 94–
029, 61 FR 47064, Sept. 6, 1996; CGD 95–062, 62
FR 34533, June 26, 1997; USCG–1998–4442, 63
FR 52188, Sept. 30, 1998; USCG–1999–6224, 64
FR 63235, Nov. 19, 1999; USCG–1999–5610, 67 FR
66068, Oct. 30, 2002; USCG–2004–18884, 69 FR
58342, Sept. 30, 2004; USCG–2006–24371, 74 FR
11253, Mar. 16, 2009]
§ 11.903 Licenses requiring examinations.
(a) The following endorsements require examinations for issuance:
(1) Master ocean/near coastal any
gross tons;1
(2) Chief mate ocean/near coastal any
gross tons;1
(3) Second mate ocean/near coastal
any gross tons;1
(4) Third mate ocean/near coastal any
gross tons;1
(5) Master ocean/near coastal not
more than 500 or 1600 gross tons;1
(6) Mate ocean/near coastal not more
than 500 or 1600 gross tons;1
(7) Mate near coastal not more than
200 gross tons;
(8) Master near coastal not more
than 100 gross tons;
1 Examination will vary depending upon
route desired.
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Coast Guard, DHS
§ 11.903
(9) Master Great Lakes and inland
any gross tons;
(10) Mate Great Lakes and inland any
gross tons;
(11) Master inland any gross tons;
(12) Master river any gross tons;
(13) Master Great Lakes and inland/
river not more than 500 or 1600 gross
tons;1
(14) Mate Great Lakes and inland/
river not more than 500 or 1600 gross
tons;1
(15) Mate Great Lakes and inland/inland/river not more than 200 gross
tons;1
(16) Master Great Lakes and inland/
inland/river not more than 100 gross
tons;1
(17) First class pilot;
(18)(i) Apprentice mate (steersman)
of towing vessels;
(ii) Apprentice mate (steersman) of
towing vessels, limited;
(19) Operator uninspected passenger
vessels;
(20) Master uninspected fishing industry vessels;
(21) Mate uninspected fishing industry vessels;
(22) Chief engineer steam/motor vessels;
(23) First assistant engineer steam/
motor vessels;
(24) Second assistant engineer steam/
motor vessels;
(25) Third assistant engineer steam/
motor vessels;
(26) Chief engineer (limited) steam/
motor vessels;
(27) Assistant engineer (limited)
steam/motor vessels;
(28) Designated duty engineer steam/
motor vessels;
(29) Chief engineer uninspected fishing industry vessels;
(30) Assistant engineer uninspected
fishing industry vessels.
(b) The following endorsements do
not require examinations:
(1) Master ocean any gross tons when
adding an endorsement as Offshore Installation Manager.
(2) Master ocean or near coastal not
more than 200 gross tons, when raising
grade from mate near coastal not more
than 200 gross tons. Master ocean not
more than 200 gross tons would, however, require an examination in celestial navigation.
(3) Master Great Lakes and inland,
inland, and rivers not more than 200
gross tons when raising grade from
mate of the same route not more than
200 gross tons.
(4) Master or mate (pilot) of towing
vessels (endorsed for the same route).
(c) Each candidate for any of the following endorsements shall meet the requirements of the appropriate STCW
regulations and standards of competence and those in part A of the
STCW Code (incorporated by reference,
see § 11.102), as indicated in table
11.903(c) of this section:
(1) Master, oceans and near coastal,
any gross tons.
(2) Chief mate, oceans and near coastal, any gross tons.
(3) Master, oceans and near coastal,
500 to 1600 gross tons.
(4) Second mate, oceans and near
coastal, any gross tons.
(5) Third mate, oceans and near
coastal, any gross tons.
(6) Mate, oceans and near coastal, 500
to 1600 gross tons.
(7) Master or mate of towing vessels
of over 200 gross tons, oceans and nearcoastal.
(8) Master (OSV).
(9) Chief mate (OSV).
(10) Mate (OSV).
(11) Chief engineer, unlimited.
(12) 1st Assistant engineer, unlimited.
(13) 2nd Assistant engineer, unlimited.
(14) 3rd Assistant engineer, unlimited.
(15) Chief engineer, limited—oceans.
(16) Assistant engineer, limitedoceans.
(17) Chief engineer, limited-near
coastal.
(18) Chief engineer (OSV).
(19) Engineer (OSV).
TABLE 11.903(c)
STCW CODE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
II/1 ................................................
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§ 11.910
46 CFR Ch. I (10–1–11 Edition)
TABLE 11.903(c)—Continued
STCW CODE
II/2,
II/3
III/1
III/2
III/3
p. 3 & 4 .................................
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4. Second mate, oceans/near coastal, any
gross tons.
5. Third mate, oceans/near coastal, any
gross tons.
6. Mate, oceans/near coastal, 500/1,600 gross
tons.
7. Master, oceans/near coastal, and mate,
near coastal, 200 gross tons (includes master,
near coastal, 100 gross tons).
8. Operator, uninspected passenger vessels,
near coastal.
9. Operator, uninspected passenger vessels,
Great Lakes/inland.
10. Apprentice mate, towing vessels, ocean
(domestic trade) and near-coastal routes.
11. Apprentice mate (steersman), towing
vessels, Great Lakes and inland routes.
12. Steersman, towing vessels, Western
Rivers.
13. Master, Great Lakes/inland, or master,
inland, any gross tons.
14. Mate, Great Lakes/inland, any gross
tons.
15. Master, Great Lakes/inland, 500/1,600
gross tons.
16. Mate, Great Lakes/inland, 500/1,600 gross
tons.
17. Master or mate, Great Lakes/inland, 200
gross tons (includes master, Great Lakes/inland, 100 gross tons).
18. Master, rivers, any gross tons.
19. Master, rivers, 500/1,600 gross tons.
20. Mate, rivers, 500/1,600 gross tons.
21. Master or mate, rivers, 200 gross tons
(includes master, rivers, 100 gross tons).
22. Master, uninspected fishing industry
vessels, oceans/near coastal.
23. Mate, uninspected fishing industry vessels, oceans/near coastal.
24. First class pilot.
(d) Any candidate for an endorsement
listed in paragraph (c) of this section,
who meets the requirements of the appropriate regulations and standards of
competence in STCW and part A of the
STCW code (incorporated by reference,
see § 11.102) as indicated in table
11.903(c) of this section, need not comply with §§ 11.910 or 11.950, of this part.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 11.903, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.fdsys.gov.
§ 11.910 Subjects for deck officer endorsements.
Table 11.910–1 gives the codes used in
table 11.910–2 for all deck officers.
Table 11.910–2 indicates the examination subjects for each endorsement, by
code number. Figures in the body of
the table, in place of the letter ‘‘x’’,
refer to notes.
TABLE 11.910–1 CODES FOR DECK OFFICER
ENDORSEMENTS
Deck Officer Endorsements:
1. Master, Oceans/near coastal, any gross
tons.
2. Chief mate, oceans/near coastal, any
gross tons.
3. Master, oceans/near coastal, 500/1,600
gross tons.
TABLE 11.910–2—ENDORSEMENT CODES
Examination topics
1
Navigation and position determination:
Ocean Track Plotting:
Middle Latitude Sailing ..................
Mercator Sailing .............................
Great Circle Sailing ........................
Parallel Sailing ...............................
ETA ................................................
Piloting:
Distance Off ...................................
Bearing Problems ..........................
Fix or Running Fix .........................
Chart Navigation ............................
Dead Reckoning ............................
2
1 1
X X
1 1
1 1
X X
X
X
X
X
X
3
4
5
6
7
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
1 1
1 1
1
1 1
1 X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
2 X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
2
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X
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Coast Guard, DHS
§ 11.910
TABLE 11.910–2—ENDORSEMENT CODES—Continued
Examination topics
1
Celestial Observations:
Special
Cases
(hi/lo
Alt.,
Backsight) ...................................
Latitude by Polaris .........................
Latitude by Meridian Transit ..........
Lat. by Meridian Transit (Sun Only)
Fix or Running Fix (Any Body) ......
Fix or Running Fix (Sun Only) .......
Star Identification ...........................
Star Selection ................................
Times of Celestial Phenomena:
Time of Meridian Transit ................
Time of Meridian Transit (Sun
Only) ...........................................
Second Estimate Meridian Transit
Zone Time Sun Rise/Set/Twilight ......................................
Zone Time Moon Rise/Set .....
Speed by RPM ..............................
Fuel Conservation ..........................
Electronic Navigation .....................
Instruments and Accessories ........
Aids to Navigation ..........................
Charts, Navigation Publications,
and Notices to Mariners .............
Naut. Astronomy & Nav. Definitions ............................................
Chart Sketch ..................................
Seamanship:
Marlinspike Seamanship .......................
Purchases, Blocks and Tackle .............
Small Boat Handling Under Oars or
Sail .....................................................
Watchkeeping:
COLREGS .............................................
Inland Navigational Rules .....................
Basic Principles, Watchkeeping ............
Navigation Safety Regs. (33 CFR 164)
Radar Equipment:
Radar Observer Certificate ...................
Compass-Magnetic and Gyro:
Principles of Gyro Compass .................
Principles of Magnetic Compass ..........
Magnetic Compass Adjustment ............
Gyro Compass Error/Correction ...........
Magnetic Compass Error/Correction ....
Determination of Compass Error:
Azimuth (Any Body) ................
Azimuth (Sun Only) ................
Amplitude (Any Body) .............
Amplitude (Sun Only) .............
Deviation Table Construction
Terrestrial Observation ...........
Gyro Controlled Systems ...............
Operation & Care of Main Gyro
Systems ......................................
Meteorology and Oceanography:
Characteristics of Weather Systems ....
Ocean Current Systems .......................
Weather Charts and Reports ................
Tides and Tidal Currents:
Extensive Tidal Effects ...........
Terms and Definitions ............
Publications ............................
Calculations ............................
Ship Maneuvering and Handling:
Approaching Pilot Vessel or Station .....
Shiphandling in Rivers, Estuaries .........
Maneuvering in Shallow Water .............
Interaction with Bank/Passing Ship ......
Berthing and Unberthing .......................
Anchoring and Mooring .........................
2
1
1 1
1
X X
X X
1 1
1 X
3
1
4
5
6
7
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
1
1 X X
1 X
X
1 1
1 X
1
1
1
1
1
1
1 X X
1
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X X X X X X X X X X X X X X X X X X X X X X X
X X X X X X X X X X X X X X X X X X X X X X X
X X X X X X X X X X X X X X X X X X X X X X X X
X X
X X
4
X X X X X X X X X
X X X X
X X X
X X
X
X
X
X
X X X X X X X X X
X X X X X X X X X
X X
X X X X X X X 5 X 5
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X X X X X X X X X X X X
X
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X
6 6 6
X X X X X X
X
X
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X
X
X
X
X
X
X
X
X
1
1
X X
X X X X
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X
X X
X
X X X X 7
X X X
X X X X X X X X X
X
X X
X
X
X
X
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X X X
X X
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X X X X X X X X X X
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X X X
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X X X
1
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1
1
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1
1
3
3
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1
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X 1 X X 1 1
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X X X X X X X X X X
X X X X
X
X X X X
X X X
X
X X X X X X X X X X X X X X X X X X X X X X X
X X X X
X X
X X X X
X
X
X
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X
X
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X
X X X X X X X X X
X X X X X X X X X
X X X X X X X X X
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X
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X X X X X
X X X X X
X X X X X X
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X X X X X X
X
X X X
X
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§ 11.910
46 CFR Ch. I (10–1–11 Edition)
TABLE 11.910–2—ENDORSEMENT CODES—Continued
Examination topics
1
Dragging, Clearing Fouled Anchors .....
Drydocking, with & without Prior Damage .....................................................
Heavy Weather Operations ..................
Maneuvering for Launching of Lifeboats and Liferafts in Heavy Weather
Receiving Survivors From Lfbts/Lfrfts ...
General: Turn Circle, Pivot Point, Advance and Transfer ...........................
Determine Maneuvering Characteristics
of Major Vessel Types ......................
Wake Reduction ....................................
Ice Operations/Ice Navigation ...............
Towing Operations ................................
Ship Stability, Construction, and Damage
Control:
Principles of Ship Construction .............
Trim and Stability ..................................
Damage Trim and Stability ...................
Stability, Trim, and Stress Calculation ..
Vessel Structural Members ...................
IMO Ship Stability Recommendations ..
Damage Control ....................................
Change in Draft Due to Density ...........
Ship Power Plants:
Marine Power Plant Operating Principles .................................................
Ships’ Auxiliary Machinery ....................
Marine Engineering Terms ...................
Small Engine Operations and Maintenance .................................................
Cargo Handling and Stowage:
Cargo Stowage and Security, Including
Cargo Gear ........................................
Loading and Discharging Operations ...
International Regulations for Cargoes,
Especially IMDG ................................
Dangerous/Hazardous Cargo Regulations ...................................................
Tank Vessel Safety ...............................
Cargo Piping and Pumping Systems ....
Cargo Oil Terms and Definitions ..........
Ballasting, Tank Clean., & Gas Free
Ops ....................................................
Load on Top Procedures ......................
Barge Regulations (Operations) ...........
Fire Prevention and Firefighting Appliances:
Organization of Fire Drills .....................
Classes and Chemistry of Fire .............
Firefighting Systems .............................
Firefighting Equip. and Regulations ......
Firefighting Equip. & Regs. for T-Boats
Basic Firefighting and Prevention .........
Emergency Procedures:
Ship Beaching Precautions ...................
Actions Prior To/After Grounding ..........
Refloating a Grounded Ship .................
Collision .................................................
Temporary Repairs ...............................
Passenger/Crew Safety in Emergency
Fire or Explosion ...................................
Abandon Ship Procedures ....................
Emergency Steering .............................
Rescuing Surv. From Ship/Airc. in Dist
Man Overboard Procedures .................
Emergency Towing ...............................
Medical Care:
Knowledge and use of:
Int’l. Medical Guide for Ships ........
Ship Med. Chest and Med. Aid at
Sea .............................................
Medical Sec., Inter. Code of Signals .............................................
2
3
4
5
6
7
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
X X X X X X
X X X X X
X X
X X
X X X
X X
X X
X
X
X
X
X
X X
X
X X
X
X X
X X X X X X X X X X X X X X X X X X X X X
X
X X
X X
X X X X X X X X X X X X X X X X
X X X
X
X X X X 3 X 3
X X X X X X
X X X
X
X X X X X X
X X X X
X
X X X X X X X
X X X
X 7
X X X X
7
X X X X X 7
X X
X X X
X
X X
X X
X X
X X
X 3 X 3 X X X
X X X X 3 X 3 X X X
X X
7
3
X X X
7
7
7
X
X
X
7
X
X
X
7 X X
X X
7 X X
X X X
X X X X X
X X X X X
X
7
X X X X
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X
7 X X X
X X X
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X X X X X
X X X X X
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X X X X
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X X X
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X X X X X X X X X X X
X
X
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Coast Guard, DHS
§ 11.910
TABLE 11.910–2—ENDORSEMENT CODES—Continued
Examination topics
1
1st Aid Guide: Accidents with Dangerous Goods .............................
First Aid ..........................................
Maritime Law:
International Maritime Law:
Int’l. Convention on Load Lines .....
SOLAS ...........................................
MARPOL 73/78 ..............................
International Health Regulations ...
Other International Instruments for
Ship/Pass./Crew/Cargo Safety ...
National Maritime Law:
Load Lines .....................................
Cert. and Documentation of Vessels .............................................
Rules & Regs. for Inspected Vessels .............................................
Rules & Regs. for Inspected TBoats ..........................................
Rules and Regs for Uninsp. Vessels .............................................
Pollution Prevention Regulations ...
Pilotage ..........................................
Credentialing Seamen ...................
Shipment and Discharge, Manning
Title 46 U.S. Code .........................
Captain of the Port Regulations,
Vessel Traffic Service Procedures for the Route Desired ......
Shipboard Management and Training:
Personnel Management ........................
Shipboard Organization ........................
Required Crew Training ........................
Ship Sanitation ......................................
Vessel Alteration/Repair—Hot Work .....
Safety ....................................................
Ship’s Business:
Charters ................................................
Liens, Salvage ......................................
Insurance ..............................................
Entry, Clearance ...................................
Certificates and Documents Required ..
Communications:
Flashing Light ........................................
Radiotelephone Communications .........
Radiotelegraphy Emerg. Dist. Signals ..
Signals: Storm/Wreck/Dist./Special ......
International Code of Signals ...............
Lifesaving:
Survival at Sea ......................................
Lifesaving Appliance Regulations .........
Lifesaving Appliance Regs. for T-Boats
Lifesaving Appliance Operation ............
Lifesaving Appliance Ops. for T-Boats
Search and Rescue:
Search and Rescue Procedures ...........
Amver ....................................................
SAIL/AUXILIARY SAIL VESSELS ADDENDUM (8):
Any other subject considered necessary to establish the applicant’s
proficiency .........................................
2
3
4
5
6
7
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
X X
X X X X X X X X X X X X X X X X X X X X X X
X
X
X
X
X
X
X
X
X
X
X X X
X
7
X X X
X X X
X X
X X X
X X
3
X X X X X X X
X X X X X X
7
3
3
7
X X X
X X X X
X
X
X
X
X
X
3
X
X X
7 X X X
7
X
X
X X X X X X
X
X X X
X X X X X X X X X X X X X X X X X X X X X X X
X X
X
X X X X X X X X X X X X X X X X X X X X X X
X
X
X
X
X
X X
X X
X
X
X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X X X X X X
X
X
X X X X X X X X X X
X
X
X X
X
X
X X
X
X
X X
X X X X X X X X X X X
X
X
X X
X X X X X X X X X X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X X X X X X X X X X X X X X X X X X X X X
X X
X X
X X X X X X X X X X X X X X X X X X X X X X X
X
X X
X X X X X X X X X X
X X X X X X X X X X X
X X X X
X X X X X X
X
X X X X X 7
X
X X X X X 7 X X X X
X
X X
7 X X X 7
X
X
X X X X 7 X X X 7 X X
X
X
X X X
X X X
X X X
X X X X X X X X X X X X X X X X X X X X X X X X
1—For ocean routes only.
2—River chart navigation only.
3—Topic covered only on Great Lakes specific module(s) taken for ‘‘Great Lakes and inland’’ routes.
4—Including recommended courses, distances, prominent aids to navigation, depths of waters in channels and over hazardous
shoals, other important features of the route, such as character of the bottom. The OCMI may accept chart sketching of only a
portion or portions of the route for long or extended routes.
5—Take COLREGS if license not limited to non-COLREG waters.
6—For officer endorsements over 1600 gross tons.
7—For officer endorsements over 100 gross tons.
8—Sail vessel safety precautions, rules of the road, operations, heavy weather procedures, navigation, maneuvering, and sailing terminology. Applicants for sail/auxiliary sail endorsements to master, mate or operator of uninspected passenger vessels are
also tested in the subjects contained in this addendum.
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§ 11.920
46 CFR Ch. I (10–1–11 Edition)
[CGD 81–059a, 55 FR 14802, Apr. 18, 1990, as amended by USCG–1999–6224, 64 FR 63235, Nov. 19,
1999; USCG–2001–10224, 66 FR 48619, Sept. 21, 2001; USCG–2006–24371, 74 FR 11254, Mar. 16, 2009]
§ 11.920 Subjects for MODU endorsements.
Table 11.920–1 gives the codes used in
table 11.920–2 for MODU endorsements.
Table 11.920–2 indicates the examination subjects for each endorsement by
the code number.
Table 11.920–1 Codes for MODU Endorsements
1.
2.
3.
4.
5.
6.
7.
OIM/Unrestricted
OIM/Surface Units Underway
OIM/Surface Units on Location
OIM/Bottom Bearing Units Underway
OIM/Bottom Bearing Units on Location
Barge Supervisor
Ballast Control Operator
TABLE 11.920–2—SUBJECTS FOR MODU LICENSES
Examination topics
1
Watchkeeping
COLREGS ........................................................................................................................... X
‘‘Basic Principles for Navigational Watch’’ .......................................................................... X
MODU obstruction lights ..................................................................................................... X
Meteorology and oceanography:
Synoptic chart weather forecasting ..................................................................................... X
Characteristics of weather systems .................................................................................... X
Ocean current systems ....................................................................................................... X
Tide and tidal current publications ...................................................................................... X
Stability, ballasting, construction and damage control:
Principles of ship construction, structural members ........................................................... X
Trim and stability ................................................................................................................. X
Damaged trim and stability countermeasures .................................................................... X
Stability and trim calculations ............................................................................................. X
Load line requirements ....................................................................................................... X
Operating manual:
Rig characteristics and limitations ...................................................................................... X
Hydrostatics data ................................................................................................................ X
Tank tables .......................................................................................................................... X
KG limitations ...................................................................................................................... X
Severe storm instructions ................................................................................................... X
Transit instructions .............................................................................................................. X
On-station instructions ........................................................................................................ X
Unexpected list or trim ........................................................................................................ X
Ballasting procedures .......................................................................................................... X
Operation of bilge system ................................................................................................... X
Leg loading calculations ...................................................................................................... X
Completion of variable load form ........................................................................................ X
Evaluation of variable load form ......................................................................................... X
Emergency procedures ....................................................................................................... X
Maneuvering and handling:
Anchoring and anchor handling .......................................................................................... X
Heavy weather operations .................................................................................................. X
Mooring, positioning ............................................................................................................ X
Moving, positioning ............................................................................................................. X
Fire prevention and firefighting appliances:
Organization of fire drills ..................................................................................................... X
Classes and chemistry of fire ............................................................................................. X
Firefighting systems ............................................................................................................ X
Firefighting equipment and regulations ............................................................................... X
Basic firefighting and prevention of fires ............................................................................ X
Emergency procedures and contingency plans:
Temporary repairs ............................................................................................................... X
Fire or explosion ................................................................................................................. X
Abandon unit ....................................................................................................................... X
Man overboard .................................................................................................................... X
Heavy weather .................................................................................................................... X
Collision ............................................................................................................................... X
Failure of ballast control system ......................................................................................... X
Mooring emergencies .......................................................................................................... X
Blowouts .............................................................................................................................. X
H2 S safety .......................................................................................................................... X
General Engineering—Power plants and auxiliary systems:
Marine engineering terminology .......................................................................................... X
Engineering equipment, operations and failures ................................................................ X
Offshore drilling operations ................................................................................................. ......
Deck seamanship—general:
Transfer of personnel .......................................................................................................... X
2
3
4
5
X ...... X ......
X
X
X
X
...... X ...... X
6
7
X
X
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X
X
X
X
X ...... ......
X
X
X
X
X ......
...... X ......
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
......
......
......
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X ......
X
X
X
X
X
X
X
X
X
X
...... ......
...... ......
...... X
...... X
X
X
X
X
......
X
X
......
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X
X
X
X
X
X
X
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X
X
X
X
X
X
X
X
X
X
X
......
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X ......
...... ...... ...... ...... ...... X
X
X
X
X
X
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......
Coast Guard, DHS
§ 11.920
TABLE 11.920–2—SUBJECTS FOR MODU LICENSES—Continued
Examination topics
1
2
3
4
5
6
7
Support boats/helicopters ................................................................................................... X
X
X
X
X
X ......
Cargo stowage and securing .............................................................................................. X
X
X
X
X
X ......
Hazardous materials/dangerous goods precautions .......................................................... X
X
X
X
X
X ......
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 vessels .................................................................... X
X
X
X
X ...... ......
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 record keeping .................................................................................. X
X
X
X
X
X ......
Casualty reports and records .......................................................................................... X
X
X
X
X ......
Communications:
Radio communications and FCC permit ............................................................................. X
X
X
X
X
X
Radiotelephone procedures .................................................................................................... X
X
X
X
X
X
Lifesaving/Survival:
Lifesaving appliance operation (launching, boat handling) ................................................ X
X
X
X
X
X
X
Procedures/rules for lifeboats, survival suits, PFDs, life rafts and emergency signals ..... X
X
X
X
X
X
X
Emergency radio transmissions .......................................................................................... X
X
X
X
X
X
X
Survival at sea .................................................................................................................... X
X
X
X
X
X
X
[CGD 81–059a, 55 FR 14802, Apr. 18, 1990, as amended by USCG–2006–24371, 74 FR 11254, Mar. 16,
2009]
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Unlimited 1st
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Unlimited
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TABLE 11.950—SUBJECTS FOR ENGINEER ENDORSEMENTS
Subjects for engineer endorsements.
General Subjects:
Prints and Tables .........................
Pipes, Fittings, Valves ..................
Hydraulics .....................................
Bilge Systems ...............................
Sanitary/Sewerage Systems ........
Freshwater Systems .....................
Lubricants .....................................
Lubrication Systems .....................
Automation Systems .....................
Control Systems ...........................
Propellers/Shafting Systems ........
Machine Shop ...............................
Distilling Systems .........................
Pumps ...........................................
Compressors ................................
Administration ...............................
Governors .....................................
Cooling Systems ...........................
Bearings ........................................
Instruments ...................................
Ship Construction and Repair ......
Theory ...........................................
Steering Systems .........................
Deck Machinery ............................
Ventilation Systems ......................
Thermodynamics ..........................
Watch Duties ................................
Refrigeration and Air Conditioning:
Theory ...........................................
Air Conditioning Systems .............
Refrigeration Systems ..................
Control Systems ...........................
Safety ...........................................
Casualty Control ...........................
Electricity:
Theory ...........................................
General Maintenance ...................
Generators ....................................
Motors ...........................................
§ 11.950
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MODU
ch.
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§ 11.950
46 CFR Ch. I (10–1–11 Edition)
188
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Motor Controllers ..........................
Propulsion Systems ......................
Distribution Systems .....................
Electronic Systems .......................
Batteries ........................................
Communications ...........................
Safety ...........................................
Casualty Control ...........................
Steam Generators:
Steam ...........................................
Main Boilers ..................................
Auxiliary Boilers ............................
Feedwater Systems ......................
Condensate Systems ...................
Recovery Systems ........................
Fuel ...............................................
Fuel Systems ................................
Boiler Water ..................................
Control Systems ...........................
Automation Systems .....................
Safety ...........................................
Casualty Control ...........................
Steam Engines:
Main Turbine .................................
Auxiliary Turbine ...........................
Reciprocating Machines ...............
Governor Systems ........................
Control Systems ...........................
Automation Systems .....................
Lubrication Systems .....................
Drive Systems ..............................
Safety ...........................................
Casualty Control ...........................
Motor:
Main Engines ................................
Auxiliary Engines ..........................
Starting Systems ..........................
Lubrication Systems .....................
Fuel ...............................................
Fuel Systems ................................
Combustion Systems ....................
Intake Systems .............................
Exhaust Systems ..........................
Cooling Systems ...........................
Supercharging Systems ...............
Drive Systems ..............................
Control Systems ...........................
Automation Systems .....................
Governors .....................................
Turbines ........................................
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P
P
P
P
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P–
P
P
P-T
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P-T
P-T
P
P
P
P
P-T
P
P
P
P
P-T
P
P
P
P-T
P-T
P
P-T
P
P
P-T
P
P
P-T
P-T
P-T
P-T
P
P
P
P
P
P
P
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P
P
P-T
P
P
P-T
P-T
Coast Guard, DHS
§ 11.950
189
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P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
STM
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
MTR
Unlimited 2nd
asst. engineer
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
STM
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
MTR
Unlimited 3rd
asst. engineer
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
STM
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
MTR
Chief engineer limited
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
STM
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
MTR
A/E Ltd &
DDE unlim.
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
MTR
Unin.
ind.
C/E
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
MTR
Fish.
vsl.
A/E
P
P
P
P
P
P
P
P-T
P-T
P-T
P
P
P
P
P
P-T
P-T
STM
P
P
P
P
P
P
P
P-T
P-T
P-T
P
P
P
P
P
P-T
P-T
MTR
DDE Ltd HP
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
MODU
ch.
eng.
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
P-T
MODU
asst.
eng.
[CGD 81–059, 52 FR 38623 and 38669, Oct. 16, 1987, as amended by CGD 81–059, 54 FR 147, Jan. 4, 1989; CGD 81–059a, 55 FR 14804, Apr. 18,
1990; USCG–2006–24371, 74 FR 11254, Mar. 16, 2009]
Notes:
P=Practical Knowledge.
T=Theoretical Knowledge.
Safety ...........................................
Casualty Control ...........................
Safety:
Fire ................................................
Fire Prevention .............................
Fire Fighting .................................
Flooding ........................................
Dewatering ....................................
Stability and Trim ..........................
Damage Control ...........................
Emergency Equipment and Lifesaving Appliances.
General Safety .............................
First Aid ........................................
Dangerous Materials ....................
Pollution ........................................
Inspections and Surveys ..............
U.S. Rules and Regulations .........
International Rules and Regulations.
MTR
STM
STM
MTR
Unlimited 1st
asst. engineer
TABLE 11.950—SUBJECTS FOR ENGINEER ENDORSEMENTS—Continued
Unlimited
chief engineer
§ 11.950
46 CFR Ch. I (10–1–11 Edition)
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Coast Guard, DHS
Pt. 12
Subpart J—Ro-Ro Passenger Ships
SOURCE: CGD 95–062, 62 FR 34534, June 26,
1997, unless otherwise noted.
§ 11.1001
Purpose of regulations.
The purpose of the regulations in this
subpart is to establish requirements for
officers serving on roll-on/roll-off (RoRo) passenger ships.
§ 11.1003
[USCG-1999–5610, 67 FR 66068, Oct. 30, 2002, as
amended by USCG–2006–24371, 74 FR 11254,
Mar. 16, 2009]
Definition.
Roll-on/roll-off (Ro-Ro) passenger ship
means a passenger ship with Ro-Ro
cargo spaces or special-category spaces
as defined in the Convention for the
Safety of Life at Sea, 1974, as amended
(SOLAS), to which a SOLAS certificate
is issued.
§ 11.1005 General requirements for officers.
To serve on a Ro-Ro passenger ship, a
person endorsed as master, chief mate,
mate, chief engineer, or engineer shall
meet the appropriate requirements of
STCW Regulation V/2 and Section A–V/
2 of the STCW Code (incorporated by
reference, see § 11.102) and shall hold
documentary evidence to show his or
her meeting these requirements.
[USCG–2006–24371, 74 FR 11254, Mar. 16, 2009]
Subpart K—Officers on a Passenger Ship, Other Than a RoRo Passenger Ship, When on
an International Voyage
SOURCE: USCG-1999–5610, 67 FR 66068, Oct.
30, 2002, unless otherwise noted.
§ 11.1101
Purpose of rules.
The rules in this subpart establish requirements for officers serving on passenger ships as defined in § 10.1103.
§ 11.1103
before you may serve on a passenger
ship, you must—
(a) Meet the appropriate requirements of the STCW Regulation V/3 and
of section A–V/3 of the STCW Code (incorporated by reference, see § 11.102);
and
(b) Hold documentary evidence to
show that you meet these requirements
through approved or accepted training.
Definitions.
Passenger ship in this subpart means
a ship, other than a Ro-Ro passenger
ship, carrying more than 12 passengers
when on an international voyage.
PART 12—REQUIREMENTS FOR
RATING ENDORSEMENTS
Subpart 12.01—General
Sec.
12.01–1 Purpose of rules in this part.
12.01–3 Incorporation by reference.
12.01–6–12.01–7 [Reserved]
12.01–9 Paperwork approval.
12.01–11 [Reserved]
Subpart 12.02—General Requirements for
Certification
12.02–3–12.02–5 [Reserved]
12.02–7 When documents are required.
12.02–9–12.02–10 [Reserved]
12.02–11 General provisions respecting rating endorsements.
12.02–12–12.02–15 [Reserved]
12.02–17 Examination procedures and denial
of rating endorsements.
12.02–18–12.02–29 [Reserved]
Subpart 12.03—Approved and Accepted
Training
12.03–1 Coast Guard-accepted training other
than approved courses.
Subpart 12.05—Able Seamen
12.05–1 Certification required.
12.05–3 General requirements.
12.05–5 [Reserved]
12.05–7 Service or training requirements.
12.05–9 Examination and demonstration of
ability.
12.05–11 General provisions respecting merchant mariner’s document endorsed for
service as able seamen.
Subpart 12.07 [Reserved]
Subpart 12.10—Lifeboatman
§ 11.1105 General requirements for officer’s endorsements.
If you are a master, mate, chief
mate, engineer, or chief engineer, then,
12.10–1 Credentials required.
12.10–3 General requirements.
12.10–5 Examination and demonstration of
ability.
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§ 12.01–1
46 CFR Ch. I (10–1–11 Edition)
12.10–7 General provisions respecting an
MMC or MMD endorsed as lifeboatman.
12.10–9 Endorsement for proficiency in fast
rescue boats.
Subpart 12.13—Persons Designated To
Provide Medical Care on Board Ship
12.13–1
12.13–3
Documentary evidence required.
Basis of documentary evidence.
Subpart 12.01—General
§ 12.01–1
12.15–1 Credentials required.
12.15–3 General requirements.
12.15–5 Physical and medical requirements.
12.15–7 Service or training requirements.
12.15–9 Examination requirements.
12.15–11 General provisions respecting an
endorsement as qualified member of the
engine department.
12.15–13 Deck engine mechanic.
12.15–15 Engineman.
Subpart 12.25—Certificates of Service for
Ratings Other Than Able Seaman or
Qualified Member of the Engine Department
12.25–1 Credentials required.
12.25–10 General requirements.
12.25–20 Physical and medical requirements.
12.25–25 Members of Merchant Marine Cadet
Corps.
12.25–30 Student observers.
12.25–35 Apprentice engineers.
12.25–40 Apprentice mate.
12.25–45 GMDSS At-sea Maintainer.
Subpart 12.30—Ro-Ro Passenger Ships
Purpose of regulations.
[Reserved]
General requirements.
Subpart 12.35—Crewmembers on a Passenger Ship, Other Than a Ro-Ro Passenger Ship, When on an International
Voyage
12.35–1
12.35–3
12.35–5
Purpose of rules.
[Reserved]
General requirements.
Purpose of rules.
[Reserved]
General application requirements.
Employer requirements.
Basis for denial.
Citizenship and identity.
Restrictions.
Purpose of rules in this part.
(a) The purposes of the regulations in
this part are to provide—
(1) A comprehensive and adequate
means of determining and verifying the
identity, citizenship, nationality, and
professional qualifications an applicant
must possess to be eligible for certification to serve on merchant vessels of
the United States;
(2) A means of determining that an
applicant is competent to serve as a
‘‘rating forming part of a navigational
watch’’ or a ‘‘rating forming part of an
engine-room watch’’, or is otherwise
‘‘designated to perform duties in a periodically unmanned engine-room’’, on a
seagoing ship, in accordance with the
provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers,
1978, as amended (STCW), and to receive the endorsement required by
STCW; and
(b) The regulations in subpart 12.03 of
this part prescribe the requirements
applicable to all training and assessment associated with meeting the
standards of competence established by
STCW.
[CGD 95–062, 62 FR 34534, June 26, 1997, as
amended by USCG-1999–5610, 67 FR 66068, Oct.
30, 2002; USCG-2003–14500, 69 FR 531, Jan. 6,
2004; USCG–2006–24371, 74 FR 11254, Mar. 16,
2009]
§ 12.01–3
Subpart 12.40—-Non-resident Alien Unlicensed Members of the Steward’s Department on U.S. Flag Large Passenger
Vessels
12.40–1
12.40–3
12.40–5
12.40–7
12.40–9
12.40–11
12.40–13
Alternative means of compliance.
AUTHORITY: 31 U.S.C. 9701; 46 U.S.C. 2101,
2103, 2110, 7301, 7302, 7503, 7505, 7701, and 70105;
Department of Homeland Security Delegation No. 0170.1.
SOURCE: CGFR 65–50, 30 FR 16640, Dec. 30,
1965, unless otherwise noted.
Subpart 12.15—Qualified Member of the
Engine Department
12.30–1
12.30–3
12.30–5
12.40–15
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 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
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Coast Guard, DHS
§ 12.02–7
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/federallregister/
codeloflfederallregulations/
ibrllocations.html. Also, it is available
for inspection at the Coast Guard, Office of Operating and Environmental
Standards (CG–5221), 2100 2nd St. SW.,
Stop 7126, Washington, DC 20593–7126,
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 1995 (the STCW Convention
or the STCW), incorporation by reference approved for §§ 12.02–7, 12.02–11,
12.05–3, 12.05–11, 12.10–3; 12.10–5, 12.10–7,
12.10–9, 12.15–3, 12.30–5, and 12.35–5.
(2) The Seafarers’ Training, Certification and Watchkeeping Code, as
amended 1995 (the STCW Code), incorporation by reference approved for
§§ 12.02–11, 12.03–1, 12.05–3, 12.05–7, 12.10–
5, 12.10–9, 12.15–3, 12.15–7, 12.25–45, 12.30–
5, and 12.35–5.
[USCG–2006–24371, 74 FR 11254, Mar. 16, 2009,
as amended by USCG–2009–0702, 74 FR 49225,
Sept. 25, 2009]
§§ 12.01–6–12.01–7
§ 12.01–9
[Reserved]
Paperwork approval.
(a) This section lists the control
numbers assigned by the Office of Management and Budget under the Paperwork Reduction Act of 1980 (Pub. L. 96–
511) for the reporting and record keeping requirements in this part.
(b) The following control numbers
have been assigned to the sections indicated:
(1) OMB 1625–0079—46 CFR 12.02–17
and 12.03–1.
(2) [Reserved]
[CGD 95–062, 62 FR 34535, June 26, 1997, as
amended by USCG-2004–18884, 69 FR 58343,
Sept. 30, 2004]
§ 12.01–11
[Reserved]
Subpart 12.02—General
Requirements for Certification
§§ 12.02–3–12.02–5
[Reserved]
§ 12.02–7 When documents are required.
(a) Every seaman employed on any
merchant vessel of the United States of
100 gross tons or upward, except vessels
employed exclusively in trade on the
navigable rivers of the United States,
must carry a valid merchant mariner
credential (MMC) or merchant mariner’s document (MMD) with all appropriate endorsements for the position
served and, beginning on April 15, 2009,
a valid Transportation Worker Identification Credential (TWIC). Provisions
of this section are not applicable to
unrigged
vessels
except
seagoing
barges and certain tank barges.
(b) Every seaman, as referred to in
paragraph (a) of this section, shall
produce a valid MMC or MMD with all
applicable rating endorsements for the
position sought and, beginning on April
15, 2009, a valid TWIC 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.
(c)(1) Every person employed on any
merchant vessel of the United States of
100 gross tons and upward, except those
navigating rivers exclusively and the
smaller inland lakes, below the grades
of officer and staff officer, must possess
a valid MMC or MMD with all appropriate endorsements for the positions
served;
(2) No endorsements are required of
any person below the rank of officer
employed on any unrigged vessel except seagoing barges and certain tank
barges.
(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, as defined in
section 2 of the act of February 19, 1895,
as amended (33 U.S.C. 151) and in 33
CFR part 82.
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§§ 12.02–9–12.02–10
46 CFR Ch. I (10–1–11 Edition)
(d) Each person serving as an able
seaman or a rating forming part of a
navigational watch on a seagoing ship
of 500 gross tonnage (200 GRT) or more
shall hold an STCW endorsement certifying him or her as qualified to perform the navigational function at the
support level, in accordance with
STCW (incorporated by reference, see
§ 12.01–3).
(e) Each person serving as a qualified
member of the engine department
(QMED) or a rating forming part of a
watch in a manned engine-room or designated to perform duties in a periodically unmanned engine-room, on a seagoing ship driven by main propulsion
machinery of 750 kW [1,000 hp] of propulsion power or more, shall hold an
STCW endorsement certifying him or
her as qualified to perform the marineengineering function at the support
level, in accordance with STCW.
(f) Notwithstanding any other rule in
this part, no person subject to this part
serving on any of the following vessels
needs to hold an STCW endorsement,
either because he or she is exempt from
application of the STCW, or because
the vessels are not subject to further
obligation under STCW, on account of
their special operating conditions as
small vessels engaged in domestic voyages:
(1) Small passenger vessels subject to
subchapter T or K of title 46, CFR.
(2) Vessels of less than 200 GRT
(other than passenger vessels subject
to subchapter H of title 46, CFR).
(3) Uninspected passenger vessels as
defined in 46 U.S.C. 2101(42).
(4) Fishing vessels as defined in 46
U.S.C. 2101(11)(a).
(5) Fishing vessels used as fish-tender
vessels as defined in 46 U.S.C.
2101(11)(c).
(6) Barges as defined in 46 U.S.C.
2101(2), including non-self-propelled
mobile offshore-drilling units.
(7) Vessels operating exclusively on
the Great Lakes.
[CGFR 65–50, 30 FR 16640, Dec. 30, 1965,
amended by CGD 95–062, 62 FR 34535, June
1997; USCG-1999–5610, 67 FR 66068, Oct.
2002; USCG–2006–24371, 74 FR 11254, Mar.
2009]
as
26,
30,
16,
§§ 12.02–9–12.02–10
[Reserved]
§ 12.02–11 General provisions respecting rating endorsements.
(a)(1) An MMC with a deck officer endorsement will authorize the holder to
serve in any rating capacity in the
deck department, except able seaman.
If a deck officer qualifies as able seaman, the MMC will be endorsed with
the appropriate able seaman and
lifeboatman endorsement. STCW endorsements as RFPNW and PSC will
also be entered upon qualification.
(2) An MMC issued to an engineer officer endorsed for inspected vessels of
over 2,000 horsepower will authorize
the holder to serve in any rating capacity in the engine department. If an engineer
officer
qualifies
as
a
lifeboatman,
the
appropriate
lifeboatman
endorsement
will
be
placed on the MMC. STCW endorsements as RFPEW and PSC will also be
entered upon qualification.
(b) 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
‘‘(F.H.)’’.
(c) A rating endorsement as able seaman or lifeboatman authorizes service
as lifeboatman.
(d) The OCMI will issue an STCW endorsement if the applicant for or holder
of an MMC is qualified for the endorsement. The OCMI will issue an STCW
endorsement for the following ratings:
(1) A rating forming part of a navigational watch on a seagoing ship of 500
GT or more if the holder of the credential is qualified according to STCW
Regulation II/4 of the STCW Code (incorporated by reference, see § 12.01–3) to
perform the navigational function at
the support level.
(2) A rating forming part of a watch
in a manned engineroom, or designated
to perform duties in a periodically unmanned engineroom, on a seagoing ship
driven by main propulsion machinery
of 750 kW (1,000 hp) of propulsion power
or more, if the holder is qualified in according to STCW Regulation III/4 and
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Coast Guard, DHS
§ 12.03–1
Section A-III/4 of the STCW Code, (incorporated by reference, see § 12.01–3) to
perform the marine-engineering function at the support level.
(e) At the request of the holder of the
document, the OCMI may add an endorsement to indicate that a qualified
holder has received basic-safety training or instruction required under Chapter VI of STCW (incorporated by reference, see § 12.01–3).
[USCG–2006–24371, 74 FR 11255, Mar. 16, 2009]
§§ 12.02–12–12.02–15
[Reserved]
§ 12.02–17 Examination
procedures
and denial of rating endorsements.
(a) Upon application for a rating endorsement, any required examination
will be given as soon as practicable.
(b) An applicant for a rating endorsement who has been duly examined and
refused a certificate by the Coast
Guard may come before the Coast
Guard for reexamination at any time
after the date of the initial examination. The Coast Guard sets the time of
reexamination based on the applicant’s
performance on the initial examination. However, the maximum waiting
period after the initial failure will be
30 days, and the maximum waiting period after a second or subsequent failure will be 90 days.
(c) An applicant who has been examined and refused a certificate by the
Coast Guard may not again make application for examination until 30 days
after the applicant’s last failure of an
examination or reexamination.
[USCG–2006–24371, 74 FR 11255, Mar. 16, 2009]
§§ 12.02–18–12.02–29
[Reserved]
Subpart 12.03—Approved and
Accepted Training
§ 12.03–1 Coast Guard-accepted training other than approved courses.
(a) When the training and assessment
of competence required by parts 10 or
12 of this subchapter are not subject to
approval under § 11.302 of this chapter,
but are used to qualify an applicant to
hold an STCW or rating endorsement,
the training and assessment must meet
the following requirements:
(1) The training and assessment must
have written, clearly defined objectives
that emphasize specific knowledge,
skills, and abilities, and that include
criteria to be used in establishing a
student’s successful achievement of the
training objectives.
(2) The training must be set out in a
written syllabus that conforms to a
Coast Guard-accepted outline for such
training and includes—
(i) The sequence of subjects to be covered;
(ii) The number of hours to be devoted to instruction in relevant areas
of knowledge;
(iii) The identity and professional
qualifications of the instructor(s) to be
conducting the training or providing
instruction;
(iv) The identity of other media or facilities to be used in conducting the
training; and
(v) Measurements at appropriate intervals of each candidate’s progress toward acquisition of the specific knowledge, skills, and abilities stated in the
training objectives.
(3) Except as provided in paragraph
(a)(4) of this section, documentary evidence must be readily available to establish that all instructors—
(i) Have experience, training, or instruction in effective instructional
techniques;
(ii) Are qualified in the task for
which the training is being conducted;
and
(iii) Hold the level of Coast Guard
credential or other professional credential required of those who would apply,
on board a vessel, the relevant level of
knowledge, skills, and abilities described in the training objectives.
(4) Neither a specialist in a particular
field of non-maritime education, such
as mathematics or first aid, nor a person with at least 3 years of service as a
member of the Armed Forces of the
United States, specializing in a particular field, need hold a Coast Guard
credential to conduct training in that
field.
(5) A simulator may be used in training if—
(i) The simulator meets applicable
performance standards;
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§ 12.03–1
46 CFR Ch. I (10–1–11 Edition)
(ii) The instructor has gained practical operational experience on the particular type of simulator being used;
and
(iii) The instructor has received appropriate guidance in instructional
techniques involving the use of simulators.
(6) Essential equipment and instructional materials must afford each student adequate opportunity to participate in exercises and acquire practice
in performing required skills.
(7) A process for routinely assessing
the effectiveness of the instructors, including the use of confidential evaluations by students, is in place.
(8) Documentary evidence is readily
available to establish that any evaluation of whether a student is competent
in accordance with standards, methods,
and criteria set out in part A of the
STCW Code (incorporated by reference
in § 12.01–3) is conducted by a designated examiner who has experience,
training, or instruction in assessment
techniques.
(9) Records of the student’s performance are maintained for at least 1 year
by the offeror of the training and assessment.
(10) To ensure that the training is
meeting its objectives, and the requirements of paragraphs (a) (1) through (9)
of this section, its offeror must either—
(i) Be regulated as a maritime academy or marine academy pursuant to 46
CFR part 310; or
(ii) Monitor it in accordance with a
Coast Guard-accepted QSS, which must
include the following features:
(A) The training must be provisionally certified, on the basis of an initial
independent
evaluation
conducted
under a Coast Guard-accepted QSS, as
being capable of meeting its stated objective.
(B) The training must be periodically
monitored in accordance with the
schedule stipulated under the Coast
Guard-accepted quality-standards system.
(C) Each person conducting the initial evaluation or the subsequent periodic monitoring of the training shall be
knowledgeable about the subjects
being evaluated or monitored and
about the national and international
requirements that apply to the training, and shall not himself or herself be
involved in the training and assessment of students.
(D) Each person evaluating or monitoring the training shall enjoy convenient access to all appropriate documents and facilities, and opportunities
both to observe all appropriate activities and to conduct confidential interviews when necessary.
(E) Arrangements must be such as to
ensure that no person evaluating or
monitoring the training is penalized or
rewarded, directly or indirectly, by the
sponsor of the training for making any
particular observations or for reaching
any particular conclusions.
(11) Each person conducting the initial
evaluation
under
paragraph
(a)(10)(ii)(A) of this section or the periodic monitoring of the training under
paragraph (a)(10)(ii)(B) of this section
shall communicate his or her conclusions to the Commanding Officer, National Maritime Center, NMC–2, 100
Forbes Drive, Martinsburg, West Virginia 25404, within 1 month of the completion or the evaluation of the monitoring.
(12) Each offeror of the training shall
let the Coast Guard or someone authorized by the Coast Guard observe the
records of a student’s performance and
records otherwise relating to paragraphs (a) (1) through (10) of this section.
(b) The Coast Guard will maintain a
list of training each of whose offerors
submits a certificate, initially not less
than 45 calendar days before offering
training under this section, and annually thereafter, signed by the offeror or
its authorized representative, stating
that the training fully complies with
requirements of this section, and identifying the Coast Guard-accepted QSS
being used for independent monitoring.
Training on this list will offer the
training necessary for both officer and
STCW endorsements under this part.
The Coast Guard will update this list
periodically and make it available to
members of the public on request.
(c) If the Coast Guard determines, on
the basis of observations or conclusions
either of its own or of someone authorized by it to monitor the training, that
the particular training does not satisfy
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Coast Guard, DHS
§ 12.05–3
one or more of the conditions described
in paragraph (a) of this section—
(1) The Coast Guard will so notify the
offeror of the training by letter, enclosing a report of the observations and
conclusions;
(2) The offeror may, within a period
specified in the notice, either appeal
the observations or conclusions to the
National Maritime Center (NMC) or
bring the training into compliance; and
(3) If the appeal is denied—or the deficiency is not corrected in the allotted
time, or within any additional period
judged by the Coast Guard to be appropriate, considering progress towards
compliance—the Coast Guard will remove the training from the list maintained under paragraph (b) of this section until it can verify full compliance;
and it may deny applications for licenses for STCW endorsement based in
whole or in part on training not on the
list, until additional training or assessment is documented.
[CGD 95–062, 62 FR 34536, June 26, 1997, as
amended by USCG-1998–4442, 63 FR 52189,
Sept. 30, 1998; USCG-1999–5610, 67 FR 66068,
Oct. 30, 2002; USCG-2004–18884, 69 FR 58343,
Sept. 30, 2004; USCG–2008–0906, 73 FR 56508,
Sept. 29, 2008; USCG–2006–24371, 74 FR 11256,
Mar. 16, 2009]
Subpart 12.05—Able Seamen
§ 12.05–1
Certification required.
(a) Every person serving under the
authority of a rating endorsement as
able seaman on any United States vessel requiring certificated able seamen,
before signing articles of agreement,
shall present to the master, his or her
certificate as able seaman (issued in
the form of an MMC or MMD endorsement).
(b) No MMD or MMC endorsed as able
seaman is required of any person employed on any tug or towboat on the
bays and sounds connected directly
with the seas, or on any unrigged vessel except seagoing barges or tank
barges.
(c) The following categories of able
seaman are established:
(1) Able Seaman—Any Waters, Unlimited.
(2) Able Seaman—Limited.
(3) Able Seaman—Special.
(4) Able Seaman—Special (OSV).
[CGD 80–131, 45 FR 69240, Oct. 20, 1980, as
amended by USCG–2006–24371, 74 FR 11256,
Mar. 16, 2009]
§ 12.05–3
General requirements.
(a) 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 in § 10.215 of this
subchapter;
(3) Meet the sea service or training
requirements set forth in this part;
(4) Pass an examination demonstrating ability as an able seaman
and lifeboatman; and,
(5) Speak and understand the English
language as would be required in performing the general duties of able seaman and during an emergency aboard
ship.
(b) An STCW endorsement, will be
issued or renewed only when the candidate for certification as an able seaman also produces satisfactory evidence, on the basis of assessment of a
practical demonstration of skills and
abilities, of having achieved or maintained within the previous 5 years the
minimum standards of competence for
the following 4 areas of basic safety:
(1) Personal survival techniques as
set out in table A-VI/1-1 of the STCW
Code (incorporated by reference in
§ 12.01–3).
(2) Fire prevention and fire-fighting
as set out in table A-VI/1-2 of the
STCW Code.
(3) Elementary first aid as set out in
table A-VI/1-3 of the STCW Code.
(4) Personal safety and social responsibilities as set out in table A-VI/1-4 of
the STCW Code.
(c) An STCW endorsement as rating
forming part of the navigational watch
will be issued or renewed when the candidate for an endorsement meets the
requirements of STCW Regulation II/4
and of Section A–II/4 of the STCW Code
(incorporated by reference, see § 12.01–
3).
[CGD 80–131, 45 FR 69240, Oct. 20, 1980, as
amended by CGD 95–062, 62 FR 34537, June 26,
1997; CGD 95–062, 62 FR 40140, July 25, 1997;
USCG-1999–5610, 67 FR 66068, Oct. 30, 2002;
USCG–2006–24371, 74 FR 11256, Mar. 16, 2009]
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§ 12.05–5
§ 12.05–5
46 CFR Ch. I (10–1–11 Edition)
[Reserved]
§ 12.05–7 Service or training requirements.
(a) The minimum service required to
qualify an applicant for the various
categories of endorsement as able seaman are listed in this paragraph.
(1) Able Seaman—Any Waters, Unlimited. Three years service on deck on
vessels operating on the oceans or the
Great Lakes.
(2) Able Seaman—Limited. Eighteen
months service on deck in vessels of 100
gross tons or over which operate in a
service not exclusively confined to the
rivers and smaller inland lakes of the
United States.
(3) Able Seaman—Special. Twelve
months service on deck on vessels operating on the oceans, or the navigable
waters of the United States including
the Great Lakes.
(4) Able Seaman—Special (OSV). Six
months service on deck on vessels operating on the oceans, or the navigable
waters of the United States including
the Great Lakes.
(5) After July 31, 1998, to receive an
STCW endorsement for service as a
‘‘rating forming part of a navigational
watch’’ on a seagoing ship of 500 GT or
more, the applicant’s seagoing service
must include training and experience
associated
with
navigational
watchkeeping and involve the performance of duties carried out under the direct supervision of the master, the officer in charge of the navigational
watch, or a qualified rating forming
part of a navigational watch. The
training and experience must be sufficient to establish that the candidate
has achieved the standard of competence prescribed in table A-II/4 of the
STCW Code (incorporated by reference
in § 12.01–3), in accordance with the
methods of demonstrating competence
and the criteria for evaluating competence specified in that table.
NOTE: Employment considerations for the
various categories of able seaman are contained in § 157.20–15 of this chapter.
(b) Training programs approved by
the National Maritime Center, may be
substituted for the required periods of
service on deck as follows:
(1) A graduate of a school ship may
be rated as able seaman upon satisfactory completion of the course of instruction. For this purpose, school ship
is interpreted to mean an institution
which offers a complete course of instruction, including a period of at sea
training, in the skills appropriate to
the rating of able seaman.
(2) Training programs, other than
those classified as a school ship, may
be substituted for up to one third of
the required service on deck. The service/training ratio for each program is
determined by the Commanding Officer, National Maritime Center, who
may allow a maximum of three days on
deck service credit for each day of instruction.
[CGD 80–131, 45 FR 69240, Oct. 20, 1980, as
amended by CGD 95–072, 60 FR 50460, Sept. 29,
1995; CGD 95–062, 62 FR 34537, June 26, 1997;
CGD 95–062, 62 FR 40140, July 25, 1997; USCG1998–4442, 63 FR 52189, Sept. 30, 1998; USCG1999–5610, 67 FR 66068, Oct. 30, 2002; USCG–
2006–24371, 74 FR 11256, Mar. 16, 2009]
§ 12.05–9 Examination and demonstration of ability.
(a) Before an applicant is issued an
endorsement as an able seaman, he or
she shall prove to the satisfaction of
the Coast Guard by oral or other means
of examination, and by actual demonstration, his or her knowledge of seamanship and the ability to carry out
effectively all the duties that may be
required of an able seaman, including
those of a lifeboatman. The applicant
shall demonstrate that he or she:
(1) Has been trained in all the operations connected with the launching of
lifeboats and liferafts, and in the use of
oars;
(2) Is acquainted with the practical
handling of boats; and
(3) Is capable of taking command of
the boat’s crew.
(b) The examination, whether administered orally or by other means, must
be conducted only in the English language and must consist of questions regarding:
(1) Lifeboats and liferafts, the names
of their essential parts, and a description of the required equipment;
(2) The clearing away, swinging out,
and lowering of lifeboats and liferafts,
and handling of lifeboats under oars
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Coast Guard, DHS
§ 12.10–1
and sails, including questions relative
to the proper handling of a boat in a
heavy sea;
(3) The operation and functions of
commonly used types of davits;
(4) The applicant’s knowledge of nautical terms; boxing the compass, either
by degrees or points according to his
experience; running lights, passing signals, and fog signals for vessels on the
high seas, in inland waters, or on the
Great Lakes depending upon the waters
on which the applicant has had service;
and distress signals; and,
(5) The applicant’s knowledge of commands in handling the wheel by obeying orders passed to him as wheelsman,
and
knowledge
of
the
use
of
engineroom telegraph or bell-pull signals.
(c) In the actual demonstration, the
applicant shall show his ability by taking command of a boat and directing
the operation of clearing away, swinging out, lowering the boat into the
water, and acting as coxswain in
charge of the boat under oars. He shall
demonstrate his ability to row by actually pulling an oar in the boat. He shall
also demonstrate knowledge of the
principal knots, bends, splices, and
hitches in common use by actually
making them.
(d) The applicant must demonstrate
to the satisfaction of the Officer in
Charge, Marine Inspection, his knowledge of pollution laws and regulations,
procedures for discharge containment
and cleanup, and methods for disposal
of sludge and waste material from
cargo and fueling operations.
(e) Any person who holds a valid
MMC or MMD endorsed as able seaman,
any waters-12 months and who can
produce documentary evidence of sufficient service to qualify for an endorsement as able seaman, any waters-unlimited, may be issued a new MMC
bearing this endorsement without additional professional examination. The
applicant shall surrender for cancellation the credential bearing the limited
endorsement. No physical examination
will be required at the time of this exchange unless it is found that the applicant obviously suffers from some
physical or mental infirmity to a degree that in the opinion of the Officer
in Charge, Marine Inspection, would
render him incompetent to perform the
usual duties of an able seaman at sea.
If such condition is believed to exist,
the applicant shall be required to undergo an examination to determine his
competency as set forth in § 10.215 of
this chapter.
[CGFR 65–50, 30 FR 16640, Dec. 30, 1965, as
amended by CGD 71–161R, 37 FR 28263, Dec.
21, 1972; CGD 94–029, 61 FR 47064, Sept. 6, 1996;
USCG-2002–13058, 67 FR 61278, Sept. 30, 2002;
USCG-2004–18884, 69 FR 58343, Sept. 30, 2004;
USCG–2006–24371, 74 FR 11256, Mar. 16, 2009]
§ 12.05–11 General provisions respecting merchant mariner’s document
endorsed for service as able seamen.
(a) The holder of an MMC or MMD
endorsed for the rating of able seamen
may serve in any rating in the deck department without obtaining an additional endorsement; provided, however,
that the holder shall hold the appropriate endorsement under the STCW
(incorporated by reference, see § 12.01–3)
when serving as a rating forming part
of a navigational watch (RFPNW) on a
seagoing ship of 500 GT or more.
(b) An MMC or MMD endorsed as able
seaman will also be considered an endorsement as lifeboatman.
(c) This type of document will describe clearly the type of able seaman
certificate which it represents, e.g.:
able seaman—any waters; able seaman—any waters, 12 months; able seaman—Great Lakes, 18 months; able
seaman—on freight vessels, 500 gross
tons or less on bays or sounds, and on
tugs, towboats, and barges on any waters.
[CGFR 65–50, 30 FR 16640, Dec. 30, 1965,
amended by CGD 95–062, 62 FR 34537, June
1997; USCG-1999–5610, 67 FR 66068, Oct.
2002; USCG–2006–24371, 74 FR 11256, Mar.
2009]
Subpart 12.07 [Reserved]
Subpart 12.10—Lifeboatman
§ 12.10–1 Credentials required.
Every person serving under the authority of a rating endorsement as
lifeboatman on any United States vessel requiring lifeboatmen must produce
an MMC or MMD endorsed as
lifeboatman or able seaman to the
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§ 12.10–3
46 CFR Ch. I (10–1–11 Edition)
United States Customs and Border Protection Port Director or his or her representative or master before signing
articles of agreement. 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.
[USCG–2006–24371, 74 FR 11256, Mar. 16, 2009]
§ 12.10–3
General requirements.
(a) An applicant to be eligible for an
endorsement as lifeboatman must meet
one of the following requirements:
(1) At least 1 year’s sea service in the
deck department, or at least 2 years’
sea service in the other departments of
ocean, coastwise, Great Lakes, and
other lakes, bays, or sounds vessels.
(2) Graduation from a schoolship approved by and conducted under rules
prescribed by the National Maritime
Center.
(3) Satisfactory completion of basic
training by a Cadet of the United
States Merchant Marine Cadet Corps.
(4) Satisfactory completion of 3
years’ training at the U.S. Naval Academy or the U.S. Coast Guard Academy
including two training cruises.
(5) Satisfactory completion of a
course of training approved by the National Maritime Center, or service
aboard a training vessel.
(6) Successful completion of a training course, approved by the National
Maritime Center, such course to include a minimum of 30 hours’ actual
lifeboat training; provided, however,
that the applicant produces satisfactory evidence of having served a minimum of 6 months at sea board ocean
or coastwise vessels.
(b) An applicant, to be eligible for an
endorsement as lifeboatman, shall be
able to speak and understand the
English language as would be required
in the rating of lifeboatman and in an
emergency aboard ship.
(c) An applicant shall be 18 years old
to be eligible for an endorsement as
proficient in survival craft under
STCW Regulation VI/2 (incorporated by
reference in § 12.01–3).
[CGFR 65–50, 30 FR 16640, Dec. 30, 1965, as
amended by CGD 95–072, 60 FR 50460, Sept. 29,
1995; CGD 95–062, 62 FR 34537, June 26, 1997;
USCG-1998–4442, 63 FR 52189, Sept. 30, 1998;
USCG-1999–5610, 67 FR 66068, Oct. 30, 2002;
USCG-2004–18884, 69 FR 58343, Sept. 30, 2004;
USCG–2006–24371, 74 FR 11256, Mar. 16, 2009]
§ 12.10–5 Examination and demonstration of ability.
(a) Before an applicant is issued an
endorsement as a lifeboatman, he or
she shall prove to the satisfaction of
the Coast Guard by oral or other means
of examination, and by actual demonstration, his or her knowledge of seamanship and the ability to carry out
effectively all the duties that may be
required of a lifeboatman. The applicant shall demonstrate that he or she:
(1) Has been trained in all the operations connected with the launching of
lifeboats and liferafts, and in the use of
oars;
(2) Is acquainted with the practical
handling of boats; and
(3) Is capable of taking command of
the boat’s crew.
(b) The examination, whether administered orally or by other means, must
be conducted only in the English language and must consist of questions regarding:
(1) Lifeboats and liferafts, the names
of their essential parts, and a description of the required equipment;
(2) The clearing away, swinging out,
and lowering of lifeboats and liferafts,
the handling of lifeboats under oars
and sails, including questions relative
to the proper handling of a boat in a
heavy sea; and,
(3) The operation and functions of
commonly used types of davits.
(c) The practical examination shall
consist of a demonstration of the applicant’s ability to carry out the orders
incident to launching lifeboats, and the
use of the boat’s sail, and to row.
(d)
Each
applicant
for
a
lifeboatman’s endorsement with an
STCW endorsement for proficiency in
survival craft and rescue boats shall be
not less than 18 years old and shall
produce satisfactory evidence that he
or she meets the requirements of STCW
Regulation VI/2 (incorporated by reference in § 12.01–3), paragraph 1, and the
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Coast Guard, DHS
§ 12.15–3
appropriate provisions of Section A-VI/
2 of the STCW Code (also incorporated
by reference in § 12.01–3).
§ 12.13–1 Documentary
quired.
evidence
[CGFR 60–50, 30 FR 16640, Dec. 30, 1965, as
amended by CGD 71–161R, 37 FR 28263, Dec.
21, 1972; CGD 94–029, 61 FR 47064, Sept. 6, 1996;
CGD 95–062, 62 FR 34537, June 26, 1997; USCG1999–5610, 67 FR 66068, Oct. 30, 2002; USCG–
2006–24371, 74 FR 11257, Mar. 16, 2009]
Each person designated to provide
medical first aid on board ship, or to
take charge of medical care on board
ship, shall hold documentary evidence
attesting that the person has attended
a course of training in medical first aid
or medical care, as appropriate.
§ 12.10–7 General provisions respecting an MMC or MMD endorsed as
lifeboatman.
[CGD 95–062, 62 FR 34537, June 26, 1997, as
amended by USCG-2004–18884, 69 FR 58343,
Sept. 30, 2004]
An MMC or MMD endorsed as able
seaman is the equivalent of an endorsement as lifeboatman and will be accepted wherever a lifeboatman is required by law; provided, however, that,
when an able seaman has to be endorsed as either proficient in survival
craft and rescue boats or proficient in
fast rescue boats, he or she shall hold
an endorsement under the STCW (incorporated by reference, see § 12.01–3).
§ 12.13–3 Basis
dence.
of
documentary
evi-
[USCG–2006–24371, 74 FR 11257, Mar. 16, 2009]
The Officer in Charge, Marine Inspection will issue such documentary evidence to the person, or endorse his or
her MMC, on being satisfied that the
training required under section 12.13–1
of this section establishes that he or
she meets the standards of competence
set out in STCW Regulation VI/4 and
Section A-VI/4 of the STCW Code.
§ 12.10–9 Endorsement for proficiency
in fast rescue boats.
[CGD 95–062, 62 FR 34537, June 26, 1997, as
amended by USCG–2006–24371, 74 FR 11257,
Mar. 16, 2009]
(a) Each person engaged or employed
as a lifeboatman proficient in fast rescue boats must hold an appropriately
endorsed MMC or MMD.
(b) To be eligible for an MMC endorsed for proficiency in fast rescue
boats, an applicant must:
(1) Be qualified as a lifeboatman with
proficiency in survival craft and fast
rescue boats under this subpart; and
(2) Furnish satisfactory proof that he
or she has met the requirements for
training and competence of STCW Regulation, VI/2 paragraph 2, and the appropriate requirements of Section AVI/2 of the STCW Code (incorporated by
reference in § 12.01–3).
[CGD 95–062, 62 FR 34537, June 26, 1997, as
amended by USCG-1999–5610, 67 FR 66069, Oct.
30, 2002; USCG-2004–18884, 69 FR 58343, Sept.
30, 2004; USCG–2006–24371, 74 FR 11257, Mar.
16, 2009]
Subpart
12.13—Persons
Designated To Provide Medical
Care on Board Ship
SOURCE: CGD 95–062, 62 FR 34537, June 26,
1997, unless otherwise noted.
Subpart 12.15—Qualified Member
of the Engine Department
§ 12.15–1
Credentials required.
(a) Every person serving under the
authority of a rating endorsement as
qualified member of the engine department on any United States vessel requiring qualified members of the engine department shall produce an endorsement as qualified member of the
engine department to the United
States Customs and Border Protection
Port Director or his or her representative or master before signing articles
of agreement.
(b) No endorsement as qualified
member of the engine department is required of any person employed on any
unrigged
vessel,
except
seagoing
barges.
[USCG–2006–24371, 74 FR 11257, Mar. 16, 2009]
§ 12.15–3
General requirements.
(a) A qualified member of the engine
department is any person below officer
and above the rating of coal passer or
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§ 12.15–5
46 CFR Ch. I (10–1–11 Edition)
wiper, who holds an MMC or MMD endorsed as qualified member of the engine department issued by the Coast
Guard.
(b) For purposes of administering
this part the rating of assistant electrician is considered a rating equal to
coal passer or wiper.
(c) An applicant, to be eligible for an
endorsement as qualified member of
the engine department, shall be able to
speak and understand the English language as would be required in the rating of qualified member of the engine
department and in an emergency
aboard ship.
(d) An STCW endorsement will be
issued or renewed only when the candidate for endorsement as a qualified
member of the engine department also
produces satisfactory evidence, on the
basis of assessment of a practical demonstration of skills and abilities, of
having achieved or maintained within
the previous 5 years the minimum
standards of competence for the following 4 areas of basic safety:
(1) Personal survival techniques as
set out in table A-VI/1-1 of the STCW
Code (incorporated by reference in
§ 12.01–3).
(2) Fire prevention and fire-fighting
as set out in table A-VI/1-2 of the
STCW Code.
(3) Elementary first aid as set out in
table A-VI/1-3 of the STCW Code.
(4) Personal safety and social responsibilities as set out in table A-VI/1-4 of
the STCW Code.
(e) An STCW endorsement will be
issued or renewed only when the candidate for endorsement as a qualified
member of the engine department
meets the standards of competence set
out in STCW Regulation III/4 and Section A-III/4 of the STCW Code (incorporated by reference, see § 12.01–3), if
the candidate will be serving as a rating forming part of a watch in a
manned engine-room, or designated to
perform duties in a periodically unmanned engine-room, on a seagoing
ship driven by main propulsion ma-
chinery of 750 kW [1,000 hp] propulsion
power or more.
[CGFR 65–50, 30 FR 16640, Dec. 30, 1965,
amended by CGD 95–062, 62 FR 34538, June
1997; USCG-2000–7790, 65 FR 58458, Sept.
2000; USCG-1999–5610, 67 FR 66069, Oct.
2002; USCG–2006–24371, 74 FR 11257, Mar.
2009]
§ 12.15–5 Physical
quirements.
and
medical
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The physical and medical requirements for an endorsement as QMED are
found in § 10.215 of this chapter.
[USCG–2006–24371, 74 FR 11257, Mar. 16, 2009]
§ 12.15–7 Service or training requirements.
(a) An applicant for an endorsement
as qualified member of the engine department shall furnish the Coast Guard
proof of qualification based on six
months’ service in a rating at least
equal to that of wiper or coal passer.
(b) Training programs approved by
the Commanding Officer, National
Maritime Center, may be substituted
for the required service at sea in accordance with the following:
(1) A graduate of a school ship may
qualify for a rating endorsement as
qualified member of the engine department upon satisfactory completion of
the course of instruction. For this purpose, school ship is interpreted to mean
an institution which offers a complete
course of instruction, including a period of sea training, in the skills appropriate to the rating of qualified member of the engine department.
(2) Training programs other than
those classified as a school ship may be
substituted for up to one-half of the required service at sea.
(c) To qualify to receive an STCW endorsement for service as a ‘‘rating
forming part of a watch in a manned
engine-room or designated to perform
duties in a periodically unmanned engine-room’’ on a seagoing vessel driven
by main propulsion machinery 750 kW
[1,000 hp] propulsion power or more, an
applicant shall prove seagoing service
that includes training and experience
associated
with
engine-room
watchkeeping and involves the performance of duties carried out under
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Coast Guard, DHS
§ 12.15–9
the direct supervision of a qualified engineer officer or a member of a qualified rating in the engine department.
The training must establish that the
applicant has achieved the standard of
competence prescribed in table A-III/4
of the STCW Code (incorporated by reference in § 12.01–3), in accordance with
the methods of demonstrating competence and the criteria for evaluating
competence specified in that table.
[CGD 80–131, 45 FR 69241, Oct. 20, 1980, as
amended by CGD 95–072, 60 FR 50460, Sept. 29,
1995; CGD 95–062, 62 FR 34538, June 26, 1997;
CGD 95–062, 62 FR 40140, July 25, 1997; USCG1998–4442, 63 FR 52189, Sept. 30, 1998; USCG1999–5610, 67 FR 66069, Oct. 30, 2002; USCG–
2006–24371, 74 FR 11257, Mar. 16, 2009]
Subjects
1. Application, maintenance, and use of hand tools and
measuring instruments ..........................................................
2. Uses of babbitt, copper, brass, steel, and other metals ......
3. Methods of measuring pipe, pipe fittings, sheet metal, machine bolts and nuts, packing, etc .........................................
4. Operation and maintenance of mechanical remote control
equipment ..............................................................................
5. Precautions to be taken for the prevention of fire and the
proper use of firefighting equipment .....................................
6. Principles of mechanical refrigeration; and functions, operation, and maintenance of various machines and parts of
the systems ...........................................................................
7. Knowledge of piping systems as used in ammonia, freon,
and CO2, including testing for leaks, operation of bypasses,
and making up of joints .........................................................
8. Safety precautions to be observed in the operation of various refrigerating systems, including storage of refrigerants,
and the use of gas masks and firefighting equipment ..........
9. Combustion of fuels, proper temperature, pressures, and
atomization ............................................................................
10. Operation of the fuel oil system on oil burning boilers, including the transfer and storage of fuel oil ...........................
11. Hazards involved and the precautions taken against accumulation of oil in furnaces, bilges, floorplates, and tank
tops; flarebacks, leaks in fuel oil heaters, clogged strainers
and burner tips ......................................................................
12. Precautions necessary when filling empty boilers, starting
up the fuel oil burning system, and raising steam from a
cold boiler ..............................................................................
13. The function, operation, and maintenance of the various
engineroom auxiliaries ...........................................................
14. Proper operation of the various types of lubricating systems .......................................................................................
15. Safety precautions to be observed in connection with the
operation of engineroom auxiliaries, electrical machinery,
and switchboard equipment ..................................................
16. The function, operation, and maintenance of the bilge,
ballast, fire, freshwater, sanitary, and lubricating systems ...
17. Proper care of spare machine parts and idle equipment ...
18. The procedure in preparing a turbine, reciprocating, or
Diesel engine for standby; also the procedure in securing ..
19. Operation and maintenance of the equipment necessary
for the supply of water to boilers, the dangers of high and
low water and remedial action ..............................................
20. Operation, location, and maintenance of the various boiler
fittings and accessories .........................................................
§ 12.15–9
Examination requirements.
(a) Each applicant for endorsement
as a qualified member of the engine department in the rating of oiler,
watertender, fireman, deck engineer,
refrigeration engineer, junior engineer,
electrician, or machinist shall be examined orally or by other means and
only in the English language on the
subjects listed in paragraph (b) of this
section. The applicant’s general knowledge of the subjects must be sufficient
to satisfy the examiner that he is
qualified to perform the duties of the
rating for which he makes application.
(b) List of subjects required:
Machinist
Refrigerating
engineer
Fireman/
Watertender
X
X
X
X
X
X
X
X
X
X
Electrician
Junior
engineer
Deck
engineer
X
X
X
X
X
X
X
X
X
X
X
X
X
..........
X
X
X
X
X
X
X
X
X
X
X
..........
X
....................
X
..........
X
..........
..........
X
....................
..........
..........
X
..........
X
X
X
X
X
X
X
..........
..........
X
X
..........
X
..........
..........
..........
X
X
..........
X
X
X
X
X
X
X
X
..........
..........
..........
X
X
..........
X
..........
X
X
X
X
X
X
..........
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
..........
X
X
X
X
X
..........
..........
X
X
..........
X
..........
..........
..........
X
X
..........
X
..........
X
..........
X
X
..........
X
..........
Oiler
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§ 12.15–11
46 CFR Ch. I (10–1–11 Edition)
Subjects
21. The practical application and solution of basic electrical
calculations (Ohm’s law, power formula, etc.) ......................
22. Electrical wiring circuits of the various two-wire and threewire D.C. systems and the various single-phase and polyphase A.C. systems ..............................................................
23. Application and characteristics of parallel and series circuits .......................................................................................
24. Application and maintenance of electrical meters and instruments ...............................................................................
25. The maintenance and installation of lighting and power
wiring involving testing for, locating and correcting grounds,
short circuits and open circuits, and making splices ............
26. The operation and maintenance of the various types of
generators and motors, both A.C. and D.C ..........................
27. Operation, installation, and maintenance of the various
types of electrical controls and safety devices .....................
28. Testing and maintenance of special electrical equipment,
such as telegraphs, telephones, alarm systems, fire-detecting systems, and rudder angle indicators .............................
29. Rules and Regulations and requirements for installation,
repair, and maintenance of electrical wiring and equipment
installed aboard ships ............................................................
29a. Pollution laws and regulations, procedures for discharge
containment and cleanup, and methods for disposal of
sludge and waste from cargo and fueling operations ...........
30. Such further examination of a nonmathematical character
as the Officer in Charge, Marine Inspection, may consider
necessary to establish the applicant’s proficiency ................
(c) Each applicant for an endorsement as a qualified member of the engine department in the rating of
pumpman shall, by oral or other examination, demonstrate sufficient knowledge of the subjects peculiar to that
rating to satisfy the Officer in Charge,
Marine Inspection, that he or she is
qualified to perform the duties of that
rating.
(d) Applicants for an endorsement as
qualified members of the engine department in the rating of deck engine
mechanic or engineman, who have
proved eligibility for such endorsement
under either § 12.15–13 or § 12.15–15, will
not be required to take a written or
oral examination for such ratings.
Machinist
Refrigerating
engineer
Fireman/
Watertender
Oiler
..........
..........
....................
..........
Junior
engineer
Deck
engineer
X
X
X
..........
..........
....................
..........
X
X
X
..........
..........
....................
..........
X
X
X
..........
..........
....................
..........
X
X
X
..........
..........
....................
..........
X
X
X
..........
..........
....................
..........
X
X
X
..........
..........
....................
..........
X
X
X
..........
..........
....................
..........
X
X
..........
..........
..........
....................
..........
X
X
X
X
X
X
X
X
X
..........
X
X
X
X
X
X
X
in any unqualified rating in the engine
department without obtaining an additional endorsement. This does not
mean that an endorsement of one
qualified member of the engine department rating authorizes the holder to
serve in all qualified member of the engine department ratings. Each qualified member of the engine department
rating must be a separate endorsement.
When, however, the applicant qualifies
for all ratings covered by an endorsement as a QMED, the endorsement may
read QMED—any rating. The ratings
are as follows:
(a) Refrigerating engineer.
(b) Oiler.
(c) Deck engineer.
(d) Fireman/Watertender.
(e) Junior engineer.
(f) Electrician.
(g) Machinist.
(h) Pumpman.
(i) Deck engine mechanic.
(j) Engineman.
[CGFR 65–50, 30 FR 16640, Dec. 30, 1965, as
amended by CGFR 66–46, 31 FR 13649, Oct. 22,
1966; CGD 71–161R, 37 FR 28263, Dec. 21, 1972;
CGD 74–75, 42 FR 24741, May 16, 1977; CGD 94–
029, 61 FR 47064, Sept. 6, 1996; USCG–2006–
24371, 74 FR 11257, Mar. 16, 2009]
§ 12.15–11 General provisions respecting an endorsement as qualified
member of the engine department.
The holder of an endorsement with
one or more qualified members of the
engine department ratings may serve
Electrician
[CGFR 65–50, 30 FR 16640, Dec. 30, 1965, as
amended by CGFR 66–46, 31 FR 13649, Oct. 22,
1966; CGD 74–45, 42 FR 24741, May 16, 1977;
USCG–2006–24371, 74 FR 11257, Mar. 16, 2009]
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Coast Guard, DHS
§ 12.25–10
§ 12.15–13 Deck engine mechanic.
(a) An applicant for an endorsement
as deck engine mechanic shall be a person holding an MMC or MMD endorsed
as junior engineer. The applicant shall
be eligible for such certification upon
furnishing one of the following:
(1) Satisfactory documentary evidence of sea service of 6 months in the
rating of junior engineer on steam vessels of 4,000 horsepower or over; or,
(2) Documentary evidence from an
operator of an automated vessel that
he has completed satisfactorily at least
4 weeks indoctrination and training in
the engine department of an automated
steam vessel of 4,000 horsepower or
over; or,
(3) Satisfactory completion of a
course of training for deck engine mechanic acceptable to the Commanding
Officer, National Maritime Center.
(b) The Officer in Charge, Marine Inspection, who is satisfied that an applicant for the rating of deck engine mechanic meets the requirements specified in this section, will endorse this
rating on the current MMC held by the
applicant.
(c) Any holder of an MMC or MMD
endorsed for any unlicensed rating in the
engine department or QMED—any rating
is qualified as a deck engine mechanic
and that endorsement will not be entered on his or her credential.
[CGFR 66–46, 31 FR 13649, Oct. 22, 1966, as
amended by CGD 95–072, 60 FR 50460, Sept. 29,
1995; CGD 95–028, 62 FR 51196, Sept. 30, 1997;
USCG-1998–4442, 63 FR 52189, Sept. 30, 1998;
USCG–2006–24371, 74 FR 11258, Mar. 16, 2009]
§ 12.15–15 Engineman.
(a) An applicant for an endorsement
as engineman shall be a person holding
an MMC or MMD document endorsed as
fireman/watertender and oiler, or junior engineer. The applicant shall be eligible for such endorsement upon furnishing one of the following:
(1) Satisfactory documentary evidence of sea service of 6 months in any
one or combination of junior engineer,
fireman/watertender or oiler on steam
vessels of 4,000 horsepower or over; or,
(2) Documentary evidence from an
operator of a partially automated steam
vessel that he has completed satisfactorily at least 2 weeks indoctrination
and training in the engine department
of a partially automated steam vessel of
4,000 horsepower or over; or
(3) Satisfactory completion of a
course of training for engineman acceptable to the Commanding Officer,
National Maritime Center.
(b) The Officer in Charge, Marine Inspection, who is satisfied that an applicant for the rating of engineman meets
the requirements specified in this section, will endorse this rating on the applicant’s MMC.
(c) Any holder of an MMC or MMD
endorsed for any rating in the engine
department, QMED—any rating or
deck engine mechanic is qualified as an
engineman and that endorsement will
not be entered on his or her credential.
[CGFR 66–46, 31 FR 13650, Oct. 22, 1966, as
amended by CGD 95–072, 60 FR 50460, Sept. 29,
1995; CGD 95–028, 62 FR 51196, Sept. 30, 1997;
USCG-1998–4442, 63 FR 52189, Sept. 30, 1998;
USCG–2006–24371, 74 FR 11258, Mar. 16, 2009]
Subpart
12.25—Certificates
of
Service for Ratings Other Than
Able Seaman or Qualified
Member of the Engine Department
§ 12.25–1 Credentials required.
Every person employed in a rating
other than able seaman or qualified
member of the engine department of
U.S. merchant vessels requiring such
persons shall produce an MMC or MMD
with the appropriate endorsement to
the master, or person in charge if appropriate, before signing a shipping articles agreement.
[CGD 95–028, 62 FR 51196, Sept. 30, 1997, as
amended by USCG–2006–24371, 74 FR 11258,
Mar. 16, 2009]
§ 12.25–10 General requirements.
(a) Rating endorsements shall be
issued without professional examination to applicants in capacities other
than
able
seaman,
lifeboatman,
tankerman, or QMED. For example, ordinary seaman, wiper, and steward’s
department (F.H.) endorsements do not
require an exam. Holders of MMCs or
MMDs endorsed as ordinary seaman
may serve in any unqualified rating in
the deck department. Holders of MMCs
or MMDs endorsed as wiper may serve
in any unqualified rating in the engine
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§ 12.25–20
46 CFR Ch. I (10–1–11 Edition)
department. MMCs or MMDs endorsed
as steward’s department (F.H.) will authorize the holder’s service in any capacity in the steward’s department.
(See § 12.02–11(b) of this part for unqualified ratings in the staff department.)
(b) When the holder of an endorsement is qualified as a food handler, the
steward’s department endorsement will
be followed by the further endorsement
(F.H.).
[USCG–2006–24371, 74 FR 11258, Mar. 16, 2009]
§ 12.25–20 Physical
quirements.
and
medical
re-
The physical and medical requirements for this subpart are found in
part 10 of this chapter.
[USCG–2006–24371, 74 FR 11258, Mar. 16, 2009]
§ 12.25–25 Members of Merchant Marine Cadet Corps.
No ratings other than cadet (deck) or
cadet (engine), as appropriate, and
lifeboatman will be shown on an MMC
issued to a member of the U.S. Merchant Marine Cadet Corps. The MMC
will also indicate that it is valid only
while the holder is a cadet in the U.S.
Maritime Administration training program. The MMC must be surrendered
upon the holder being endorsed in any
other rating or upon being issued an officer’s endorsement and the rating of
cadet (deck) or cadet (engine) will be
omitted.
[USCG–2006–24371, 74 FR 11258, Mar. 16, 2009]
§ 12.25–30
Student observers.
Students in technical schools who
are enrolled in courses in marine management and ship operations who
present a letter or other documentary
evidence that they are so enrolled shall
be issued a MMC endorsed as student
observers—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 fill any
of the regular ratings.
[CGFR 65–50, 30 FR 16640, Dec. 30, 1965, as
amended by USCG–2006–24371, 74 FR 11258,
Mar. 16, 2009]
§ 12.25–35
Apprentice engineers.
(a) Persons enrolled in an apprentice
engineer training program approved by
the Commanding Officer, National
Maritime Center, and who present a
letter or other documentary evidence
that they are so enrolled may be issued
an endorsement as apprentice engineer
and may be signed on ships as such.
The endorsement apprentice engineer
may be in addition to other endorsements. However, this endorsement of
apprentice engineer does not authorize
the holder to fill any of the regular ratings.
(b) Persons holding the endorsement
apprentice engineer shall be deemed to
be seamen.
[CGFR 66–69, 31 FR 15669, Dec. 13, 1966, as
amended by CGD 95–072, 60 FR 50460, Sept. 29,
1995; CGD 95–028, 62 FR 51196, Sept. 30, 1997;
USCG-1998–4442, 63 FR 52189, Sept. 30, 1998;
USCG–2006–24371, 74 FR 11258, Mar. 16, 2009]
§ 12.25–40
Apprentice mate.
A person enrolled in an apprentice
mate training program approved by the
Commanding Officer, National Maritime Center who presents a letter or
other documentary evidence that he is
so enrolled may be issued an endorsement as apprentice mate and may be
signed on ships as apprentice mate.
The endorsement apprentice mate may
be in addition to other endorsements.
However, this endorsement as apprentice mate does not authorize the holder
to fill any of the regular ratings.
[CGD 74–226, 40 FR 33976, Aug. 13, 1975,
amended by CGD 95–072, 60 FR 50460, Sept.
1995; USCG-1998–4442, 63 FR 52189, Sept.
1998; USCG–2006–24371, 74 FR 11258, Mar.
2009]
§ 12.25–45
GMDSS At-sea Maintainer.
An applicant is eligible to have his or
her STCW endorsement include a statement of qualification as GMDSS At-sea
Maintainer if he or she holds sufficient
evidence of having completed a training program that covers at least the
scope and content of training outlined
in Section B-IV/2 of the STCW Code (incorporated by reference in § 12.01–3) for
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Coast Guard, DHS
§ 12.40–5
training in maintenance of GMDSS installations on board vessels.
men serving on passenger ships as defined in part 10 of this chapter.
[CGD 95–062, 62 FR 34538, June 26, 1997, as
amended by USCG-1999–5610, 67 FR 66069, Oct.
30, 2002; USCG–2006–24371, 74 FR 11258, Mar.
16, 2009]
[USCG-1999–5610, 67 FR 66069, Oct. 30, 2002, as
amended by USCG–2006–24371, 74 FR 11257,
Mar. 16, 2009]
Subpart 12.30—Ro-Ro Passenger
Ships
SOURCE: CGD 95–062, 62 FR 34538, June 26,
1997, unless otherwise noted.
§ 12.30–1
Purpose of regulations.
The purpose of the regulations in this
subpart is to establish requirements for
endorsements for seamen serving on
roll-on/roll-off (Ro-Ro) passenger ships.
[CGD 95–062, 62 FR 34538, June 26, 1997, as
amended by CGD 97–057, 62 FR 51042, Sept. 30,
1997; USCG–2006–24371, 74 FR 11258, Mar. 16,
2009]
[Reserved]
§ 12.35–5
General requirements.
A mariner with no endorsements,
may serve on a passenger ship and perform duties that involve safety or care
for passengers, only after meeting the
following conditions—
(a) Meet the appropriate requirements of the STCW Regulation V/3 and
of section A-V/3 of the STCW Code (incorporated by reference in § 12.01–3);
and
(b) Hold documentary evidence to
show that the mariner meets these requirements through approved or accepted training.
[USCG-1999–5610, 67 FR 66069, Oct. 30, 2002, as
amended by USCG–2006–24371, 74 FR 11257,
Mar. 16, 2009]
§ 12.30–3
[Reserved]
§ 12.30–5
General requirements.
To serve on a Ro-Ro passenger ship a
person holding an endorsement and
performing duties toward safety, cargohandling, or care for passengers shall
meet the appropriate requirements of
STCW Regulation V/2 and of Section AV/2 of the STCW Code (incorporated by
reference in § 12.01–3), and hold documentary evidence to show his or her
meeting these requirements.
[CGD 95–062, 62 FR 34538, June 26, 1997, as
amended by USCG-1999–5610, 67 FR 66069, Oct.
30, 2002; USCG–2006–24371, 74 FR 11258, Mar.
16, 2009]
Subpart 12.35—Crewmembers on
a Passenger Ship, Other Than
a Ro-Ro Passenger Ship,
When on an International
Voyage
SOURCE: USCG-1999–5610, 67 FR 66069, Oct.
30, 2002, unless otherwise noted.
§ 12.35–1
§ 12.35–3
Subpart
12.40—-Non-resident
Alien Unlicensed Members of
the Steward’s Department on
U.S. Flag Large Passenger
Vessels
AUTHORITY: 31 U.S.C. 9701; 46 U.S.C. 2101,
2103, 2110, 7301, 7302, 7503, 7505, 7701 and 8103;
Department of Homeland Security Delegation No. 0170.1.
SOURCE: USCG–2007–27761, 74 FR
Sept. 17, 2009, unless otherwise noted.
§ 12.40–1
47734,
Purpose of rules.
The rules in this subpart implement
46 U.S.C. 8103(k) by establishing requirements for the issuance of merchant mariner credentials, valid only
for service in the steward’s department
of U.S. flag large passenger vessels, to
non-resident aliens.
§ 12.40–3
[Reserved]
§ 12.40–5 General application requirements.
Purpose of rules.
The rules in this subpart establish requirements for the qualification of sea-
(a) Unless otherwise expressly specified in this subpart, non-resident alien
applicants for Coast Guard-issued merchant mariner credentials are subject
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§ 12.40–7
46 CFR Ch. I (10–1–11 Edition)
to all applicable requirements contained in this subchapter.
(b) No application from a non-resident alien for a merchant mariner credential issued pursuant to this subpart
will be accepted unless the applicant’s
employer satisfies all of the requirements of § 12.40–7 of this subpart.
§ 12.40–7 Employer requirements.
(a) The employer must submit the
following to the Coast Guard, as a part
of the applicant’s merchant mariner
credential application, on behalf of the
applicant:
(1) A signed report that contains all
material disciplinary actions related to
the applicant, such as, but not limited
to, violence or assault, theft, drug and
alcohol policy violations, and sexual
harassment, along with an explanation
of the criteria used by the employer to
determine the materiality of those actions;
(2) A signed report regarding an employer-conducted background check.
The report must contain:
(i) A statement that the applicant
has successfully undergone an employer-conducted background check;
(ii) A description of the employerconducted 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) The employer-conducted background check must be conducted to the
satisfaction of the Coast Guard for a
merchant mariner credential to be
issued to the applicant.
(b) If a merchant mariner credential
is issued to the applicant, the report
and information required in paragraph
(a)(2) of this section must be securely
kept by the employer on the U.S. flag
large passenger vessel, or U.S. flag
large passenger vessels, on which the
applicant is employed. The report and
information must remain on the last
U.S. flag large passenger vessel on
which the applicant was employed
until such time as the merchant mariner credential is returned to the Coast
Guard in accordance with paragraph (d)
of this section.
(c) If a merchant mariner credential
or a Transportation Worker Identification Credential (TWIC) is issued to the
applicant, each merchant mariner credential 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
§ 12.40–13(c) of this subpart have not
been exceeded.
(d) In the event that the seaman’s
merchant mariner credential and/or
TWIC expires, the seaman’s visa status
terminates, the seaman serves onboard
the U.S. flag large passenger vessel(s)
for 36 months in the aggregate as a
nonimmigrant crewman, the employer
terminates employment of the seaman
or if the seaman otherwise ceases
working with the employer, the employer must return the merchant mariner credential to the Coast Guard and
the TWIC to the Transportation Security Administration within 10 days of
the event.
(e) In addition to the initial material
disciplinary actions report and the initial employer-conducted background
check specified in paragraph (a) of this
section, the employer must:
(1) Submit an annual material disciplinary actions report to update
whether there have been any material
disciplinary actions related to the applicant since the last material disciplinary actions report was submitted to
the Coast Guard.
(i) The annual material disciplinary
actions report must be submitted to
the satisfaction of the Coast Guard in
accordance with the same criteria set
forth in paragraph (a)(1) of this section,
except that the period of time examined for the material disciplinary actions report need only extend back to
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Coast Guard, DHS
§ 12.40–13
the date of the last material disciplinary actions report; and
(ii) The annual material disciplinary
actions report must be submitted to
the Coast Guard on or before the anniversary of the issuance date of the merchant mariner credential.
(2) Conduct a background check each
year that the merchant mariner’s document is valid to search for any
changes that might have occurred
since the last employer-conducted
background check was performed:
(i) The annual background check
must be conducted to the satisfaction
of the Coast Guard in accordance with
the same criteria set forth in paragraph (a)(2) of this section, except that
the period of time examined during the
annual background check need only extend back to the date of the last background check; and
(ii) All information derived from the
annual background check must be submitted to the Coast Guard on or before
the anniversary of the issuance date of
the merchant mariner credential.
(f) The employer is subject to the
civil penalty provisions specified in 46
U.S.C. 8103(f) for any violation of this
section.
§ 12.40–9
Basis for denial.
In addition to the requirements for a
merchant mariner credential established elsewhere in this subchapter,
and the basis for denial established in
§§ 10.209, 10.211, and 10.213 of this subchapter, an applicant for a merchant
mariner credential issued pursuant to
this subpart must:
(a) Have been employed, for a period
of at least one year, on a foreign flag
passenger vessel(s) that is/are under
the same common ownership or control
as the U.S. flag large passenger vessel(s) on which the applicant will be
employed upon issuance of a merchant
mariner credential 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(s), on
which the applicant will be employed.
(c) Have successfully completed an
employer-conducted background check,
to the satisfaction of both the employer and the Coast Guard.
(d) Meet the citizenship and identity
requirements of § 12.40–11 of this subpart.
§ 12.40–11 Citizenship and identity.
(a) In lieu of the requirements of
§ 10.221 of this subchapter, a non-resident alien may apply for a Coast
Guard-issued merchant mariner credential, endorsed and valid only for
service in the steward’s department of
a U.S. flag large passenger vessel as defined in this subpart, if he or she is authorized for employment under the immigration laws of the United States,
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 or D visa or other valid evidence of employment authorization in
the United States deemed acceptable
by the Coast Guard.
(c) Any non-resident alien applying
for a merchant mariner credential
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).
§ 12.40–13 Restrictions.
(a) A merchant mariner credential
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 § 12.40–9(a) of this subpart:
(1) The merchant mariner credential
will be endorsed for service in the steward’s department in accordance with
§ 12.25–10 of this part;
(2) The merchant mariner credential
may also be endorsed for service as a
food handler if the applicant meets the
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§ 12.40–15
46 CFR Ch. I (10–1–11 Edition)
requirements of § 12.25–20 of this part;
and
(3) No other rating or endorsement is
authorized, except lifeboatman, in
which case all applicable requirements
of this subchapter and the International Convention on Standards of
Training,
Certification
and
Watchkeeping for Seafarers, 1978, as
amended (STCW Convention), and the
Seafarers’ Training, Certification and
Watchkeeping Code (STCW Code), must
be met.
(b) The following restrictions must
be printed on the merchant mariner
credential, or listed in an accompanying Coast Guard letter, or both:
(1) The name and official number of
all U.S. flag vessels on which the nonresident alien may serve. Service is not
authorized on any other U.S. flag vessel;
(2) Upon issuance, the merchant mariner credential must remain in the custody of the employer at all times;
(3) Upon termination of employment,
the merchant mariner credential must
be returned to the Coast Guard within
10 days in accordance with § 12.40–7 of
this subpart;
(4) A non-resident alien issued a merchant mariner credential under this
subpart
may
not
perform
watchstanding, engine room duty
watch, or vessel navigation functions;
and
(5) A non-resident alien issued a merchant mariner credential under this
subpart may perform emergency-related duties provided:
(i) The emergency-related duties do
not require any other rating or endorsement, except lifeboatman as specified in paragraph (a)(3) of this section;
(ii) The non-resident alien has completed familiarization and basic safety
training as required in § 15.1105 of this
subchapter;
(iii) That if the non-resident alien
serves as a lifeboatman, he or she must
have the necessary lifeboatman’s endorsement; and
(iv) The non-resident alien has completed the training for crewmembers on
passenger ships performing duties involving safety or care for passengers,
as required in subpart 12.35 of this part.
(c) A non-resident alien may only
serve for an aggregate period of 36
months actual service on all authorized
U.S. flag large passenger vessels combined under the provisions of this subpart:
(1) Once this 36-month limitation is
reached, the merchant mariner credential becomes invalid and must be returned to the Coast Guard under § 12.40–
7(d) of this subpart, and the non-resident alien is no longer authorized to
serve in a position requiring a merchant mariner credential on any U.S.
flag large passenger vessel; and
(2) An individual who successfully adjusts his or her immigration status to
that of an alien lawfully admitted for
permanent residence to the United
States or who becomes a United States
citizen may apply for a merchant mariner credential, subject to the requirements of § 10.221 of this subchapter,
without any restrictions or limitations
imposed by this subpart.
§ 12.40–15
ance.
Alternative means of compli-
(a) The owner or managing operator
of a U.S. flag large passenger vessel, or
U.S. flag large passenger vessels, seeking to employ non-resident aliens
issued merchant mariner credential
under this subpart may submit a plan
to the Coast Guard, which, if approved,
will serve as an alternative means of
complying with the requirements of
this subpart.
(b) The plan must address all of the
elements contained in this subpart, as
well as the related elements contained
in § 15.530 of this subchapter, to the satisfaction of the Coast Guard.
PART 13—CERTIFICATION OF
TANKERMEN
Subpart A—General
Sec.
13.101 Purpose.
13.103 [Reserved]
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.
13.113–13.117 [Reserved]
13.119 Expiration of endorsement.
13.120 Renewal of tankerman endorsement.
13.121 Courses for tankerman endorsements.
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Coast Guard, DHS
§ 13.107
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.
‘‘Tankerman-Engineer’’ on a merchant
mariner credential.
Subpart B—Requirements for ‘‘TankermanPIC’’ Endorsement
§ 13.103
[Reserved]
§ 13.105
Paperwork approval.
13.201 Original application for ‘‘TankermanPIC’’ endorsement.
13.203 Eligibility: Experience.
13.205 Proof of service for ‘‘TankermanPIC’’ endorsement.
13.207 Eligibility: Firefighting course.
13.209 Eligibility: Cargo course.
Subpart C—Requirements for ‘‘TankermanPIC (Barge)’’ Endorsement
13.301 Original application for ‘‘TankermanPIC (Barge)’’ endorsement.
13.303 Eligibility: Experience.
13.305 Proof of service for ‘‘Tankerman-PIC
(Barge)’’ endorsement.
13.307 Eligibility: Firefighting course.
13.309 Eligibility: Cargo course.
Subpart D—Requirements for ‘‘TankermanAssistant’’ Endorsement
13.401 Original application for ‘‘TankermanAssistant’’ endorsement.
13.403 Eligibility: Experience.
13.405 Proof of service for ‘‘Tankerman-Assistant’’ endorsement.
13.407 Eligibility: Firefighting course.
13.409 Eligibility: Cargo course.
Subpart E—Requirements for ‘‘TankermanEngineer’’ Endorsement
13.501 Original application for ‘‘TankermanEngineer’’ endorsement.
13.503 Eligibility: Experience.
13.505 Proof of service for ‘‘Tankerman-Engineer’’ endorsement.
13.507 Eligibility: Firefighting course.
13.509 Eligibility: Cargo course.
AUTHORITY: 46 U.S.C. 3703, 7317, 8105, 8703,
9102; Department of Homeland Security Delegation No. 0170.1.
SOURCE: CGD 79–116, 60 FR 17142, Apr. 4,
1995, unless otherwise noted.
Subpart A—General
§ 13.101 Purpose.
This part describes the various
tankerman endorsements issued by the
Coast Guard and prescribes the requirements for obtaining an endorsement as
a ‘‘Tankerman-PIC,’’ ‘‘Tankerman-PIC
(Barge),’’ ‘‘Tankerman-Assistant,’’ or
[CGD 79–116, 60 FR 17142, Apr. 4, 1995, as
amended by USCG–2006–24371, 74 FR 11259,
Mar. 16, 2009]
(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]
§ 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 chapter.
[USCG–2006–24371, 74 FR 11259, Mar. 16, 2009]
§ 13.107 Tankerman endorsement: General.
(a) If an applicant meets the requirements of subpart B of this part, the
OCMI at an REC may endorse his or
her 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
OCMI at an REC may endorse his or
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§ 13.109
46 CFR Ch. I (10–1–11 Edition)
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
OCMI at an REC 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 cargotank cleaning unless he or she also
holds an endorsement authorizing service as PIC. He or she may, however,
without being directly supervised by
the PIC, perform duties relative to
cargo and cargo-handling equipment
assigned by the PIC of transfers of fuel
oil, of transfers of liquid cargo in bulk,
or of cargo-tank cleaning. When performing these duties, he or she shall
maintain continuous two-way voice
communications with the PIC.
(d) If an applicant meets the requirements of subpart E of this part, the
OCMI at an REC may endorse his or
her MMC as ‘‘Tankerman-Engineer’’.
No person holding this endorsement
may act as a PIC or ‘‘Tankerman-Assistant’’ of any transfer of fuel oil, of
any transfer of liquid cargo in bulk, or
of cargo-tank cleaning unless he or she
also holds an endorsement authorizing
such service. A person holding this endorsement and acting in this capacity
has the primary responsibility, on his
or her self-propelled tank vessel carrying DL or LG, for maintaining both
the cargo systems and equipment for
transfer of liquids in bulk and the bunkering systems and equipment. No person licensed 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 this endorsement or equivalent.
(e) If an applicant meets the requirements of § 13.111, the OCMI at an REC
may place on his or her MMC an endorsement as a ‘‘Tankerman-PIC’’ restricted according to the definitions of
‘‘restricted Tankerman endorsement’’
in § 10.107.
(f) A tankerman wishing to obtain an
endorsement that he or she does not
hold shall apply at an REC referenced
in § 10.217 of this title. If he or she
meets all requirements for the new endorsement, the REC may issue a new
MMC including the endorsement.
(g) This section does not apply to any
person solely by reason of his or her involvement in bunkering or fueling.
[CGD 79–116, 60 FR 17142, Apr. 4, 1995, as
amended by CGD 79–116, 62 FR 25127, May 8,
1997; USCG–2008–0906, 73 FR 56508, Sept. 29,
2008; USCG–2006–24371, 74 FR 11259, Mar. 16,
2009]
§ 13.109 Tankerman endorsement: Authorized cargoes.
(a) Each tankerman endorsement described in § 13.107 will expressly limit
the holder’s service under it to transfers involving one or both of the following cargo classifications:
(1) Dangerous liquid (DL).
(2) Liquefied gas (LG).
(b) No tankerman endorsement is
necessary to transfer the liquid cargoes
in bulk listed in Table 2 of Part 153 of
this chapter when those cargoes are
carried on barges not certified for
ocean service.
(c) A tankerman having qualified in
one cargo classification and wishing to
qualify in another shall apply at an
REC referenced in § 10.217 of this chapter. If he or she meets all requirements
for the other, the REC may issue a new
MMC including the endorsement.
[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]
§ 13.111 Restricted
tankerman
endorsement.
(a) An applicant may apply at an
REC listed in § 10.217 of this chapter for
a tankerman endorsement restricted to
specific cargoes, specific vessels or
groups of vessels (such as uninspected
towing vessels and Oil Spill Response
Vessels), specific facilities, specific employers, or otherwise as the OCMI
deems appropriate. The OCMI will
evaluate each application and may
modify the applicable requirements for
the endorsement, allowing for special
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Coast Guard, DHS
§ 13.121
circumstances and for whichever restrictions the endorsement will state.
(b) To qualify for a restricted
‘‘Tankerman-PIC’’ endorsement, an applicant shall meet §§ 13.201, excluding
paragraph (f); 13.203; and 13.205.
(1) Twenty-five percent of the service
described in § 13.203(a) must have occurred within the past five years.
(2) Two of the transfers described in
§ 13.203(b) must have occurred within
the past five years.
(c) To qualify for a restricted
‘‘Tankerman-PIC (Barge)’’ endorsement, an applicant shall meet §§ 13.301,
excluding paragraph (f); and 13.305.
(1) Twenty-five percent of the service
described in § 13.303(a) must have occurred within the past five years.
(2) Two of the transfers described in
§ 13.303(b) must have occurred within
the past five years.
(d) To qualify for a restricted
‘‘Tankerman-PIC (Barge)’’ endorsement restricted to a tank-cleaning and
gas-freeing
facility,
an
applicant
shall—
(1) Be at least 18 years old;
(2) Apply on a Coast Guard form;
(3) Present evidence of passing a
physical and medical examination according to § 10.215 of this chapter;
(4) Present evidence in the form of a
letter on company letterhead from the
operator of the facility stating that
OSHA considers the applicant a ‘‘competent person’’ for the facility and that
the applicant has the knowledge necessary to supervise tank-cleaning and
gas-freeing; and
(5) Be capable of speaking and understanding, in English, all instructions
needed to commence, conduct, and
complete a transfer of cargo, and of
reading the English found in the Declaration of Inspection, vessel response
plans, and Cargo Information Cards.
(e) The restricted ‘‘Tankerman-PIC
(Barge)’’ endorsement restricted to a
tank-cleaning and gas-freeing facility
is valid only while the applicant is employed by the operator of the facility
that provided the letter of service required by paragraph (d)(4) of this section, and this and any other appropriate restrictions will appear in the
endorsement.
(f) Because the International Convention on Standards of Training, Certifi-
cation and Watchkeeping for Seafarers,
1978, as amended (STCW), does not recognize restricted Tankerman-PIC endorsements, persons may act under
these only aboard vessels conducting
business inside the Boundary Line.
[CGD 79–116, 60 FR 17142, Apr. 4, 1995, as
amended by CGD 79–116, 62 FR 25128, May 8,
1997; USCG–2006–24371, 74 FR 11259, Mar. 16,
2009]
§§ 13.113–13.117
[Reserved]
§ 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]
§ 13.120 Renewal of tankerman endorsement.
An applicant wishing to renew a
tankerman’s endorsement shall meet
the requirements of § 10.227 of this
chapter for renewing an MMC and
prove either participation in at least
two transfers within the last 5 years in
accordance with § 13.127(b) or completion of an approved course as described
in § 10.304.
[CGD 79–116, 62 FR 25130, May 8, 1997, as
amended by USCG–2006–24371, 74 FR 11259,
Mar. 16, 2009]
§ 13.121 Courses for tankerman endorsements.
(a) This section prescribes the requirements, beyond those in §§ 11.302
and 11.304 of this chapter, applicable to
schools offering courses required for a
tankerman endorsement and courses
that are a substitute for experience
with transfers of liquid cargo in bulk
required for the endorsement.
(b) Upon satisfactory completion of
an approved course, each student shall
receive a certificate, signed by the
head of the school offering the course
or by a designated representative, indicating the title of the course, the duration, and, if appropriate, credit allowed
towards meeting the transfer requirements of this part.
(c) A course that uses simulated
transfers to train students in loading
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§ 13.121
46 CFR Ch. I (10–1–11 Edition)
and discharging tank vessels may replace up to 2 loadings and 2 discharges,
1 commencement and 1 completion of
loading, and 1 commencement and 1
completion of discharge required for a
Tankerman-PIC or Tankerman-PIC
(Barge) endorsement. The request for
approval of the course must specify
those segments of a transfer that the
course will simulate. The letter from
the Coast Guard approving the course
will state the number and kind of segments that the course will replace.
(d) The course in liquid cargo required for an endorsement as—
(1) ‘‘Tankerman-PIC DL’’ is Tankship: Dangerous Liquids;
(2) ‘‘Tankerman-PIC (Barge) DL’’ is
Tank Barge: Dangerous Liquids;
(3) ‘‘Tankerman-PIC LG’’ is Tankship: Liquefied Gases;
(4) ‘‘Tankerman-PIC (Barge) LG’’ is
Tank Barge: Liquefied Gases;
(5) ‘‘Tankerman-Assistant DL’’ is Familiarization with DL Tankship; and
(6) ‘‘Tankerman-Assistant LG’’ is Familiarization with LG Tankship.
(e) The course in firefighting required for an endorsement as—
(1) ‘‘Tankerman-PIC (Barge)’’ is Tank
Barge: Firefighting; and
(2) ‘‘Tankerman-PIC’’, ‘‘TankermanAssistant’’,
and
‘‘Tankerman-Engineer’’ is a firefighting course that
meets the basic firefighting section of
the IMO’s Resolution A.437 (XI),
‘‘Training of Crews in Fire Fighting’’.
(f) No school may issue a certificate
unless the student has successfully
completed an approved course with the
appropriate curriculum outlined in
Table 13.121(f) or § 13.121(h).
(g) An organization with a course in
DL or LG or a course in tank-barge
firefighting taught before March 31,
1996, that substantially covered the
material required by Table 13.121(f) for
liquid cargoes, Table 13.121(g) for firefighting, or § 13.121(h) for familiarization with tankships, may seek approval
under § 10.302 of this chapter from the
Coast Guard for any course taught up
to ten years before March 31, 1996.
(h) The Coast Guard will evaluate the
curricula of courses for Familiarization with DL and LG Tankships to ensure adequate coverage of the required
subjects. Training may employ class-
room instruction, demonstrations, or
simulated or actual operations.
(1) The curricula of courses for Familiarization with DL Tankships must
consist of the following:
(i) General characteristics, compatibility, reaction, firefighting, and safety precautions for bulk liquid cargoes
defined as DL in this part.
(ii) Terminology of tankships carrying oil and other chemicals.
(iii) General arrangement and construction of cargo tanks, vapor control,
and venting.
(iv) Cargo-piping systems and valves.
(v) General operation of cargo pumps.
(vi) General discussion of the following operations connected with the
loading and discharging of cargo:
(A) Pre-transfer inspection and conference and Declaration of Inspection.
(B) Lining up of the cargo and vaporcontrol systems and starting of liquid
flow.
(C) Connecting and disconnecting of
cargo hoses and loading arms.
(D) Loading.
(E) Ballasting and de-ballasting.
(F) Discharging.
(G) Tank-gauging (open and closed).
(vii) Rules of the Coast Guard governing operations in general and prevention of pollution in particular.
(viii) Prevention and control of pollution.
(ix) Emergency procedures.
(x) Safety precautions relative to:
(A) Entering cargo tanks and pump
room.
(B) Dangers of contact with skin.
(C) Inhalation of vapors.
(D) Protective clothing and equipment.
(E) Hot work.
(F) Precautions respecting electrical
hazards, including hazards of static
electricity.
(xi) General principles and procedures of Crude-Oil Washing (COW) Systems and inert-gas systems.
(xii) Tank-cleaning procedures and
precautions.
(xiii) Principles and procedures of
vapor-control systems.
(xiv) Cargo-hazard-information systems.
(2) To ensure adequate coverage of
the required subjects, training may
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Coast Guard, DHS
§ 13.121
employ classroom instruction, demonstrations, or simulated or actual operations. The curricula of courses for
Familiarization with LG Tankships
must consist of the following:
(i) General characteristics, compatibility, reaction, firefighting, and safety precautions for cargoes defined as
LG in this part.
(ii) Terminology of tankships carrying LG.
(iii) Physical properties of LG.
(iv) Potential hazards and safety precautions of LG:
(A) Combustion characteristics.
(B) Hot work.
(C) Results of release of LG to the atmosphere.
(D) Health hazards (skin contact, inhalation, and ingestion).
(E) Protective clothing and equipment.
(F) Tank-entry procedures and precautions.
(G) Thermal stresses.
(H) Precautions respecting electrical
hazards, including hazards of static
electricity.
(v) Cargo-containment systems.
(vi) General arrangement and construction of cargo tanks.
(vii)
Cargo-piping
systems
and
valves.
(viii) Instrumentation:
(A) Cargo-level indicators.
(B) Gas-detecting systems.
(C) Systems for monitoring temperatures of hulls and cargoes.
(D) Automatic shut-down systems.
(ix) Heating systems for cofferdams
and ballast tanks.
(x) General discussion of the following operations connected with the
loading and discharging of cargo:
(A) Pre-transfer inspection and conference and Declaration of Inspection.
(B) Lining up of the cargo and vaporcontrol systems and starting of liquid
flow.
(C) Connecting and disconnecting of
cargo hoses and loading arms.
(D) Loading.
(E) Ballasting and de-ballasting.
(F) Discharging.
(xi) Disposal of boil-off.
(xii) Emergency procedures.
(xiii) Rules of the Coast Guard governing operations in general and prevention of pollution in particular.
(xiv) Principles and procedures of
IGSs.
(xv) Tank-cleaning procedures and
precautions.
(xvi) Principles and procedures of
vapor-control systems.
(xvii) Cargo-hazard-information systems.
(i) A company that offers approved
DL training for its employees shall ensure discussion of the following topics
(further discussed in STCW Regulation
V, Section A-V/1, paragraphs 9 through
21):
(1) Treaties and rules.
(2) Design and equipment.
(3) Cargo characteristics.
(4) Ship operations.
(5) Repair and maintenance.
(6) Emergency procedures.
(j) A company that offers approved
LG training for its employees shall ensure discussion of the following topics
(further discussed in STCW Regulation
V, Section A-V/1, paragraphs 22
through 34):
(1) Treaties and rules.
(2) Chemistry and physics.
(3) Health hazards.
(4) Cargo containment.
(5) Pollution.
(6) Cargo-handling systems.
(7) Ship operations.
(8) Safety practices and equipment.
(9) Emergency procedures.
(10) General principles of cargo operations.
TABLE 13.121(f)
Course topics
General characteristics, compatibility, reaction, firefighting procedures, and safety precautions
for the cargoes of:
Bulk liquids defined as Dangerous Liquids in 46 CFR Part 13 .....................................
Bulk liquefied gases & their vapors defined as Liquefied Gases in 46 CFR Part 13 ....
Physical phenomena of liquefied gas, including:
Basic concept .................................................................................................................
Compression and expansion ..........................................................................................
Mechanism of heat transfer ............................................................................................
1
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§ 13.121
46 CFR Ch. I (10–1–11 Edition)
TABLE 13.121(f)—Continued
Course topics
1
Potential hazards of liquefied gas, including:
Chemical and physical properties ..................................................................................
Combustion characteristics .............................................................................................
Results of gas release to the atmosphere .....................................................................
Health hazards (skin contact, inhalation, and ingestion) ...............................................
Control of flammability range with inert gas ...................................................................
Thermal stress in structure and piping of vessel ...........................................................
Cargo systems, including:
Principles of containment systems .................................................................................
Construction, materials, coating, & insulation of cargo tanks ........................................
General arrangement of cargo tanks .............................................................................
Venting and vapor-control systems ................................................................................
Cargo-handling systems, including:
Piping systems, valves, pumps, and expansion systems ..............................................
Operating characteristics ................................................................................................
Instrumentation systems, including:
Cargo-level indicators .....................................................................................................
Gas-detecting systems ...................................................................................................
Temperature-monitoring systems, cargo ........................................................................
Temperature-monitoring systems, hull ...........................................................................
Automatic-shutdown systems .........................................................................................
Auxiliary systems, including:
Ventilation, inerting .........................................................................................................
Valves, including:
Quick-closing ....................................................................................................
Remote-control .................................................................................................
Pneumatic .........................................................................................................
Excess-flow ......................................................................................................
Safety-relief ......................................................................................................
Pressure-vacuum .............................................................................................
Heating-systems: cofferdams & ballast tanks ................................................................
Operations connected with the loading and discharging of cargo, including:
Lining up the cargo and vapor-control systems .............................................................
Pre-transfer inspections and completion of the Declaration of Inspection ....................
Hooking up of cargo hose, loading arms, and grounding-strap .....................................
Starting of liquid flow ......................................................................................................
Calculation of loading rates ............................................................................................
Discussion of loading ......................................................................................................
Ballasting and deballasting .............................................................................................
Topping off of the cargo tanks .......................................................................................
Discussion of discharging ...............................................................................................
Stripping of the cargo tanks ...........................................................................................
Monitoring of transfers ....................................................................................................
Gauging of cargo tanks ..................................................................................................
Disconnecting of cargo hoses or loading arms ..............................................................
Cargo-tank-cleaning procedures and precautions .........................................................
Operating procedures and sequence for:
Inerting of cargo tanks and void spaces ........................................................................
Cooldown and warmup of cargo tanks ...........................................................................
Gas-freeing .....................................................................................................................
Loaded or ballasted voyages .........................................................................................
Testing of cargo-tank atmospheres for oxygen & cargo vapor ......................................
Stability and stress considerations connected with loading and discharging of cargo ................
Loadline, draft, and trim ................................................................................................................
Disposal of boil-off, including:
System design ................................................................................................................
Safety features ................................................................................................................
Stability-letter requirements ..........................................................................................................
Emergency procedures, including notice to appropriate authorities, for:
Fire ..................................................................................................................................
Collision ..........................................................................................................................
Grounding .......................................................................................................................
Equipment failure ............................................................................................................
Leaks and spills ..............................................................................................................
Structural failure ..............................................................................................................
Emergency discharge of cargo .......................................................................................
Entering cargo tanks .......................................................................................................
Emergency shutdown of cargo-handling ........................................................................
Emergency systems for closing cargo tanks ..................................................................
Rules & regulations (international and Federal, for all tank vessels) on conducting operations
and preventing pollution ............................................................................................................
Pollution prevention, including:
Procedures to prevent air and water pollution ...............................................................
2
3
4
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Coast Guard, DHS
§ 13.121
TABLE 13.121(f)—Continued
Course topics
1
2
3
4
Measures to take in event of spillage ............................................................................
Danger from drift of vapor cloud ....................................................................................
Terminology for tankships carrying oil and chemicals ..................................................................
Terminology for tank barges carrying oil and chemicals ..............................................................
Terminology for tankships carrying liquefied gases .....................................................................
Terminology for tank barges carrying liquefied gases ..................................................................
Principles & procedures of crude-oil-washing (COW) systems, including:
Purpose ...........................................................................................................................
Equipment and design ....................................................................................................
Operations ......................................................................................................................
Safety precautions ..........................................................................................................
Maintenance of plant and equipment .............................................................................
Principles & procedures of the inert-gas systems (IGSs), including:
Purpose ...........................................................................................................................
Equipment and design ....................................................................................................
Operations ......................................................................................................................
Safety precautions ..........................................................................................................
Maintenance of plant and equipment .............................................................................
Principles & procedures of vapor-control systems, including:
Purpose ...........................................................................................................................
Principles ........................................................................................................................
Coast Guard regulations .................................................................................................
Hazards ...........................................................................................................................
Active system components .............................................................................................
Passive system components ..........................................................................................
Operating procedures, including:
Testing and inspection requirements .............................................................................
Pre-transfer procedures ..................................................................................................
Connecting sequence .....................................................................................................
Start-up sequence ..........................................................................................................
Normal operations ..........................................................................................................
Emergency procedures .................................................................................................................
Cargo-hazard-information systems ...............................................................................................
Safe entry into confined spaces, including:
Testing tank atmospheres for oxygen & hydrocarbon vapors .......................................
Definition and hazards of confined spaces ....................................................................
Cargo tanks and pumprooms .........................................................................................
Evaluation and assessment of risks and hazards ..........................................................
Safety precautions and procedures ................................................................................
Personnel protective equipment (PPE) and clothing .....................................................
Maintenance of PPE .......................................................................................................
Dangers of skin contact ..................................................................................................
Inhalation of vapors ........................................................................................................
Electricity and static electricity—hazards and precautions ............................................
Emergency procedures ...................................................................................................
Federal regulations, national standards & industry guidelines ......................................
Inspections by marine chemists & competent persons, including hot-work permits &
procedures ..................................................................................................................
Vessel response plans:
Purpose, content, and location of information ................................................................
Procedures for notice and mitigation of spills ................................................................
Geographic-specific appendices .....................................................................................
Vessel-specific appendices ............................................................................................
Emergency-action checklist ............................................................................................
x
x
x
x
x
x
x
x
x
Column
Column
Column
Column
1—Tankerman-PIC
2—Tankerman-PIC
3—Tankerman-PIC
4—Tankerman-PIC
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1
2
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..........
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..........
DL.
(Barge) DL.
LG.
(Barge) LG.
TABLE 13.121(g)
Course topics
Elements of fire (Fire triangle):
Fuel ...............................................................................................................................................
Source of ignition ..........................................................................................................................
Oxygen .........................................................................................................................................
Ignition sources (general):
Chemical .......................................................................................................................................
Biological ......................................................................................................................................
Physical ........................................................................................................................................
Ignition sources applicable to barges .........................................................................................................
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§ 13.121
46 CFR Ch. I (10–1–11 Edition)
TABLE 13.121(g)—Continued
Course topics
Definitions of flammability and combustibility:
Flammability ..................................................................................................................................
Ignition point .................................................................................................................................
Burning temperature .....................................................................................................................
Burning speed ..............................................................................................................................
Thermal value ...............................................................................................................................
Lower flammable limit ...................................................................................................................
Upper flammable limit ...................................................................................................................
Flammable range ..........................................................................................................................
Inerting ..........................................................................................................................................
Static electricity .............................................................................................................................
Flash point ....................................................................................................................................
Auto-ignition ..................................................................................................................................
Spread of fire:
By radiation ...................................................................................................................................
By convection ...............................................................................................................................
By conduction ...............................................................................................................................
Reactivity .....................................................................................................................................................
Fire classifications and applicable extinguishing agents ............................................................................
Main causes of fires:
Oil leakage ....................................................................................................................................
Smoking ........................................................................................................................................
Overheating pumps ......................................................................................................................
Galley appliances .........................................................................................................................
Spontaneous ignition ....................................................................................................................
Hot work .......................................................................................................................................
Electrical apparatus ......................................................................................................................
Reaction, self-heating, and auto-ignition ......................................................................................
Fire prevention:
General .........................................................................................................................................
Fire hazards of DL and LG ..........................................................................................................
Fire detection:
Fire- and smoke-detection systems .............................................................................................
Automatic fire alarms ....................................................................................................................
Firefighting equipment:
Fire mains, hydrants .....................................................................................................................
International shore-connection .....................................................................................................
Smothering-installations, carbon dioxide (CO2), foam... ..............................................................
Halogenated hydrocarbons ..........................................................................................................
Pressure-water spray system in special-category spaces ...........................................................
Automatic sprinkler system ..........................................................................................................
Emergency fire pump, emergency generator ...............................................................................
Chemical-powder applicants ........................................................................................................
General outline of required and mobile apparatus ......................................................................
Fireman’s outfit, personal equipment ...........................................................................................
Breathing apparatus .....................................................................................................................
Resuscitation apparatus ...............................................................................................................
Smoke helmet or mask ................................................................................................................
Fireproof life-line and harness ......................................................................................................
Fire hose, nozzles, connections, and fire axes ............................................................................
Fire blankets .................................................................................................................................
Portable fire extinguishers ............................................................................................................
Limitations of portable and semiportable extinguishers ...............................................................
Emergency procedures:
Arrangements:
Escape routes ...............................................................................................................................
Means of gas-freeing tanks ..........................................................................................................
Class A, B, and C divisions ..........................................................................................................
Inert-gas system ...........................................................................................................................
Ship firefighting organization:
General alarms .............................................................................................................................
Fire-control plans, muster stations, and duties ............................................................................
Communications ...........................................................................................................................
Periodic shipboard drills ...............................................................................................................
Patrol system ................................................................................................................................
Basic firefighting techniques:
Sounding alarm ............................................................................................................................
Locating and isolating fires ...........................................................................................................
Stopping leakage of cargo ...........................................................................................................
Jettisoning .....................................................................................................................................
Inhibiting .......................................................................................................................................
Cooling ..........................................................................................................................................
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§ 13.127
TABLE 13.121(g)—Continued
Course topics
1
2
Smothering ...................................................................................................................................
Sizing up situation ........................................................................................................................
Locating information on cargo ......................................................................................................
Extinguishing ................................................................................................................................
Extinguishing with portable units ..................................................................................................
Setting reflash watch ....................................................................................................................
Using additional personnel ...........................................................................................................
Firefighting extinguishing-agents:
Water (solid jet, spray, fog, and flooding) ....................................................................................
Foam (high, medium and low expansion) ....................................................................................
Carbon dioxide (CO2) ...................................................................................................................
Halon ............................................................................................................................................
Aqueous-film-forming foam (AFFF) ..............................................................................................
Dry chemicals ...............................................................................................................................
Use of extinguisher on:
Flammable and combustible liquids .............................................................................................
Manifold-flange fire .......................................................................................................................
Drip-pan fire ..................................................................................................................................
Pump fire ......................................................................................................................................
Drills for typical fires on barges ..................................................................................................................
Field exercises:
Extinguish small fires using portable extinguishers:
Electrical .......................................................................................................................................
Manifold-flange .............................................................................................................................
Drip-pan ........................................................................................................................................
Pump ............................................................................................................................................
Use self-contained breathing apparatus .....................................................................................................
Extinguish extensive fires with water ..........................................................................................................
Extinguish fires with foam, or chemical ......................................................................................................
Fight fire in smoke-filled enclosed space wearing SCBA ..........................................................................
Extinguish fire with water fog in an enclosed space with heavy smoke ....................................................
Extinguish oil fire with fog applicator and spray nozzles, dry-chemical, or foam applicators ....................
Effect a rescue in a smoke-filled space while wearing breathing apparatus .............................................
..........
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(1) Course in tank-barge firefighting.
(2) From the basic firefighting section of the IMO’s Resolution A.437 (XI), ‘‘Training of Crews in Fire Fighting’’.
[CGD 79–116, 60 FR 17142, Apr. 4, 1995, as amended by CGD 79–116, 62 FR 25130, 25131, 25133, May
8, 1997; USCG–2006–24371, 74 FR 11259, Mar. 16, 2009]
§ 13.123 Recency of service or experience for original tankerman endorsement.
An
applicant
for
an
original
tankerman endorsement in subpart B,
C, D, or E of this part shall have obtained at least 25% of the qualifying
service and, if the endorsement requires transfers, at least two of the
qualifying transfers, within five years
of the date of application.
§ 13.125 Physical and medical requirements.
Each applicant for an original
tankerman endorsement shall meet the
physical requirements of § 10.215 of this
chapter, excluding paragraph (d)(2) of
that section.
[CGD 79–116, 60 FR 17142, Apr. 4, 1995, as
amended by USCG–2006–24371, 74 FR 11259,
Mar. 16, 2009]
§ 13.127
Service: General.
(a) A service letter must be signed by
the owner, operator, master, or chief
engineer of the vessel and must specify—
(1) The classification of cargo (DL,
LG, or, for a restricted endorsement, a
specific product) handled while the applicant accumulated the service;
(2) The dates, the number and kinds
of transfers the applicant has participated in, and the number of transfers
that involved commencement or completion; and
(3) That the applicant has demonstrated to the satisfaction of the
signer that he or she is fully capable of
supervising transfers of liquid cargo,
including
(i) Pre-transfer inspection;
(ii) Pre-transfer conference and execution of the Declaration of Inspection;
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§ 13.129
46 CFR Ch. I (10–1–11 Edition)
(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.
(b) In determining the numbers and
kinds of transfers that the applicant
has participated in under paragraph
(a)(2) of this section, the following
rules apply:
(1) A transfer must involve the loading or discharge from at least one of
the vessel’s cargo tanks to or from a
shore facility or another vessel. A shift
of cargo from one tank to another tank
is not a transfer for this purpose.
(2) Regardless of how long the transfer lasts beyond four hours, it counts as
only one transfer.
(3) A transfer must include both a
commencement and a completion.
(4) Regardless of how many tanks or
products are being loaded or discharged
at the same time, a person may receive
credit for only one transfer, one loading, and one discharge a watch.
(5) Credit for a transfer during a
watch of less than four hours accrues
only if the watch includes either the
connection and the commencement of
§ 13.129
transfer or the completion of transfer
and the disconnection.
(6) Credit for a commencement of
loading accrues only if the applicant
participates in the pre-transfer inspection, the pre-transfer conference including execution of the Declaration of
Inspection, the connection of cargo
hoses or loading-arms, the line-up of
the cargo system for the loading, the
start of liquid flow, and the calculation
of loading-rates, where applicable.
(7) Credit for a commencement of discharge accrues only if the applicant
participates in the pre-transfer inspection, the pre-transfer conference including execution of the Declaration of
Inspection, the connection of cargo
hoses or loading-arms, the line-up of
the cargo system for the discharge, the
start of the cargo pump or pumps and
increase of pressure to normal pressure
for discharge, and the monitoring of
discharge rates.
(8) Credit for a completion of transfer, whether loading or discharge, accrues only if the applicant participates
in the topping-off at the loading port,
or in the stripping of cargo tanks and
the commencement of ballasting, if required by the vessel’s transfer procedures, at the discharge port.
(9) Personnel desiring credit for
transfers during off-duty hours may
satisfy requirements of competence
through incremental training periods
that include segments of transfers. The
cumulative number of transfers must
equal the minimum specified in
§ 13.203(b) or 13.303(b).
[CGD 79–116, 60 FR 17142, Apr. 4, 1995, as
amended by CGD 79–116, 62 FR 25133, May 8,
1997]
Quick-reference table for tankerman endorsements.
Table 13.129 provides a guide to the requirements for various tankerman endorsements. Provisions in the reference sections are controlling.
TABLE 13.129
Category
Minimum
age
Physical
required
TankermanPIC Subpart
B.
18; 13.201(a) ...
Yes; 10.215
Recency
of service
Service
13.203
13.123
Proof of
of service
13.205
Certificate
from firefighting
course
13.207
Cargo
course
13.207
13.209
English
language
13.201(g)
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§ 13.203
TABLE 13.129—Continued
Certificate
from firefighting
course
13.207
Cargo
course
13.305
13.307
13.309
13.301(g)
13.123
13.405
13.407
13.409
13.401(f)
13.503
13.123
13.505
13.507
13.509
13.501(g)
Yes; 10.215
13.111(b)
13.111(b)
13.111(b)
13.111(b)
No
13.111(b)
18; 13.111(c) ...
Yes; 10.215
13.111(c)
13.111(c)
13.111(c)
13.111(c)
No
13.111(c)
18; 13.111(d)(1)
Yes; 10.215
13.111(d)(4)
No
13.111(d)(4)
No
No
13.111(d)(5)
Category
Minimum
age
Physical
required
Recency
of service
TankermanPIC (Barge)
Subpart C.
TankermanAssistant
Subpart D.
TankermanEngineer
Subpart E.
Restricted
TankermanPIC.
Restricted
TankermanPIC (Barge).
Restricted
TankermanPIC (Barge),
Facility.
18; 13.301(a) ...
Yes; 10.215
13.303
13.123
18; 13.401(a) ...
Yes; 10.215
13.403
18; 13.501(a) ...
Yes; 10.215
18; 13.111(b) ...
Service
Proof of
of service
English
language
[CGD 79–116, 60 FR 17142, Apr. 4, 1995, as amended by CGD 79–116, 62 FR 25133, May 8, 1997;
USCG–2006–24371, 74 FR 11259, Mar. 16, 2009]
Subpart B—Requirements for
‘‘Tankerman-PIC’’ Endorsement
§ 13.201 Original
application
for
‘‘Tankerman-PIC’’ endorsement.
Each applicant for an original
‘‘Tankerman-PIC’’ endorsement shall—
(a) Be at least 18 years old;
(b) Apply on a Coast Guard form;
(c) Present evidence of passing a
physical and medical examination in
accordance with § 13.125;
(d) Present evidence of service on
tankships according to § 10.215 of this
chapter;
(e) Meet the requirement of a course
on firefighting in § 13.207;
(f) Meet the requirement of a course
in DL or LG appropriate for the endorsement applied for in § 13.209; and
(g) Be capable of speaking and understanding, in English, all instructions
needed to commence, conduct, and
complete a transfer of cargo, and be capable of reading the English found in
the Declaration of Inspection, vessel
response plans, and Cargo Information
Cards.
[CGD 79–116, 60 FR 17142, Apr. 4, 1995, as
amended by USCG–2006–24371, 74 FR 11259,
Mar. 16, 2009]
§ 13.203 Eligibility: Experience.
Each applicant for a ‘‘TankermanPIC’’ endorsement for DL or LG shall
meet the requirements of either paragraphs (a) and (b) or paragraph (c) of
this section.
(a) Each applicant shall present evidence of—
(1) At least 90 days of service as a
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 selfpropelled tank vessels certified to
carry DL or LG appropriate to the endorsement applied for; or
(3) A combination of the service in
paragraphs (a) (1) and (2) of this section.
(b) Each applicant shall present evidence of participation, under the supervision of a ‘‘Tankerman-PIC,’’ in at
least 10 transfers of liquid cargo in
bulk of the classification desired on
tankships or self-propelled tank vessels, including at least—
(1) Five loadings and five discharges;
(2) Two commencements of loading
and two completions of loading; and
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§ 13.205
46 CFR Ch. I (10–1–11 Edition)
(3) Two commencements of discharge
and two completions of discharge.
(c) Each applicant already holding an
MMD or MMC endorsed ‘‘TankermanPIC’’ for DL and seeking an endorsement for LG, or the converse, shall—
(1) Provide evidence of at least half
the service required by paragraph (a) of
this section; and
(2) Comply with paragraph (b) of this
section, except that he or she need provide evidence of only three loadings
and three discharges along with evidence of compliance with paragraphs
(b)(2) and (3) of this section.
[CGD 79–116, 60 FR 17142, Apr. 4, 1995, as
amended by CGD 79–116, 62 FR 25134, May 8,
1997; USCG–2006–24371, 74 FR 11259, Mar. 16,
2009]
§ 13.205 Proof
of
service
for
‘‘Tankerman-PIC’’ endorsement.
Service must be proved by a letter on
company letterhead from the owner,
operator, or master of the vessel on
which the applicant obtained the service. The letter must contain the information described in § 13.127(a).
§ 13.207 Eligibility:
course.
Firefighting
Each applicant for an original
‘‘Tankerman-PIC’’ endorsement shall
present a certificate of successful completion from a course in shipboard firefighting, approved by the Commandant
and meeting the basic firefighting section of the IMO’s Resolution A.437 (XI),
‘‘Training of Crews in Fire Fighting’’,
completed within five years of the date
of application for the endorsement, unless he or she has previously submitted
such a certificate for a license,
tankerman endorsement, or officer endorsement on an MMC.
[CGD 79–116, 60 FR 17142, Apr. 4, 1995, as
amended by USCG–2006–24371, 74 FR 11260,
Mar. 16, 2009]
§ 13.209
Eligibility: Cargo course.
Each applicant for an original
‘‘Tankerman-PIC’’ endorsement shall
present a certificate of completion
from a course in DL or LG appropriate
for tankships and for the endorsement
applied for, and approved by the Commandant. The date of the certificate
may not be more than 5 years earlier
than the date of application.
[CGD 79–116, 62 FR 25134, May 8, 1997]
Subpart
C—Requirements
for
‘‘Tankerman-PIC (Barge)’’ Endorsement
§ 13.301 Original
application
for
‘‘Tankerman-PIC (Barge)’’ endorsement.
Each applicant for a ‘‘TankermanPIC (Barge)’’ endorsement shall—
(a) Be at least 18 years old;
(b) Apply on a Coast Guard form;
(c) Present evidence of passing a
physical and medical examination according to § 10.215 of this chapter;
(d) Present evidence of service on
tank vessels in accordance with § 13.303;
(e) Meet the requirement of a firefighting course in § 13.307;
(f) Meet the requirement of a course
in DL or LG appropriate for the endorsement applied for in § 13.309; and
(g) Be capable of speaking, and understanding, in English, all instructions needed to commence, conduct,
and complete a transfer of cargo, and
be capable of reading the English found
in the Declaration of Inspection, vessel
response plans, and Cargo Information
Cards.
[CGD 79–116, 60 FR 17142, Apr. 4, 1995, as
amended by USCG–2006–24371, 74 FR 11260,
Mar. 16, 2009]
§ 13.303 Eligibility: Experience.
Each applicant for a ‘‘TankermanPIC (Barge)’’ endorsement for DL or
LG shall meet the requirements of either paragraphs (a) and (b) or paragraph (c) of this section.
(a) Each applicant shall present evidence of—
(1) At least 60 days of service, whether by shore-based or by vessel-based
personnel, on one or more tank vessels
certified to carry DL or LG appropriate
to the endorsement applied for; or
(2) At least 6 months of closely related service directly involved with
tank barges appropriate to the endorsement applied for; and
(b) Participation, under the supervision of a ‘‘Tankerman-PIC’’ or
‘‘Tankerman-PIC (Barge),’’ in at least
10 transfers of liquid cargo in bulk of
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Coast Guard, DHS
§ 13.403
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 ‘‘TankermanPIC (Barge)’’ for DL and seeking an endorsement for LG, or the converse,
shall—
(1) Provide evidence of at least half
the service required by paragraph (a) of
this section; and
(2) Comply with paragraph (b) of this
section, except that he or she need provide evidence of only three loadings
and three discharges along with evidence of compliance with paragraphs
(b)(2) and (3) of this section.
(b) A course in tank-barge firefighting, approved by the Commandant
and meeting § 13.121, completed within
five years of the date of application for
the endorsement.
[CGD 79–116, 60 FR 17142, Apr. 4, 1995, as
amended by CGD 79–116, 62 FR 25134, May 8,
1997; USCG–2006–24371, 74 FR 11260, Mar. 16,
2009]
[CGD 79–116, 62 FR 25134, May 8, 1997]
§ 13.305 Proof
of
service
for
‘‘Tankerman-PIC (Barge)’’ endorsement.
Service must be proved by a letter on
company letterhead from the owner or
operator of a terminal; the owner or
operator of a tank barge; the owner,
operator, or master of a tank vessel; or
the
employer
of
shore-based
tankermen. The letter must contain
the information required by § 13.127(a),
excluding paragraph (a)(3)(vii).
[CGD 79–116, 62 FR 25134, May 8, 1997]
§ 13.307 Eligibility:
course.
Firefighting
Each applicant for a ‘‘TankermanPIC
(Barge)’’
endorsement
shall
present a certificate of successful completion from—
(a) A course in shipboard firefighting,
approved by the Commandant and
meeting the basic firefighting section
of the IMO’s Resolution A.437(XI),
‘‘Training of Crews in Firefighting,’’
completed 5 years or less before the
date of application for the endorsement, unless he or she has previously
submitted such a certificate for a license, tankerman endorsement on an
MMD or MMC, or an officer endorsement on an MMC; or
[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]
§ 13.309
Eligibility: Cargo course.
Each applicant for an original
‘‘Tankerman-PIC (Barge)’’ endorsement shall present a certificate of completion from a course in DL or LG appropriate for tank barges and for
Tankerman-PIC or Tankerman-PIC
(Barge), and approved by the Commandant. The date of the certificate
may not be more than 5 years earlier
than the date of application.
Subpart
D—Requirements
‘‘Tankerman-Assistant’’
dorsement
§ 13.401 Original
application
for
‘‘Tankerman-Assistant’’
endorsement.
Each applicant for a ‘‘Tankerman-Assistant’’ endorsement shall—
(a) Be at least 18 years old;
(b) Apply on a Coast Guard form;
(c) Present evidence of passing a
physical and medical examination according to § 10.215 of this chapter;
(d) Meet the requirement of a firefighting course in § 13.407;
(e) (1) Meet the requirement of a
course in DL or LG appropriate for the
endorsement applied for in § 13.409; or
(2) Present evidence of service on
tankships or self-propelled tank vessels
in accordance with § 13.403; and
(f) Be capable of speaking and understanding, in English, all instructions
needed to commence, conduct, and
complete a transfer of cargo.
[CGD 79–116, 60 FR 17142, Apr. 4, 1995, as
amended by CGD 79–116, 62 FR 25134, May 8,
1997; USCG–2006–24371, 74 FR 11260, Mar. 16,
2009]
§ 13.403
Eligibility: Experience.
(a) Each applicant for a ‘‘TankermanAssistant’’ endorsement shall present—
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§ 13.405
46 CFR Ch. I (10–1–11 Edition)
(1) Evidence of at least 90 days of
deck service on tankships or self-propelled tank vessels certified to carry
DL or LG appropriate to the endorsement applied for; or
(2) A certificate of completion from a
course in DL or LG appropriate for the
endorsement applied for as prescribed
in § 13.409.
(b) Each applicant already holding an
MMD or MMC endorsed ‘‘TankermanAssistant’’ for DL and seeking one for
LG, or the converse, shall—
(1) Provide evidence of at least half
the service required in paragraph (a)(1)
of this section; or
(2) Meet the requirement of a course
in DL or LG appropriate for the endorsement applied for as prescribed in
§ 13.409.
[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]
§ 13.405 Proof
of
service
for
‘‘Tankerman-Assistant’’
endorsement.
(a) Service must be proved by a letter
on company letterhead from the owner,
operator, or master of a tankship or
self-propelled tank vessel. The letter
must specify—
(1) The classification of cargo (DL or
LG) carried while the applicant accumulated the service;
(2) The number of days of deck service the applicant accumulated on the
tankship or self-propelled tank vessel;
and
(3) That the applicant has demonstrated an understanding of cargo
transfer and a sense of responsibility
that, in the opinion of the signer, will
allow the applicant to safely carry out
duties respecting cargo transfer and
transfer equipment assigned by the PIC
of the transfer without direct supervision by the PIC; or
(b) Service must be proved by—
(1) Certificates of Discharge from
tankships with the appropriate classification of cargo (DL, LG, or both); and
(2) A letter on company letterhead
from the owner, operator, or master of
one of the tankships or self-propelled
tank vessel stating that he or she has
demonstrated—
(i) An understanding of cargo transfer; and
(ii) A sense of responsibility that, in
the opinion of the signer, will allow
him or her to safely carry out duties
respecting cargo and its equipment assigned by the PIC of the transfer without direct supervision by the PIC.
[CGD 79–116, 60 FR 17142, Apr. 4, 1995, as
amended by CGD 79–116, 62 FR 25134, May 8,
1997]
§ 13.407 Eligibility:
Firefighting
course.
Each applicant for a ‘‘Tankerman-Assistant’’ endorsement shall present a
certificate of successful completion
from a course in shipboard firefighting,
approved by the Commandant and
meeting the basic firefighting section
of the IMO’s Resolution A.437 (XI),
‘‘Training of Crews in Fire Fighting’’,
completed within five years of the date
of application for the endorsement, unless he or she has previously submitted
such a certificate from one of these
courses to the Coast Guard for any
other endorsement or credential.
[CGD 79–116, 60 FR 17142, Apr. 4, 1995, as
amended by USCG–2006–24371, 74 FR 11260,
Mar. 16, 2009]
§ 13.409 Eligibility: Cargo course.
Each applicant for an original
‘‘Tankerman-Assistant’’ endorsement
who has not presented the required
service on tankships or self-propelled
tank vessels shall present a certificate
of completion from a course for Familiarization with DL or LG Tankships or
from a tanker-familiarization course
appropriate to the endorsement applied
for, and approved by the Commandant.
The date of the certificate may not be
more than 5 years earlier than the date
of application.
[CGD 79–116, 62 FR 25134, May 8, 1997]
Subpart
E—Requirements
‘‘Tankerman-Engineer’’
dorsement
§ 13.501 Original
application
for
‘‘Tankerman-Engineer’’
endorsement.
Each applicant for a ‘‘TankermanEngineer’’ endorsement shall—
(a) Be at least 18 years old;
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Coast Guard, DHS
Pt. 14
(b) Apply on a Coast Guard form;
(c) Present evidence of passing a
physical and medical examination according to § 10.215 of this chapter;
(d) Present evidence of service on
tankships and self-propelled tank vessels in accordance with § 13.503;
(e) Meet the requirement of a firefighting course in § 13.507;
(f) Meet the requirement of a course
in DL or LG appropriate for the endorsement applied for in § 13.509; and
(g) Be capable of speaking and understanding, in English, all instructions
needed to commence, conduct, and
complete a transfer of cargo.
[CGD 79–116, 60 FR 17142, Apr. 4, 1995, as
amended by CGD 79–116, 62 FR 25134, May 8,
1997; USCG–2006–24371, 74 FR 11260, Mar. 16,
2009]
§ 13.503
Eligibility: Experience.
(a) Each applicant for a ‘‘TankermanEngineer’’ endorsement shall 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 TankermanEngineer for DL and seeking one for
LG, or the converse, shall prove at
least half the service required by paragraph (a) of this section.
[CGD 79–116, 60 FR 17142, Apr. 4, 1995, as
amended by CGD 79–116, 62 FR 25134, May 8,
1997; USCG–2006–24371, 74 FR 11260, Mar. 16,
2009]
§ 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]
§ 13.507 Eligibility:
Firefighting
course.
Each applicant for a ‘‘TankermanEngineer’’ endorsement shall present a
certificate of successful completion
from a course in shipboard firefighting,
approved by the Commandant and
meeting the basic firefighting section
of the IMO’s Resolution A.437 (XI),
‘‘Training of Crews in Fire Fighting’’,
completed within five years of the date
of application for the endorsement, unless he or she has previously submitted
such a certificateto the Coast Guard
for any other endorsement or credential.
[CGD 79–116, 60 FR 17142, Apr. 4, 1995, as
amended by USCG–2006–24371, 74 FR 11260,
Mar. 16, 2009]
§ 13.509 Eligibility: Cargo course.
Each applicant for an original
‘‘Tankerman-Engineer’’
endorsement
shall present a certificate of completion from a course in DL or LG, appropriate for tankships and the endorsement applied for, approved by the Commandant. The date of the certificate
may not be more than 5 years earlier
than the date of application.
[CGD 79–116, 62 FR 25135, May 8, 1997]
PART 14—SHIPMENT AND DISCHARGE OF MERCHANT MARINERS
Subpart A—General
Sec.
14.101
14.103
14.105
Purpose of part.
Addresses of Coast Guard.
Disclosure and privacy.
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§ 14.101
46 CFR Ch. I (10–1–11 Edition)
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
14.403
14.405
14.407
General.
Exemptions.
Procedures.
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
§ 14.101
Purpose of part.
This part prescribes rules for the
shipment and discharge of merchant
mariners aboard certain vessels of the
United States.
§ 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]
§ 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
§ 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 shall execute shipping articles however prepared, manually or electronically. The
master or individual in charge and
each mariner engaged or replaced shall
sign the articles.
(b) Except as provided by § 14.203, articles are required upon each voyage by
a vessel of the United States—
(1) Of 100 gross tons or more, on a foreign voyage, which is a voyage from a
port in the United States to any foreign port other than a port in—
(i) Canada;
(ii) Mexico; or
(iii) The West Indies.
(2) Of 75 gross tons or more on a voyage between a port of the United States
on the Atlantic Ocean and a port of the
United States on the Pacific Coast; or
(3) Of 50 gross tons or more on a voyage between a port in one State and a
port in another State other than an adjoining State.
§ 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
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Coast Guard, DHS
§ 14.213
(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.
§ 14.205 Production of credentials by
merchant mariner signing shipping
articles.
On engagement for a voyage upon
which shipping articles are required,
each merchant mariner shall present to
the master or individual in charge of
the vessel every document, certificate,
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]
§ 14.207 Content and form of shipping
articles.
(a)(1) The content and form of shipping articles for each vessel of the
United States of 100 gross tons or more
upon a foreign or intercoastal voyage
must conform to the present shipping
articles, form CG-705A, which meets
the requirements of 46 U.S.C. 10302,
10303, 10304, and 10305. The articles
must identify the nature of the voyage
and specify at least the name, the license, MMD, or MMC number, the capacity of service, the time due on board
to begin work, and the name and address of the next of kin of, and the
wages due to each merchant mariner,
either who was discharged or whose
services were otherwise terminated
during the month.
(2) The content and form of articles
for each such vessel upon a coastwise
voyage (including a voyage on the
Great Lakes) must also conform to the
present shipping articles, form CG705A, which meet the requirements of
46 U.S.C. 10502. The articles must specify at least the matter identified by
paragraph (a)(1) of this section, except
that they must not specify the wages
due to the mariner. The wages section
of the form shall be left blank for
coastwise voyages.
(b) Any shipping company that
manually prepares the articles may,
upon request, obtain Shipping Articles,
Form CG-705A, from any Officer in
Charge, Marine Inspection (OCMI), of
the Coast Guard.
(c) Any company that electronically
prepares the articles may, upon request
submitted to either address in § 14.103,
obtain a copy of software developed by
the Coast Guard to produce articles in
the proper format. Alternatively, a
company may develop its own software
or buy it off the shelf; but, in either of
these cases, it must secure approval of
the software from the National Maritime Center at either address in
§ 14.103.
[CGD 94–004, 61 FR 56637, Nov. 4, 1996, as
amended by USCG–2006–24371, 74 FR 11260,
Mar. 16, 2009]
§ 14.209 Preparation of shipping articles at beginning of voyage.
Each master or individual in charge
of a vessel when shipping articles are
required shall prepare an original and
two copies of the articles. The original
and one copy must be signed by the
master or individual in charge and by
each merchant mariner; but the second
copy must not be signed by any of
them.
§ 14.211 Posting of copy of shipping articles.
On commencement of a foreign,
intercoastal, or coastwise voyage (including a voyage on the Great Lakes),
each master or individual in charge of
a vessel when shipping articles are required shall ensure that a legible copy
of the articles, unsigned by the mariner, and without the next of kin information, is posted at a place accessible
to the crew.
§ 14.213 Report of shipment of merchant mariner.
(a) When a vessel of the United
States sails upon a foreign, intercoastal, or coastwise voyage (excluding
a voyage on the Great Lakes), each
master or individual in charge shall, at
the commencement of the voyage, send
one copy of shipping articles, signed by
the master and by each merchant mariner, to the owner, charterer, or managing operator. The master shall keep
the original throughout the voyage and
enter in it all charges made to the crew
during the voyage.
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§ 14.301
46 CFR Ch. I (10–1–11 Edition)
(b) (1) When a vessel of the United
States sails exclusively on the Great
Lakes, each master or individual in
charge shall, at the commencement of
the season, or once the vessel is put
into service, whichever occurs earlier,
send one copy of articles, signed by the
master and by each mariner, to the
owner, charterer, or managing operator.
(2) The master or individual in
charge shall every 60 days send supplementary particulars of engagement
covering each mariner engaged during
this period, signed by the master and
by each mariner, to the owner,
charterer, or managing operator.
(3) The master of individual in charge
shall, at the close of the season, or
once the vessel is withdrawn from service, whichever occurs later, send articles, signed by the master and by each
mariner, to the owner, charterer, or
managing operator.
(c) When a vessel of the United
States sales exclusively on bays or
sounds, each master or individual in
charge shall, at least every 60 days,
send articles, signed by the master and
by each mariner, to the owner, charter,
or managing operator.
(d) Any person who fails to comply
with the requirements of this section is
subject to a civil penalty of $5,000.
Subpart C—Discharge of
Merchant Mariners
§ 14.301 Paying off of merchant mariner during or after voyage upon
which shipping articles are required.
Each master or individual in charge
of a vessel when shipping articles are
required shall complete and sign, and
each merchant mariner paid off during
or after such a voyage shall sign the
articles and otherwise comply with the
requirements of this subpart. When
signed by the master or individual in
charge and by the mariner, the articles
constitute a release from the duties to
which they bound their parties.
§ 14.303 Discharge of merchant mariner in foreign port.
Upon the discharge of any mariner in
a foreign port, the master shall make
the required entries on the ship’s arti-
cles. Upon the request of the master or
a mariner, the consular officer shall
discharge the mariner in accordance
with the requirements of 46 U.S.C.
10318.
§ 14.305 Entries
charge book.
in
continuous
If the merchant mariner holds a continuous discharge book, the master or
individual in charge of the vessel shall
make the proper entries in it.
§ 14.307 Entries on certificate of discharge.
(a) Each master or individual in
charge of a vessel shall, for each merchant mariner being discharged from
the vessel, prepare a certificate of discharge and two copies; whether by
writing or typing them on the prescribed form with permanent ink or
generating them from computer in the
prescribed format; and shall sign them
with permanent ink. The prescribed
format for a certificate of discharge is
the same as the present form CG-718A
(Rev. 3–85). The left portion of the form
has the mariner’s printed name, signature, citizenship, MMD or MMC number; the certification statement, date
and the master’s signature. The right
portion of the form contains the rate/
rank the mariner is serving on the voyage, date and place of shipment, date
and place of discharge, name of the vessel, name of the operating company, official number of the vessel, class of the
vessel, and the nature of the voyage.
(b) Each mariner being discharged
shall sign the certificate and both copies with permanent ink.
(c) When the mariner leaves the vessel, the master or individual in charge
shall give the original certificate to
the mariner.
(d) Except as directed by § 14.313, the
shipping company shall keep both copies of the certificate.
(e) The company shall provide copies
of certificates of discharge to the mariner and the Coast Guard upon request.
[CGD 94–004, 61 FR 56637, Nov. 4, 1996, as
amended by USCG-2002–13058, 67 FR 61278,
Sept. 30, 2002; USCG–2006–24371, 74 FR 11260,
Mar. 16, 2009]
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Coast Guard, DHS
§ 14.403
§ 14.309 Entries in shipping articles at
end of voyage.
(a) At the end of each voyage upon
which shipping articles are required,
the master or individual in charge of
the vessel shall—
(1) Complete the articles, conforming
the pertinent entries in them to those
on the certificate of discharge and its
copies;
(2) Note in the articles the execution
of each Mutual Release;
(3) Attach to the articles each Mutual Release and a copy of each certificate; and
(4) Pay to each merchant mariner all
wages due.
(b) When paid off, each mariner shall
sign the articles.
§ 14.311 Report of discharge of merchant mariner.
(a) At the end of each foreign, intercoastal, and coastwise voyage by a vessel of the United States, or of each voyage by such a vessel that sails exclusively on bays or sounds (or by such a
vessel at the close of the season on the
Great Lakes, or once the vessel is withdrawn from service there, whichever
occurs later), the shipping company
shall electronically transmit the data
from the certificates of discharge to an
electronic address which the shipping
company may request from the National Maritime Center.
(b) If the data is submitted manually,
the shipping companies shall provide
the data for foreign and intercoastal
voyages at the end of each voyage. For
coastwise voyages or of each voyage by
such a vessel that sails exclusively on
bays or sounds (or by such a vessel at
the close of the season of the Great
Lakes, or once the vessel is withdrawn
from service there, whichever occurs
later), the shipping companies shall
submit a copy of each certificate of discharge to the address in § 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]
§ 14.313 Storage of shipping articles
and of certificates of discharge.
(a) Each shipping company shall keep
all original shipping articles and copies
of all certificates of discharge for 3
years. After 3 years the shipping companies shall prepare the original shipping articles in alphabetical order by
vessel name and send to the address in
§ 14.103(a) for storage at the Federal
Records Center at Suitland, Maryland.
The company may dispose of the copies
of certificates of discharge. The Coast
Guard will dispose of copies of certificates submitted manually, once the
data are entered into its sea-service
database and are validated.
(b) Each shipping company that goes
out of business or merges with another
company shall send all original articles
to the address in § 14.103(a) within 30
days of the transaction.
(c) The shipping company must provide copies of shipping articles and certificates of discharge to the mariner
and the Coast Guard upon request.
Subpart D—Oceanographic
Research Vessels
§ 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.
§ 14.403
Exemptions.
(a) Certain requirements of Title 46,
United States Code do not apply to the
employment of merchant mariners on
oceanographic research vessels. These
requirements are those concerned with,
among other things, the shipment and
discharge of mariners, their pay and allotments, and the adequacy of their
clothing. 46 U.S.C. 2113(2) allows exemptions of oceanographic research
vessels from certain requirements of
parts B, C, F, or G of subtitle II of 46
U.S.C., upon such terms as the Secretary of the Department of Transportation deems suitable. The exemptions
available under this subpart are subject to the following terms:
(1) No use of any exemption relieves
the owner, charterer, managing operator, master, or individual in charge of
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§ 14.405
46 CFR Ch. I (10–1–11 Edition)
the vessel of other statutory responsibilities for the protection of every
mariner under his or her command.
(2) If it is presented at a reasonable
time and in a reasonable manner, the
master or individual in charge shall receive, consider, and appropriately address the legitimate complaint of any
mariner.
(b) For any oceanographic research
vessel sailing with any mariner employed by any firm, association, corporation, or educational or governmental body or agency, the Commandant may grant exemptions from—
(1) 46 U.S.C. 10301, Application;
(2) 46 U.S.C. 10302, Shipping articles
(for foreign and intercoastal voyages);
(3) 46 U.S.C. 10307, Posting of articles;
(4) 46 U.S.C. 10308, Foreign engagements;
(5) 46 U.S.C. 10311, Certificates of discharge;
(6) 46 U.S.C. 10313 and 10504, Wages;
(7) 46 U.S.C. 10314 and 10505, Advances;
(8) 46 U.S.C. 10315, Allotments;
(9) 46 U.S.C. 10316 and 10506, Trusts;
(10) 46 U.S.C. 10321 and 10508, General
penalties;
(11) 46 U.S.C. 10502, Shipping articles
(for coastwise voyages); and
(12) 46 U.S.C. 10509, Penalty for failure to begin coastwise voyages.
§ 14.405 Procedures.
(a) Upon written request for the
owner, charterer, managing operator,
master, or individual in charge of the
vessel to the OCMI of the Coast Guard
in whose zone the vessel is located, the
Commandant may grant an exemption
of any oceanographic research vessel
designated by 46 U.S.C. 2113(2) from any
requirement of any section listed by
§ 14.403(b).
(b) The request must state—
(1) Any requirement of any section
listed in § 14.403(b) from which the applicant wishes an exemption; and
(2) What business practices regarding, among other things, the shipment
and discharge of merchant mariners,
their pay and allotments, and the adequacy of their clothing would justify
the exemption.
(c) The OCMI will forward the request, along with his or her recommendation, to the Commandant,
who will determine whether to grant
any exemption of any vessel from any
requirement. The OCMI will issue a letter indicating any exemption granted.
The master or individual in charge of
the vessel shall keep the letter aboard
the vessel.
(d) If operating conditions change,
the owner, charterer, managing operator, master, or individual in charge of
the vessel shall so advise the OCMI.
The OCMI will forward pertinent information on how the conditions have
changed, along with his or her recommendation, to the Commandant,
who will determine whether any exemption should remain granted.
§ 14.407 Reports.
(a) The owner, charterer, managing
operator, master, or individual in
charge of each oceanographic research
vessel of 100 gross tons or more shall
maintain a record of the employment,
discharge, or termination of service of
every merchant mariner in the crew.
At least every 6 months, the person
maintaining this record shall transmit
it to the Coast Guard, either manually,
in the form of a copy of a certificate of
discharge, or electronically.
(b) The owner, charterer, managing
operator, master, or individual in
charge of the vessel shall keep original
shipping articles and a copy of each
certificate ready for review by the
Coast Guard or the concerned mariner
upon request. After January 3, 1997, the
Coast Guard will no longer keep either
original articles or copies of certificates; it will keep only electronic
records of employment.
(c) The master or individual in
charge of the vessel shall ensure that
every entry made in the articles agrees
with the corresponding entry made in a
continuous discharge book, on a certificate, or in any other proof of sea
service furnished to the mariner.
(d) Each oceanographic company
shall keep all original articles and copies of all certificates for 3 years. After
that each such company shall send all
articles to the address in § 14.103(a).
(e) Each oceanographic company that
goes out of business or merges with another company shall send all original
articles to the address in § 14.103(a)
within 30 days of the transaction.
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Coast Guard, DHS
§ 15.101
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.
PART 15—MANNING
REQUIREMENTS
Subpart A—Purpose and Applicability
Sec.
15.101
15.102
15.103
15.105
Purpose of regulations.
Paperwork approval.
General.
Incorporation by reference.
Subpart H—Equivalents
15.901 Inspected vessels of less than 100
gross tons.
15.905 Uninspected passenger vessels.
15.910 Towing vessels.
15.915 Engineer Officer Endorsements.
Subpart B [Reserved]
Subpart C—Manning Requirements; All
Vessels
15.401 Employment and service within restrictions of credential.
15.405 Familiarity with vessel characteristics.
15.410 Credentialed individuals for assistance towing vessels.
15.415 [Reserved]
Subpart I—Vessels in Foreign Trade
15.1001
15.1010
15.1020
15.1030
15.1040
15.1050
Subpart D—Manning Requirements;
Inspected Vessels
Subpart J—Vessels Subject to
Requirements of STCW
15.501 Certificate of inspection.
15.505 Changes in the certificate of inspection.
15.510 Right of appeal.
15.515 Compliance with certificate of inspection.
15.520 Mobile offshore drilling units.
15.525 Reference to other parts.
15.530 Large passenger vessels.
Subpart E—Manning Requirements;
Uninspected Vessels
15.601 General.
15.605 Credentialed
operators
for
uninspected passenger vessels.
15.610 Master and mate (pilot) of towing
vessels.
15.1101 General.
15.1103 Employment and service the within
restrictions of an STCW endorsement or
of a certificate of training.
15.1105 Familiarization and basic safetytraining.
15.1107 Maintenance of merchant mariners’
records by owner or operator.
15.1109 Watches.
15.1111 Work hours and rest periods.
15.1113 Vessel Security Officer (VSO).
AUTHORITY: 46 U.S.C. 2101, 2103, 3306, 3703,
8101, 8102, 8104, 8105, 8301, 8304, 8502, 8503, 8701,
8702, 8901, 8902, 8903, 8904, 8905(b), 8906, 9102,
and 8103; and Department of Homeland Security Delegation No. 0170.1.
SOURCE: CGD 81–059, 52 FR 38652, Oct. 16,
1987, unless otherwise noted.
Subpart F—Limitations and Qualifying
Factors
15.701 Officers
Competency
Certificates
Convention, 1936.
15.705 Watches.
15.710 Working hours.
15.715 Automated vessels.
15.720 Use of non-U.S. licensed and/or documented personnel.
15.725 Sailing short.
15.730 Language requirements.
Subpart G—Computations
15.801
15.805
15.810
15.812
15.815
15.820
General.
California.
Hawaii.
New York and New Jersey.
Massachusetts.
North Carolina.
General.
Master.
Mates.
Pilots.
Radar observers.
Chief engineer.
Subpart A—Purpose and
Applicability
§ 15.101 Purpose of regulations.
The purpose of the regulations in this
part is to set forth uniform minimum
requirements for the manning of vessels. In general, they implement, interpret, or apply the specific statutory
manning requirements in title 46,
U.S.C., parts E & F, implement various
international conventions which affect
merchant marine personnel, and provide the means for establishing the
complement necessary for safe operation of vessels.
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§ 15.102
§ 15.102
46 CFR Ch. I (10–1–11 Edition)
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]
§ 15.103
General.
(a) The regulations in this part apply
to all vessels which are subject to the
manning requirements contained in the
navigation and shipping laws of the
United States, including uninspected
vessels (46 U.S.C. 7101–9308).
(b) The navigation and shipping laws
state that a vessel may not be operated
unless certain manning requirements
are met. In addition to establishing a
minimum number of officers and rated
crew to be carried on board 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
command of the vessel to ensure that
appropriate personnel are carried to
meet the requirements of the applicable navigation and shipping laws and
regulations.
(c) Inspected vessels are issued a certificate of inspection which indicates
the minimum complement of officers
and crew (including lifeboatmen) considered necessary for safe operation.
The certificate of inspection complements the statutory requirements
but does not supersede them.
(d) The regulations in subpart J of
this part apply to seagoing vessels subject to the International Convention on
Standards of Training, Certification
and watchkeeping for Seafarers as
amended (STCW).
(e) Neither any person serving on any
of the following vessels, nor any owner
or operator of any of these vessels,
need meet the requirements of subpart
J, because the vessels are exempt from
application of STCW:
(1) Uninspected passenger vessels as
defined in 46 U.S.C. 2101(42).
(2) Fishing vessels as defined in 46
U.S.C. 2101(11)(a).
(3) Fishing vessels used as fish-tender
vessels as defined in 46 U.S.C.
2101(11)(c).
(4) Barges as defined in 46 U.S.C.
2101(2), including non-self-propelled
mobile offshore-drilling units.
(5) Vessels operating exclusively on
the Great Lakes.
(f) Personnel serving on the following
vessels, and the owners and operators
of these vessels, are in compliance with
subpart J and are not subject to further obligation for the purposes of
STCW, on account of the vessels’ special operating conditions as small vessels engaged in domestic voyages:
(1) Small passenger vessels subject to
subchapter T or K of title 46, CFR.
(2) Vessels of less than 200 GRT
(other than passenger vessels subject
to subchapter H of title 46 CFR).
(g) Personnel serving on vessels identified in paragraphs (e)(5), (f)(1), and
(f)(2) of this section will be issued,
without additional proof of qualification, an appropriate STCW endorsement on their license or MMC when the
Officer in Charge, Marine Inspection
determines that such an endorsement
is necessary to enable the vessel to engage in an international voyage. The
STCW endorsement will be expressly
limited to service on the vessel or the
class of vessels and will not establish
qualification for any other purpose.
[CGD 81–059, 52 FR 38652, Oct. 16, 1987,
amended by CGD 95–062, 62 FR 34538, June
1997; USCG-2004–18884, 69 FR 58343, Sept.
2004; USCG–2006–24371, 74 FR 11260, Mar.
2009]
§ 15.105 Incorporation by reference.
(a) Certain material is incorporated
by reference into this part with the approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. To enforce any edition
other than that specified in 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
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Coast Guard, DHS
§ 15.501
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/federallregister/
codeloflfederallregulations/
ibrllocations.html. Also, it is available
for inspection at the Coast Guard, Office of Operating and Environmental
Standards (CG–522), 2100 2nd St. SW.,
Stop 7126, Washington, DC 20593–7126,
202–372–1405, and is available from the
sources indicated below.
(b) International Maritime Organization (IMO), 4 Albert Embankment,
London, SE1 7SR United Kingdom,
telephone +44(0)20 7735 7611, http://
www.imo.org.
(1) STCW—The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers,
1978, as amended 1995, (STCW Convention), incorporation by reference approved for §§ 15.103; 15.1101; 15.1103;
15.1105; 15.1109.
(2) Seafarer’s Training, Certification
and Watchkeeping Code, as amended
1995 (STCW Code), incorporation by reference approved for §§ 15.1101; 15.1109.
by the Transportation Security Administration under 49 CFR part 1572.
[USCG–2006–24371, 74 FR 11260, Mar. 16, 2009]
§ 15.405 Familiarity with vessel characteristics.
Each credentialed individual must
become familiar with the relevant
characteristics of the vessel on which
engaged prior to assuming his or her
duties. As appropriate, these include
but are not limited to: general arrangement of the vessel; maneuvering characteristics; proper operation of the installed navigation equipment; firefighting and lifesaving equipment; stability and loading characteristics;
emergency duties; and main propulsion
and auxiliary machinery, including
steering gear systems and controls.
[CGD 81–059, 52 FR 38652, Oct. 16, 1987, as
amended by USCG–2006–24371, 74 FR 11260,
Mar. 16, 2009]
Subpart B [Reserved]
§ 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 them to engage in assistance towing under the provisions of 46
CFR 10.482.
Subpart C—Manning
Requirements; All Vessels
[CGD 87–017, 53 FR 18562, May 24, 1988, as
amended by USCG–2006–24371, 74 FR 11260,
Mar. 16, 2009]
[USCG–2009–0702, 74 FR 49225, Sept. 25, 2009]
§ 15.401 Employment and service within restrictions of credential.
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, transportation worker identification credential, and/or merchant
mariner credential, 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. Beginning April 15,
2009, all mariners holding an active license, certificate of registry, MMD, or
MMC issued by the Coast Guard must
also hold a valid transportation worker
identification credential (TWIC) issued
§ 15.415
[Reserved]
Subpart D—Manning
Requirements; Inspected Vessels
§ 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
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§ 15.505
46 CFR Ch. I (10–1–11 Edition)
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]
§ 15.505 Changes in the certificate of
inspection.
All requests for changes in manning
as indicated on the certificate of inspection must be made to the OCMI
who last issued the certificate of inspection, unless the request is made in
conjunction with an inspection for certification, in which case the request
should be addressed to the OCMI conducting the inspection.
§ 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]
§ 15.515 Compliance with certificate of
inspection.
(a) Except as provided by § 15.725, no
vessel may be operated unless it has in
its service and on board, the complement required by the certificate of
inspection.
(b) Any vessel subject to inspection
under 46 U.S.C. 3301 must, while on a
voyage, be under the direction and control of an individual who holds an appropriate license or appropriate officer
endorsement on their MMC. For the
purposes of this paragraph:
(1) A voyage is the period of time
necessary to transit from the port of
departure to the final port of arrival.
(2) A port does not include an Outer
Continental Shelf (OCS) facility as defined in 33 CFR part 140.
[CGD 81–059, 52 FR 38652, Oct. 16, 1987, as
amended at USCG-2004–18884, 69 FR 58343,
Sept. 30, 2004; USCG–2006–24371, 74 FR 11260,
Mar. 16, 2009]
§ 15.520 Mobile offshore drilling units.
(a) The requirements in this section
for mobile offshore drilling units
(MODUs) supplement other requirements in this part.
(b) The OCMI determines the minimum number of 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) 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
with master and OIM officer endorsements.
(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,
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 or
endorsement as OIM.
(g) An individual serving as mate on
a self-propelled surface unit other than
a drillship must hold an appropriate license or MMC officer endorsement as
mate and an endorsement as BS or
BCO. An individual holding a license or
MMC officer endorsement as barge supervisor or ballast control operator
may be substituted for a required mate
when a self-propelled surface unit other
than a drillship is on location or under
tow, under certain circumstances as
determined by the cognizant OCMI.
(h) An individual holding a license or
MMC officer endorsement as barge supervisor is required on a non-self-propelled surface unit other than a
drillship.
(i) An individual holding a license or
MMC officer endorsement as barge supervisor may serve as ballast control
operator.
(j) The OCMI issuing the MODU’s certificate of inspection may authorize
the substitution of chief or assistant
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Coast Guard, DHS
§ 15.530
engineer (MODU) for chief or assistant
engineer, respectively, on self-propelled or propulsion assisted surface
units, except drillships. The OCMI may
also authorize the substitution of assistant engineer (MODU) for assistant
engineer on drillships.
(k) Requirements in this part concerning radar observers do not apply to
non-self-propelled MODUs.
(l) A surface mobile offshore drilling
unit underway or on location, when
afloat and equipped with a ballast control room, must have that ballast control room manned by an individual
holding a license or MMC officer endorsement authorizing service as ballast control operator.
[CGD 81–059a, 55 FR 14805, Apr. 18, 1990, as
amended by USCG–2006–24371, 74 FR 11260,
Mar. 16, 2009]
§ 15.525
Reference to other parts.
Parts 31 and 35 of this chapter contain additional manning requirements
applicable to tank vessels.
§ 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 merchant mariner
credential described in subpart 12.40 of
this subchapter is provided the rights,
protections, and benefits of the International Labor Organization’s Merchant Shipping (Minimum Standards)
Convention of 1976.
(b) On U.S. flag large passenger vessels, non-resident aliens holding a
Coast Guard-issued merchant mariner
credential described in subpart 12.40 of
this subchapter:
(1) May only be employed in the
steward’s department on the vessel(s)
specified on the merchant mariner credential or accompanying Coast Guard
letter under § 12.40–13(b)(1) of this subchapter;
(2) May only be employed for an aggregate period of 36 months actual
service on all authorized U.S. flag large
passenger vessels combined, under
§ 12.40–13(c) of this subchapter;
(3) May not perform watchstanding,
engine room duty watch, or vessel
navigation functions, under § 12.40–
13(b)(4) of this subchapter; and
(4) May perform emergency-related
duties only if, under § 12.40–13(b)(5) of
this subchapter:
(i) The emergency-related duties do
not require any other rating or endorsement, except lifeboatman as specified in § 12.40–13(a)(3) of this subchapter;
(ii) The non-resident alien has completed familiarization and basic safety
training, as required in § 15.1105 of this
part;
(iii) That if the non-resident alien
serves as a lifeboatman, he or she must
have the necessary lifeboatman’s endorsement; and
(iv) The non-resident alien has completed the training for crewmembers on
passenger ships performing duties involving safety or care for passengers,
as required in subpart 12.35 of this subchapter.
(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 merchant mariner credentials described in subpart 12.40 of
this subchapter must:
(1) Retain custody of all non-resident
alien merchant mariner credentials for
the duration of employment, under
§ 12.40–13(b)(2) of this subchapter; and
(2) Return all non-resident alien merchant mariner credentials to the Coast
Guard upon termination of employment, under § 12.40–13(b)(3) of this subchapter.
(e) The owner or operator of a U.S.
flag large passenger vessel employing
non-resident aliens holding Coast
Guard-issued merchant mariner credentials described in subpart 12.40 of
this subchapter is subject to the civil
penalty provisions specified in 46
U.S.C. 8103(f), for any violation of this
section.
[USCG–2007–27761, 74 FR 47736, Sept. 17, 2009]
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§ 15.601
46 CFR Ch. I (10–1–11 Edition)
Subpart
E—Manning
Requirements; Uninspected Vessels
§ 15.601
General.
The following sections of subparts F,
G, and H of this part contain provisions
concerning manning of uninspected
vessels; §§ 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.
§ 15.605 Credentialed operators
uninspected passenger vessels.
for
Each uninspected passenger vessel
must be under the direction and control of an individual credentialed by
the Coast Guard as follows:
(a) Every self-propelled, uninspected
vessel 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 operator of
uninspected passenger vessels.
(b) Every uninspected passenger vessel of 100 gross tons or more, as defined
by 46 U.S.C. 2101(42)(A), must be under
the direction and control of a
credentialed master, pilot, or mate as
appropriate.
[USCG-1999–5040, 67 FR 34767, May 15, 2002, as
amended by USCG–2006–24371, 74 FR 11261,
Mar. 16, 2009]
§ 15.610 Master and mate (pilot) of
towing vessels.
(a) Except as provided in this paragraph, every towing vessel of at least 8
meters (at least 26 feet) in length,
measured from end to end over the
deck (excluding sheer), must be under
the direction and control of a person
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 gross register tons holding either an endorsement on his or her license or MMC for
towing vessels or a completed Towing
Officer’s Assessment Record (TOAR)
signed by a designated examiner indicating that the officer is proficient in
the operation of towing vessels. This
does not apply to any vessel engaged in
assistance towing, or to any towing
vessel of less than 200 gross register
tons engaged in exploiting offshore
minerals or oil if the vessel has sites or
equipment so engaged as its place of
departure or ultimate destination.
(b) 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, MMC officer
endorsement for the Western Rivers, or
meets the requirements of paragraph
(a) 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 part N or O of this subchapter,
an officer in charge of the towing vessel must have completed 12 round trips
over this route as an observer, with at
least 3 of those trips during hours of
darkness, and at least 1 round trip of
the 12 within the last 5 years.
(2) To operate a towing vessel without barges, or a tow of uninspected
barges, an officer in charge of the towing vessel must have completed at
least four round trips over this route as
an observer, with at least one of those
trips during hours of darkness, and at
least one round trip of the 12 within
the last 5 years.
[USCG–1999–6224, 66 FR 20944, Apr. 26, 2001, as
amended at 68 FR 35818, June 17, 2003; USCG–
2008–0906, 73 FR 56508, Sept. 29, 2008; USCG–
2006–24371, 74 FR 11261, Mar. 16, 2009]
Subpart F—Limitations and
Qualifying Factors
§ 15.701 Officers Competency Certificates Convention, 1936.
(a) This section implements the Officers Competency Certificates Convention, 1936, and applies to each vessel
documented under the laws of the
United States navigating seaward of
the Boundary Lines in part 7 of this
chapter, except:
(1) A public vessel;
(2) A wooden vessel of primitive
build, such as a dhow or junk;
(3) A barge; and,
(4) A vessel of less than 200 gross
tons.
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Coast Guard, DHS
§ 15.705
(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 chapter.
(c) A vessel to which this section applies, or a foreign flag vessel to which
the Convention applies, may be detained by a designated official until
that official is satisfied that the vessel
is in compliance with the Convention.
Designated official includes Coast Guard
officers, Coast Guard petty officers and
officers or employees of the Customs
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 five
days under the provisions of § 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]
§ 15.705 Watches.
(a) Title 46 U.S.C. 8104 is the law applicable to the establishment of watches aboard certain U.S. vessels. The establishment of adequate watches is the
responsibility of the vessel’s master.
The Coast Guard interprets the term
watch to be the direct performance of
vessel operations, whether deck or engine, where such operations would routinely be controlled and performed in a
scheduled and fixed rotation. The performance of maintenance or work necessary to the vessel’s safe operation on
a daily basis does not in itself constitute the establishment of a watch.
The minimum safe manning levels
specified in a vessel’s certificate of inspection take into consideration routine maintenance requirements and
ability of the crew to perform all operational evolutions, including emergencies, as well as those functions
which may be assigned to persons in
watches.
(b) Subject to exceptions, 46 U.S.C.
8104 requires that when a master of a
seagoing vessel of more than 100 gross
tons establishes watches for the 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 incident to the operation and management of the vessel. 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. Sailors is not interpreted to include able seamen and ordinary seamen not performing these duties.
(c) Subject to exceptions, 46 U.S.C.
8104(g) permits the 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:
(1) Towing vessel;
(2) Offshore supply vessel; or,
(3) Barge.
(d) Subject to exceptions, 46 U.S.C.
8104(h) permits a master or mate (pilot)
operating a towing vessel that is at
least 26 feet in length measured from
end to end over the deck (excluding
sheer) to work not more than 12 hours
in a consecutive 24 hour period except
in an emergency. The Coast Guard interprets this, in conjunction with other
provisions of the law, to permit masters or mates (pilots) serving as operators of towing vessels that are not subject to the provisions of the Officers’
Competency Certificates Convention,
1936, to be divided into two watches regardless of the length of the voyage.
(e) Fish processing vessels are subject
to various provisions of 46 U.S.C. 8104
concerning watches.
(1) For fish processing vessels that
entered into service before January 1,
1988, the following watch requirements
apply to the officers and deck crew:
(i) If over 5000 gross tons—three
watches.
(ii) If more than 1600 gross tons and
not more than 5000 gross tons—two
watches.
(iii) If not more than 1600 gross
tons—no watch division specified.
(2) For fish Processing vessels which
enter into service after December 31,
1987, the following watch requirements
apply to the officers and deck crew:
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§ 15.710
46 CFR Ch. I (10–1–11 Edition)
(i) If over 5000 gross tons—three
watches.
(ii) If not more than 5000 gross tons
and having more than 16 individuals on
board primarily employed in the preparation of fish or fish products—two
watches.
(iii) If not more than 5000 gross tons
and having not more than 16 individuals on board primarily employed in
the preparation of fish or fish products—no watch division specified.
(f) Properly manned uninspected passenger vessels of at least 100 gross
tons—
(1) Which are underway for no more
than 12 hours in any 24-hour period,
and which are adequately moored, anchored, or otherwise secured in a harbor of safe refuge for the remainder of
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]
§ 15.710
Working hours.
In addition to prescribing watch requirements, 46 U.S.C. 8104 sets limitations on the working hours of
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 on board another
vessel in jeopardy; or,
(d) Performing fire, lifeboat, or other
drills in port or at sea.
[CGD 81–059, 52 FR 38652, Oct. 16, 1987, as
amended by USCG-2004–18884, 69 FR 58343,
Sept. 30, 2004; USCG–2006–24371, 74 FR 11261,
Mar. 16, 2009]
§ 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.
§ 15.720 Use of non-U.S. licensed and/
or documented personnel.
(a) United States vessels which need
to replace one or more persons while on
a foreign voyage and outside the jurisdiction of the United States, in order
to meet manning requirements, may
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.
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Coast Guard, DHS
§ 15.730
(c) The waiver provided in paragraph
(b) of this section does not apply to any
vessel operating in water above the
U.S. Outer Continental Shelf (as that
term is defined in 43 U.S.C. 1331(a)).
(d) The master shall assure that any
replacements of crewmembers by nonU.S. citizens made in accordance with
this section will be with an individual
who holds a credential which is equivalent in experience, training, and other
qualifications 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 § 15.730 of this
part.
[CGD 89–061, 55 FR 1212, Jan. 12, 1990, as
amended by USCG–2006–24371, 74 FR 11261,
Mar. 16, 2009]
§ 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
the voyage, having determined the vessel is sufficiently manned for the voyage. A report of sailing short must be
filed in writing with the Officer in
Charge, Marine Inspection (OCMI) having cognizance for inspection in the
area in which the vessel is operating,
or the OCMI within whose jurisdiction
the voyage is completed. The report
must explain the cause of each deficiency and be submitted within twelve
hours after arrival at the next port.
The actions of the master or person in
charge in such instances are subject to
review and it must be shown the vacancy was not due to the consent, fault
or collusion of the master or other individuals specified in 46 U.S.C. 8101(e).
A civil penalty may be assessed against
the master or person in charge for failure to submit the report.
[CGD 81–059, 52 FR 38652, Oct. 16, 1987, as
amended by USCG–2006–24371, 74 FR 11262,
Mar. 16, 2009]
§ 15.730 Language requirements.
(a) The provisions of 46 U.S.C. 8702 relating to language apply generally to
vessels of at least 100 gross tons except:
(1) Vessels operating on rivers and
lakes (except the Great Lakes);
(2) A manned barge (except a seagoing barge or a barge to which chapter 37 of 46 U.S.C. applies);
(3) A fishing vessel, fish tender vessel, whaling vessel, or yacht;
(4) A sailing school vessel with respect to sailing school instructors and
sailing school students;
(5) An oceanographic research vessel
with respect to scientific personnel;
(6) A fish processing vessel which entered into service before January 1,
1988, and is not more than 1600 gross
tons or which enters into service after
December 31, 1987, and has not more
than 16 individuals on board primarily
employed in the preparation of fish or
fish products; and,
(7) All fish processing vessels with respect to those personnel primarily employed in the preparation of fish or fish
products or in a support position not
related to navigation.
(b) 46 U.S.C. 8702(b) requires that on
board vessels departing U.S. ports 75
percent of the crew in each department on
board is able to understand any order spoken by the officers.
(c) The words able to understand any
order spoken by the officers relates to
any order to a member of the crew
when directing the performance of that
person’s duties and orders relating to
emergency situations such as used for
response to a fire or in using lifesaving
equipment. It is not expected that a
member of the deck department understand terminology normally used only
in the engineroom or vice versa.
(d) Whenever information is presented to the Coast Guard that a vessel
fails to comply with the specified language requirements the Coast Guard
investigates the allegation to determine its validity. In determining if an
allegation is factual, the Coast Guard
may require a demonstration by the 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
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§ 15.801
46 CFR Ch. I (10–1–11 Edition)
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]
Subpart G—Computations
§ 15.801
General.
[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]
§ 15.810
The OCMI will determine the specific
manning levels for vessels required to
have certificates of inspection by part
B of subtitle II of title 46 U.S.C. The
masters or individuals in command of
all vessels, whether required to be inspected under 46 U.S.C. 3301 or not, are
responsible for properly manning vessels in accordance with the applicable
laws, regulations, and international
conventions.
[CGD 81–059, 54 FR 149, Jan. 4, 1989]
§ 15.805
(b) Every vessel documented under
the laws of the United States, other
than a vessel with only a recreational
endorsement, must be under the command of a U.S. citizen.
Master.
(a) There must be an individual holding an appropriate license as or a valid
MMC with endorsement as master master in command of each of the following vessels:
(1) Every self-propelled, seagoing documented vessel of 200 gross tons and
over.
(2) Every self-propelled inspected vessel.
(3) Every inspected passenger vessel.
(4) Every inspected small passenger
vessel.
(5) Every towing vessel of at least 8
meters (at least 26 feet) or more in
length must be under the command of
a master of towing vessels, or a mariner holding a license or MMC endorsed
as master of inspected, self-propelled
vessels greater than 200 gross register
tons (GRT) holding either—
(i) A completed Towing Officer’s Assessment Record (TOAR), bearing the
signature of a Designated Examiner
and stating that the Examiner found
the candidate proficient; or
(ii) A license or MMC with officer endorsement for towing vessels.
(6) Every uninspected passenger vessel of at least 100 gross tons.
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 1000 gross tons 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 1000 gross tons 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 or more gross tons
but less than 1000 gross tons—two
mates (except vessels of at least 100 but
less than 200 gross tons on voyages
which do not exceed 24 hours in duration—one mate).
(4) All offshore supply vessels of 100
gross tons or more—two mates (except
when on a voyage of less than 600
miles—one mate). A voyage includes
the accrued distance from port of departure to port of arrival and does not
include stops at offshore points.
(5) All vessels of less than 100 gross
tons—one mate (except vessels on voyages not exceeding 12 hours in duration
may, if the OCMI determines it to be
safe, be operated without mates).
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Coast Guard, DHS
§ 15.812
(c) An individual in charge of the
navigation or maneuvering of a selfpropelled, uninspected, documented,
seagoing vessel of 200 gross tons 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 (at least 26 feet)
in length must satisfy the requirements of § 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 Towing Officer’s Assessment Record (TOAR) bearing the
signature from a Designated Examiner
and stating that the Examiner found
the candidate proficient; or
(ii) A license 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.
[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]
§ 15.812 Pilots.
(a) Except as specified in paragraph
(f) of this section, the following vessels, not sailing on register, when underway on the navigable waters of the
United States, must be under the direction and control of an individual qualified to serve as pilot under paragraph
(b) or (c) of this section as appropriate:
(1) Coastwise seagoing vessels propelled by machinery and subject to inspection under 46 U.S.C. Chapter 33,
and coastwise seagoing tank barges
subject to inspection under 46 U.S.C.
Chapter 37;
(2) Vessels that are not authorized by
their Certificate of Inspection to proceed beyond the Boundary Line established in part 7 of this Chapter which
are in excess of 1,600 gross tons, propelled by machinery, and subject to inspection under 46 U.S.C. chapter 33; and
(3) Vessels operating on the Great
Lakes that are propelled by machinery
and subject to inspection under 46
U.S.C. chapter 33, or are tank barges
subject to inspection under 46 U.S.C.
chapter 37.
(b) The following individuals may
serve as a pilot for a vessel subject to
paragraph (a) of this section, when underway on the navigable waters of the
United States that are designated
areas:
(1) An individual holding a valid first
class pilot’s license or MMC with a
first class pilot’s endorsement, 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 gross tons
propelled by machinery, described in
paragraphs (a)(1) and (a)(3) of this section, provided he or she:
(i) Is at least 21 years old;
(ii) Complies with the currency of
knowledge provisions of § 11.713 of this
chapter; and
(iii) Has completed a minimum of
four round trips over the route to be
traversed while in the wheelhouse as
watchstander or observer. At least one
of the round trips must be made during
the hours of darkness if the route is to
be traversed during darkness
(3) An individual holding a valid license 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 gross
tons, described in paragraphs (a)(1) and
(a)(3) of this section, provided he or
she:
(i) Is at least 21 years old;
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§ 15.812
46 CFR Ch. I (10–1–11 Edition)
(ii) Complies with the currency of
knowledge provisions of § 11.713 of this
chapter;
(iii) Has a current physical examination in accordance with the provisions
of § 11.709 of this chapter;
(iv) Has at least six-months service
in the deck department on towing vessels engaged in towing operations; and
(v) Has completed a minimum of
twelve round trips over the route to be
traversed, as an observer or under instruction in the wheelhouse. At least
three of the round trips must be made
during the hours of darkness if the
route is to be traversed during darkness.
(c) An individual holding a valid license 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 des-
ignated areas of pilotage waters, provided he or she:
(1) Is at least 21 years old;
(2) Complies with the currency of
knowledge provisions of § 11.713 of this
chapter; and
(3) Has a current physical examination in accordance with the provisions
of § 11.709 of this chapter.
(d) In any instance when the qualifications of a person satisfying the requirements for pilotage through the
provisions of this Subpart are questioned by the Coast Guard, the individual shall, within a reasonable time,
provide the Coast Guard with documentation proving compliance with
the applicable portion(s) of paragraphs
(b) and (c) of this section.
(e) Federal pilotage requirements
contained in paragraphs (a) through (d)
of this section are summarized in two
quick reference tables.
(1) Table 15.812(e)(1) provides a guide
to the pilotage requirements for inspected, self-propelled vessels.
TABLE 15.812(e)(1)—QUICK REFERENCE TABLE FOR FEDERAL PILOTAGE REQUIREMENTS FOR U.S.
INSPECTED SELF-PROPELLED VESSELS, NOT SAILING ON REGISTER
Designated areas of pilotage waters
(routes for which First Class Pilot’s licenses or MMC officer endorsements
are issued)
Inspected self-propelled vessels greater
than 1,600 GT, authorized by their
Certificate of Inspection (COI) to proceed beyond the Boundary Line, or operating on the Great Lakes.
First Class Pilot ........................................
Inspected self-propelled vessels not more
than 1,600 GT, authorized by their
Certificate of Inspection to proceed beyond the Boundary Line, or operating
on the Great Lakes.
First Class Pilot, or Master or Mate may
serve as pilot if the individual:
1. Is at least 21 years old. .......................
2. Maintains current knowledge of the
waters to be navigated.1
3. Has 4 round trips over the route.2
First Class Pilot ........................................
Inspected self-propelled vessels greater
than 1,600 GT, not authorized by their
COI to proceed beyond the Boundary
Line (Inland route vessels); other than
vessels operating on the Great Lakes.
Inspected self-propelled vessels not more
than 1,600 GT, not authorized by their
COI to proceed beyond the Boundary
Line (Inland route vessels); other than
vessels operating on the Great Lakes.
No pilotage requirement ..........................
Nondesignated areas of pilotage waters
(between the three mile line and the start
of traditional pilotage routes)
Master or Mate may serve as pilot if
individual:
1. Is at least 21 years old.
2. Has an annual physical exam.
3. Maintains current knowledge of
waters to be navigated.1
Master or Mate may serve as pilot if
individual:
1. Is at least 21 years old.
2. Maintains current knowledge of
waters to be navigated.1
the
the
the
the
Master or Mate may serve as pilot if the
individual:
1. Is at least 21 years old.
2. Has an annual physical exam.
3. Maintains current knowledge of the
waters to be navigated.1
No pilotage requirement.
1 One
2 If
round trip within the past 60 months.
the route is to be traversed during darkness, 1 of the 4 round trips must be made during darkness.
(2) Table 15.812(e)(2) provides a guide to the pilotage requirements for tank
barges.
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Coast Guard, DHS
§ 15.815
TABLE 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
(routes for which First Class Pilot’s licenses or MMC officer endorsements
are issued)
Nondesignated areas of pilotage waters
(between the three mile line and the start
of traditional pilotage routes)
Tank Barges greater than 10,000 GT, authorized by their Certificate of Inspection to proceed beyond the Boundary
Line, or operating on the Great Lakes.
First Class Pilot ........................................
Tank Barges 10,000 GT or less, authorized by their Certificate of Inspection to
proceed beyond the Boundary Line, or
operating on the Great Lakes.
First Class Pilot, or Master, Mate, or
Master, Mate (Pilot) of towing vessels
may serve as pilot if the individual:
1. Is at least 21 years old ........................
2. Has an annual physical exam.1
3. Maintains current knowledge of the
waters to be navigated.2
4. Has at least 6 months’ service in the
deck department on towing vessels
engaged in towing operations.
5. Has 12 round trips over the route.3
No pilotage requirement ..........................
Master, Mate, or Master, Mate (Pilot) of
towing vessels may serve as pilot if
the individual:
1. Is at least 21 years old.
2. Has an annual physical exam.1
3. Maintains current knowledge of the
waters to be navigated.2
4. Has at least 6 months’ service in the
deck department on towing vessels
engaged in towing.
Master, Mate, or Master, Mate (Pilot) of
towing vessels may serve as pilot if
the individual:
1. Is at least 21 years old.
2. Has an annual physical exam.1
3. Maintains current knowledge of the
waters to be navigated.2
4. Has at least 6 months’ service in the
deck department on towing vessels
engaged in towing operations.
Tank Barges authorized by their Certificate of Inspection for Inland routes
only (Lakes, Bays, and Sounds/Rivers); other than vessels operating on
the Great Lakes.
No pilotage requirement.
1 Annual
physical exam does not apply to an individual who will serve as a pilot of a Tank Barge of less than 1,600 gross tons.
round trip within the past 60 months.
the route is to be traversed during darkness, 3 of the 12 round trips must be made during darkness.
2 One
3 If
(f) In Prince William Sound, Alaska,
coastwise seagoing vessels over 1,600
gross tons and propelled by machinery
and subject to inspection under 46
U.S.C. Chapter 37 must:
(1) When operating from 60°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; and
(iii) Is not a member of the crew of
the vessel.
(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 one 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.
[CGD 84–060, 59 FR 4842, Feb. 2, 1994, as
amended by CGD 84–060, 60 FR 20652, 20653,
Apr. 27, 1995; USCG-2004–18884, 69 FR 58343,
Sept. 30, 2004; USCG–2006–24371, 74 FR 11262,
Mar. 16, 2009]
§ 15.815
Radar observers.
(a) Each person in the required complement of deck officers, including the
master, on inspected vessels of 300
gross tons or over which are radar
equipped, shall hold an endorsement as
radar observer.
(b) Each person who is employed or
serves as pilot in accordance with Federal law on board vessels of 300 gross
tons or over which are radar equipped,
shall hold an endorsement as radar observer.
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§ 15.820
46 CFR Ch. I (10–1–11 Edition)
(c) Each person having to hold a license or MMC officer endorsement
under 46 U.S.C. 8904(a) for employment
or service as masteror mate on board
an uninspected towing vessel of 8 meters (approximately 26 feet) or more in
length must, if the vessel is equipped
with radar, hold an endorsement as
radar observer.
(d) Each person who is required to
hold a radar endorsement must have
their certificate of training readily
available to demonstrate that the endorsement is still valid.
(e) For the purposes of this section,
‘‘readily available’’ means that the
mariner must carry the original certificate of training or a notarized copy
thereof onboard. Alternatively, the
mariner must provide a copy of the certificate of training to the requesting
entity within 48 hours. The requested
material may be delivered either physically, electronically, or by facsimile.
[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]
§ 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 on board the following inspected
mechanically propelled vessels:
(1) Seagoing or Great Lakes vessels
of 200 gross tons and over.
(2) Offshore supply vessels of more
than 200 gross tons.
(3) Inland (other than Great Lakes)
vessels of 300 gross tons and over, if the
OCMI determines that an individual
with a license or the appropriate MMC
officer endorsement responsible for the
vessel’s mechanical propulsion is necessary.
(b) An individual engaged or employed to perform the duties of chief
engineer on a mechanically propelled,
uninspected,
seagoing,
documented
vessel of 200 gross tons or over must
hold an 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]
§ 15.825 Engineers.
(a) An individual in charge of an engineering watch on a mechanically propelled, seagoing, documented vessel of
200 gross tons or over, other than an individual described in § 15.820, must hold
an appropriately endorsed license or
MMC authorizing service as an assistant engineer.
(b) The Officer in Charge, Marine Inspection determines the minimum
number of credentialed engineers required for the safe operation of inspected vessels.
[CGD 81–059, 52 FR 38652, Oct. 16, 1987, as
amended by USCG–2006–24371, 74 FR 11263,
Mar. 16, 2009]
§ 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.
§ 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]
§ 15.840 Able seamen.
(a) With certain exceptions, 46 U.S.C.
8702 applies to all vessels of at least 100
gross tons. At 1east 65 percent of the
deck crew of these vessels, excluding
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, sail, and fishing industry, under
the provisions of part 12 of this chapter. 46 U.S.C. 7312 specifies the categories of able seamen (i.e., unlimited,
limited, etc.) necessary to meet the requirements of 46 U.S.C. 8702.
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Coast Guard, DHS
§ 15.860
(c) It is the responsibility of the master or person in charge to ensure that
the able seamen in the service of the
vessel meet the requirements of 46
U.S.C. 7312 and 8702.
[CGD 81–059, 52 FR 38652, Oct. 16, 1987, as
amended by USCG–2006–24371, 74 FR 11263,
Mar. 16, 2009]
§ 15.845
Lifeboatmen.
The number of lifeboatmen required
for a vessel are specified in the parts of
the regulations dealing with the inspection of that specific type of vessel.
§ 15.850
Lookouts.
The requirements for the maintenance of a proper lookout are specified
in Rule 5 of the International Regulations for Preventing Collisions at Sea,
1972 (33 U.S.C. 1602(c)), and Rule 5 of the
Inland Navigational Rules Act of 1980
(33 U.S.C. 2005). Lookout is a function
to be performed by a member of a navigational watch.
[USCG–2007–29018, 72 FR 53964, Sept. 21, 2007]
§ 15.855 Cabin watchmen and fire patrolmen.
(a) On vessels carrying passengers at
night, the master or person in charge
shall ensure that a suitable number of
watchmen are in the vicinity of the
cabins or staterooms and on each deck,
to guard against and give alarm in case
of fire or other danger.
(b) On a fish processing vessel of
more than 100 gross tons, there must be
a suitable number of watchmen trained
in firefighting on board when hot work
is being done, to guard against and give
alarm in case of a fire.
(c) For the watchmen described in
paragraph (a) of this section, the owner
or operator of an uninspected passenger vessel not more than 300 gross
tons may substitute the use of fire detectors, heat detectors, smoke detectors, and high-water alarms with
audible- and visual-warning indicators,
in addition to other required safety
alarms, only when each of the following conditions are met:
(1) Fire detectors are located in each
space containing machinery or fuel
tanks per § 181.400(c) of this chapter.
(2) All grills, broilers, and deep-fat
fryers are fitted with a grease extraction hood per § 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
§ 15.705.
[CGD 81–059, 52 FR 38652, Oct. 16, 1987, as
amended by USCG-1999–5040, 67 FR 34767, May
15, 2002]
§ 15.860
Tankerman.
(a) The Officer in Charge, Marine Inspection, enters on the Certificate of
Inspection issued to each manned tank
vessel subject to the regulations in this
chapter the number of crewmembers
required to hold valid merchant mariners’ documents or MMCs with the
proper tankerman endorsement. Table
15.860(a)(1) provides the minimal requirements for tankermen aboard
manned tank vessels; Table 15.860(a)(2)
provides the tankerman endorsements
required for personnel aboard tankships.
(b) For each tankship of more than
5,000 gross tons certified for voyages
beyond the Boundary Line:
(1) The number of ‘‘Tankerman-PICs’’
or restricted ‘‘Tankerman-PICs’’ carried must be not fewer than two.
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§ 15.860
46 CFR Ch. I (10–1–11 Edition)
(2) The number of ‘‘Tankerman-Assistants’’ carried must be not fewer
than three.
(3) The number of ‘‘Tankerman-Engineers’’ carried must be not fewer than
two.
(c) For each tankship of 5,000 gross
tons or less certified for voyages beyond the Boundary Line:
(1) The number of ‘‘Tankerman-PICs’’
or restricted ‘‘Tankerman-PICs’’ carried must be not fewer than two.
(2) The number of ‘‘Tankerman-Engineers’’ carried must be not fewer than
two, unless only one engineer is required, in which case the number of
‘‘Tankerman-Engineers’’ carried may
be just one.
(d) For each tankship not certified
for voyages beyond the Boundary Line,
if the total crew complement is:
(1) One or two, the number of
‘‘Tankerman-PICs’’
or
restricted
‘‘Tankerman-PICs’’ carried may be just
one.
(2) More than two, the number of
‘‘Tankerman-PICs’’
or
restricted
‘‘Tankerman-PICs’’ carried must be
not fewer than two.
(e) For each tank barge manned
under § 31.15–5 of this chapter, if the
total crew complement is:
(1) One or two, the number of
‘‘Tankerman-PICs’’,
restricted
‘‘Tankerman-PICs’’, ‘‘Tankerman-PICs
(Barge)’’, or restricted ‘‘TankermanPICs (Barge)’’ carried may be just one.
(2) More than two, the number of
‘‘Tankerman-PICs’’,
restricted
‘‘Tankerman-PICs’’, ‘‘Tankerman-PICs
(Barge)’’, or restricted ‘‘TankermanPICs (Barge)’’ carried must be not
fewer than two.
(f) The following personnel aboard
each tankship certified for voyages beyond the Boundary Line shall hold
valid merchant mariners’ documents or
MMCs, endorsed as follows:
(1) The master and chief mate shall
each hold a ‘‘Tankerman-PIC’’ or restricted ‘‘Tankerman-PIC’’ endorsement.
(2) The chief, first assistant, and
cargo engineers shall each hold a
‘‘Tankerman-Engineer’’
or
‘‘Tankerman (PIC)’’ endorsement.
(3) Each credentialed officer acting
as the PIC of a transfer of liquid cargo
in bulk shall 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,
shall hold a ‘‘Tankerman-Assistant’’
endorsement.
(g) The endorsements required by
this section must be for the classification of the liquid cargo in bulk or of
the cargo residue being carried.
(h) Because STCW does not recognize
restricted Tankerman-PIC endorsements, persons may act under these
only aboard vessels conducting business inside the Boundary Line.
TABLE 15.860(a)(1)—MINIMAL REQUIREMENTS FOR TANKERMEN ABOARD MANNED TANK VESSELS
Tank vessels
Tankerman
PIC
Tankerman
assistant
Tankerman
engineer
Tankerman
PIC or
tankerman
PIC (barge)
Tankship Certified for Voyages Beyond Boundary Line:
Over 5000 GT .........................................................................
5000 GT or less ......................................................................
Tankship Not Certified for Voyages Beyond Boundary Line ................
Tank Barge ............................................................................................
2
2
**2
....................
3
....................
....................
....................
2
*2
....................
....................
....................
....................
....................
***2
* If only one engineer is required, then only one Tankerman Engineer is required.
** If the total crew complement is one or two persons, then only one Tankerman PIC is required.
*** If the total crew complement is one or two persons, then only one Tankerman PIC or Tankerman PIC (Barge) is required.
TABLE 15.860(a)(2)—TANKERMEN ENDORSEMENTS REQUIRED FOR PERSONNEL ABOARD TANKSHIPS
[Endorsement for the Classification of the Bulk Liquid Cargo or Residues Carried]
Tankship certified for voyages beyond boundary line
Tankerman
PIC
Master ................................................................................................................
Chief Mate ..........................................................................................................
✔
✔
Tankerman
engineer
Tankerman
assistant
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Coast Guard, DHS
§ 15.915
TABLE 15.860(a)(2)—TANKERMEN ENDORSEMENTS REQUIRED FOR PERSONNEL ABOARD
TANKSHIPS—Continued
[Endorsement for the Classification of the Bulk Liquid Cargo or Residues Carried]
Tankship certified for voyages beyond boundary line
Tankerman
PIC
Chief Engineer ...................................................................................................
First Assistant Engineer .....................................................................................
Cargo Engineer ..................................................................................................
Credentialed Officer Acting as PIC of Transfer of Liquid Cargo in Bulk ...........
Credentialed Officer or Crewmember Not Directly Supervised by PIC ............
✔
✔
✔
✔
....................
Tankerman
engineer
or
or
or
✔
✔
✔
........
....................
Tankerman
assistant
✔
[CGD 79–116, 60 FR 17154, Apr. 4, 1995, as amended by CGD 79–116, 62 FR 25135, May 8, 1997;
USCG–2006–24371, 74 FR 11263, Mar. 16, 2009]
Subpart H—Equivalents
§ 15.901 Inspected vessels of less than
100 gross tons.
(a) An individual holding a license or
MMC endorsed as mate or pilot of inspected, self-propelled vessels of over
200 gross tons is authorized to serve as
master on inspected vessels of less than
100 gross tons within any restrictions
on the individual’s license or MMC.
(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.
(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.
(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 nonself-propelled vessels, within any restrictions on the individual’s license or
MMC.
uninspected passenger vessel under 100
gross tons within any restrictions,
other than gross 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 at least
100 gross tons 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 inspected,
self-propelled vessels (other than Great
Lakes, inland, or river vessels of not
more than 200 gross tons) is authorized
to serve as operator of uninspected passenger vessels of less than 100 gross
tons within any restrictions, other
than gross tonnage limitations, on the
individual’s license or MMC.
[USCG-1999–5040, 67 FR 34767, May 15, 2002, as
amended by USCG–2006–24371, 74 FR 11263,
Mar. 16, 2009]
§ 15.910
Towing vessels.
No person may serve as a master or
mate (pilot) of any towing vessel without meeting the requirements of
§§ 15.805(a)(5) or 15.810(d) of this part.
[USCG–2006–24371, 74 FR 11263, Mar. 16, 2009]
[CGD 81–059, 54 FR 150, Jan. 4, 1989, as amended by USCG–2006–24371, 74 FR 11263, Mar. 16,
2009]
§ 15.915 Engineer
ments.
§ 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
The following licenses and MMC officer endorsements authorize the holder
to serve as noted, within any restrictions on the license or MMC:
(a) A designated duty engineer license or endorsement authorizes service as chief or assistant engineer on
Officer
Endorse-
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§ 15.1001
46 CFR Ch. I (10–1–11 Edition)
vessels of not more than 500 gross tons
in the following manner:
(1) A designated duty engineer limited to vessels of not more than 1000
horsepower or 4000 horsepower may
serve only on near coastal, Great
Lakes, or inland waters;
(2) A designated duty engineer with
no horsepower limitations may serve
on any waters.
(b) A chief engineer (limited-oceans)
license or endorsement authorizes service as chief or assistant engineer on
vessels of any gross tons on inland waters and of not more than 1600 gross
tons on ocean, near coastal, or Great
Lakes waters.
(c) A chief engineer (limited-near
coastal) license or endorsement authorizes service as chief or assistant
engineer on vessels of any gross tons
on inland waters and of not more than
1600 gross tons on near coastal or Great
Lakes waters.
(d) An assistant engineer (limitedoceans) license or endorsement authorizes service on vessels of any gross tons
on inland waters and of not more than
1600 gross tons on ocean, near coastal,
or Great Lakes waters.
[CGD 81–059, 54 FR 150, Jan. 4, 1989, as amended by USCG–2006–24371, 74 FR 11263, Mar. 16,
2009]
Subpart I—Vessels in Foreign
Trade
SOURCE: CGD 92–061, 60 FR 24796, May 10,
1995, unless otherwise noted.
§ 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]
§ 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, 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
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Coast Guard, DHS
§ 15.1030
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]
§ 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.
§ 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 § 15.1030: ‘‘Intra-port transit’’ as
used in this section includes the movement
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§ 15.1040
46 CFR Ch. I (10–1–11 Edition)
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]
§ 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]
§ 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 J—Vessels Subject to
Requirements of STCW
SOURCE: CGD 95–062, 62 FR 34539, June 26,
1997, unless otherwise noted.
§ 15.1101
General.
(a) Definitions. For purposes of this
subpart, the term—
(1) STCW means the International
Convention on Standards of Training,
Certification and Watchkeeping for
Seafarers, 1978, as amended in 1995;
(2) STCW Code means the Seafarer’s
Training,
Certification
and
Watchkeeping Code;
(3) Seagoing vessel means a self-propelled vessel in commercial service
that operates beyond the Boundary
Line established by 46 CFR part 7. It
does not include a vessel that navigates exclusively on inland waters;
(4) Rest means a period of time during
which the person concerned is off duty,
is not performing work (which includes
administrative tasks such as chart corrections or preparation of port-entry
documents), and is allowed to sleep
without being interrupted; and
(5) Overriding operational conditions
means circumstances in which essential shipboard work cannot be delayed
for safety or environmental reasons, or
could not reasonably have been anticipated at the commencement of the
voyage.
(6) Vessel Security Officer (VSO) means
a person onboard the vessel accountable to the Master, designated by the
Company as responsible for security of
the vessel, including implementation
and maintenance of the Vessel Security Plan, and for liaison with the Facility Security Officer and vessel’s
Company Security Officer.
(b) Except as otherwise provided in
§ 15.1103(d), the regulations in this subpart apply to seagoing vessels subject
to STCW.
(c) A vessel that has on board a valid
Safety Management Certificate and a
copy of a Document of Compliance
issued for that vessel in accordance
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Coast Guard, DHS
§ 15.1103
with 46 U.S.C. 3205 is presumed in compliance with the regulations in this
subpart.
[CGD 95–062, 62 FR 34539, June 26, 1997, as
amended by USCG–2008–0028, 73 FR 29071,
May 20, 2008]
§ 15.1103 Employment
and
service
within the restrictions of an STCW
endorsement or of a certificate of
training.
(a) On board a seagoing vessel operating beyond the Boundary Line, no
person may employ or engage any person to serve, and no person may serve,
in a position requiring a person to hold
an STCW endorsement, including master, chief mate, chief engineer, second
engineer, officer of the navigational or
engineering watch, or radio operator,
unless the person serving holds an appropriate, valid STCW certificate or
endorsement issued in accordance with
part 10 or 12 of this chapter.
(b) On board a seagoing vessel of 500
GT or more as determined under the
International Tonnage Convention, no
person may employ or engage any person to serve, and no person may serve,
as a rating forming part of the navigational watch, except for training, unless the person serving holds an appropriate, valid STCW certificate or endorsement issued in accordance with
part 12 of this chapter.
(c) On board a seagoing vessel driven
by main propulsion machinery of 750
kW [1,000 hp] propulsion power or more,
no person may employ or engage any
person to serve, and no person may
serve, in a rating forming part of a
watch in a manned engine-room, nor
may any person be designated to perform duties in a periodically unmanned
engine-room, except for training or for
the performance of duties of an unskilled nature, unless the person serving holds an appropriate, valid STCW
certificate or endorsement issued in accordance with part 12 of this chapter.
(d) You must hold documentary evidence to show you meet the requirements of §§ 11.1005 or 12.30–5 of this
chapter, as appropriate, if you are a
master or crewmember on board a RoRo passenger ship to which a certificate signifying compliance with the
International Convention for the Safety of Life at Sea, 1974, as amended
(SOLAS) (SOLAS is available from the
International
Maritime
Organization
(IMO), 4 Albert Embankment, London,
SE1 7SR, England, telephone: + 44 (0)20
7735 7611, http://www.imo.org), has been
issued.
(e) You must hold documentary evidence to show you meet the requirements of §§ 11.1005 or 12.30–5 of this
chapter, as appropriate, if you are a
master or crewmember on board a vessel that is—
(1) Subject to the STCW;
(2) Not a Ro-Ro passenger ship; and
(3) Carrying more than 12 passengers
when on an international voyage.
(f) On board a seagoing vessel required to comply with provisions of the
Global Maritime Distress and Safety
System (GMDSS) in Chapter IV of
SOLAS, no person may employ or engage any person to serve, and no person
may serve, as the master, chief mate,
or officer of the navigational watch,
unless the person serving holds the appropriate certificate or endorsement
for operator of radio in GMDSS.
(g) On board a seagoing vessel required to comply with provisions of the
GMDSS in Chapter IV of SOLAS, no
person may employ or engage any person to serve, and no person may serve,
as the person designated to maintain
GMDSS equipment at sea, when the
service of a person so designated is
used to meet the maintenance requirements of SOLAS Regulation IV/15,
which allows for capability of at-sea
electronic maintenance to ensure that
radio equipment is available for radio
communication, unless the person so
serving holds documentary evidence
that he or she is competent to maintain GMDSS equipment at sea.
(h) On board a seagoing vessel fitted
with an Automatic Radar Plotting Aid
(ARPA), no person may employ or engage any person to serve, and no person
may serve, as the master, chief mate,
or officer of the navigational watch,
unless the person so serving has been
trained in the use of ARPA according
to §§ 11.205 or 11.209 of this chapter,
whichever is appropriate.
[CGD 95–062, 62 FR 34539, June 26, 1997, as
amended by USCG-1999–5610, 67 FR 55069, Oct.
30, 2002; USCG-2004–18884, 69 FR 58344, Sept.
30, 2004; USCG–2006–24371, 74 FR 11263, Mar.
16, 2009]
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§ 15.1105
46 CFR Ch. I (10–1–11 Edition)
§ 15.1105 Familiarization
safety-training.
and
basic
(a) On board a seagoing vessel, no
person may assign any person to perform shipboard duties, and no person
may perform those duties, unless the
person performing them has received—
(1) Training in personal survival
techniques as set out in the standard of
competence under STCW Regulation
VI/1; or
(2) Sufficient familiarization training
or instruction that he or she—
(i) Can communicate with other persons on board about elementary safety
matters and understand informational
symbols, signs, and alarm signals concerning safety;
(ii) Knows what to do if a person falls
overboard; if fire or smoke is detected;
or if the firm alarm or abandon-ship
alarm sounds;
(iii) Can identify stations for muster
and embarkation, and emergency-escape routes;
(iv) Can locate and don life-jackets;
(v) Can raise the alarm and knows
the use of portable fire extinguishers;
(vi) Can take immediate action upon
encountering an accident or other medical emergency before seeking further
medical assistance on board; and
(vii) Can close and open the fire
doors, weather-tight doors, and watertight doors fitted in the vessel other
than those for hull openings.
(b) On board a seagoing vessel, no
person may assign a shipboard duty or
responsibility to any person who is
serving in a position that must be
filled as part of the required crew complement, and no person may perform
any such duty or responsibility, unless
he or she is familiar with it and with
all vessel’s arrangements, installations, equipment, procedures, and characteristics relevant to his or her routine or emergency duties or responsibilities, in accordance with STCW
Regulation I/14.
(c) On board a seagoing vessel, no
person may assign a shipboard duty or
responsibility to any person who is
serving in a position that must be
filled as part of the required crew complement or who is assigned a responsibility on the muster list, and no person
may perform any such duty or respon-
sibility, unless the person performing
it can produce evidence of having—
(1) Received appropriate approved
basic safety training or instruction as
set out in the standards of competence
under STCW Regulation VI/1, with respect to personal survival techniques,
fire prevention and fire-fighting, elementary first aid, and personal safety
and social responsibilities; and
(2) Achieved or, if training has been
completed, maintained competence
within the last 5 years, in accordance
with STCW regulation VI/1.
(d) Fish-processing vessels in compliance with the provisions of 46 CFR part
28 on instructions, drills, and safety
orientation are deemed to be in compliance with the requirements of this section on familiarization and basic safety-training.
[CGD 95–062, 62 FR 34539, June 26, 1997, as
amended by USCG-2004–18884, 69 FR 58344,
Sept. 30, 2004; USCG–2006–24371, 74 FR 11263,
Mar. 16, 2009]
§ 15.1107 Maintenance of merchant
mariners’ records by owner or operator.
Each owner or operator of a U.S.-documented seagoing vessel shall ensure
that procedures are in place, in respect
of each merchant mariner holding a license, MMC, or merchant mariner’s
document and serving on any such vessel, to ensure that the following information is maintained throughout his
or her service, and is readily accessible
to those in management responsible for
the safety of the vessel and for the prevention of marine pollution:
(a) Medical fitness (such as results of
a recent evaluation by a medical professional certifying that the mariner is
physically able to perform the tasks
and duties normally associated with a
particular shipboard position or does
not have an apparent medical condition that disqualifies him or her from
the requirements of a particular shipboard position).
(b) Experience and training relevant
to assigned shipboard duties (i.e.,
record of training completed, and of
relevant on-the-job experience acquired).
(c) Competency in assigned shipboard
duties (evidenced by copies of current
credentials that the mariner holds, as
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Coast Guard, DHS
Pt. 16
well as by a record of the most recent
basic safety assessment and by instances where ship-specific familiarization has been achieved and maintained).
[CGD 95–062, 62 FR 34539, June 26, 1997, as
amended by USCG–2006–24371, 74 FR 11263,
Mar. 16, 2009]
§ 15.1109
Watches.
Each master of a vessel that operates
beyond the Boundary Line shall ensure
observance of the principles concerning
watchkeeping set out in STCW Regulation VIII/2 and section A-VIII/2 of the
STCW Code.
§ 15.1111
section as well as port rotations and
changes in the vessel’s itinerary.
[CGD 95–062, 62 FR 34539, June 26, 1997, as
amended by USCG–2006–24371, 74 FR 11263,
Mar. 16, 2009]
§ 15.1113
Vessel Security Officer (VSO).
After July 1, 2009, on board seagoing
vessel, all persons performing duties as
VSO must hold a valid endorsement as
Vessel Security Officer.
[USCG–2008–0028, 73 FR 29071, May 20, 2008]
PART 16—CHEMICAL TESTING
Subpart A—General
Work hours and rest periods.
(a) Each person assigned duty as officer in charge of a navigational or engineering watch, or duty as a rating
forming part of a navigational or engineering watch, on board any vessel
that operates beyond the Boundary
Line shall receive a minimum of 10
hours of rest in any 24-hour period.
(b) The hours of rest required under
paragraph (a) of this section may be divided into no more than two periods, of
which one must be at least 6 hours in
length.
(c) The requirements of paragraphs
(a) and (b) of this section need not be
maintained in the case of an emergency or drill or in other overriding
operational conditions.
(d) The minimum period of 10 hours
of rest required under paragraph (a) of
this section may be reduced to not less
than 6 consecutive hours as long as—
(1) No reduction extends beyond 2
days; and
(2) Not less than 70 hours of rest are
provided each 7-day period.
(e) The minimum period of rest required under paragraph (a) of this section
may
not
be
devoted
to
watchkeeping or other duties.
(f) Watchkeeping personnel remain
subject to the work-hour limits in 46
U.S.C. 8104 and to the conditions when
crew members may be required to
work.
(g) The Master shall post watch
schedules where they are easily accessible. They must cover each affected
member of the crew and must take into
account the rest requirements of this
Sec.
16.101
16.105
16.107
16.109
16.113
16.115
Purpose of regulations.
Definitions of terms used in this part.
Waivers.
Public Interest Exclusion (PIE).
Chemical drug testing.
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.
SOURCE: CGD 86–067, 53 FR 47079, Nov. 21,
1988, unless otherwise noted.
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§ 16.101
46 CFR Ch. I (10–1–11 Edition)
Subpart A—General
§ 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.
§ 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
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
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Coast Guard, DHS
§ 16.107
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 ma-
rine 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; USCG2000–7759, 66 FR 42967, Aug. 16, 2001; USCG2003–16414, 69 FR 6577, Feb. 11, 2004; USCG–
2006–24371, 74 FR 11263, Mar. 16, 2009]
§ 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–545).
(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–545), at the address
listed in § 16.500(a).
(c) An employer may request a waiver from the Coast Guard in order to
stand-down a crewmember following
the Medical Review Officer’s receipt of
a laboratory report of a confirmed positive test for a drug or drug metabolite,
an adulterated test, or a substituted
test pertaining to the crewmember.
Consistent with 49 CFR 40.21, the request for a waiver must include as a
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§ 16.109
46 CFR Ch. I (10–1–11 Edition)
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]
§ 16.109 Public
(PIE).
Interest
Exclusion
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]
§ 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, § 16.113 was amended; however, the
amendment could not be incorporated due to
inaccurate amendatory instruction.
§ 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
§ 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
Part 5, if applicable, have been satisfied.
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Coast Guard, DHS
§ 16.220
(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, November 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]
§ 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]
§ 16.205 Implementation
testing programs.
of
chemical
(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 §§ 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–545) 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]
§ 16.210 Pre-employment
quirements.
testing
(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 § 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]
§ 16.220
Periodic testing requirements.
(a) Except as provided by paragraph
(c) of this section and § 10.227(e) of this
chapter, an applicant must pass a
chemical test for dangerous drugs for—
(1) An original issuance of a license,
COR, MMD, or MMC;
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§ 16.230
46 CFR Ch. I (10–1–11 Edition)
(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 § 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]
§ 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 computerbased 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
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Coast Guard, DHS
§ 16.230
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 Com-
mandant 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
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§ 16.240
46 CFR Ch. I (10–1–11 Edition)
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, § 16.230 was amended; however, a portion
of the amendment could not be incorporated
due to inaccurate amendatory instruction.
§ 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.
§ 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]
§ 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
§§ 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
§ 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
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Coast Guard, DHS
§ 16.500
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
§ 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–545), 2100 2nd St.
SW., Stop 7581, Washington, DC 20593–
7581
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 USCG2003–16414, 69 FR 6578, Feb. 11, 2004; USCG–
2006–25556, 72 FR 36330, July 2, 2007; USCG–
2009–0702, 74 FR 49225, Sept. 25, 2009]
APPENDIX A [RESERVED]
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SUBCHAPTER C—UNINSPECTED VESSELS
imum requirements for uninspected
commercial vessels, certain motor vessels, vessels propelled by sail carrying
passengers for hire, and barges carrying passengers for hire.
PART 24—GENERAL PROVISIONS
Subpart 24.01—Purpose
Sec.
24.01–1
24.01–7
Purpose of regulations.
Right of appeal.
[CGD 95–028, 62 FR 51196, Sept. 30, 1997]
Subpart 24.05—Application
§ 24.01–7
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
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 24.15—Equivalents
24.15–1 Conditions under which equivalents
may be used.
24.15–5 Canadian pleasure craft temporarily
using navigable waters of the United
States.
Subpart 24.20—General Marine
Engineering Requirements
24.20–1
Marine engineering details.
AUTHORITY: 46 U.S.C. 2113, 3306, 4104, 4302;
Pub. L. 103–206; 107 Stat.2439; E.O. 12234; 45
FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.
SOURCE: CGFR 65–50, 30 FR 16650, Dec. 30,
1965, unless otherwise noted.
Subpart 24.01—Purpose
§ 24.01–1 Purpose of regulations.
The purpose of the regulations in this
subchapter is to set forth uniform min-
Subpart 24.05—Application
§ 24.05–1 Vessels subject to the
quirements of this subchapter.
(a) This subchapter is applicable to
all vessels indicated in Column 5 of
Table 24.05–1(a), and is applicable to all
such U.S.-flag vessels, and to all such
foreign-flag vessels, except as follows:
(1) Any vessel operating exclusively
on inland waters which are not navigable waters of the United States.
(2) Any vessel while laid up and dismantled and out of commission.
(3) With the exception of vessels of
the U.S. Maritime Administration, any
vessel with title vested in the United
States and which is used for public purposes.
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§ 24.05–1
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269
§ 24.05–1
46 CFR Ch. I (10–1–11 Edition)
[CGFR 65–50, 30 FR 16650, Dec. 30, 1965, as amended by CGFR 67–33, 33 FR 1104, Jan. 27, 1968;
CGFR 70–10, 35 FR 3707, Feb. 25, 1970; CGD 72–172R, 38 FR 3116, Mar. 28, 1973; CGD 73–96, 42 FR
49023, Sept. 26, 1977; CGD 86–033, 53 FR 36023, Sept. 16, 1988; 53 FR 46871, Nov. 21, 1988; CGD 90–
008, 55 FR 30659, July 26, 1990; USCG-1999–5040, 67 FR 34768, May 15, 2002; USCG–2008–1107; 74
FR 63628, Dec. 4, 2009]
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Coast Guard, DHS
§ 24.10–1
§ 24.05–5 Specific application noted in
text.
(a) At the beginning of the various
parts, subparts, and sections, a more
specific application is generally given
for the particular portion of the text
involved. This application sets forth
the types, sizes, or services of vessels
to which the text pertains, and in
many cases limits the application of
the text to vessels contracted for before or after a specific date. As used in
this subchapter, the term vessels contracted for includes not only the contracting for the construction of a vessel, but also the contracting for a material alteration to a vessel, the contracting for the conversion of a vessel
to a passenger vessel, and the changing
of service or route of a vessel if such
change increases or modifies the general requirements for the vessel or increases the hazards to which it might
be subjected.
(b) [Reserved]
Subpart 24.10—Definition of Terms
Used in This Subchapter
SOURCE: USCG-1999–5040, 67 FR 34775, May
15, 2002, unless otherwise noted.
§ 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
§ 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.
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§ 24.15–1
46 CFR Ch. I (10–1–11 Edition)
(1) The various length categories of
motorboats are as follows:
(i) Any motorboat less than 16 feet in
length.
(ii) Any motorboat 16 feet or over and
less than 26 feet in length.
(iii) Any motorboat 26 feet or over
and less than 40 feet in length.
(iv) Any motorboat 40 feet or over
and not more than 65 feet in length.
(2) The expression ‘‘length must be
measured from end-to-end over the
deck
excluding
sheer’’
means
a
straight-line measurement of the overall length from the foremost part of
the vessel to the aftermost part of the
vessel, measured parallel to the centerline. Bowsprits, bumpkins, rudders,
outboard motor brackets, and similar
fittings or attachments, are not to be
included in the measurement. Length
must be stated in feet and inches.
Oceans means a route that goes beyond 20 nautical miles offshore on any
of the following waters:
(1) Any ocean.
(2) The Gulf of Mexico.
(3) The Caribbean Sea.
(4) The Bering Sea.
(5) The Gulf of Alaska.
(6) Such other similar waters as may
be designated by a Coast Guard District Commander.
Officer in Charge, Marine Inspection or
OCMI means any person from the civilian or military branch of the Coast
Guard designated as such by the Commandant and who, under the direction
of the Coast Guard District Commander, is in charge of an inspection
zone for performance of duties related
to the inspection, enforcement, and administration of Subtitle II, Title 46
U.S. Code; Title 33 U.S. Code; and regulations issued under these statutes.
Passenger means an individual carried
on a vessel, except—
(1) The owner or an individual representative of the owner, or in the case
of a vessel under charter, an individual
charterer or individual representative
of the charterer;
(2) The master; or
(3) A member of the crew engaged in
the business of the vessel, who has not
contributed consideration for carriage,
and who is paid for onboard services.
Passenger-for-hire means a passenger
for whom consideration is contributed
as a condition of carriage on the vessel,
whether directly or indirectly flowing
to the owner, charterer, operator,
agent, or any other person having an
interest in the vessel.
Survival craft, when used on an
uninspected passenger vessel over 100
gross tons means a lifeboat, inflatable
liferaft, inflatable buoyant apparatus,
or small boat.
Vessel, as used in this subpart includes all vessels indicated in column
five of Table 24.05–1(a) in § 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
§ 24.15–1 Conditions
under
equivalents may be used.
which
(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
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Coast Guard, DHS
Pt. 25
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.
§ 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.
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.
[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
§ 24.20–1
Marine engineering details.
(a) All marine engineering details
relative to the design, construction,
and testing of boilers and machinery
on steam-propelled motorboats of over
40 feet in length will be found in subchapter F (Marine Engineering) of this
chapter.
Subpart 25.30—Fire Extinguishing
Equipment
25.30–1 Application.
25.30–5 General provisions.
25.30–10 Hand-portable fire extinguishers
and semi-portable fire-extinguishing systems.
25.30–15 Fixed fire-extinguishing systems.
25.30–20 Fire extinguishing equipment required.
25.30–90 Vessels contracted for prior to November 19, 1952.
Subpart 25.35—Backfire Flame Control
25.35–1
Requirements.
25.40–1
Tanks and engine spaces.
PART 25—REQUIREMENTS
Subpart 25.40—Ventilation
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
quirements.
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
certification
re25.50–1
Criteria.
AUTHORITY: 33 U.S.C. 1903(b); 46 U.S.C. 3306,
4102, 4302; Department of Homeland Security
Delegation No. 0170.1.
Subpart 25.25—Life Preservers and Other
Lifesaving Equipment
25.25–1
25.25–3
Subpart 25.45—Cooking, Heating, and
Lighting Systems
Application.
Definitions.
SOURCE: CGFR 65–50, 30 FR 16653, Dec. 30,
1965, unless otherwise noted.
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§ 25.01–1
46 CFR Ch. I (10–1–11 Edition)
Underwriter’s Laboratories (UL)
Subpart 25.01—Application
12
§ 25.01–1
Applicable to all vessels.
(a) The provisions of this part shall
apply to all vessels except as specifically noted.
§ 25.01–3
Incorporation by reference.
(a) Certain material is incorporated
by reference into this part with the approval of the Director of the Federal
Register in accordance with 5 U.S.C.
552(a). To enforce any edition other
than that specified in paragraph (b) of
this section, the Coast Guard must
publish notice of change in the FEDERAL REGISTER and make the material
available to the public. All approved
material is on file at the U.S. Coast
Guard, Office of Vessel Activities (CG–
543), 2100 2nd St. SW., Stop 7581, Washington, DC 20593–7581 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/federallregister/
codeloflfederallregulations/
ibrllocations.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:
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; USCG1999–6580, 66 FR 55091, Nov. 1, 2001; USCG–
2009–0702, 74 FR 49225, Sept. 25, 2009; USCG–
2010–0759, 75 FR 60002, Sept. 29, 2010]
§ 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.
46 CFR part or section where identified or described
Current
OMB control
No.
§ 25.45–2 ...........................................................
1625–0099
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
[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.
Society of Automotive Engineers (SAE)
§ 25.10–1 Applicability.
This subpart applies to vessel manufacturers, distributors, and dealers installing navigation lights on all
uninspected commercial vessels, except
those completed before November 7,
2002.
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
§ 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
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
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Coast Guard, DHS
§ 25.25–5
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.
§ 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 § 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 ll.’’ (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 ll.’’ (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.
§ 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.
§ 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.
§ 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
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§ 25.25–7
46 CFR Ch. I (10–1–11 Edition)
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]
§ 25.25–7
Marking.
The lifesaving equipment required by
this subpart must be legibly marked as
specified in subchapter Q of this chapter.
§ 25.25–9
Storage.
(a) The lifesaving equipment designed to be worn required in § 25.25–5
(b), (c) and (e) must be readily accessible.
(b) Lifesaving equipment designed to
be thrown required in § 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]
§ 25.25–11
Condition.
The lifesaving equipment required by
this subpart must be in serviceable
condition.
§ 25.25–13 Personal
lights.
flotation
device
(a) This section applies to vessels described in § 25.25–1 that engage in
ocean, coastwise, or Great Lakes voyages.
(b) Each immersion suit carried in
accordance with § 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]
§ 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.
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Coast Guard, DHS
§ 25.26–1
(b) Each item required to have
retroreflective material must have at
least 200 sq. cm (31 sq. in.) of material
attached to its front side, at least 200
sq. cm of material on its back side,
and, if the item is reversible, at least
200 sq. cm of material on each of its reversible sides. The material attached
on each side of the item must be divided equally between the upper quadrants of the side, and the material in
each quadrant must be attached as
closely as possible to the shoulder area
of the item.
[CGD 76–028, 44 FR 38783, July 2, 1979, as
amended by CGD 82–075a, 49 FR 4483, Feb. 7,
1984]
§ 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]
§ 25.25–19
Visual distress signals.
Each uninspected passenger vessel
must meet the visual distress signal re-
quirements 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.
§ 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 nonemergency 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]
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§ 25.26–5
46 CFR Ch. I (10–1–11 Edition)
§ 25.26–5 Commercial fishing industry
vessels.
(a) The owner of a fishing vessel, a
fish processing vessel, or a fish tender
vessel, 11 meters (36 feet) or more in
length, except for vessels described in
paragraph (b) or (c) of this section,
shall ensure that the vessel does not
operate on the high seas or beyond
three miles from the coastline of the
Great Lakes unless it has on board a
float-free,
automatically
activated
Category 1 406 MHz EPIRB stowed in a
manner so that it will float-free if the
vessel sinks.
(b) The owner of a fishing vessel, fish
processing vessel, or a fish tender vessel less than 11 meters (36 feet) in
length, or 11 meters or more in length
which has a builder’s certification that
the vessel is constructed with sufficient inherently buoyant material to
keep the flooded vessel afloat, shall ensure that the vessel does not operate
on the high seas or beyond three miles
from the coastline of the Great Lakes,
unless it has installed in a readily accessible location at or near the principal steering station—
(1) A manually activated Category 2
406 MHz EPIRB; or
(2) A float-free, automatically activated Category 1 406 MHz EPIRB.
(3) Until February 1, 1998, a 121.5/243.0
MHz EPIRB meeting § 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]
§ 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]
§ 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 § 25.26–5 or § 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]
§ 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
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Coast Guard, DHS
§ 25.30–10
is an EPIRB installed in a Coast Guard
approved inflatable liferaft that is tested annually during the servicing of the
liferaft by an approved servicing facility. The test shall be conducted in accordance with the manufacturer’s instructions, using the visual or audio indicator on the EPIRB. If the EPIRB is
not operating, it must be repaired or
replaced with an operating EPIRB.
(c) The battery of the EPIRB must be
replaced—
(1) Immediately after the EPIRB is
used for any purpose other than being
tested; and
(2) Before the expiration date that is
marked on the battery.
[CGD 87–016a, 58 FR 13367, Mar. 10, 1993; 58 FR
27658, May 11, 1993]
§ 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
§ 25.30–1
§ 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]
§ 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 handportable 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)
Application.
(a) The provisions of this subpart,
with the exception of § 25.30–90, shall
apply to all vessels contracted for on or
after November 19, 1952. Vessels contracted for prior to that date shall
meet the requirements of § 25.30–90.
Classification
B-I ................
B-II ...............
B-III ..............
B-IV ..............
Foam,
liters
(gallons)
Carbon dioxide,
kilograms
(pounds)
Dry chemical,
kilograms
(pounds)
2 (4)
7 (15)
16 (35)
23 (50)
1 (2)
4.5 (10)
9 (20)
13.5 (30)
6.5 (13⁄4)
9.5 (21⁄2)
45 (12)
75 (20)
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§ 25.30–15
46 CFR Ch. I (10–1–11 Edition)
TABLE 25.30–10(c)—Continued
Classification
B-V ...............
Foam,
liters
(gallons)
Carbon dioxide,
kilograms
(pounds)
Dry chemical,
kilograms
(pounds)
45 (100)
23 (50)
150 (40)
(d) All hand portable fire extinguishers and semiportable fire extinguishing systems shall have permanently attached thereto a metallic
name plate giving the name of the
item, the rated capacity in gallons,
quarts, or pounds, the name and address of the person or firm for whom
approved, and the identifying mark of
the actual manufacturer.
(e) Vaporizing-liquid type fire extinguishers containing carbon tetrachloride or chlorobromomethane or
other toxic vaporizing liquids are not
acceptable as equipment required by
this subchapter.
(f) Hand portable or semiportable extinguishers which are required on their
name plates to be protected from freezing shall not be located where freezing
temperatures may be expected.
(g) The use of dry chemical, stored
pressure, fire extinguishers not fitted
with pressure gauges or indicating devices, manufactured prior to January 1,
1965, may be permitted on motorboats
and other vessels so long as such extinguishers are maintained in good and
serviceable condition. The following
maintenance and inspections are required for such extinguishers:
(1) When the date on the inspection
record tag on the extinguishers shows
that 6 months have elapsed since last
weight check ashore, then such extinguisher is no longer accepted as meeting required maintenance conditions
until reweighed ashore and found to be
in a serviceable condition and within
required weight conditions.
(2) If the weight of the container is 1⁄4
ounce less than that stamped on container, it shall be serviced.
(3) If the outer seal or seals (which
indicate tampering or use when broken) are not intact, the boarding officer or marine inspector will inspect
such extinguisher to see that the frangible disc in neck of the container is
intact; and if such disc is not intact,
the container shall be serviced.
(4) If there is evidence of damage,
use, or leakage, such as dry chemical
powder observed in the nozzle or elsewhere on the extinguisher, the container shall be replaced with a new one
and the extinguisher properly serviced
or the extinguisher replaced with another approved extinguisher.
(h) The dry chemical, stored pressure, fire extinguishers without pressure gauges or indicating devices manufactured after January 1, 1965, shall
not be labeled with the marine type
label bed in § 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]
§ 25.30–15
tems.
Fixed fire-extinguishing sys-
(a) When a fixed fire-extinguishing
system is installed, it must be a type
approved or accepted by the Commandant (CG–521) or the Commanding
Officer, U.S. Coast Guard Marine Safety Center.
(b) If the system is a carbon-dioxide
type, then it must be designed and installed in accordance with subpart 76.15
of part 76 of subchapter H (Passenger
Vessels) of this chapter.
[USCG-2000–6931, 69 FR 34069, June 18, 2004, as
amended by USCG–2009–0702, 74 FR 49225,
Sept. 25, 2009]
§ 25.30–20 Fire extinguishing
ment required.
equip-
(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.
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Coast Guard, DHS
§ 25.30–20
3. Buoyant flotation material.
4. Open slatted flooring.
5. Ice chests.
TABLE 25.30–20(a)(1)
No fixed fire
extinguishing
system in machinery space
Fixed fire
extinguishing
system in machinery space
1
1
2
0
0
1
3
2
Under 16 ............................
16 and over, but under 26
26 and over, but under 40
40 and over, but not over
65 ...................................
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.
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.
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.
(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 § 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—
Over
Not over
Minimum number of B-II hand portable fire extinguishers
..................
50 .............
100 ...........
500 ...........
1,000 ........
50
100
500
1,000
................
1
2
3
6
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
EC01FE91.067
Length, feet
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EC01FE91.066
Minimum number of B-1 hand
portable fire extinguishers
required 1
§ 25.30–90
46 CFR Ch. I (10–1–11 Edition)
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]
§ 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 §§ 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 §§ 25.30–5 through 25.30–20.
(b) [Reserved]
Subpart 25.35—Backfire Flame
Control
§ 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
§ 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
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Coast Guard, DHS
§ 25.45–2
or fewer passengers are exempted from
the requirements of paragraph (a) for
fuel tank compartments that:
(1) Contain a permanently installed
fuel tank if each electrical component
is ignition protected in accordance
with 33 CFR 183.410(a); and
(2) Contain fuel tanks that vent to
the outside of the boat.
[CGFR 65–50, 30 FR 16653, Dec. 30, 1965, as
amended by CGD 76–082A, 44 FR 73047, Dec.
17, 1979; CGD 76–082A, 45 FR 7551, Feb. 4, 1980;
CGD 95–012, 60 FR 48048, Sept. 18, 1995; CGD
95–028, 62 FR 51196, Sept. 30, 1997]
Subpart 25.45—Cooking, Heating,
and Lighting Systems
§ 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–521),
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]
§ 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–521) except those
listed in § 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 A22.5.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.
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§ 25.50–1
46 CFR Ch. I (10–1–11 Edition)
(5) CNG installations using ABYC A22 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.
(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 § 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; USCG2000–7790, 65 FR 58458, Sept. 29, 2000; USCG–
2009–0702, 74 FR 49225, Sept. 25, 2009]
Subpart 25.50—Garbage
Retention
§ 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
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.
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Coast Guard, DHS
§ 26.03–2
SOURCE: CGFR 65–50, 30 FR 16656, Dec. 30,
1965, unless otherwise noted.
applicable portions of the sample emergency checkoff list which follows:
Subpart 26.01—Application
SAMPLE EMERGENCY CHECKOFF LIST
§ 26.01–1
Applicable to all vessels.
(a) The provisions of this part shall
apply to all vessels except as specifically noted.
Subpart 26.03—Special Operating
Requirements
§ 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
§ 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 § 26.03–1 and § 26.03–2.
[CGD 78–009, 45 FR 11109, Feb. 19, 1980, as
amended by USCG-1999–5040, 67 FR 34776, May
15, 2002]
§ 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
Measures to be considered in the event of:
(a) Rough weather at sea or crossing hazardous bars.
b All weathertight and watertight doors,
hatches and airports closed to prevent
taking water aboard.
b Bilges kept dry to prevent loss of stability.
b Passengers seated and evenly distributed.
b All passengers wearing life preservers in
conditions of very rough seas or if about
to cross a bar under hazardous conditions.
b An international distress call and a call to
the Coast Guard over radiotelephone
made if assistance is needed (if radiotelephone equipped).
(b) Man overboard.
b Ring buoy thrown overboard as close to
the victim as possible.
b Lookout posted to keep the victim in
sight.
b Crewmember, wearing a life preserver and
lifeline, standing by ready to jump into
the water to assist the victim back
aboard.
b Coast Guard and all vessels in the vicinity
notified by radiotelephone (if radiotelephone equipped).
b Search continued until after radiotelephone consultation with the Coast
Guard, if at all possible.
(c) Fire at Sea.
b Air supply to the fire cut off by closing
hatches, ports, doors, and ventilators,
etc.
b Portable extinguishers discharged at the
base of the flames of flammable liquid or
grease fires or water applied to fires in
combustible solids.
b If fire is in machinery spaces, fuel supply
and ventilation shut off and any installed fixed firefighting system discharged.
b Vessel maneuvered to minimize the effect
of wind on the fire.
b Coast Guard and all vessels in the vicinity
notified by radiotelephone of the fire and
vessel
location
(if
radiotelephone
equipped).
b 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
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§ 26.03–4
46 CFR Ch. I (10–1–11 Edition)
suitable mounting surface, an exclusion from the requirements of § 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]
§ 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;
(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]
§ 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 § 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 in-
dividual 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]
§ 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-forhire for the duration of the event.
Event sponsors seeking this determination must submit a written request to
the Commandant (CG–543) 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-forhire during a Marine Event of National
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Coast Guard, DHS
§ 26.20–1
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]
§ 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.
§ 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]
[USCG-1999–5040, 67 FR 34777, May 15, 2002]
§ 26.03–10
Subpart 26.15—Boarding
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.
§ 26.08–1 Notice and reporting of casualty and voyage records.
Subpart 26.20—Exhibition of Coast
Guard Credential
§ 26.20–1
[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]
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]
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.
Subpart 26.30—Work Vest
SOURCE: CGFR 68–65, 33 FR 19982, Dec. 28,
1968, unless otherwise noted.
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§ 26.30–1
46 CFR Ch. I (10–1–11 Edition)
§ 26.30–1 Approved unicellular plastic
foam work vests.
Subpart C—Fire-Suppression Equipment for
Towing Vessels
(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.
27.301 What are the requirements for fire
pumps, fire mains, and fire hoses on towing vessels?
27.303 What are the requirements for fireextinguishing 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 fireextinguishing equipment on towing vessels in ocean or coastal service whose
construction was contracted for on or
after August 27, 2003?
§ 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 § 25.25–10 of this subchapter.
§ 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
Subpart A—General Provisions for Fire-Protection Measures and Fire-Suppression
Equipment on Towing Vessels
Sec.
27.100 What towing vessels does this part affect?
27.101 Definitions.
27.102 Incorporation by reference.
Subpart B—Fire-Protection Measures for
Towing Vessels
27.201 What are the requirements for general alarms on towing vessels?
27.203 What are the requirements for fire detection on towing vessels?
27.205 What are the requirements for internal communication systems on towing
vessels?
27.207 What are the requirements for fuel
shut-offs on towing vessels?
27.209 What are the requirements for training crews to respond to fires?
27.211 What are the specifications for fuel
systems on towing vessels whose construction was contracted for on or after
January 18, 2000?
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
§ 27.100 What towing vessels does this
part affect?
(a) You must comply with this part if
your towing vessel operates on the navigable waters of the United States, unless your vessel is one exempt under
paragraph (b) of this section.
(b) This part does not apply to you if
your towing vessel is—
(1) Used solely for any of the following services or any combination of
these services—
(i) Within a limited geographic area,
such as a fleeting-area for barges or a
commercial facility, and used for restricted service, such as making up or
breaking up larger tows;
(ii) For harbor-assist;
(iii) For assistance towing as defined
by 46 CFR 10.103;
(iv) For response to emergency or
pollution;
(2) A public vessel that is both
owned, or demise chartered, and operated by the United States Government
or by a government of a foreign country; and that is not engaged in commercial service;
(3) A foreign vessel engaged in innocent passage; or
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Coast Guard, DHS
§ 27.102
(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.
(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.
§ 27.101
Definitions.
As used in this part—
Accommodation includes any:
(1) Messroom.
(2) Lounge.
(3) Sitting area.
(4) Recreation room.
(5) Quarters.
(6) Toilet space.
(7) Shower room.
(8) Galley.
(9) Berthing facility.
(10) Clothing-changing room.
Engine room means the enclosed area
where any main-propulsion engine is
located. It comprises all deck levels
within that area.
Fixed fire-extinguishing system means:
(1) A carbon-dioxide system that satisfies 46 CFR subpart 76.15 and is approved by the Commandant;
(2) A manually-operated clean-agent
system that satisfies the National Fire
Protection Association (NFPA) Standard 2001 (incorporated by reference in
§ 27.102) and is approved by the Commandant; or
(3) A manually-operated water-mist
system that satisfies NFPA Standard
750 (incorporated by reference in
§ 27.102) and is approved by the Commandant.
Fleeting-area means a separate location where individual barges are
moored or assembled to make a tow.
The barges are not in transport, but
are temporarily marshaled, waiting for
pickup by different vessels that will
transport them to various destinations.
A fleeting-area is a limited geographic
area.
Harbor-assist means docking and
undocking ships.
Limited geographic area means a local
area of operation, usually within a single harbor or port. The local Captain of
the Port (COTP) determines the definition of local geographic area for each
zone.
Operating station means the principal
steering station on the vessel, from
which the vessel is normally navigated.
Towing vessel means a commercial
vessel engaged in, or intending to engage in, pulling, pushing, or hauling
alongside, or any combination of pulling, pushing, or hauling alongside.
Towing vessel in inland service means a
towing vessel that is not in ocean or
coastal service.
Towing vessel in ocean or coastal service means a towing vessel that operates
beyond the baseline of the U.S. territorial sea.
We means the United States Coast
Guard.
Work space means any area on the
vessel where the crew could be present
while on duty and performing their assigned tasks.
You means the owner of a towing vessel, unless otherwise specified.
§ 27.102 Incorporation by reference.
(a) Certain material is incorporated
by reference into this part with the approval of the Director of the Federal
Register—in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. To enforce
any edition other than that specified in
paragraph (b) of this section, the Coast
Guard must publish notice of the
change in the FEDERAL REGISTER and
make the material available for inspection. All approved material is available
at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–
521), 21002nd St. SW., Stop 7126, Washington, DC 20593–7126, or from the
sources indicated in paragraph (b) of
this section, or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA, call
202–741–6030,
or
go
to:
http://
www.archives.gov/federallregister/
codeloflfederallregulations/
ibrllocations.html.
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§ 27.201
46 CFR Ch. I (10–1–11 Edition)
(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 .....................................
H–33–1989—Diesel Fuel Systems ...................................
National Fire Protection Association
(NFPA), 1 Batterymarch Park,
Quincy, MA 02269–9101
NFPA 302–1998—Fire Protection Standard for Pleasure,
and Commercial Motorcraft
NFPA
750—Standard
on
Water Mist Fire Protection
Systems, 2003 edition ..........
NFPA
2001—Standard
on
Clean Agent Fire Extinguishing Systems, 2000 edition .....................................
Society of Automotive Engineers
(SAE), 400 Commonwealth Drive,
Warrendale, PA 15096–0001
SAE
J1475–1984—Hydraulic
Hose Fitting for Marine Applications ...........................
SAE J1942–1989—Hose and
Hose Assemblies for Marine
Applications .......................
27.211
27.211
27.211
27.101
27.101
27.211
27.211
[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]
Subpart B—Fire-Protection
Measures for Towing Vessels
§ 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.
§ 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 engineroom-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 testswitch; and
(5) Labels for all switches and indicator lights, identifying their functions;
(e) The system draws power from two
sources, switchover from the primary
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Coast Guard, DHS
§ 27.209
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.
§ 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.
§ 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 in-
stalled. 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.
§ 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
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§ 27.211
46 CFR Ch. I (10–1–11 Edition)
(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.
§ 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 § 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–521). 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 § 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 § 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 § 27.102).
(2) Chapter 5 of NFPA 302 (incorporated by reference in § 27.102).
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Coast Guard, DHS
§ 27.305
(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
§ 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 selfpriming, 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 contol is located.
(c) The fire main must have a sufficient number of fire hydrants with attached hose to reach any part of the
machinery space using a single length
of fire hose.
(d) The hose must be lined commercial fire-hose, at least 40mm (1.5
inches) in diameter, 15 meters (50 feet)
in length, and fitted with a nozzle
made of corrosion-resistant material
capable of providing a solid stream and
a spray pattern.
(e) The portable fire pump must be
self-priming and power-driven, with—
(1) A minimum capacity of at least
300 lpm (80 gpm) at a discharge gauge
pressure of not less than 414 kPa (60
psi), measured at the pump discharge;
(2) A sufficient amount of lined commercial fire hose at least 40mm (1.5
inches) in diameter and 15 meters (50
feet) in length, immediately available
to attach to it so that a stream of
water will reach any part of the vessel;
and
(3) A nozzle made of corrosion-resistant material capable of providing a
solid stream and a spray pattern.
(f) You must stow the pump with its
hose and nozzle outside of the machinery space.
§ 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 handportable 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.
§ 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 handportable fire extinguishers required by
subpart 25.30 of this part; and
(2) An approved B-V semi-portable
fire-extinguishing system to protect
the engine room.
(b) You must have a fixed fire-extinguishing system installed to protect
the engine room of the vessel.
(c) This section does not apply to any
towing vessel pushing a barge ahead, or
hauling a barge alongside, when the
barge’s coastwise or Great Lakes route
is restricted (as indicated on its certificate of inspection), so that the barge
may operate ‘‘in fair weather only,
within 12 miles of shore,’’ or with
words to that effect.
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Pt. 28
46 CFR Ch. I (10–1–11 Edition)
PART
28—REQUIREMENTS
FOR
COMMERCIAL FISHING INDUSTRY
VESSELS
Subpart A—General Provisions
Sec.
28.10 Authority.
28.20 OMB control numbers.
28.30 Applicability.
28.40 Incorporation by reference.
28.50 Definition of terms used in this part.
28.60 Exemption letter.
28.65 Termination of unsafe operations.
28.70 Approved equipment and material.
28.73 Accepted organizations.
28.76 Similarly qualified organizations.
28.80 Report of casualty.
28.90 Report of injury.
28.95 Right of appeal.
Subpart B—Requirements for All Vessels
28.100 Applicability.
28.105 Lifesaving equipment—general requirements.
28.110 Life preservers or other personal flotation devices.
28.115 Ring life buoys.
28.120 Survival craft.
28.125 Stowage of survival craft.
28.130 Survival craft equipment.
28.135 Lifesaving equipment markings.
28.140 Operational readiness, maintenance,
and inspection of lifesaving equipment.
28.145 Distress signals.
28.150 Emergency Position Indicating Radio
Beacons (EPIRBs).
28.155 Excess fire detection and protection
equipment.
28.160 Portable fire extinguishers.
28.165 Injury placard.
Subpart C—Requirements for Documented
Vessels That Operate Beyond the
Boundary Lines or With More Than 16
Individuals On Board, or for Fish Tender
Vessels Engaged in the Aleutian Trade
28.200 Applicability.
28.205 Fireman’s outfit and self-contained
breathing apparatus.
28.210 First aid equipment and training.
28.215 Guards for exposed hazards.
28.225 Navigational information.
28.230 Compasses.
28.235 Anchors and radar reflectors.
28.240 General alarm system.
28.245 Communication equipment.
28.250 High water alarms.
28.255 Bilge pumps, bilge piping, and
dewatering systems.
28.260 Electronic position fixing devices.
28.265 Emergency instructions.
28.270 Instruction, drills, and safety orientation.
28.275 Acceptance criteria for instructors
and course curricula.
Subpart D—Requirements for Vessels
Which Have Their Keel Laid or Are at a
Similar Stage of Construction on or
After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate
With More Than 16 Individuals on
Board
28.300 Applicability and general requirements.
28.305 Lifesaving and signaling equipment.
28.310 Launching of survival craft.
28.315 Fire pumps, fire mains, fire hydrants,
and fire hoses.
28.320 Fixed gas fire extinguishing systems.
28.325 Fire detection systems.
28.330 Galley hood and other fire protection
equipment.
28.335 Fuel systems.
28.340 Ventilation of enclosed engine and
fuel tank spaces.
28.345 Electrical standards for vessels less
than 79 feet (24 meters) in length.
28.350 General requirements for electrical
systems.
28.355 Main source of electrical power.
28.360 Electrical distribution systems.
28.365 Overcurrent protection and switched
circuits.
28.370 Wiring methods and materials.
28.375 Emergency source of electrical power.
28.380 General structural fire protection.
28.385 Structural fire protection for vessels
that operate with more than 49 individuals on board.
28.390 Means of escape.
28.395 Embarkation stations.
28.400 Radar and depth sounding devices.
28.405 Hydraulic equipment.
28.410 Deck rails, lifelines, storm rails, and
hand grabs.
Subpart E—Stability
28.500 Applicability.
28.501 Substantial alterations.
28.505 Vessel owner’s responsibility.
28.510 Definitions of stability terms.
28.515 Submergence test as an alternative
to stability calculations.
28.520–28.525 [Reserved]
28.530 Stability instructions.
28.535 Inclining test.
28.540 Free surface.
28.545 Intact stability when using lifting
gear.
28.550 Icing.
28.555 Freeing ports.
28.560 Watertight and weathertight integrity.
28.565 Water on deck.
28.570 Intact righting energy.
28.575 Severe wind and roll.
28.580 Unintentional flooding.
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Coast Guard, DHS
28.590–28.630
§ 28.30
[Reserved]
Subpart F—Fish Processing Vessels
28.700 Applicability.
28.710 Examination and certification
compliance.
28.720 Survey and classification.
of
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 autopilot.
28.880 Hydraulic equipment.
28.885 Cargo gear.
28.890 Examination and certification of
compliance.
28.895 Loadlines.
28.900 Post accident inspection.
28.905 Repairs and alterations.
AUTHORITY: 46 U.S.C. 3316, 4502, 4505, 4506,
6104, 10603; Department of Homeland Security Delegation No. 0170.1.
SOURCE: CGD 88–079, 56 FR 40393, Aug. 14,
1991, unless otherwise noted.
Subpart A—General Provisions
§ 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]
§ 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.
46 CFR part or section where identified or described
Current OMB
control No.
§ 28.80 .............................................................
§ 28.90 .............................................................
§ 28.135 ...........................................................
§ 28.165 ...........................................................
§ 28.530 ...........................................................
§ 28.710 ...........................................................
§ 28.720 ...........................................................
1625–0061
1625–0061
1625–0061
1625–0061
1625–0061
1625–0061
1625–0061
[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as
amended by USCG-2004–18884, 69 FR 58344,
Sept. 30, 2004]
§ 28.30 Applicability.
(a) Except as provided in paragraph
(b) of this section, this part is applicable to all United States flag vessels not
inspected under this chapter that are
commercial fishing, fish processing, or
fish tender vessels. This includes vessels documented under the provisions
of subchapter G of this chapter and
vessels numbered by a State or the
Coast Guard under the provisions of 33
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§ 28.40
46 CFR Ch. I (10–1–11 Edition)
CFR subchapter S. Certain regulations
in this part apply only to limited categories of vessels. Specific applicability statements are provided at the
beginning of those regulations.
(b) This part does not apply to a
small boat or auxiliary craft that is deployed from a fishing industry vessel
for the purpose of handling fishing
gear.
[CGD
49822,
18884,
18884,
88–079, 56 FR 40393, Aug. 14, 1991; 56 FR
Oct. 1, 1991, as amended by USCG-2004–
69 FR 58344, Sept. 30, 2004; USCG–2004–
69 FR 68089, Nov. 23, 2004]
§ 28.40 Incorporation by reference.
(a) Certain material is incorporated
by reference into this part with the approval of the Director of the Federal
Register in accordance with 5 U.S.C.
552(a). To enforce any edition other
than that specified in paragraph (b) of
this section, the Coast Guard must
publish notice of change in the FEDERAL REGISTER and make the material
available to the public. All approved
material is on file at the U.S. Coast
Guard, Office of Design and Engineering Standards (CG–521), 2100 2nd St.
SW., Stop 7126, Washington, DC 20593–
7126 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/
federallregister/
codeloflfederallregulations/
ibrllocations.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 Systems ......................
E–8–1985—Alternating Current (AC) Electrical Systems on
Boats.
E–9–1981—Recommended Practices and Standards Covering
Direct Current (DC) Electrical Systems on Boats.
H–2–1989—Ventilation of Boats Using Gasoline ....................
H–25–1986—Portable Fuel Systems for Flammable Liquids ..
H–33–1989—Diesel Fuel Systems ............................................
P–1–1986—Installation of Exhaust 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 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 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 (also known as ANSI/
NFPA 70–1990).
302–1989—Pleasure and Commercial Motor Craft ..................
17–1985—Dry Chemical Extinguishing Systems .....................
17A-1986—Wet Chemical Extinguishing Systems ..................
Society of Automotive Engineers (SAE),
400 Commonwealth Drive, Warrendale, PA 15096;
SAE J 1475–1984—Hydraulic Hose Fitting for Marine Applications.
SAE J 1942–1989—Hose and Hose Assemblies for Marine Applications.
Underwriters Laboratories, Inc. (UL),
12 Laboratory Drive, Research Triangle Park, NC 27709–3995
UL 217–1985—Single and Multiple Station Smoke Detectors
28.345
28.345
28.345
28.340
28.335
28.335
28.380
28.535
28.135
28.350; 28.370; 28.865
28.335; 28.340; 28.345
28.330
28.330
28.880
28.405
28.325; 28.830
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Coast Guard, DHS
§ 28.50
UL 710–1990—Exhaust
Equipment.
Hoods
for
Commercial
Cooking
28.330
[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]
§ 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 § 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 Office of Vessel Activities, Fishing
Vessels Division, Commandant (CG5433), U.S. Coast Guard, 2100 2nd St.
SW., Stop 7581, Washington, DC 20593–
7581 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.
Commercial fishing industry vessel
means a fishing vessel, fish tender vessel, or a fish processing vessel.
Currently corrected means corrected
with changes contained in all Notice to
Mariners published by the Defense
Mapping Agency Hydrographic/Topographic Center.
Custom engineered means, when referring to a fixed gas fire extinguishing
system, a system that is designed for a
specific space requiring individual calculations for the extinguishing agent
volume, flow rate, and piping, among
other factors, for the space.
District Commander means an officer
of the Coast Guard designated as such
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§ 28.50
46 CFR Ch. I (10–1–11 Edition)
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-inCharge, 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.
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 § 28.76.
Switchboard means an electrical
panel which receives power from a generator, battery, or other electrical
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Coast Guard, DHS
§ 28.65
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, 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; USCG–
2010–0759, 75 FR 60002, Sept. 29, 2010]
§ 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
ations.
of
unsafe
oper-
(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
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§ 28.70
46 CFR Ch. I (10–1–11 Edition)
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]
§ 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]
§ 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.
§ 28.76 Similarly
tions.
qualified
organiza-
An organization desiring to be designated by the Commandant as a similarly qualified organization must request such designation in writing. As a
minimum the organization must verify
that it—
(a) Publishes standards for vessel design and construction which are as
widely available as and which are of
similar content to the standards published by the ABS;
(b) Performs periodic surveys in a
wide range of localities during and
after construction to ensure compliance with published standards, including drydock examinations, in a manner
similar to the ABS;
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Coast Guard, DHS
§ 28.80
(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.
§ 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
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
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§ 28.90
46 CFR Ch. I (10–1–11 Edition)
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]
§ 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.
§ 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
§ 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.
§ 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 § 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.
§ 28.110 Life preservers or other personal flotation devices.
(a) Except as provided by § 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 § 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 North of 32°N or South of
32°S; and Lake Superior.
Coastal Waters on the West
Coast of the United States
north of Point Reyes, CA; Beyond Coastal Waters, cold
water; and Lake Superior.
All other waters (Includes all
Great Lakes except Lake Superior).
Documented Vessel ..
Immersion suit or exposure suit.
28.135; 25.25–9(a); 25.25–13;
25.25–15.
All vessels .................
......do ..........................................
40 feet (12.2 meters)
or more in length.
Type I, Type V commercial hybrid, immersion suit, or exposure suit.1
Type I, Type II, Type III, Type V
commercial hybrid, immersion
suit, or exposure suit.1
Less than 40 feet
(12.2 meters) in
length.
Do.
28.135; 25.25–5(e); 25.25–5(f);
25.25–9(a); 25.25–13; 25.25–
15.
Do.
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.
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Coast Guard, DHS
§ 28.120
[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]
§ 28.115
Ring life buoys.
(a) Except as provided in paragraph
(b) of this section and § 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
Less than 16 feet
(4.9 meters).
16 feet (4.9 meters)
or more, but less
than 26 feet (7.9
meters).
26 feet (7.9 meters)
or more, but less
than 65 feet (19.8
meters).
65 feet (19.8 meters)
or more.
Devices required
None.
1 buoyant cushion, or ring life buoy
(Type IV PFD).
1 ring life buoy approval number
starting with 160.009 or 160.050;
orange; at least 24 inch (0.61 meters) size.
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]
§ 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 aggre-
gate capacity to accommodate the
total number of individuals on board.
(b) The requirements of this section
do not apply to vessels less than 10.97
meters (36 feet) in length with 3 or
fewer individuals on board which operate within 12 miles of the coastline.
(c) A buoyant apparatus may be substituted instead of the requirements in
this section for vessels 10.97 meters (36
feet) or more in length with 3 or fewer
individuals on board which operate
within 12 miles of the coastline.
(d) Each survival craft installed on
board a vessel before September 15,
1991, may continue to be used to meet
the requirements of this section provided the survival craft is—
(1) Of the same type as required in
Tables 28.120(a), 28.120(b), or 28.120(c),
as appropriate for the vessel type; and
(2) Maintained in good and serviceable condition.
(e) Each inflatable liferaft installed
on board a vessel before September 15,
1991, may continue to be used to meet
the requirements for an approved inflatable liferaft, provided the existing
liferaft is—
(1) Maintained in good and serviceable condition as required by Table
28.140; and
(2) Equipped with the equipment
pack required by Tables 28.120(a),
28.120(b), or 28.120(c), as appropriate for
the vessel type. Where no equipment
pack is specified in Tables 28.120(a),
28.120(b), or 28.120(c), a coastal service
pack is the minimum required.
(f) A lifeboat may be substituted for
any survival craft required by this section, provided it is arranged and
equipped in accordance with part 199 of
this chapter.
(g) The capacity of an auxiliary craft
carried on board a vessel that is integral to and necessary for normal fishing operations will satisfy the requirements of this section for survival craft,
except for an inflatable liferaft, provided the craft is readily accessible
during an emergency and is capable of
safely holding all individuals on board
the vessel. If the auxiliary craft is
equipped with a Coast Guard required
capacity plate, the boat must not be
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§ 28.120
46 CFR Ch. I (10–1–11 Edition)
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
Area
Vessel type
Beyond 50 miles of coastline .........................................
Between 20–50 miles of coastline, cold waters .............
Between 20–50 miles of coastline, warm waters ..........
Beyond Boundary Line, between 12–20 miles of coastline, cold waters.
Beyond Boundary Line, within 12 miles of coastline,
cold waters.
Beyond Boundary Line, within 12 miles of coastline,
cold waters.
Beyond Boundary Line, within 20 miles of coastline,
warm waters.
Inside Boundary Line, cold waters; or Lakes, bays,
sounds, cold waters; or Rivers, cold waters.
Inside Boundary Line, cold waters; or Lakes, bays,
sounds, cold waters; or Rivers, cold waters.
Inside Boundary Line, warm waters; or Lakes, bays,
sounds, warm waters; or Rivers, warm waters.
Great Lakes, cold waters ...............................................
Great Lakes, cold waters ...............................................
Great Lakes, beyond 3 miles of coastline, warm waters
Great Lakes, within 3 miles of coastline, warm waters
All
All
All
All
Survival craft required
.......................................
.......................................
.......................................
.......................................
Inflatable
Inflatable
Inflatable
Inflatable
liferaft with SOLAS A pack.
liferaft with SOLAS B pack.
liferaft.
liferaft.
10.97 meters (36 feet) or
more in length.
Less than 10.97 meters (36
feet) in length.
All .......................................
Inflatable buoyant apparatus. See note 2.
Buoyant apparatus.
See note 2.
Life float. See note 2.
10.97 meters (36 feet) or
more in length.
Less than 10.97 meters (36
feet) in length.
All .......................................
Inflatable buoyant apparatus.
See note 2.
Buoyant apparatus.
See note 2.
None.
10.97 meters (36 feet) or
more in length.
Less than 10.97 meters (36
feet) in length.
All .......................................
All .......................................
Inflatable buoyant apparatus.
See note 2.
Buoyant apparatus.
See note 2.
Buoyant apparatus. See note 2.
None.
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 § 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
Area
Vessel type
Survival craft required
Beyond 20 miles of coastline .........................................
Beyond Boundary Line, between 12–20 miles of coastline, cold waters.
Beyond Boundary Line, within 12 miles of coastline,
cold waters.
Beyond Boundary Line, within 12 miles of coastline,
cold waters.
Beyond Boundary Line, within 20 miles of coastline,
warm waters.
Inside Boundary Line, cold waters; or Lakes, bays,
sounds, cold waters; or rivers, cold water.
Inside Boundary Line, cold waters; or Lakes, bays,
sounds, cold waters; or Rivers, cold water.
Inside Boundary Line, warm waters; or Lakes, bays,
sounds, warm waters; or Rivers, warm waters.
Great Lakes, cold waters ...............................................
All .......................................
All .......................................
Inflatable buoyant apparatus.
Inflatable buoyant apparatus.
10.97 meters (36 feet) or
more in length.
Less than 10.97 meters (36
feet) in length.
All .......................................
Buoyant apparatus.
10.97 meters (36 feet) or
more in length.
Less than 10.97 meters (36
feet) in length.
All .......................................
All .......................................
Great Lakes, beyond 3 miles of coastline warm waters
All .......................................
Great Lakes, within 3 miles of coastline warm waters ..
All .......................................
Buoyant apparatus.
See note 2.
Life float. See note 2.
Buoyant apparatus.
Buoyant apparatus
See note 2.
None.
Buoyant apparatus.
See note 2.
Buoyant apparatus.
See note 2.
None.
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 § 28.120 (b) and (c) for carriage substitution.
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Coast Guard, DHS
§ 28.130
TABLE 28.120(c)—SURVIVAL CRAFT FOR UNDOCUMENTED VESSELS WITH MORE THAN 16
INDIVIDUALS ON BOARD
Area
Vessel type
Beyond 50 miles of coastline .........................................
Between 20–50 miles of coastline, cold waters .............
Between 20–50 miles of coastline, warm waters ..........
Beyond Boundary Line, between 12–20 miles of coastline, cold waters.
Beyond Boundary Line, within 12 miles of coastline,
cold waters.
Beyond Boundary Line, within 12 miles of coastline,
cold waters.
Beyond Boundary Line, within 20 miles of coastline,
warm waters.
Inside Boundary Line, cold waters; or Lakes, bays,
sounds, cold waters; or Rivers, cold waters.
Inside Boundary Line, cold waters; or Lakes, bays,
sounds, cold waters; or Rivers, cold waters.
Inside Boundary Line, warm waters; or Lakes, bays,
sounds, warm waters; or Rivers, warm waters.
Great Lakes, cold waters ...............................................
Great Lakes, cold waters ...............................................
Great Lakes, beyond 3 miles of coastline warm waters
Great Lakes, within 3 miles of coastline warm waters ..
All
All
All
All
Survival craft required
.......................................
.......................................
.......................................
.......................................
10.97 meters (36 feet) or
more in length.
Less than 10.97 meters (36
feet) in length.
All .......................................
10.97 meters (36 feet) or
more in length.
Less than 10.97 meters (36
feet) in length.
All .......................................
10.97 meters (36 feet) or
more in length.
Less than 10.97 meters (36
feet) in length.
All .......................................
All .......................................
Inflatable
Inflatable
Inflatable
Inflatable
liferaft with SOLAS A pack.
liferaft with SOLAS B pack.
liferaft.
liferaft.
Inflatable bouyant apparatus.
Buoyant apparatus.
Life float.
Inflatable buoyant apparatus.
Buoyant apparatus.
None.
Inflatable buoyant apparatus.
Buoyant apparatus.
Buoyant apparatus.
None.
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]
§ 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.
§ 28.130
Survival craft equipment.
(a) General. Each item of survival
craft equipment must be of good quality, effective for the purpose it is intended to serve, and secured to the
craft.
(b) Inflatable liferafts. Each inflatable
liferaft must have one of the following
equipment packs as shown by the
markings on its container:
(1) Coastal Service;
(2) SOLAS B Pack (formerly ‘‘Limited Service’’); or
(3) SOLAS A Pack (formerly ‘‘Ocean
Service’’).
(c) Each life float and buoyant apparatus must be fitted with a lifeline,
pendants, a painter, and a floating
electric water light approved under
part 161 subpart 161.010 of this chapter.
(d) Other survival craft. A vessel must
not carry survival craft other than inflatable liferafts, life floats, inflatable
buoyant apparatus, or buoyant apparatus, such as lifeboats or rigid liferafts, unless the survival craft and
launching equipment comply with the
requirements for installation, arrangement, equipment, and maintenance
contained in 46 CFR part 199.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as
amended by CGD 84–069, 63 FR 52813, Oct. 1,
1998]
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§ 28.135
46 CFR Ch. I (10–1–11 Edition)
(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.
§ 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.
TABLE 28.135—LIFESAVING EQUIPMENT MARKINGS
Markings Required
Item
Name of vessel
Wearable personal flotation device (Type I, II, III, or wearable
Type V); Immersion suit or exposure suit.
Ring life buoy .............................................................................
Inflatable liferaft .........................................................................
Inflatable buoyant apparatus .....................................................
Life float .....................................................................................
Buoyant apparatus .....................................................................
Auxiliary craft .............................................................................
EPIRB ........................................................................................
NOTE: No marking other than that provided by the manufacturer and the servicing
facility is required.
Retroflective material
See § 28.135(d) .......................
Type I or Type II.
X ..............................................
See note ..................................
See note ..................................
X ..............................................
X ..............................................
X ..............................................
X ..............................................
Type II.
See note.
See note.
Type II.
Type II.
Type II.
Type II.
(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.
[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]
§ 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:
TABLE 28.140—SCHEDULED MAINTENANCE AND INSPECTION OF LIFESAVING EQUIPMENT
Interval
Item
Regulation
Monthly
Annually
..................
Servicing ...............................
28.140
..................
Inspect, clean and repair as
necessary.
Inspect, clean and repair as
necessary.
Servicing 1 ............................
Servicing 1 ............................
28.140
(1) Inflatable wearable personal flotation device (Type V
commercial hybrid).
(2) Personal flotation devices, exposure suits and immersion suits.
(3) Buoyant apparatus and life floats ..................................
..................
(4) Inflatable liferaft ..............................................................
(5) Inflatable buoyant apparatus ..........................................
..................
..................
28.140
28.140
28.140
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Coast Guard, DHS
§ 28.160
TABLE 28.140—SCHEDULED MAINTENANCE AND INSPECTION OF LIFESAVING EQUIPMENT—Continued
Interval
Item
Regulation
Monthly
Annually
(6) Hydrostatic release ........................................................
(7) Disposable hydrostatic release ......................................
..................
..................
(8) Undated batteries ...........................................................
(9) Dated batteries 2 and other items ..................................
..................
..................
(10) EPIRB ...........................................................................
Test ..........
Servicing 1 ............................
Replace on or before expiration date.
Replace ................................
Replace on or before expiration date.
...............................................
28.140
28.140
28.140
25.26–50, 28.140
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]
§ 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
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.
3 parachute flares, approval
series 160.136; plus 6 hand
flares, approval series
160.121; plus 3 smoke signals, approval series
160.122.
3 parachute flares, approval
series 160.136, or 160.036;
plus 6 hand flares, approval
series 160.121 or 160.021;
plus 3 smoke signals, approval series 160.122,
160.022, or 160.037.
Night visual distress signals
consisting of one 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
§ 28.155 Excess fire detection and protection equipment.
flares are carried, the same 3 flares may be counted toward meeting both the day and night requirement.
(a) Each vessel must meet the requirements of part 25, subpart 25.30 of
this chapter.
(b) Each vessel 65 feet (19.8 meters) or
more in length must be equipped with
the minimum number, location, and
type of portable fire extinguishers
specified in table 28.160.
Ocean, more than 50 miles
from coastline.
Ocean, 3–50 miles from the
coastline; or more than 3
miles from the coastline on
the Great Lakes.
Coastal waters, excluding
the Great Lakes; or within
3 miles of the coastline on
the Great Lakes.
1 If
[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as
amended at 60 FR 48048, Sept. 18, 1995; USCG2000–7790, 65 FR 58458, Sept. 29, 2000]
§ 28.150 Emergency
Position
Indicating Radio Beacons (EPIRBs).
Each vessel must be equipped with an
emergency position indicating radio
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.
§ 28.160
Portable fire extinguishers.
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§ 28.165
46 CFR Ch. I (10–1–11 Edition)
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 corridors ........
A-II ...............
Pilothouse .....................................................
Service spaces, galleys ................................
C-I ................
B-II or C-II ....
Paint lockers .................................................
Accessible baggage and storerooms ...........
B-II ...............
A-II ...............
Work shops and similar spaces ...................
Machinery spaces; Internal combustion propelling machinery.
Electric propulsion motors or generator unit
of open type.
Auxiliary spaces ............................................
Internal combustion machinery .....................
Electric emergency motors or generators ....
A-II ...............
B-II ...............
C-II ...............
1 in each main corridor not more than 150 feet (49.2 meters)
apart. (May be located in stairways.)
2 in vicinity of exit.
1 for each 2,500 square feet (269.1 sq. meters) or fraction thereof
suitable for hazards involved.
1 outside space in vicinity of exit.
1 for each 2,500 square feet (269.1 sq. meters) or fraction thereof
located in the vicinity of exits, either inside or outside the
spaces.
1 outside the space in vicinity of exit.
1 for each 1,000 brake horsepower or fraction thereof but not less
than 2 nor more than 6.
1 for each propulsion motor generator unit.
B-II ...............
B-II ...............
C-II ...............
1 outside the space in the vicinity of exit.
1 outside the space in the vicinity of exit.
1 outside the space in the vicinity of exit.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR 47679, Sept. 20, 1991]
§ 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:
[CGD 94–025, 60 FR 54444, Oct. 24, 1995]
§ 28.205 Fireman’s outfits and self-contained breathing apparatus.
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
§ 28.200
(b) Operates with more than 16 individuals on board; or
(c) Is a fish tender vessel engaged in
the Aleutian trade.
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;
(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.
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Coast Guard, DHS
§ 28.230
§ 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 § 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 § 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.
sonnel, 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.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as
amended by CGD 95–012, 60 FR 48048, Sept. 18,
1995]
[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]
§ 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 per-
§ 28.225 Navigational information.
(a) Each vessel must have at least
the following navigational information
on board:
(1) Marine charts of the area to be
transited, published by the National
Ocean Service, the National Imagery
and Mapping Agency, U.S. Army Corps
of Engineers, or a river authority
that—
(i) Are of a large enough scale and
have enough detail to make safe navigation of the area possible; and
(ii) Are currently corrected.
(2) For the area to be transited, a
currently corrected copy of, or applicable currently corrected extract from,
each of the following publications:
(i) U.S. Coast Pilot; and
(ii) Coast Guard Light List.
(3) For the area to be transited, the
current edition of, or applicable current extract from, each of the following
publications:
(i) Tide tables promulgated by the
National Ocean Service; and
(ii) Tidal current tables promulgated
by the National Ocean Service, or a
river current publication issued by the
U.S. Corps of Engineers or a river authority.
(b) Each vessel of 39.4 feet (12 meters)
or more in length that operates shoreward of the COLREG Demarcation
Lines, as set forth in 33 CFR part 80,
must carry on board and maintain for
ready reference a copy of the Inland
Navigation Rules, as set forth in 33
CFR chapter I, subchapter E.
§ 28.230 Compasses.
Each vessel must be equipped with an
operable magnetic steering compass
with a compass deviation table at the
operating station.
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§ 28.235
46 CFR Ch. I (10–1–11 Edition)
§ 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.
§ 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]
§ 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 trans-
mitting and receiving on the frequency
or frequencies within the 156–162 MHz
band necessary to communicate with a
public coast station or U.S. Coast
Guard station serving the area in
which the vessel is operating.
(2) Each vessel that operates more
than 20 miles from the coastline, in addition to the VHF radiotelephone required by paragraph (a)(1) of this section, must be equipped with a radiotelephone transceiver capable of transmitting and receiving on frequencies in
the 2–4 MHz band necessary to communicate with a public coast station or
U.S. Coast Guard station serving the
area in which the vessel is operating.
(3) Each vessel that operates more
than 100 miles from the coastline, in
addition to the communication equipment required by paragraph (a)(1) of
this section must be equipped with a
radiotelephone transceiver capable of
transmitting and receiving on frequencies in the 2–27.5 MHz band necessary to communicate with a public
coast station or U.S. Coast Guard station serving the area in which the vessel is operating.
(4) Each vessel that operates in waters contiguous to Alaska where no
public coast station or U.S. Coast
Guard station is within communications range of a VHF radio transceiver
operating on the 156–162 MHz band or
the 2–4 MHz band, in addition to the
VHF radio communication equipment
required by paragraph (a)(1) of this section, must be equipped with a radiotelephone transceiver capable of transmitting and receiving on frequencies in
the 2–27.5 MHz band necessary to communicate with a public coast station or
a U.S. Coast Guard station serving the
area in which the vessel is operating.
(b) A single radio transceiver capable
of meeting the requirements of paragraphs (a) (2) and (3), or paragraphs (a)
(2), (3), and (4) of this section, is acceptable.
(c) Satellite communication capability with the system servicing the
area in which the vessel is operating is
acceptable as an alternative to the requirements of paragraphs (a)(2), (a)(3),
or (a)(4) of this section.
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Coast Guard, DHS
§ 28.255
(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
§ 28.375.
§ 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.
§ 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
§ 28.315, a bilge pump may be used for
other purposes.
(f) Except where an individual pump
is provided for a separate space or for a
portable pump, each individual bilge
suction line must be led to a manifold.
Each bilge suction line must be provided with a stop valve at the manifold
and a check valve at some accessible
point in the bilge line to prevent unintended flooding of a space.
(g) Each bilge suction line and
dewatering system suction must be
fitted with a suitable strainer to prevent clogging of the suction line.
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§ 28.260
46 CFR Ch. I (10–1–11 Edition)
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.
§ 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.
§ 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.
(vi) Manning of fire parties assigned
to deal with fires.
(vii) Special duties required for the
operation of fire fighting equipment.
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Coast Guard, DHS
§ 28.270
(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]
§ 28.270 Instruction, drills, and safety
orientation.
(a) Drills and instruction. The master
or individual in charge of each vessel
must ensure that drills are conducted
and instruction is given to each individual on board at least once each
month. Instruction may be provided in
conjunction with drills or at other
times and places provided it ensures
that each individual is familiar with
their duties and their responses to at
least the following contingencies:
(1) Abandoning the vessel;
(2) Fighting a fire in different locations on board the vessel;
(3) Recovering an individual from the
water;
(4) Minimizing the effects of unintentional flooding;
(5) Launching survival craft and recovering lifeboats and rescue boats;
(6) Donning immersion suits and
other wearable personal flotation devices;
(7) Donning a fireman’s outfit and a
self-contained breathing apparatus, if
the vessel is so equipped;
(8) Making a voice radio distress call
and using visual distress signals;
(9) Activating the general alarm; and
(10) Reporting inoperative alarm systems and fire detection systems.
(b) Participation in drills. Drills must
be conducted on board the vessel as if
there were an actual emergency and
must include participation by all individuals on board, breaking out and
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§ 28.275
46 CFR Ch. I (10–1–11 Edition)
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 § 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; USCG2002–13058, 67 FR 61278, Sept. 30, 2002]
§ 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 § 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 § 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
unispected 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 § 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]
EDITORIAL NOTE: At 74 FR 11264, Mar. 16,
2009, § 28.275 was amended; however, a portion
of the amendment could not be incorporated
due to inaccurate amendatory instruction.
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Coast Guard, DHS
§ 28.320
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.
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]
§ 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 §§ 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.
§ 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.
§ 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.
§ 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
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§ 28.325
46 CFR Ch. I (10–1–11 Edition)
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]
§ 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.’’
§ 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.
§ 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.
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Coast Guard, DHS
§ 28.345
(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).
§ 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.
§ 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 §§ 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 §§ 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 § 28.370.
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§ 28.350
46 CFR Ch. I (10–1–11 Edition)
§ 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.
§ 28.355 Main
power.
source
of
electrical
(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.
§ 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.
§ 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.
§ 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
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Coast Guard, DHS
§ 28.380
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.
§ 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]
§ 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.
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§ 28.385
46 CFR Ch. I (10–1–11 Edition)
(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]
§ 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 § 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]
§ 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]
§ 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
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Coast Guard, DHS
§ 28.500
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.
§ 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.
§ 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.
§ 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 391⁄2
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
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
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§ 28.501
46 CFR Ch. I (10–1–11 Edition)
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
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
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Coast Guard, DHS
§ 28.515
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.
(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
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§§ 28.520–28.525
46 CFR Ch. I (10–1–11 Edition)
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]
§§ 28.520–28.525
[Reserved]
§ 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.
§ 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
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Coast Guard, DHS
§ 28.545
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 § 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]
§ 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.
§ 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 § 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 § 170.050 of
this chapter, must comply with the requirements of this section, except that
the area described in paragraph (b) of
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§ 28.550
46 CFR Ch. I (10–1–11 Edition)
this section must be at least 10 foot-degrees (0.053 meter-radians).
§ 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]
§ 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).
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Coast Guard, DHS
§ 28.565
(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]
§ 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.
§ 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.
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§ 28.570
§ 28.570
46 CFR Ch. I (10–1–11 Edition)
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 radi-
ans) 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
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EC01FE91.068
328
Coast Guard, DHS
§ 28.575
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 § 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.
§ 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(Vn2AnZn)/W
where:
K=0.00216 when consistent English units are
used or 1.113 when consistent metric units
are used.
En=series summation notation where n varies from 1 to the number of elements in the
series;
Vn=S[0.124LN(0.3048hn)+0.772], in feet per second S[0.127LN(hn)+0.772], in meters per second and is the wind speed for profile element ‘‘n’’ on a vessel;
S=64 (19.5, if metric units are used) for a
vessel that operates on protected waters;
or 85.3 (26, if metric units are used) for a
vessel that operates on waters other than
protected waters;
LN=natural logarithm;
hn=the vertical distance from the centroid of
area An to the waterline for profile element
n, in feet (meters);
An=projected lateral area for profile element
n, in square feet (square meters);
Zn=the vertical distance between the centroid of An and a point at the center of the
underwater lateral area or a point at approximately one-half of the draft, for profile element n, in feet; and
W=displacement of the loaded vessel, in
pounds (Newtons).
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 § 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
(c) The angle of roll to windward, A1,
is measured from the equilibrium
angle, Ael, and is calculated by the following formula:
B/d
X
2.4
2.5
2.6
2.7
2.8
2.9
3.0
3.1
3.2
1.0
0.98
0.96
0.95
0.93
0.91
0.90
0.88
0.86
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§ 28.580
46 CFR Ch. I (10–1–11 Edition)
TABLES 28.575—ROLL FACTORS—Continued
B/d
X
3.3
3.4
3.5
0.84
0.82
0.80
Note. Intermediate
interpolation.
values
must
be
obtained
Y
0.45
0.50
0.55
0.60
0.93
0.70
0.75
0.82
0.89
0.95
0.97
1.0
values
must
100Ak/(LB)
be
k
1.0
1.5
2.0
2.5
3.0
3.5
4.0
0.98
0.95
0.88
0.79
0.74
0.72
0.70
by
Note. Intermediate
interpolation.
Cb
Note. Intermediate
interpolation.
100Ak/(LB)
obtained
by
k
0
must
be
obtained
T
S
6
7
8
12
14
16
18
20
0.100
0.098
0.093
0.065
0.053
0.044
0.038
0.035
Note: Intermediate
interpolation.
1.0
values
values
must
be
obtained
by
by
[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]
§ 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.
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ER29SE08.000
330
Coast Guard, DHS
§ 28.580
(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
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§ 28.580
46 CFR Ch. I (10–1–11 Edition)
meeting the requirements of paragraphs (c) through (g) of this section.
[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]
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EC01FE91.070
332
Coast Guard, DHS
§§ 28.590–28.630
§ 28.805
[Reserved]
Subpart F—Fish Processing Vessel
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
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§ 28.810
46 CFR Ch. I (10–1–11 Edition)
§ 28.810 Deck rails, lifelines,
rails and hand grabs.
storm
(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
(391⁄2 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.
§ 28.815 Bilge pumps, bilge piping, and
dewatering systems.
Instead of meeting the requirements
of § 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.
§ 28.820 Fire pumps, fire mains, fire
hydrants, and fire hoses.
(a) Each vessel must be equipped
with a self-priming, power driven fire
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Coast Guard, DHS
§ 28.825
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 § 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 (11⁄2’’) 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.
§ 28.825 Excess fire detection and protection equipment.
Instead of meeting the requirements
of § 28.155, each vessel to which this
subpart applies must meet the following requirements:
(a) Installation of fire detection and
protection equipment in excess of that
required by the regulations in this Subchapter is permitted provided that the
excess equipment does not endanger
the vessel or individuals on board in
any way. The excess equipment must,
at a minimum, be listed and labeled by
an independent, nationally recognized
testing laboratory and be in accordance with an appropriate industry
standard for design, installation, testing, and maintenance.
(b) An existing fixed gas fire extinguishing system that is in excess of the
required fire protection equipment required by subparts A, B, and C of this
part, may remain in place and continue
in service as long as all parts of the
system are maintained in good condition to the satisfaction of the Coast
Guard Representative, and subject to
the following:
(1) A fixed fire extinguishing system
capable of automatic discharge upon
heat detection, may only be installed
in a normally unoccupied space. For
the purpose of this section, the machinery space aboard a fish tender operating in the Aleutian trade is considered occupied.
(2) A fixed fire extinguishing system
must:
(i) Be capable of manual actuation
from outside the space protected;
(ii) Produce an audible alarm to indicate the discharge of the extinguishing
agent for 20 seconds before the extinguishing agent is released into the
space;
(iii) The branch line valves of all fire
extinguishing systems shall be plainly
and permanently marked indicating
the spaces serviced;
(iv) The control cabinets or spaces
containing valves or manifolds for the
various fire extinguishing systems
shall be distinctly marked in conspicuous red letters at least 5.08 centimeters (2 inches) high:
[CGD 94–025, 60 FR 54444, Oct. 24, 1995, as
amended by USCG–2010–0759, 75 FR 60002,
Sept. 29, 2010]
‘‘HALON FIRE SYSTEM’’
‘‘CARBON DIOXIDE FIRE SYSTEM’’ or
‘‘FOAM FIRE SYSTEM’’, as the case may be;
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§ 28.830
46 CFR Ch. I (10–1–11 Edition)
(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]
§ 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 § 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’’.
§ 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.
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Coast Guard, DHS
§ 28.860
(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.
§ 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.
§ 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 § 111.105 of this chapter.
(e) Metallic enclosures and frames of
electrical equipment must be grounded.
§ 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.
§ 28.855 Electrical
tems.
distribution
(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.
§ 28.860 Overcurrent
switched circuits.
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and
(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
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§ 28.865
46 CFR Ch. I (10–1–11 Edition)
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.
§ 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 § 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.
§ 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.
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Coast Guard, DHS
§ 28.885
§ 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
§ 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.
§ 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.
§ 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,
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§ 28.890
46 CFR Ch. I (10–1–11 Edition)
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.
§ 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 sec-
tion 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.
§ 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.
§ 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.
§ 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.
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SUBCHAPTER D—TANK VESSELS
PART 30—GENERAL PROVISIONS
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
30.30–3
30.30–5
30.30–7
30.30–9
30.30–11
Scope and purpose.
Evaluation materials.
Submission of evaluation materials.
Availability of materials.
Evaluation.
Determinations.
AUTHORITY: 46 U.S.C. 2103, 3306, 3703; Pub.
L. 103–206, 107 Stat. 2439; 49 U.S.C. 5103, 5106;
Department of Homeland Security Delegation No. 0170.1; Section 30.01–2 also issued
under the authority of 44 U.S.C. 3507; Section
30.01–05 also issued under the authority of
Sec. 4109, Pub. L. 101–380, 104 Stat. 515.
SOURCE: CGFR 65–50, 30 FR 16657, Dec. 30,
1965, unless otherwise noted.
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§ 30.01–1
46 CFR Ch. I (10–1–11 Edition)
Subpart 30.01—Administration
§ 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]
§ 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.
46 CFR part or section where identified or described
Current
OMB control
No.
§ 31.10–5(a) .......................................................
§ 31.10–21 .........................................................
§ 31.10–22 .........................................................
§ 31.10–32 .........................................................
§ 31.10–33 .........................................................
§ 31.37–15 .........................................................
§ 31.40–35 .........................................................
§ 35.20–7 ...........................................................
§ 35.35–30 .........................................................
§ 39.10–13 .........................................................
1625–0038
1625–0032
1625–0032
1625–0038
1625–0038
1625–0038
1625–0038
1625–0064
1625–0039
1625–0038
[49 FR 38120, Sept. 27, 1984, as amended by
CGD 89–037, 57 FR 41821, Sept. 11, 1992; USCG2004–18884, 69 FR 58345, Sept. 30, 2004]
§ 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 avail-
able 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/federallregister/
codeloflfederallregulations/
ibrllocations.html. Also, it is available
for inspection at the Coast Guard, Office of Design and Engineering Standards (CG–521), 2100 2nd St. SW., Stop
7126, Washington, DC 20593–7126, 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
§§ 30.10–22; 30.10–59.
(2) [Reserved]
[USCG–2009–0702, 74 FR 49226, Sept. 25, 2009]
§ 30.01–5 Application of regulations—
TB/ALL.
NOTE: 33 CFR subchapter O (parts 151
through 157) contains additional design,
equipment, and operations requirements relating to pollution prevention for vessels
that carry oil.
(a) The regulations in this subchapter contain requirements for materials, design, construction, inspection, manning, and operation of tank
vessels, including handling and stowage of cargo and duties of officers and
crew. However, vessels certificated as
passenger, cargo, and miscellaneous
vessels, whose principal purpose or use
is not the carriage of flammable or
combustible liquid cargo in bulk, may
be granted a permit to carry limited
quantities of flammable or combustible
liquid cargo in bulk in the grades indicated:
(1) Passenger vessels:
(i) Grade E in an integral tank; and
(ii) Grade E in a portable tank, including a marine portable tank (MPT),
in accordance with subpart 98.30 or
98.33 of this chapter.
(2) Cargo vessels:
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§ 30.01–5
(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 oildrilling-rig vessels:
(i) Grades B, C, D, and E in a fixed
independent or integral tank authorized by the Commandant; and
(ii) Grades D and E and certain specifically named Grade C in a portable
tank, including an MPT, in accordance
with subpart 98.30 or 98.33 of this chapter.
(b) [Reserved]
(c) The vessels and services to which
each regulation applies are indicated
by letters in the heading of the section
or paragraph. The first letter or two
letters indicate the type of vessel and
the letter or letters following the oblique line indicate the waters in which
such vessels may operate. These letters
are described as follows:
(1) ‘‘T’’ signifies a tankship.
(2) ‘‘B’’ signifies a tank barge when it
precedes an oblique line; or it signifies
service on bays, sounds, and lakes
other than the Great Lakes when it follows an oblique line.
(3) ‘‘ALL’’ signifies service on all waters.
(4) ‘‘O’’ signifies service on ocean waters.
(5) ‘‘C’’ signifies services on coastwise
waters.
(6) ‘‘L’’ signifies service on Great
Lakes waters.
(7) ‘‘R’’ signifies service on river waters.
(d) This subchapter is applicable to
all U.S.-flag vessels indicated in Column 2 of Table 30.01–5(d), except as follows:
(1) Any vessel operating exclusively
on inland waters which are not navigable waters of the United States.
(2) Any vessel while laid up and dismantled and out of commission.
(3) With the exception of vessels of
the U.S. Maritime Administration, any
vessel with title vested in the United
States and which is used for public purposes.
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§ 30.01–5
46 CFR Ch. I (10–1–11 Edition)
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Coast Guard, DHS
§ 30.01–5
(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
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351
§ 30.01–6
46 CFR Ch. I (10–1–11 Edition)
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
§ 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 § 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 § 2.01–13 of subchapter
A (Procedures applicable to the Public)
of this chapter.
(g) Manned barges carrying any of
the cargoes listed in Table 30.25–1 will
be considered individually by the Commandant and may be required to comply with the requirements of subchapter O of this chapter, as applicable, as well as the requirements of this
subchapter.
(h) Subpart 30.30 contains procedures
for evaluating vessel personnel licensing and certification programs of foreign countries which license or certificate personnel serving on tank vessels
that enter or operate in U.S. navigable
waters and ports.
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 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.
§ 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
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§ 30.10–5b
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; USCG2001–10224, 66 FR 48619, Sept. 21, 2001]
§ 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.
§ 30.01–10 Application of regulations
governing alterations or repairs—
TB/ALL.
When major alterations or major repairs of tank vessels become necessary
the work shall be done under the direction of the Officer in Charge, Marine
Inspection, and shall be in accordance
with the regulations in effect for new
construction insofar as possible. When
minor alterations or minor repairs of
tank vessels become necessary such
work shall be under the direction of
the Officer in Charge, Marine Inspection, and shall be in accordance with
the regulations in effect at the time
the vessel was contracted for or built,
or in accordance with the regulations
in effect for new construction insofar
as possible.
§ 30.01–15 Effective
tions—TB/ALL.
date
of
regula-
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
§ 30.10–1 Definition of terms—TB/ALL.
Certain terms used in the regulations
in this subchapter are defined in this
subpart.
§ 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]
§ 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]
§ 30.10–3 Approved—TB/ALL.
The term approved means approved
by the Commandant unless otherwise
stated.
§ 30.10–5 Cargo—TB/ALL.
The term cargo means combustible
liquid, flammable liquid, or liquefied
flammable gas unless otherwise stated.
§ 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]
§ 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]
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§ 30.10–6
46 CFR Ch. I (10–1–11 Edition)
§ 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]
the event of the failure of the walls of
one to retain their tightness.
§ 30.10–14
ALL.
Combination
carrier—TB/
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]
§ 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]
§ 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.
§ 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.
§ 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.
§ 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
§ 30.10–15
ALL.
Combustible
liquid—TB/
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]
§ 30.10–17
Commandant—TB/ALL.
The term Commandant means the
Commandant of the Coast Guard.
§ 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]
§ 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
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§ 30.10–37
located in the cargo area or individual
pieces of firefighting equipment.
[CGD 74–127, 41 FR 3843, Jan. 26, 1976]
§ 30.10–20
ALL.
Deadweight
or
DWT—TB/
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]
§ 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.
§ 30.10–22
§ 30.10–27 Flashpoint—TB/ALL.
The term flashpoint indicates the
temperature in degrees Fahrenheit at
which a liquid gives off a flammable
vapor when heated in an open-cup tester. For the purpose of the regulations
in this subchapter, flashpoints determined by other testing methods will be
equivalent to those determined with an
open-cup tester, as follows:
TABLE 30.10–27—EQUIVALENT FLASHPOINTS
[In degrees Farenheit]
Open-cup tester
Tag closedcup tester
(A.S.T.M.)
PenskyMartens
closed tester
(A.S.T.M.)
80 ...............................................
150 .............................................
75
....................
....................
140
Flammable liquid—TB/ALL.
The term flammable liquid means any
liquid which gives off flammable vapors (as determined by flashpoint from
an open-cup tester, as used for test of
burning oils) at or below a temperature
of 80 °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.
(b) Grade B. Any flammable liquid
having a Reid 1 vapor pressure under 14
pounds and over 81⁄2 pounds.
(c) Grade C. Any flammable liquid
having a Reid 1 vapor pressure of 81⁄2
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]
§ 30.10–23
§ 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 11⁄2 inches apart.
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.
1 American
Society for Testing Materials
Standard D 323 (incorporated by reference,
see § 30.01–3), Method of Test for Vapor Pressure of Petroleum Products (Reid Method).
§ 30.10–29 Gas free—TB/ALL.
The term gas free means free from
dangerous concentrations of flammable
or toxic gases.
§ 30.10–31 General rules and regulations—TB/ALL.
The term general rules and regulations
means the requirements contained in
this chapter.
§ 30.10–33 Great Lakes—TB/L.
Under this designation shall be included all tank vessels navigating the
Great Lakes.
§ 30.10–35 Headquarters—TB/ALL.
The term Headquarters means the Office of the Commandant, U.S. Coast
Guard, Washington, DC 20593–0001.
[CGFR 65–50, 30 FR 16657, Dec. 30, 1965, as
amended by CGFR 68–32, 33 FR 5712, Apr. 12,
1968; CGD 88–070, 53 FR 34533, Sept. 7, 1988]
§ 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
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§ 30.10–38
46 CFR Ch. I (10–1–11 Edition)
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]
§ 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]
§ 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]
§ 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.
§ 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]
§ 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]
§ 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.
§ 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]
§ 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]
§ 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]
§ 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
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Coast Guard, DHS
§ 30.10–69
Charge, Marine Inspection, for a tank
vessel which is found to be in substantial compliance with the regulations in
this subchapter.
§ 30.10–50 Pilot boarding
and point of access.
equipment
[CGD 79–032, 49 FR 25455, June 21, 1984]
vacuum
relief
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.
§ 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.
§ 30.10–59
ALL.
Reid
vapor
pressure—TB/
§ 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]
§ 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.
§ 30.10–65
Tank barge—B/ALL.
The term tank barge means a nonselfpropelled tank vessel.
[CGD 79–116, 62 FR 25135, May 8, 1997]
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 § 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]
§ 30.10–61
Self-propelled tank vessel means a selfpropelled tank vessel other than a
tankship.
[CGD 79–116, 62 FR 25135, May 8, 1997]
(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.
§ 30.10–55 Pressure
valve—TB/ALL.
§ 30.10–62 Self-propelled tank vessel—
TB/ALL.
Rivers—TB/R.
Under this designation shall be included all tank vessels whose navigation is restricted to rivers and/or to canals, exclusively.
§ 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]
§ 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]
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§ 30.10–71
46 CFR Ch. I (10–1–11 Edition)
§ 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
§ 30.15–1 Conditions
under
which
equivalents may be used—TB/ALL.
(a) Where in this subchapter it is provided that a particular fitting, material, appliance, apparatus, or equipment, or type thereof, shall be fitted or
carried in a vessel, or that any particular provision shall be made or arrangement shall be adopted, the Commandant may accept in substitution
therefor any other fitting, material,
apparatus, or equipment, or type thereof, or any other arrangement: Provided,
That he shall have been satisfied by
suitable trials that the fitting, material, appliance, apparatus, or equipment, or type thereof, or the provision
or arrangement is at least as effective
as that specified in this subchapter.
(b) In any case where it is shown to
the satisfaction of the Commandant
that the use of any particular equipment, apparatus, or arrangement not
specifically required by law is unreasonable or impracticable, the Com-
mandant 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
§ 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 § 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
§ 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
Cargo name
IMO
Annex II
Pollution
Category
Acetone .........................................................................................................................................................................
Acetophenone ...............................................................................................................................................................
Acrylonitrile-Styrene copolymer dispersion in Polyether polyol ....................................................................................
Alcohols (C13+) .............................................................................................................................................................
Alcoholic beverages, n.o.s. ...........................................................................................................................................
Alcohol(C6–C17)(secondary) poly(3-6)ethoxylates .......................................................................................................
Alcohol(C6–C17)(secondary) poly(7-12)ethoxylates .....................................................................................................
Alcohol(C9–C11) poly(2.5-9)ethoxylate ........................................................................................................................
Alcohol(C12–C15) poly( ... )ethoxylates, see Alcohol(C12–C16) poly( ... )ethoxylates ...............................................
Alcohol(C12–C16) poly(1-6)ethoxylates ........................................................................................................................
Alcohol(C12–C16) poly(7-19)ethoxylates ......................................................................................................................
III
@D
D
III
III
A
B
B
....................
A
B
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Coast Guard, DHS
§ 30.25–1
TABLE 30.25–1—LIST OF FLAMMABLE AND COMBUSTIBLE BULK LIQUID CARGOES—Continued
IMO
Annex II
Pollution
Category
Cargo name
Alcohol(C12–C16) poly(20+)ethoxylates .......................................................................................................................
Alkanes (C6–C9) ...........................................................................................................................................................
n-Alkanes (C10+) ..........................................................................................................................................................
iso- & cyclo-Alkanes (C10–C11) ...................................................................................................................................
iso- & cyclo-Alkanes (C12+) ..........................................................................................................................................
Alkaryl polyether (C9–C20) ...........................................................................................................................................
Alkenyl(C11+) amine .....................................................................................................................................................
Alkenyl(C16–C20) succinic anhydride) .........................................................................................................................
Alkyl(C8+)amine, Alkenyl (C12+) acid ester mixture ....................................................................................................
Alkyl(C9+)benzenes ......................................................................................................................................................
Alkylbenzenesulfonic acid (4% or less) ........................................................................................................................
Alkyl dithiothiadiazole (C6–C24) ...................................................................................................................................
Alkyl ester copolymer (C4–C20) ...................................................................................................................................
Alkyl(C7–C11) phenol poly(4-12)ethoxylates ................................................................................................................
Alkyl phenol sulfide (C8–C40), see Alkyl(C8–C40) phenol sulfide ...............................................................................
Alkyl(C8–C40) phenol sulfide ........................................................................................................................................
Alkyl(C9–C15) phenyl propoxylate ................................................................................................................................
n-Alkyl phthalates, see individual phthalates ................................................................................................................
Alkyl sulfonic acid ester of phenol ................................................................................................................................
Aminoethyldiethanolamine, Aminoethylethanolamine solution .....................................................................................
Amyl acetate (all isomers) .............................................................................................................................................
Amyl alcohol (iso-, n-, sec-, primary) ............................................................................................................................
Amyl alcohol (tert-) ........................................................................................................................................................
Amylene, see Pentene (all isomers) .............................................................................................................................
tert-Amyl methyl ether (Methyl tert-pentyl ether) ..........................................................................................................
Amyl methyl ketone, see Methyl amyl ketone ..............................................................................................................
Animal and Fish oils, n.o.s. ...........................................................................................................................................
(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. ............................................................................................................
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) .............................................................................................................................................
Asphalt ...........................................................................................................................................................................
Asphalt blending stocks:
Roofers flux ............................................................................................................................................................
Straight run residue ................................................................................................................................................
Barium long chain (C11–C50) alkaryl sulfonate ...........................................................................................................
Barium long chain alkyl(C8–C14)phenate sulfide .........................................................................................................
Behenyl alcohol .............................................................................................................................................................
Benzene tricarboxylic acid trioctyl ester ........................................................................................................................
Benzyl alcohol ...............................................................................................................................................................
Brake fluid base mixtures ..............................................................................................................................................
(containing Poly(2-8)alkylene(C2–C3) glycols, Polyalkylene(C2–C10) glycol monoalkyl(C1–C4) ethers, and
their borate esters)
Butane ...........................................................................................................................................................................
Butene, see Butylene.
Butene oligomer ............................................................................................................................................................
Butyl acetate (all isomers) .............................................................................................................................................
Butyl alcohol (iso-, n-, sec-, tert-), see Butyl alcohol (all isomers) ...............................................................................
Butyl alcohol (all isomers) .............................................................................................................................................
Butyl benzyl phthalate ...................................................................................................................................................
Butylene .........................................................................................................................................................................
Butylene glycol ..............................................................................................................................................................
1,3-Butylene glycol, see Butylene glycol ......................................................................................................................
Butylene polyglycol, see Butylene glycol ......................................................................................................................
iso-Butyl formate ...........................................................................................................................................................
n-Butyl formate ..............................................................................................................................................................
Butyl heptyl ketone ........................................................................................................................................................
C
C
III
D
III
B
D
D
D
III
#
D
D
B
....................
D
III
....................
III
III
C
D
III
C
C
D
D
D
D
I
I
I
B
[A]
III
III
C
D
LFG
B
C
....................
III
A
LFG
D
....................
....................
D
@D
[C]
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§ 30.25–1
46 CFR Ch. I (10–1–11 Edition)
TABLE 30.25–1—LIST OF FLAMMABLE AND COMBUSTIBLE BULK LIQUID CARGOES—Continued
IMO
Annex II
Pollution
Category
Cargo name
Butyl methyl ketone, see Methyl butyl ketone ..............................................................................................................
n-Butyl propionate .........................................................................................................................................................
Butyl stearate ................................................................................................................................................................
Butyl toluene ..................................................................................................................................................................
gamma-Butyrolactone ...................................................................................................................................................
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 ..................................................................................................................
Calcium long chain alkyl(C11–C40) phenate ................................................................................................................
Calcium long chain alkyl phenate sulfide (C8–C40) .....................................................................................................
Calcium long chain alkyl phenolic amine (C8–C40) .....................................................................................................
Calcium long chain alkyl salicylate (C13+) ...................................................................................................................
Caprolactam solutions ...................................................................................................................................................
Cetyl alcohol (hexadecanol), see Alcohols (C13+) .......................................................................................................
Cetyl-Stearyl alcohol), see Alcohols (C13+) .................................................................................................................
† Coal tar .......................................................................................................................................................................
Copper salt of long chain (C17+) alkanoic acid ............................................................................................................
Cumene (isopropylbenzene), see Propylbenzene (all isomers) ...................................................................................
Cyclohexane ..................................................................................................................................................................
Cyclohexanol .................................................................................................................................................................
1,3-Cyclopentadiene dimer (molten) .............................................................................................................................
p-Cymene ......................................................................................................................................................................
Decahydronaphthalene .................................................................................................................................................
iso-Decaldehyde ............................................................................................................................................................
n-Decaldehyde ..............................................................................................................................................................
Decane, see n-Alkanes (C10+) .....................................................................................................................................
Decene ..........................................................................................................................................................................
Decyl acetate .................................................................................................................................................................
Decyl alcohol (all isomers) ............................................................................................................................................
n-Decylbenzene, see Alkyl(C9+)benzenes ...................................................................................................................
Detergent alkylate .........................................................................................................................................................
Diacetone alcohol ..........................................................................................................................................................
Dialkyl(C10–C14) benzenes, see Alkyl(C9+)benzenes ................................................................................................
Dialkyl(C8–C9) diphenylamines ....................................................................................................................................
Dialkyl(C7–C13) phthalates
Including:
Diisodecyl phthalate
Diisononyl phthalate
Dinonyl phthalate
Ditridecyl phthalate
Diundecyl phthalate
Dibutyl carbinol, see Nonyl alcohol (all isomers) ..........................................................................................................
ortho-Dibutyl phthalate ..................................................................................................................................................
Dicyclopentadiene, see 1,3-Cyclopentadiene dimer (molten) ......................................................................................
Diethylbenzene ..............................................................................................................................................................
Diethylene glycol ...........................................................................................................................................................
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 ......................................................................................................................................
Diethylene glycol diethyl ether ......................................................................................................................................
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 ...........................................................................................................................................
Diethylene glycol propyl ether, see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether ...............................................
Di-(2-ethylhexyl)adipate .................................................................................................................................................
Di-(2-ethylhexyl)phthalate, see Dioctyl phthalates ........................................................................................................
Diethyl phthalate ............................................................................................................................................................
Diglycidyl ether of Bisphenol A .....................................................................................................................................
Diheptyl phthalate ..........................................................................................................................................................
Dihexyl phthalate ...........................................................................................................................................................
Diisobutylcarbinol, see Nonyl alcohol (all isomers) ......................................................................................................
Diisobutylene .................................................................................................................................................................
Diisobutyl ketone ...........................................................................................................................................................
....................
C
III
@A
D
A
....................
D
....................
C
D
D
III
C
D
....................
III
A
[D]
....................
C
D
B
C
D
@C
@B
....................
B
B
B
III
D
D
III
D
D
....................
A
B
A
D
....................
....................
D
III
....................
....................
....................
....................
....................
#
D
....................
D
....................
C
B
III
III
C
B
D
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Coast Guard, DHS
§ 30.25–1
TABLE 30.25–1—LIST OF FLAMMABLE AND COMBUSTIBLE BULK LIQUID CARGOES—Continued
IMO
Annex II
Pollution
Category
Cargo name
Diisobutyl phthalate .......................................................................................................................................................
Diisodecyl phthalate, see Dialkyl(C7–C13) phthalates .................................................................................................
Diisononyl adipate .........................................................................................................................................................
Diisononyl phthalate, see Dialkyl(C7–C13) phthalates .................................................................................................
Diisooctyl phthalate .......................................................................................................................................................
Diisopropylbenzene (all isomers) ..................................................................................................................................
Diisopropyl naphthalene ................................................................................................................................................
Dimethyl adipate ............................................................................................................................................................
Dimethylbenzene, see Xylenes .....................................................................................................................................
Dimethyl glutarate .........................................................................................................................................................
Dimethyl phthalate .........................................................................................................................................................
Dimethylpolysiloxane, see Polydimethylsiloxane ..........................................................................................................
2,2-Dimethylpropane-1,3-diol (molten or solution) ........................................................................................................
Dimethyl succinate ........................................................................................................................................................
Dinonyl phthalate, see Dialkyl(C7–C13) phthalates .....................................................................................................
Dioctyl phthalate ............................................................................................................................................................
Dipentene ......................................................................................................................................................................
Diphenyl .........................................................................................................................................................................
Diphenyl, Diphenyl ether mixture ..................................................................................................................................
Diphenyl ether ...............................................................................................................................................................
Diphenyl ether, Biphenyl phenyl ether mixture .............................................................................................................
Dipropylene glycol .........................................................................................................................................................
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 ............................................
Distillates:
Flashed feed stocks ...............................................................................................................................................
Straight run .............................................................................................................................................................
Ditridecyl adipate ...........................................................................................................................................................
Ditridecyl phthalate, see Dialkyl(C7–C13) phthalates ...................................................................................................
Diundecyl phthalate, see Dialkyl(C7–C13) phthalates ..................................................................................................
Dodecane (all isomers), see also n-Alkanes (C10+) ....................................................................................................
Dodecanol .....................................................................................................................................................................
Dodecene (all isomers) .................................................................................................................................................
Dodecyl alcohol, see Dodecanol ...................................................................................................................................
Dodecylbenzene, see Alkyl(C9+)benzenes ..................................................................................................................
Dodecyl hydroxypropyl sulfide ......................................................................................................................................
Dodecyl phenol ..............................................................................................................................................................
Dodecyl xylene ..............................................................................................................................................................
Drilling mud (low toxicity) (if flammable or combustible) ..............................................................................................
Ethane ...........................................................................................................................................................................
2-Ethoxyethyl acetate ....................................................................................................................................................
Ethoxylated alkyloxy alkyl amine, see Ethoxylated long chain (C16+) alkyloxyalkanamine ........................................
Ethoxylated long chain (C16+) alkyloxyalkanamine .....................................................................................................
Ethoxy triglycol (crude) ..................................................................................................................................................
Ethyl acetate ..................................................................................................................................................................
Ethyl acetoacetate .........................................................................................................................................................
Ethyl alcohol ..................................................................................................................................................................
Ethyl amyl ketone ..........................................................................................................................................................
Ethylbenzene .................................................................................................................................................................
Ethyl butanol ..................................................................................................................................................................
Ethyl tert-butyl ether ......................................................................................................................................................
Ethyl butyrate ................................................................................................................................................................
Ethyl cyclohexane .........................................................................................................................................................
Ethylene .........................................................................................................................................................................
Ethylene carbonate .......................................................................................................................................................
Ethylene glycol ..............................................................................................................................................................
Ethylene glycol acetate .................................................................................................................................................
Ethylene glycol butyl ether acetate ...............................................................................................................................
Ethylene glycol diacetate ..............................................................................................................................................
Ethylene glycol dibutyl ether .........................................................................................................................................
Ethylene glycol ethyl ether acetate, see 2-Ethoxyethyl acetate ...................................................................................
Ethylene glycol methyl butyl ether ................................................................................................................................
Ethylene glycol methyl ether acetate ............................................................................................................................
Ethylene glycol phenyl ether .........................................................................................................................................
Ethylene glycol phenyl ether, Diethylene glycol phenyl ether mixture .........................................................................
Ethylene-Propylene copolymer (in liquid mixtures) .......................................................................................................
Ethyl-3-ethoxypropionate ...............................................................................................................................................
2-Ethylhexaldehyde, see Octyl aldehydes ....................................................................................................................
2-Ethylhexanoic acid, see Octanoic acid (all isomers) .................................................................................................
B
....................
D
....................
III
A
D
B
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C
III
D
C
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C
A
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A
A
III
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[D]
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I
III
....................
....................
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B
B
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III
A
A
III
[III]
LFG
C
....................
D
D
D
D
III
C
B
@D
C
C
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D
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§ 30.25–1
46 CFR Ch. I (10–1–11 Edition)
TABLE 30.25–1—LIST OF FLAMMABLE AND COMBUSTIBLE BULK LIQUID CARGOES—Continued
IMO
Annex II
Pollution
Category
Cargo name
2-Ethylhexanol, see Octanol (all isomers) ....................................................................................................................
Ethylhexoic acid, see 2-Ethylhexanoic acid ..................................................................................................................
Ethyl hexyl phthalate .....................................................................................................................................................
2-Ethyl-2-(hydroxymethyl) propane-1,3-diol, C8–C10 ester .........................................................................................
Ethyl propionate ............................................................................................................................................................
Ethyl toluene ..................................................................................................................................................................
Fatty acid (saturated, C13+), see Fatty acid (saturated, C14+) ...................................................................................
Fatty acid (saturated, C14+) .........................................................................................................................................
Formamide ....................................................................................................................................................................
Furfuryl alcohol ..............................................................................................................................................................
† Gas oil, cracked .........................................................................................................................................................
Gasoline blending stocks:
Alkylates .................................................................................................................................................................
† Reformates ..........................................................................................................................................................
Gasolines:
† Automotive (containing not over 4.23 grams lead per gallon) ...........................................................................
† Aviation (containing not over 4.86 grams lead per gallon) ................................................................................
Casinghead (natural) ..............................................................................................................................................
Polymer ..................................................................................................................................................................
† Straight run .........................................................................................................................................................
Glycerine .......................................................................................................................................................................
Glycerine (83%), Dioxanedimethanol (17%) mixture ....................................................................................................
Glycerol, see Glycerine .................................................................................................................................................
Glycerol monooleate .....................................................................................................................................................
Glycerol polyalkoxylate ..................................................................................................................................................
Glyceryl triacetate ..........................................................................................................................................................
Glycidyl ester of tertiary carboxylic acid, see Glycidyl ester of tridecyl acetic acid .....................................................
Glycidyl ester of C10 trialkylacetic acid, see Glycidyl ester of tridecyl acetic acid ......................................................
Glycidyl ester of tridecyl acetic acid ..............................................................................................................................
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) ......................................................................................................................................
Glyphosate solution (not containing surfactant) ............................................................................................................
Heptadecane, see n-Alkanes (C10+) ............................................................................................................................
Heptane (all isomers), see Alkanes (C6–C9) ...............................................................................................................
Heptanoic acid ...............................................................................................................................................................
Heptanol (all isomers) ...................................................................................................................................................
Heptene (all isomers) ....................................................................................................................................................
Heptyl acetate ...............................................................................................................................................................
Herbicide (C15 -H22 -NO2 -Cl), see Metolachlor .........................................................................................................
1-Hexadecylnaphthalene, 1,4-bis(Hexadecyl)naphthalene mixture ..............................................................................
Hexaethylene glycol, see Polyethylene glycol ..............................................................................................................
Hexamethylene glycol ...................................................................................................................................................
Hexamethylenetetramine solutions ...............................................................................................................................
Hexane (all isomers), see Alkanes (C6–C9) ................................................................................................................
Hexanoic acid ................................................................................................................................................................
Hexanol .........................................................................................................................................................................
Hexene (all isomers) .....................................................................................................................................................
Hexyl acetate .................................................................................................................................................................
Hexylene glycol .............................................................................................................................................................
Hog grease, see Lard ...................................................................................................................................................
2-Hydroxy-4-(methylthio)butanoic acid ..........................................................................................................................
Hydroxy terminated polybutadiene, see Polybutadiene, hydroxy terminated ...............................................................
Isophorone .....................................................................................................................................................................
Jet fuels:
† JP-4 .....................................................................................................................................................................
JP-5 (kerosene, heavy) ..........................................................................................................................................
JP-8 ........................................................................................................................................................................
Kerosene .......................................................................................................................................................................
Lactic acid .....................................................................................................................................................................
Lard ...............................................................................................................................................................................
Latex (ammonia (1% or less) inhibited) ........................................................................................................................
Latex, liquid synthetic ....................................................................................................................................................
including:
Styrene-butadiene rubber ...............................................................................................................................
Carboxylated styrene-butadiene copolymer ...................................................................................................
Lecithin ..........................................................................................................................................................................
Long chain alkaryl polyether (C11–C20) ......................................................................................................................
Long chain alkaryl sulfonic acid (C16–C60) .................................................................................................................
....................
....................
C
D
D
B
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III
D
C
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I
I
I
I
I
I
I
III
D
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III
III
....................
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B
....................
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D
....................
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D
C
C
B
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....................
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C
D
D
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§ 30.25–1
TABLE 30.25–1—LIST OF FLAMMABLE AND COMBUSTIBLE BULK LIQUID CARGOES—Continued
IMO
Annex II
Pollution
Category
Cargo name
Long chain alkylphenate/Phenol sulfide mixture ...........................................................................................................
Magnesium long chain alkaryl sulfonate (C11–C50) ....................................................................................................
Magnesium long chain alkyl phenate sulfide (C8–C20) ...............................................................................................
Magnesium long chain alkyl salicylate (C11+) ..............................................................................................................
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 .........................................................................................................................................................................
3-Methoxy-1-butanol ......................................................................................................................................................
3-Methoxybutyl acetate .................................................................................................................................................
1-Methoxy-2-propyl acetate ...........................................................................................................................................
Methoxy triglycol (triethylene glycol methyl ether), see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether ................
Methyl acetate ...............................................................................................................................................................
Methyl acetoacetate ......................................................................................................................................................
Methyl alcohol ...............................................................................................................................................................
Methyl amyl acetate ......................................................................................................................................................
Methyl amyl alcohol .......................................................................................................................................................
Methyl amyl ketone .......................................................................................................................................................
Methyl butanol, see the amyl alcohols ..........................................................................................................................
Methyl butenol ...............................................................................................................................................................
Methyl tert-butyl ether ...................................................................................................................................................
Methyl butyl ketone .......................................................................................................................................................
Methyl butyrate ..............................................................................................................................................................
Methyl ethyl ketone .......................................................................................................................................................
N-Methylglucamine solution (70% or less) ...................................................................................................................
Methyl heptyl ketone .....................................................................................................................................................
Methyl isobutyl carbinol, see Methyl amyl alcohol ........................................................................................................
Methyl isobutyl ketone ...................................................................................................................................................
3-Methyl-3-methoxybutanol ...........................................................................................................................................
3-Methyl-3-methoxybutyl acetate ..................................................................................................................................
Methyl naphthalene .......................................................................................................................................................
Methyl pentene, see Hexene (all isomers) ...................................................................................................................
Methyl tert-pentyl ether (IMO cargo name) tert-Amyl methyl ether ..............................................................................
2-Methyl-1,3-propanediol ...............................................................................................................................................
Methyl propyl ketone .....................................................................................................................................................
N-Methyl-2-pyrrolidone ..................................................................................................................................................
Metolachlor ....................................................................................................................................................................
Mineral spirits ................................................................................................................................................................
Myrcene .........................................................................................................................................................................
Naphtha:
† Aromatic (having less than 10% Benzene) ........................................................................................................
Heavy .....................................................................................................................................................................
Paraffinic ................................................................................................................................................................
† Petroleum ............................................................................................................................................................
† Solvent ................................................................................................................................................................
Stoddard Solvent ....................................................................................................................................................
† Varnish makers’ and painters’ (75%) .................................................................................................................
Naphthalene sulfonic acid-formaldehyde copolymer, sodium salt solution ..................................................................
Naphthenic acid .............................................................................................................................................................
Nonane (all isomers), see Alkanes (C6–C9) ................................................................................................................
Nonanoic acid (all isomers) ...........................................................................................................................................
Nonanoic, Tridecanoic acid mixture ..............................................................................................................................
Nonene (all isomers) .....................................................................................................................................................
Nonyl acetate ................................................................................................................................................................
Nonyl alcohol (all isomers) ............................................................................................................................................
Nonyl methacrylate monomer .......................................................................................................................................
Nonyl phenol .................................................................................................................................................................
Nonyl phenol poly(4+)ethoxylates .................................................................................................................................
Nonyl phenol sulfide (90% or less), see Alkyl phenol sulfide (C8–C40) ......................................................................
Noxious liquid, N.F., (1) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 1, Cat A (if combustible) ..........
Noxious liquid, F., (2) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 1, Cat A .......................................
Noxious liquid, N.F., (3) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 2, Cat A (if combustible) ..........
Noxious liquid, F., (4) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 2, Cat A .......................................
Noxious liquid, N.F., (5) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 2, Cat B (if combustible) ..........
Noxious liquid, N.F., (6) n.o.s. (‘‘trade name’’ contains ‘‘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 ‘‘principle components’’) ST 2, Cat B .......................................
Noxious liquid, F., (8) n.o.s. (‘‘trade name’’ contains ‘‘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 ‘‘principle components’’) ST 3, Cat A (if combustible) ..........
III
D
[D]
C
....................
....................
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LFG
III
D
#
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III
D
D
C
C
D
....................
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D
D
C
III
III
B
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III
III
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....................
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D
D
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@I
@I
@I
I
I
@I
@I
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@D
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C
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§ 30.25–1
46 CFR Ch. I (10–1–11 Edition)
TABLE 30.25–1—LIST OF FLAMMABLE AND COMBUSTIBLE BULK LIQUID CARGOES—Continued
IMO
Annex II
Pollution
Category
Cargo name
Noxious liquid, F., (10) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 3, Cat A .....................................
Noxious liquid, N.F., (11) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 3, Cat B (if combustible) ........
Noxious liquid, N.F., (12) n.o.s. (‘‘trade name’’ contains ‘‘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 ‘‘principle components’’) ST 3, Cat B .....................................
Noxious liquid, F., (14) n.o.s. (‘‘trade name’’ contains ‘‘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 ‘‘principle components’’) ST 3, Cat C (if combustible) ........
Noxious liquid, F., (16) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 3, Cat C .....................................
Noxious liquid, n.o.s. (17) (‘‘trade name,’’ contains ‘‘principal components’’), Category D (if flammable or combustible) ...........................................................................................................................................................................
Non-noxious liquid, n.o.s. (18) (‘‘trade name,’’ contains ‘‘principal components’’), Appendix III (if flammable or
combustible) ...............................................................................................................................................................
Octadecene, see the olefin or alpha-olefin entries .......................................................................................................
Octadecenoamide solution (oleamide) ..........................................................................................................................
Octane (all isomers), see Alkanes (C6–C9) .................................................................................................................
Octanoic acid (all isomers) ............................................................................................................................................
Octanol (all isomers) .....................................................................................................................................................
Octene (all isomers) ......................................................................................................................................................
Octyl acetate .................................................................................................................................................................
Octyl alcohol (iso-, n-), see Octanol (all isomers) ........................................................................................................
Octyl aldehydes .............................................................................................................................................................
Octyl decyl adipate ........................................................................................................................................................
Octyl phthalate (Di-(2-ethylhexyl)phthalate), see Dioctyl phthalates ............................................................................
Oil, edible:
Beechnut ................................................................................................................................................................
Castor .....................................................................................................................................................................
Cocoa butter ...........................................................................................................................................................
Coconut ..................................................................................................................................................................
Cod liver .................................................................................................................................................................
Corn ........................................................................................................................................................................
Cottonseed .............................................................................................................................................................
Fish, n.o.s. ..............................................................................................................................................................
Groundnut ..............................................................................................................................................................
Hazelnut .................................................................................................................................................................
Lard ........................................................................................................................................................................
Maize, see Corn oil ................................................................................................................................................
Nutmeg butter ........................................................................................................................................................
Olive .......................................................................................................................................................................
Palm .......................................................................................................................................................................
Palm kernel ............................................................................................................................................................
Peanut ....................................................................................................................................................................
Poppy .....................................................................................................................................................................
Raisin seed ............................................................................................................................................................
Rapeseed ...............................................................................................................................................................
Rice bran ................................................................................................................................................................
Safflower ................................................................................................................................................................
Salad ......................................................................................................................................................................
Sesame ..................................................................................................................................................................
Soya bean ..............................................................................................................................................................
Sunflower, see Sunflower seed .............................................................................................................................
Sunflower seed ......................................................................................................................................................
Tucum ....................................................................................................................................................................
Vegetable, n.o.s. ....................................................................................................................................................
Walnut ....................................................................................................................................................................
Oil, fuel:
No. 1 (kerosene) ....................................................................................................................................................
No. 1-D ...................................................................................................................................................................
No. 2 .......................................................................................................................................................................
No. 2-D ...................................................................................................................................................................
No. 4 .......................................................................................................................................................................
No. 5 .......................................................................................................................................................................
No. 6 .......................................................................................................................................................................
Oil, misc:
Aliphatic ..................................................................................................................................................................
Animal, n.o.s. .........................................................................................................................................................
Aromatic .................................................................................................................................................................
Clarified ..................................................................................................................................................................
Coal ........................................................................................................................................................................
Coconut oil, fatty acid ............................................................................................................................................
A
B
B
B
B
C
C
D
III
....................
[D]
C
D
C
B
C
....................
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III
....................
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D
D
D
D
D
D
D
D
D
@III
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
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§ 30.25–1
TABLE 30.25–1—LIST OF FLAMMABLE AND COMBUSTIBLE BULK LIQUID CARGOES—Continued
IMO
Annex II
Pollution
Category
Cargo name
Coconut oil, fatty acid methyl ester .......................................................................................................................
Cottonseed, fatty acid, see Cottonseed oil, fatty acid ...........................................................................................
† Crude ..................................................................................................................................................................
Diesel .....................................................................................................................................................................
Gas, high pour .......................................................................................................................................................
Gas, low pour .........................................................................................................................................................
Gas, low sulfur .......................................................................................................................................................
Heartcut distillate ....................................................................................................................................................
Lanolin ....................................................................................................................................................................
Linseed ...................................................................................................................................................................
Lubricating ..............................................................................................................................................................
Mineral ....................................................................................................................................................................
Mineral seal ............................................................................................................................................................
Motor ......................................................................................................................................................................
Neatsfoot ................................................................................................................................................................
Oiticica ....................................................................................................................................................................
Palm oil, fatty acid methyl ester .............................................................................................................................
Penetrating .............................................................................................................................................................
Perilla .....................................................................................................................................................................
Pilchard ..................................................................................................................................................................
Pine ........................................................................................................................................................................
Residual .................................................................................................................................................................
Road .......................................................................................................................................................................
Rosin ......................................................................................................................................................................
Seal ........................................................................................................................................................................
Soapstock ...............................................................................................................................................................
Soya bean (epoxidized) .........................................................................................................................................
Sperm .....................................................................................................................................................................
Spindle ...................................................................................................................................................................
Tall ..........................................................................................................................................................................
Tall, fatty acid .........................................................................................................................................................
Transformer ............................................................................................................................................................
Tung .......................................................................................................................................................................
Turbine ...................................................................................................................................................................
Whale .....................................................................................................................................................................
alpha-Olefins (C6–C18) .................................................................................................................................................
alpha-Olefins (C13–C18) ...............................................................................................................................................
Olefin mixtures (C5–C7) ................................................................................................................................................
Olefin mixtures (C5–C15) ..............................................................................................................................................
Olefins (C13+, all isomers) ............................................................................................................................................
Olefin/Alkyl ester copolymer (molecular weight 2000+) ................................................................................................
Oleic acid .......................................................................................................................................................................
Oleyl alcohol (octadecenol), see Alcohols (C13+) ........................................................................................................
Palm kernel acid oil, methyl ester .................................................................................................................................
Palm stearin ..................................................................................................................................................................
n-Paraffins (C10–C20), see n-Alkanes (C10+) .............................................................................................................
Pentadecanol, see Alcohols (C13+) ..............................................................................................................................
Pentaethylene glycol, see Polyethylene glycols ...........................................................................................................
Pentaethylenehexamine ................................................................................................................................................
Pentane (all isomers) ....................................................................................................................................................
Pentanoic acid ...............................................................................................................................................................
Pentene (all isomers) ....................................................................................................................................................
n-Pentyl propionate .......................................................................................................................................................
Petrolatum .....................................................................................................................................................................
1-Phenyl-1-xylyl ethane .................................................................................................................................................
Phosphate esters, alkyl(C12–C14) amine ....................................................................................................................
Phosphosulfurized bicyclic terpene ...............................................................................................................................
Pinene, see the alpha- or beta- isomers ......................................................................................................................
alpha-Pinene .................................................................................................................................................................
beta-Pinene ...................................................................................................................................................................
Polyalkylene glycols, Polyalkylene glycol monoalkyl ethers mixtures ..........................................................................
Polyalkylene glycol butyl ether, see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether ..............................................
Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether ........................................................................................................
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
D
....................
I
I
@I
@I
@I
I
D
D
I
I
@I
I
D
D
D
I
D
D
C
I
I
B
I
#
[D]
D
I
B
C
I
D
I
D
B
III
C
B
III
D
D
....................
[D]
D
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§ 30.25–1
46 CFR Ch. I (10–1–11 Edition)
TABLE 30.25–1—LIST OF FLAMMABLE AND COMBUSTIBLE BULK LIQUID CARGOES—Continued
IMO
Annex II
Pollution
Category
Cargo name
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 ...........................................................................................
Including:
Diethylene glycol butyl ether acetate
Diethylene glycol ethyl ether acetate
Diethylene glycol methyl ether acetate
Polyalkylene oxide polyol ..............................................................................................................................................
Polycarboxylic ester (C9+), see Ditridecyl adipate.
Polyalkyl(C10–C20) methacrylate .................................................................................................................................
Polybutadiene, hydroxy terminated ...............................................................................................................................
Polybutene .....................................................................................................................................................................
Polybutenyl succinimide ................................................................................................................................................
Polydimethylsiloxane .....................................................................................................................................................
Polyether (molecular weight 2000+) .............................................................................................................................
Polyethylene glycol ........................................................................................................................................................
Polyethylene glycol dimethyl ether ................................................................................................................................
Polyethylene glycol monoalkyl ether, see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether .....................................
Polyglycerine, Sodium salts solution (containing less than 3% Sodium hydroxide) ....................................................
Polyglycerol ...................................................................................................................................................................
Polyisobutenyl anhydride adduct ..................................................................................................................................
Poly(4+)isobutylene .......................................................................................................................................................
Polymerized esters ........................................................................................................................................................
Polyolefin (molecular weight 300+) ...............................................................................................................................
Polyolefin amide alkeneamine (C17+) ..........................................................................................................................
Polyolefin amide alkeneamine (C28+) ..........................................................................................................................
Polyolefin amide alkeneamine borate (C28–C250) ......................................................................................................
Polyolefin amide alkeneamine/Molybdenum oxysulfide mixture ...................................................................................
Polyolefin amide alkeneamine polyol ............................................................................................................................
Polyolefin anhydride ......................................................................................................................................................
Polyolefin ester (C28–C250) .........................................................................................................................................
Polyolefin phenolic amine (C28–C250) .........................................................................................................................
Polyolefin phosphorosulfide, barium derivative (C28–C250) ........................................................................................
Poly(20)oxyethylene sorbitan monooleate ....................................................................................................................
Poly(5+)propylene .........................................................................................................................................................
Polypropylene glycol .....................................................................................................................................................
Polypropylene glycol methyl ether, see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether .........................................
Polysiloxane ..................................................................................................................................................................
Potassium oleate ...........................................................................................................................................................
Potassium salt of polyolefin acid ...................................................................................................................................
Propane .........................................................................................................................................................................
n-Propoxypropanol (propylene glycol propyl ether), see Propylene glycol monoalkyl ether .......................................
iso-Propyl acetate ..........................................................................................................................................................
n-Propyl acetate ............................................................................................................................................................
iso-Propyl alcohol ..........................................................................................................................................................
n-Propyl alcohol .............................................................................................................................................................
iso-Propylbenzene (cumene), see Propylbenzene (all isomers) ..................................................................................
n-Propylbenzene, see Propylbenzene (all isomers) .....................................................................................................
Propylbenzene (all isomers) ..........................................................................................................................................
iso-Propylcyclohexane ...................................................................................................................................................
Propylene ......................................................................................................................................................................
Propylene-butylene copolymer ......................................................................................................................................
Propylene carbonate .....................................................................................................................................................
Propylene dimer ............................................................................................................................................................
Propylene glycol ............................................................................................................................................................
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 ..........................................................................................................................
Propylene glycol monoalkyl ether .................................................................................................................................
Including:
n-Propoxypropanol
Propylene glycol n-butyl ether
Propylene glycol ethyl ether
Propylene glycol methyl ether
Propylene glycol propyl ether
D
C
D
[III]
III
D
#
D
III
III
....................
III
III
III
III
#
III
D
D
D
C
D
D
D
D
C
III
III
D
....................
III
C
III
LFG
....................
III
D
III
III
....................
....................
A
C
LFG
III
III
C
III
....................
....................
....................
D
D
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§ 30.25–1
TABLE 30.25–1—LIST OF FLAMMABLE AND COMBUSTIBLE BULK LIQUID CARGOES—Continued
Cargo name
IMO
Annex II
Pollution
Category
Propylene glycol phenyl ether .......................................................................................................................................
Propylene glycol propyl ether, see Propylene glycol monoalkyl ether .........................................................................
Propylene polymer (in liquid mixtures) ..........................................................................................................................
Propylene tetramer ........................................................................................................................................................
Propylene trimer ............................................................................................................................................................
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 ................................................................................................................................................
Sodium benzoate solution .............................................................................................................................................
Sodium long chain alkyl salicylate (C13+) ....................................................................................................................
Soyabean oil (epoxidized) .............................................................................................................................................
Stearic acid, see Fatty acid (saturated, C14+) .............................................................................................................
Stearyl alcohol (octadecanol) ........................................................................................................................................
Sulfohydrocarbon (C3–C88) ..........................................................................................................................................
Sulfohydrocarbon, long chain (C18+) alkylamine .........................................................................................................
Sulfolane ........................................................................................................................................................................
Sulfurized fat (C14–C20) ...............................................................................................................................................
Sulfurized polyolefinamide alkene(C28–C250)amine ...................................................................................................
Tallow ............................................................................................................................................................................
Tallow alcohol, see Alcohols (C13+) .............................................................................................................................
Tallow fatty acid ............................................................................................................................................................
Tallow alkyl nitrile ..........................................................................................................................................................
Tetradecanol, see Alcohols (C13+) ...............................................................................................................................
Tetradecene, see the olefin or alpha-olefin entries ......................................................................................................
Tetradecylbenzene, see Alkyl(C9+)benzenes ...............................................................................................................
Tetraethylene glycol ......................................................................................................................................................
Tetrahydronaphthalene .................................................................................................................................................
Tetrapropylbenzene, see Alkyl(C9+)benzenes .............................................................................................................
Toluene ..........................................................................................................................................................................
Triarylphosphate, see Triisopropylated phenyl phosphates .........................................................................................
Tributyl phosphate .........................................................................................................................................................
Tricresyl phosphate (less than 1% of the ortho isomer) ...............................................................................................
Tridecane, see n-Alkanes (C10+) .................................................................................................................................
Tridecanoic acid ............................................................................................................................................................
Tridecanol, see Alcohols (C13+) ...................................................................................................................................
Tridecene, see Olefins (C13+) ......................................................................................................................................
Tridecyl acetate .............................................................................................................................................................
Tridecylbenzene, see Alkyl(C9+)benzenes ...................................................................................................................
Triethylbenzene .............................................................................................................................................................
Triethylene glycol ..........................................................................................................................................................
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 .........................................................................................................................................................
Triisooctyl trimellitate .....................................................................................................................................................
Triisopropanolamine ......................................................................................................................................................
Triisopropylated phenyl phosphates .............................................................................................................................
Trimethylbenzene (all isomers) .....................................................................................................................................
Trimethylol propane polyethoxylate ..............................................................................................................................
2,2,4-Trimethyl-1,3-pentanediol diisobutyrate ...............................................................................................................
2,2,4-Trimethyl-3-pentanol-1-isobutyrate ......................................................................................................................
Tripropylene, see Propylene trimer ...............................................................................................................................
Tripropylene glycol ........................................................................................................................................................
Tripropylene glycol methyl ether, see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether ...........................................
Trixylenyl phosphate .....................................................................................................................................................
Trixylyl phosphate, see Trixylenyl phosphate ...............................................................................................................
Turpentine .....................................................................................................................................................................
†Turpentine substitute, see White spirit (low (15–20%) aromatic) ...............................................................................
Undecanol, see 1- Undecyl alcohol ..............................................................................................................................
Undecene ......................................................................................................................................................................
1- Undecyl alcohol .........................................................................................................................................................
Undecylbenzene, see Alkyl(C9+)benzenes ..................................................................................................................
Vegetable oils, n.o.s. (see also Oil, edible) ..................................................................................................................
D
....................
#
B
B
....................
....................
#
D
D
[C]
[D]
....................
III
D
B
D
D
D
D
....................
D
#
....................
....................
III
III
C
....................
C
....................
B
A
....................
B
....................
....................
III
III
A
III
....................
#
[C]
#
....................
....................
D
#
III
A
A
D
III
#
....................
III
....................
A
A
B
....................
....................
B
B
III
D
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§ 30.25–1
46 CFR Ch. I (10–1–11 Edition)
TABLE 30.25–1—LIST OF FLAMMABLE AND COMBUSTIBLE BULK LIQUID CARGOES—Continued
IMO
Annex II
Pollution
Category
Cargo name
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. ......................................................................................................................
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:
Candelilla ................................................................................................................................................................
Carnauba ................................................................................................................................................................
Paraffin ...................................................................................................................................................................
†White spirit, see White spirit (low (15–20%) aromatic) ...............................................................................................
†White spirit (low (15–20%) aromatic) ..........................................................................................................................
Wine, see Alcoholic beverages, n.o.s. ..........................................................................................................................
Xylenes (ortho-, meta-, para-) .......................................................................................................................................
Zinc alkaryl dithiophosphate (C7–C16) .........................................................................................................................
Zinc alkenyl carboxamide ..............................................................................................................................................
Zinc alkyl dithiophosphate (C3–C14) ............................................................................................................................
D
D
@D
@D
III
....................
B
....................
C
C
D
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.
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§ 30.30–11
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]
§ 30.25–3
(b) A copy of each type of license and
certificate issued by the country to
tank vessel personnel.
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.
§ 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.
§ 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.
§ 30.30–5 Submission of evaluation materials.
(a) The evaluation materials listed in
§ 30.30–3 should be sent to Commandant
(CG–543), 2100 2nd St. SW., Stop 7581,
Washington, DC 20593–7581. 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]
§ 30.30–7 Availability of materials.
Evaluation materials submitted in
accordance with this subpart will be
available for inspection and copying
between 7:30 a.m. and 4:30 p.m., Monday
through Thursday, except holidays, at
Coast Guard Headquarters, room 1104,
2100 Second Street, SW., Washington,
DC 20593. Telephone: (202) 372–1251.
[CGD 79–081a, 45 FR 23427, Apr. 7, 1980, as
amended by CGD 95–072, 60 FR 50461, Sept. 29,
1995; USCG–2006–25697, 71 FR 55745, Sept. 25,
2006]
§ 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]
§ 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
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Pt. 31
46 CFR Ch. I (10–1–11 Edition)
standards that are comparable to or
more stringent than standards set by
the regulations and laws referenced in
§ 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
§ 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 § 30.30–5 and must include a statement of reasons in support. The person submitting the request will be notified in writing of the
action taken.
[CGD 79–081a, 45 FR 23427, Apr. 7, 1980, as
amended by USCG-2004–18884, 69 FR 58345,
Sept. 30, 2004; USCG–2004–18884, 69 FR 68089,
Nov. 23, 2004]
PART 31—INSPECTION AND
CERTIFICATION
Subpart 31.01—General
Sec.
31.01–1 Inspections required—TB/ALL.
31.01–3 Alternate compliance.
31.01–5 Scope of initial inspection—TB/ALL.
31.01–10 Authority of marine inspectors—
TB/ALL.
31.01–15 Application for a Certificate of inspection—TB/ALL.
31.01–20 Application for inspection of a new
tank vessel or conversion of a vessel to a
tank vessel—TB/ALL.
Subpart 31.05—Certificates of Inspection
31.05–1 Issuance of certificate of inspection—TB/ALL.
31.05–5 Posting the certificate of inspection—TB/ALL.
31.05–10 Period of validity for a Certificate
of Inspection—TB/ALL.
31.05–15 Certificate of inspection; terms; endorsements—TB/ALL.
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.
31.25–1
Load lines required—TB/OCL.
Subpart 31.25—Load Lines
Subpart 31.30—Marine Engineering
31.30–1 Marine engineering regulations and
material specifications—TB/ALL.
Subpart 31.10—Inspections
Subpart 31.35—Electrical Engineering
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.
31.35–1 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.
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Coast Guard, DHS
§ 31.01–5
Subpart 31.36—Lifesaving Appliances and
Arrangements
in bulk, see part 98 and subchapter O of
this chapter.
31.36–1 Lifesaving appliances and arrangements—TB/ALL.
[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]
Subpart 31.40—Certificates Under International Convention for Safety of Life
at Sea, 1974
31.40–1 Application—T/ALL.
31.40–5 Cargo Ship Safety Construction Certificate—T/ALL.
31.40–10 Cargo Ship Safety Equipment Certificate—T/ALL.
31.40–15 Cargo Ship Safety Radio Certificate—T/ALL.
31.40–25 Exemption Certificate—T/ALL.
31.40–30 Safety Management Certificate—T/
ALL.
31.40–35 Availability of certificates.
31.40–40 Duration of Convention certificates—T/ALL.
31.40–45 American Bureau of Shipping—T/
ALL.
AUTHORITY: 33 U.S.C. 1321(j); 46 U.S.C. 2103,
3205, 3306, 3307, 3703; 46 U.S.C. Chapter 701; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3
CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR
54757, 3 CFR, 1991 Comp., p. 351; Department
of Homeland Security Delegation No. 0170.1.
Section 31.10–21 also issued under the authority of Sect. 4109, Pub. L. 101–380, 104 Stat. 515.
SOURCE: CGFR 65–50, 30 FR 16662, Dec. 30,
1965, unless otherwise noted.
Subpart 31.01—General
§ 31.01–1 Inspections
ALL.
required—TB/
(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
§ 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–521), 2100
2nd St. SW., Stop 7126, Washington, DC
20593–7126; 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]
§ 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
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§ 31.01–10
46 CFR Ch. I (10–1–11 Edition)
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]
§ 31.01–10 Authority of marine inspectors—TB/ALL.
Inspectors may at any time lawfully
inspect any tank vessel.
§ 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]
§ 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 § 31.10–1.)
Subpart 31.05—Certificates of
Inspection
§ 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 § 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; USCG2003–14749, 68 FR 39314, July 1, 2003]
§ 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
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§ 31.10–5
the certificate of inspection it shall be
carried in the vessel in such manner as
authorized by the Officer in Charge,
Marine Inspection.
§ 31.05–10 Period of validity for a Certificate of Inspection—TB/ALL.
(a) A Certificate of Inspection is
valid for 5 years.
(b) Application may be made by the
master, owner, or agent for inspection
and issuance of a new certificate of inspection at any time during the period
of validity of the current certificate.
(c) Certificates of inspection may be
revoked or suspended by the Coast
Guard where such process is authorized
by law. This may occur if the vessel
does not meet the requirements of law
or regulations in this chapter or if
there is a failure to maintain the safety requirements requisite to the
issuance of a certificate of inspection.
[CGFR 68–82, 33 FR 18804, Dec. 18, 1968, as
amended by CGD 95–012, 60 FR 48049, Sept. 18,
1995; USCG-1999–4976, 65 FR 6499, Feb. 9, 2000]
§ 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
§ 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 stand-
ards may be also examined at the Office of the Commandant (CG–52), U.S.
Coast Guard, 2100 2nd St. SW., Stop
7126, Washington, DC 20593–7126, 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]
§ 31.10–5 Inspection of new tank vessels—TB/ALL.
(a) Plans. Triplicate copies of contract plans and specifications shall be
forwarded to the Officer in Charge, Marine Inspection, in whose district the
construction will take place, for submission to the Marine Safety Center,
2100 2nd St. SW., Stop 7102, Washington, DC 20593–7102, 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
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§ 31.10–10
46 CFR Ch. I (10–1–11 Edition)
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
from the navigation bridge will meet
the standards contained in § 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; USCG2000–7790, 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]
§ 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 § 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.
§ 31.10–15 Inspection
cation—TB/ALL.
for
certifi-
(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, firedetecting 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 abovementioned 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]
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§ 31.10–17
§ 31.10–16 Inspection and certification
of cargo gear—TB/ALL.
(a) The owner, operator or master
shall provide the Officer in Charge, Marine Inspection with all current valid
certificates and registers of cargo gear
issued by competent persons or a recognized organization or nonprofit association approved by the Commandant
to certify the suitability of the cargo
gear.
(b) Every acceptable cargo gear certificate and/or register shall be properly executed by a person authorized to
do so and shall:
(1) Certify as to the tests and examinations conducted;
(2) Show the dates on which the tests
and examinations were conducted; and
(3) Indicate that the cargo gear described in the certificate or register
complies with the standards of the organization or association authorized to
issue the certificate or register.
(c) Competent persons for the purposes of this section are defined as—
(1) Surveyors of a classification society recognized by the Commandant
under 46 U.S.C. 3316,
(2) Surveyors of a recognized cargo
gear organization; or
(3) Responsible officials or employees
of the testing laboratories, companies,
or organizations who conduct tests of
pieces of loose cargo gear, wire rope, or
the annealing of gear as may be required by the standards of the organization or association authorized to
issue the certificate or register.
(d) The registers issued in connection
with cargo gear certification must
have all required entries fully completed as of the dates indicated, shall
be kept current, and shall include the
following:
(1) A register of the cargo handling
machinery and the gear accessory
thereto carried on the vessel named
therein;
(2) Certification of the testing and
examination of winches, derricks, and
their accessory gear;
(3) Certification of the testing and
examination of cranes, hoists, and
their accessory gear;
(4) Certification of the testing and
examination of chains, rings, hooks,
shackles, swivels, and blocks;
(5) Certification of the testing and
examination of wire rope;
(6) Certification of the heat treatment of chains, rings, hooks, shackles,
and swivels which require such treatment; and,
(7) Certification of the annual thorough examinations of gear not required
to be periodically heat treated.
(e) The authorization for organizations to perform the required inspection is granted by the Chief, Office of
Vessel Activities, Commandant (CG–
543), and will continue until superseded, canceled, or modified. The following organizations are currently recognized by the Commandant (CG–543)
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,
amended by CGD 95–028, 62 FR 51197, Sept.
1997; USCG–2007–29018, 72 FR 53964, Sept.
2007; USCG–2008–0394, 73 FR 35961, June
2008; USCG–2008–0906, 73 FR 56509, Sept.
2008]
§ 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
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§ 31.10–17a
46 CFR Ch. I (10–1–11 Edition)
vessel passes the annual inspection, the
marine inspector will endorse your vessel’s current Certificate of Inspection.
(3) If the annual inspection reveals
deficiencies in your vessel’s maintenance, you must make any or all repairs or improvements within the time
period specified by the OCMI.
(4) Nothing in this subpart limits the
marine inspector from conducting such
tests or inspections he or she deems
necessary to be assured of the vessel’s
seaworthiness.
(b) Periodic inspection. Your vessel
must undergo a periodic inspection
within 3 months before or after the second or third anniversary of the date of
your vessel’s Certificate of Inspection.
This periodic inspection will take the
place of an annual inspection.
(1) You must contact the cognizant
OCMI to schedule an inspection at a
time and place which he or she approves. No written application is required.
(2) The scope of the periodic inspection is the same as that for the inspection for certification, as specified in
§ 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]
§ 31.10–17a Certificate of
Conditions of validity.
§ 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.
Discharge. Clean hose and inside
of extinguisher thoroughly. Recharge.
Discharge. Clean hose and inside
of extinguisher thoroughly. Recharge with clean water or antifreeze.
Examine pressure cartridge 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.
See that pressure gage is in 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.
Foam .............................
Pump tank (water or
antifreeze).
Cartridge operated
(water, antifreeze or
loaded stream).
Inspection:
To maintain a valid Certificate of Inspection, you must complete your annual and periodic inspections within
the periods specified in § 31.10–17 (a) and
(b) and your Certificate of Inspection
must be endorsed.
Stored pressure (water,
antifreeze or loaded
stream).
[USCG-1999–4976, 65 FR 6500, Feb. 9, 2000]
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§ 31.10–18
TABLE 31.10–18(b)—Continued
Type unit
Test
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- Examine pressure cartridge and
operated type).
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
See that pressure gage is in operpressure type).
ating range. If not, or if seal is
broken, weigh or otherwise determine that full charge of dry
chemical is in extinguisher. Recharge if pressure is low or if dry
chemical is needed.
Vaporizing liquid 2
Pump a few strokes into clean pail
(pump type).
and replace liquid. Keep water
out of extinguisher or liquid.
Keep extinguisher completely full
of liquid.
2
Vaporizing liquid
See that pressure gage is in oper(stored pressure type).
ating 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 §§ 147.60 and 147.65 of this chapter.
2 Vaporizing-liquid type fire extinguishers containing carbon
tetrachloride or chlorobromomethane or other toxic vaporizing
liquids shall be removed from all vessels.
(c) The following tests and inspections of fixed fire extinguishing equipment shall be made:
TABLE 31.10–18(c)
Type system
Test
Foam .............................
Systems utilizing a soda solution
shall have such solution replaced. In all cases, ascertain
that powder is not caked.
Weigh cylinders. Recharge if
weight loss exceeds 10 percent
of weight of charge.1
Carbon dioxide ..............
1 Cylinders must be tested and marked, and all flexible connections on fixed carbon dioxide and halon extinguishers must
be tested or renewed, as required by §§ 147.60 and 147.65 of
this chapter.
(d) Deck foam systems shall be tested
at the inspection for certification and
the periodic inspection by discharging
foam for approximately 15 seconds
from any nozzle designated by the marine inspector. It shall not be required
to deliver foam from all foam outlets,
but all lines and nozzles shall be tested
with water to prove them to be clear of
obstruction. Before the inspection for
certification and periodic inspection of
deck foam systems utilizing a mechanical foam system, a representative
sample of the foam liquid shall be submitted to the manufacturer who will
issue a certificate indicating gravity,
pH, percentage of water dilution and
solid content.
(e) At each inspection for certification, periodic inspection, and at such
other times as considered necessary,
the inspector shall determine that all
fire extinguishing equipment is in suitable condition and that the tests and
inspections required by paragraphs (b)
through (i) of this section have been
conducted. In addition, the marine inspector may require such tests as are
considered necessary to determine the
condition of the equipment.
(f) On all fire extinguishing systems,
all the piping, controls, valves, and
alarms shall be checked by the marine
inspector to ascertain that the system
is in good operating condition.
(g) The fire main system shall be operated and the pressure checked at the
most remote and highest outlets by the
marine inspector. All fire hose shall be
subjected to a test pressure equivalent
to the maximum pressure to which
they may be subjected in service, but
not less than 100 p.s.i. The marine inspector shall check that the hose couplings are securely fastened in accordance with the regulations of this subchapter.
(h) At each inspection for certification, periodic inspection, and at such
other times as considered necessary,
all carbon dioxide cylinders for fixed,
semiportable, and portable systems
shall be examined and replaced if any
corrosion is found. They shall also be
checked by weighing to determine
their contents, and if found to be more
than 10 percent under the required contents of carbon dioxide, they shall be
recharged.
(i) Steam smothering lines shall be
tested with at least 50 pounds per
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
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§ 31.10–18a
46 CFR Ch. I (10–1–11 Edition)
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]
§ 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 § 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]
§ 31.10–19 All firefighting equipment
may be tested—TB/ALL.
(a) During the inspection of firefighting equipment, the Officer in
Charge, Marine Inspection, may require fire apparatus to be tested, and
used, except as provided under §§ 31.10–
18(h) and 34.15–90(a) of this subchapter.
(b) [Reserved]
§ 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 throughhull fittings.
(b) Internal structural examination
means an examination of the vessel
while afloat or in drydock and consists
of a complete examination of the vessel’s main strength members, including
the major internal framing, the hull
plating, voids, and ballast tanks, but
not including cargo or fuel oil tanks.
(c) Cargo tank internal examination
means an examination of the vessel
while afloat or in drydock and consists
of an examination of the internals of
all cargo tanks; except, if the vessel is
certificated to carry cargoes regulated
under part 38 or subchapter O of this
chapter, the cargo tank internal examination must be accomplished as specified in parts 38 and 151 of this chapter
respectively.
(d) Underwater survey means the examination, while the vessel is afloat, of
all accessible parts of the vessel’s underwater body and all through-hull fittings.
[CGD 84–024, 52 FR 39649, Oct. 23, 1987, as
amended by CGD 84–024, 53 FR 32229, Aug. 24,
1988; CGD 95–028, 62 FR 51197, Sept. 30, 1997]
§ 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.
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§ 31.10–21
(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 ac-
cordance 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
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ER30JY96.000
379
§ 31.10–21
46 CFR Ch. I (10–1–11 Edition)
two examinations within any five year
period. No more than three years may
elapse between any two examinations.
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380
Coast Guard, DHS
§ 31.10–21a
(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–543);
(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–543) 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–543) 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]
§ 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
381
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§ 31.10–22
46 CFR Ch. I (10–1–11 Edition)
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]
§ 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]
§ 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
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Coast Guard, DHS
§ 31.10–35
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]
§ 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.
§ 31.10–30
ALL.
Stability requirements—TB/
Each tank vessel must meet the applicable requirements in subchapter S
of this chapter.
[CGD 79–023, 48 FR 51006, Nov. 4, 1983]
§ 31.10–32
ALL.
Loading
information—TB/
(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 § 42.15–1(a) or
§ 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]
§ 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 CG948, 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.
383
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§ 31.10–40
46 CFR Ch. I (10–1–11 Edition)
(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
§ 31.05–5 for a certificate of inspection.
§ 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.
§ 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.
§ 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.
(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]
§ 31.15–5
[CGD 81–059, 54 FR 151, Jan. 4, 1989]
§ 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
§ 31.20–1
Subpart 31.15—Manning of Tank
Vessels
§ 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
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.
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.
384
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Coast Guard, DHS
§ 31.40–10
Subpart 31.25—Load Lines
§ 31.25–1 Load
OCL.
lines
Subpart 31.36—Lifesaving
Appliances and Arrangements
required—TB/
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.
§ 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]
[CGFR 69–72, 34 FR 17481, Oct. 29, 1969]
Subpart 31.40—Certificates Under
International Convention for
Safety of Life at Sea, 1974
Subpart 31.30—Marine
Engineering
§ 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
§ 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.
§ 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.
§ 31.40–1
Application—T/ALL
The provisions of this subpart shall
apply to all tankships on an international voyage. (See § 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]
§ 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]
§ 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.
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§ 31.40–15
46 CFR Ch. I (10–1–11 Edition)
§ 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.
(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
§ 2.01–70 of this chapter for procedures
governing appeals.)
[USCG-1999–4976, 65 FR 6500, Feb. 9, 2000]
[USCG-1999–4976, 65 FR 6500, Feb. 9, 2000]
§ 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.
§ 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
§ 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]
§ 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]
§ 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.
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Coast Guard, DHS
Pt. 32
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,
amended by CGD 90–008, 55 FR 30660,
1990; CGD 96–041, 61 FR 50726, Sept.
USCG-2000–7790, 65 FR 58459, Sept. 29,
1965, as
July 26,
27, 1996;
2000]
PART 32—SPECIAL EQUIPMENT,
MACHINERY, AND HULL REQUIREMENTS
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
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
32.35–1 Boilers and machinery—TB/ALL.
32.35–5 Installation of internal combustion
engines—TB/ALL.
32.35–10 Steering apparatus on tank vessels—TB/ALL.
32.35–15 Installation of air compressors on
tank vessels contracted for on or after
June 15, 1977—TB/ALL.
Subpart 32.40—Accommodations for
Officers and Crew
32.40–1 Application—TB/ALL.
32.40–5 Intent—T/ALL.
32.40–10 Location of crew spaces—T/ALL.
32.40–15 Construction—T/ALL.
32.40–20 Sleeping accommodations—T/ALL.
32.40–25 Washrooms and toilet rooms—T/
ALL.
32.40–30 Messrooms—T/ALL.
32.40–35 Hospital space—T/ALL.
32.40–40 Other spaces—T/ALL.
32.40–45 Lighting—T/ALL.
32.40–50 Heating and cooling—T/ALL.
32.40–55 Insect screens—T/ALL.
32.40–60 Crew accommodations on tankships
of less than 100 gross tons and manned
tank barges—T/ALL.
32.40–65 Crew accommodations on tankships
constructed before June 15, 1987—T/ALL.
Subpart 32.45—Electrical Installations
32.45–1
Navigation bridge visibility-T/ALL.
Installation and details.
Subpart 32.50—Pumps, Piping, and Hose
for Cargo Handling
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.
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.
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Pt. 32
46 CFR Ch. I (10–1–11 Edition)
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.
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 32.55—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.
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.
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Coast Guard, DHS
§ 32.01–1
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 32.80—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
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.
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
§ 32.01–1
Incorporation by reference.
(a) Certain material is incorporated
by reference into this part with the approval of the Director of the Federal
Register in accordance with 5 U.S.C.
552(a). To enforce any edition other
than that specified in paragraph (b) of
this section, the Coast Guard must
publish notice of change in the FEDERAL REGISTER and make the material
available to the public. All approved
material is on file at the U.S. Coast
Guard, Office of Design and Engineering Standards (CG–521), 2100 2nd St.
SW., Stop 7126, Washington, DC 20593–
7126 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/
federallregister/
codeloflfederallregulations/
ibrllocations.html. All material is
available from the sources indicated in
paragraph (b) of this section.
(b) The material approved for incorporation by reference in this part and
the sections affected are:
American Bureau of Shipping (ABS)
ABS Plaza, 16855 Northchase Drive, Houston,
TX 77060
Rules for Building and Classing Steel
Vessels, 1989........32.15–15; 32.60–10; 32.65–40
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§ 32.02–1
46 CFR Ch. I (10–1–11 Edition)
American Society for Testing and Materials
(ASTM)
100 Barr Harbor Drive, West Conshohocken,
PA 19428–2959.
ASTM D 4986–98, Standard Test Method for Horizontal Burning Characteristics of Cellular Polymeric Materials............................................32.57–10
ASTM F 1273–91 (1997), Standard Specification for Tank Vent Flame Arresters ...........................................32.20–10
[CGD88–032, 56 FR 35820, July 29, 1991, as
amended by CGD 95–072, 60 FR 50461, Sept. 29,
1995; CGD 96–041, 61 FR 50727, Sept. 27, 1996;
CGD 97–057, 62 FR 51043, Sept. 30, 1997; USCG1999–5151, 64 FR 67177, Dec. 1, 1999; USCG2000–7790, 65 FR 58459, Sept. 29, 2000; USCG–
2009–0702, 74 FR 49227, Sept. 25, 2009]
Subpart 32.02—Safety
Requirements
§ 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]
§ 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]
§ 32.02–10 Rails—TB/ALL.
(a) All tank vessels, except unmanned tank barges, contracted for on
or after July 1, 1969, shall have effi-
cient guard rails or bulwarks on decks
and bridges. The height of rails or bulwarks shall be at least 391⁄2 inches from
the deck except that where this height
would interfere with the normal operation of the vessel, a lesser height may
be approved by the Commandant. At
exposed peripheries of the freeboard
and superstructure decks the rails
shall be in at least three courses including the top. The opening below the
lowest course shall not be more than 9
inches. The courses shall not be more
than 15 inches apart. In the case of
ships with rounded gunwales, the guard
rail supports shall be placed on the flat
of the deck. On other decks and bridges
the rails shall be in at least two
courses, including the top, approximately evenly spaced. All rails shall
consist of solid or tubular sections or
chains or wire rope or a combination
thereof.
(b) Where it can be shown to the satisfaction of the Commandant that a
vessel is engaged exclusively on voyages of a sheltered nature, the provisions of paragraph (a) of this section
may be relaxed.
(c) Tank vessels contracted for prior
to July 1, 1969, except unmanned tank
barges, assigned a deeper load line
under part 42 of subchapter E (Load
Lines) of this chapter shall have efficient guard rails or bulwarks as required by paragraph (a) of this section.
Otherwise, existing rails and bulwarks
previously approved will be considered
satisfactory so long as they are maintained in good condition. Minor repairs
and alterations may be made to the
same standards as the original construction.
(d) All tank vessels in ocean and
coastwise service, except unmanned
tank barges, constructed on or after
June 15, 1987, must have suitable storm
rails installed in all passageways and
at the deckhouse sides on weather
decks where persons on board might
have normal access. Storm rails must
be installed on both sides of passageways which are six feet or more in
width. Tank vessels to which this paragraph applies constructed prior to June
15, 1987, may retain previously accepted
or approved installations so long as
they are maintained in good condition
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Coast Guard, DHS
§ 32.05–15
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]
§ 32.02–15 Guards
places—TB/ALL.
at
dangerous
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]
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]
§ 32.05–5 Vessel’s name
ment—TB/ALL.
§ 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
equip-
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.
§ 32.05–10
Subpart 32.05—Markings
on
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]
§ 32.05–15
Name of tank barge—B/ALL.
Every tank barge shall have its name
or number carved, punch-marked, or
welded on the main beam, inside the
cargo hatch, or other suitable permanent part of the vessel’s structure for
the purpose of identification. The vessel’s name or number shall be so displayed at the highest part of the vessel’s hull or permanent structure that
the name or number can be seen from
either side.
[CGFR 65–50, 30 FR 16657, Dec. 30, 1965, as
amended by CGFR 72–104R, 37 FR 14233, July
18, 1972]
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§ 32.15–5
46 CFR Ch. I (10–1–11 Edition)
Subpart 32.15—Navigation
Equipment
§ 32.15–10
§ 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.
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]
§ 32.15–15 Anchors,
Hawsers—TB/ALL
Chains,
and
(a) Application. Use the following
table to determine which provisions of
this section apply to you:
[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]
If you own . . .
And . . .
Then . . .
(1) A tankship or a manned seagoing
barge.
(2) A tankship or a manned seagoing
barge.
(3) An unmanned barge equipped with
anchors.
It was constructed before June 15, 1987,
It must meet the requirements of paragraphs (d) and (f).
It must meet all the requirements of this
section except paragraphs (d) and (e).
It must meet the requirements of paragraphs (e) and (f).
It was constructed on or after June 15,
1987,
(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 main-
tained 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–5213), 2100 2nd St. SW., Stop 7126,
Washington, DC 20593–7126; telephone
(202) 372–1378 or fax (202) 372–1925. If the
Coast Guard finds that your anchoring
system is not in general conformity
with an approved standard, it will advise you how to bring it into such conformity.
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Coast Guard, DHS
§ 32.16–1
(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]
§ 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]
§ 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
§ 32.16–1 Navigation bridge visibilityT/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.
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§ 32.20–1
46 CFR Ch. I (10–1–11 Edition)
(c) Polarized or tinted windows must
not be fitted.
[CGD 85–099, 55 FR 32247, Aug. 8, 1990]
Subpart 32.20—Equipment
Installations
§ 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.
§ 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.
§ 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 § 32.01–1).
[CGD 88–032, 56 FR 35821, July 29, 1991, as
amended by USCG-2000–7790, 65 FR 58459,
Sept. 29, 2000]
§ 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
§ 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
§ 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]
§ 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
§ 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.
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§ 32.40–10
§ 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.
section in which cargo vapors or gases
may be present.
§ 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.
SOURCE: CGD 95–027, 61 FR 25997, May 23,
1996, unless otherwise noted.
[CGFR 68–82, 33 FR 18805, Dec. 18, 1968]
§ 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
[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
§ 32.40–1
Application—TB/ALL.
(a) The provisions of this subpart, except § 32.40–60 and § 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 § 32.40–60.
(c) Tankships of 100 gross tons and
over constructed prior to June 15, 1987,
must meet the requirements of § 32.40–
65.
§ 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.
§ 32.40–10
ALL.
Location of crew spaces—T/
(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 § 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.
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§ 32.40–15
46 CFR Ch. I (10–1–11 Edition)
§ 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.
§ 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.
§ 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 di-
rectly into such quarters except when
they are provided as private or semiprivate 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.
§ 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.
§ 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.
§ 32.40–40
Other spaces—T/ALL.
Each vessel must have—
(a) Sufficient facilities where the
crew may wash and dry their own
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§ 32.50–5
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.
condition to the satisfaction of the Officer in Charge, Marine Inspection.
§ 32.40–45 Lighting—T/ALL.
Each berth must have a light.
§ 32.45–1
§ 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.
§ 32.40–55 Insect screens—T/ALL.
Provisions shall be made to protect
the crew quarters against the admission of insects.
§ 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.
§ 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
Subpart 32.45—Electrical
Installations
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
§ 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.
§ 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.
§ 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]
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§ 32.50–10
46 CFR Ch. I (10–1–11 Edition)
§ 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.
§ 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]
§ 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
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§ 32.52–5
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.
§ 32.50–35 Remote manual shutdown
for internal combustion engine
driven cargo pump on tank vessels—TB/ALL.
§ 32.50–25 Cargo pumps and piping on
tank vessels constructed prior to
November 10, 1936—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.
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.
§ 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]
(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
§ 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.
(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.
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§ 32.52–10
46 CFR Ch. I (10–1–11 Edition)
(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.
§ 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
§ 32.52–5(b).
Subpart 32.53—Inert Gas System
SOURCE: CGD 74–127, 41 FR 3843, Jan. 26,
1976, unless otherwise noted.
§ 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]
§ 32.53–3 Exemptions.
(a) The Assistant Commandant for
Marine Safety and Environmental Protection grants exemptions for crude oil
tankers of less than 40,000 deadweight
tons not fitted with high capacity tank
washing machines, if the vessel’s owner
can show that compliance would be unreasonable and impracticable due to
the vessel’s design characteristics.
(b) Requests for exemptions must be
submitted in writing to: Commandant
(CG–522), U.S. Coast Guard, 2100 2nd St.
SW., Stop 7126, Washington, DC 20593–
7126.
(c) Each request must be supported
by documentation showing that:
(1) The system would be detrimental
to the safe operation of the vessel;
(2) It is physically impracticable to
install the system; or
(3) Adequate maintenance of the system would be impossible.
(d) The vessel’s owner may request a
conference. The exemption request file
will be available for use in the conference and additional arguments or
evidence in any form may be presented.
The conference will be recorded. The
presiding officer summarizes the material presented at the conference and
submits written recommendations to
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§ 32.55–5
the Assistant Commandant for Marine
Safety and Environmental Protection.
(e) The Assistant Commandant for
Marine Safety and Environmental Protection reviews the exemption request
file and decides whether to grant or
deny the exemption. The decision shall
include an explanation of the basis on
which the exemption is granted or denied, and constitutes final agency action.
[CGD 77–057a, 44 FR 66502, Nov. 19, 1979, as
amended by CGD 82–063b, 48 FR 29486, June
27, 1983; CGD 88–070, 53 FR 34534, Sept. 7, 1988;
CGD 95–072, 60 FR 50461, Sept. 29, 1995; CGD
96–041, 61 FR 50727, Sept. 27, 1996; CGD 97–057,
62 FR 51043, Sept. 30, 1997; USCG–2009–0702, 74
FR 49227, Sept. 25, 2009]
§ 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]
§ 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]
§ 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
§ 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 § 32.60–20 for other requirements concerning pumprooms.)
§ 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
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§ 32.55–10
46 CFR Ch. I (10–1–11 Edition)
blowers or ventilators fitted with heads
for natural ventilation, will be approved for this purpose. (See § 32.65–20
for other requirements concerning
pumprooms.)
§ 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]
§ 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.
§ 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 21⁄2 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 § 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
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Coast Guard, DHS
§ 32.55–30
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]
§ 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 21⁄2 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]
§ 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 § 32.55–20 or § 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.
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§ 32.55–35
46 CFR Ch. I (10–1–11 Edition)
(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 pressurevacuum relief valves or a venting system of branch vent lines and a vent
header.
§ 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 § 32.55–30(b)
shall be met.
§ 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 pressurevacuum relief valves. The diameter of a
vent shall be not less than 21⁄2 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.
§ 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.
§ 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]
§ 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:
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Coast Guard, DHS
§ 32.56–30
(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.
(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.
positions—T/
§ 32.56–22 Openings in and insulation
of boundaries: Other spaces—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.
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.
§ 32.56–15
§ 32.56–25 Category
A
machinery
spaces: Windows and port lights—T/
ALL.
§ 32.56–10
ALL.
Navigation
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.
§ 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.
§ 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) 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]
§ 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 ‘‘A60’’ Class construction.
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§ 32.56–35
§ 32.56–35
46 CFR Ch. I (10–1–11 Edition)
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.
§ 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]
§ 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.
§ 32.56–50
ALL.
Combustible
veneers—T/
(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.
§ 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.
§ 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
§ 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]
§ 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
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Coast Guard, DHS
§ 32.57–10
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
Class
Class
Class
A-60 .........................................
A-30 .........................................
A-15 .........................................
A-0 ...........................................
60 minutes
30 minutes
15 minutes
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 .................................
Structural Insulations .........................
Bulkhead Panels ...............................
Incombustible Materials ....................
Interior Finishes .................................
164.006
164.007
164.008
164.009
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]
§ 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 selfclosing 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
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§ 32.59–1
46 CFR Ch. I (10–1–11 Edition)
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 § 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
§ 32.59–1 Minimum section
and plating thickness
ments—TB/ALL.
modulus
require-
(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/cm2
(1.30 t/cm2, 8.25 Ltf/in2).
(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;
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Coast Guard, DHS
§ 32.60–10
(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.
§ 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.
§ 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.
§ 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;
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§ 32.60–15
46 CFR Ch. I (10–1–11 Edition)
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]
§ 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.
§ 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
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Coast Guard, DHS
§ 32.60–45
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]
§ 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]
§ 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.
§ 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
§ 32.63–5(b)(3).
[CGFR 70–10, 35 FR 3709, Feb. 25, 1970]
§ 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]
§ 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.
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§ 32.63–1
46 CFR Ch. I (10–1–11 Edition)
(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 § 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
§ 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]
§ 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.
§ 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.
§ 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.
§ 32.63–20 Hull structure—B/ALL.
(a) General. In addition to complying
with the requirements of § 32.60–1, as
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Coast Guard, DHS
§ 32.65–1
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.
§ 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 boxend 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
§ 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
§ 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
§ 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.
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§ 32.65–5
46 CFR Ch. I (10–1–11 Edition)
§ 32.65–5 Scantlings,
material,
workmanship—TB/ALL.
and
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.
§ 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.
§ 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.
§ 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
§ 32.60–20.0.)
§ 32.65–25
Living quarters—TB/ALL.
Partitions and sheathing shall be of
approved fire-resistive construction.
§ 32.65–30 Tank vessels with
pendent tanks—TB/ALL.
inde-
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.
§ 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.
§ 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
§ 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.
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Coast Guard, DHS
§ 32.75–10
§ 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]
§ 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 § 32.65–15,
except that a dry cargo compartment
shall be considered to be equivalent to
a cofferdam, and except as provided for
in § 32.70–20.
§ 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 § 32.65–20
except that the electrical installation
shall comply with the requirements of
§ 32.45–10(c).
§ 32.70–20 Pump-engine
ment—TB/ALL.
compart-
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.
§ 32.70–25
Cargo tanks—TB/ALL.
Cargo tanks shall comply with the
conditions specified in §§ 32.65–30 and
32.65–35, and shall pass the tests required in § 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
§ 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.
§ 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.
§ 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 § 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.
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§ 32.75–15
46 CFR Ch. I (10–1–11 Edition)
§ 32.75–15 Electric
bonding
grounding for tanks—TB/ALL.
and
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.
§ 32.75–20 Hold
spaces
heads—TB/ALL.
and
bulk-
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 § 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
§ 32.80–1 General
ALL.
requirements—B/
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
§ 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
§ 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]
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Coast Guard, DHS
§ 34.01–5
PART 34—FIREFIGHTING
EQUIPMENT
Subpart 34.01—General
Sec.
34.01–1 Applicability—TB/ALL.
34.01–5 Equipment installed but not required—TB/ALL.
34.01–10 Protection for unusual arrangements or special products—TB/ALL.
34.01–15 Incorporation by reference.
Subpart 34.05—Firefighting Equipment,
Where Required
34.05–1 Fire main system—T/ALL.
34.05–5 Fire-extinguishing systems—T/ALL.
34.05–10 Portable and semiportable extinguishers—TB/ALL.
34.05–20 Fire axes—T/ALL.
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
Subpart 34.10—Fire Main System, Details
34.30–1
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
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
34.15–1 Application—T/ALL.
34.15–5 Quantity, pipe sizes, and discharge
rates—T/ALL.
34.15–10 Controls—T/ALL.
34.15–15 Piping—T/ALL.
34.15–20 Carbon dioxide storage—T/ALL.
34.15–25 Discharge outlets—T/ALL.
34.15–30 Alarms—T/ALL.
34.15–35 Enclosure openings—T/ALL.
34.15–40 Pressure relief—T/ALL.
34.15–90 Installations contracted for prior to
January 1, 1962—T/ALL.
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
Subpart 34.17—Fixed Foam Extinguishing
Systems, Details
§ 34.01–1
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—TB/ALL.
Application—T/ALL.
Applicability—TB/ALL.
(a) The provisions of this part shall
apply to all tank vessels except as otherwise noted in this part.
[CGFR 65–50, 30 FR 16694, Dec. 30, 1965, as
amended by CGD 88–032, 56 FR 35821, July 29,
1991]
§ 34.01–5 Equipment installed but not
required—TB/ALL.
(a) Where firefighting equipment is
not required, but is installed, the
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§ 34.01–10
46 CFR Ch. I (10–1–11 Edition)
equipment and its installation shall be
of an approved type.
§ 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.
§ 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/federallregister/
codeloflfederallregulations/
ibrllocations.html. Also, it is available
for inspection at the Coast Guard, Office of Design and Engineering Standards (CG–521), 2100 2nd St. SW., Stop
7126, Washington, DC 20593–7126, 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 F 1121–87 (Reapproved 1993),
Standard
Specification
for
International Shore Connections for Marine
Fire Applications, 1987, incorporation
by reference approved for § 34.10–15.
(2) [Reserved]
(c) National Fire Protection Association (NFPA), 1 Batterymarch Park,
Quincy, MA 02269–9101, telephone 800–
344–3555, http://www.nfpa.org.
(1) NFPA 13–1996, Standard for the Installation of Sprinkler Systems, incorporation by reference approved for
§ 34.30–1.
(2) [Reserved]
[USCG–2009–0702, 74 FR 49227, Sept. 25, 2009]
Subpart 34.05—Firefighting
Equipment, Where Required
§ 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]
§ 34.05–5 Fire-extinguishing systems—
T/ALL.
(a) Approved fire extinguishing systems must be installed on all tankships
in the following locations. Previously
approved installations may be retained
as long as they are maintained in good
condition to the satisfaction of the Officer in Charge, Marine Inspection.
(1) Dry cargo compartments. A carbon
dioxide or water spray system must be
installed for the protection of all dry
cargo compartments. Where such compartments are readily accessible by
means of doors such spaces need be protected only by the fire main system.
(2) Cargo tanks. A deck foam system
must be installed for the protection of
all cargo tank spaces. Where a deck
foam system is installed, an approved
inert gas, steam or other system may
also be installed for the purposes of fire
prevention or inerting of cargo tanks.
For vessels under 100 feet in length, the
semiportable equipment required by
footnote 1 of table 34.05–5(a) will be
considered as meeting the requirements of this subparagraph.
(3) Lamp and paint lockers and similar
spaces. A carbon dioxide or water spray
system must be installed in all lamp
and paint lockers, oil rooms, and similar spaces.
(4) Pump rooms. A carbon dioxide,
inert gas, foam or water spray system
must be installed for the protection of
all pumprooms.
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Coast Guard, DHS
§ 34.10–5
(5) Boilerrooms. On tankships contracted for on or after November 19,
1952, a carbon dioxide or foam system
shall be installed for the protection of
all spaces containing oil fired boilers,
either main or auxiliary, their fuel oil
service pumps and/or such fuel oil units
as the heaters, strainers, valves, manifolds, etc., that are subject to the discharge pressure of the fuel oil service
pumps.
(6) Machinery spaces. A carbon dioxide
system shall be installed for the protection of machinery spaces containing
internal combustion propelling engines
using fuel having a flashpoint of less
than 110 degrees F.
(7) Internal combustion installations.
Fire-extinguishing systems shall be
provided for internal combustion installations in accordance with the following:
(i) If a fire-extinguishing system is
installed to protect an internal combustion installation, the system shall
be of the carbon dioxide type.
(ii) On vessels of 1,000 gross tons and
over on an international voyage, the
construction or conversion of which is
contracted for on or after May 26, 1965,
a fixed carbon dioxide system shall be
installed in all spaces containing internal combustion or gas turbine main
propulsion machinery, auxiliaries with
an aggregate power of 1,000 b.h.p. or
greater, or their fuel oil units, including purifiers, valves, and manifolds.
(iii) On vessels of 1,000 gross tons and
over, the construction, conversion or
automation of which is contracted for
on or after January 1, 1968, a fixed carbon dioxide system shall be installed in
all spaces containing internal combustion or gas turbine main propulsion
machinery, auxiliaries with an aggregate power of 1,000 b.h.p. or greater, or
their fuel oil units, including purifiers,
valves and manifolds.
(8) Enclosed ventilating system. On
tankships contracted for on or after
January 1, 1962, where an enclosed ventilating system is installed for electric
propulsion motors or generators, a carbon dioxide extinguishing system shall
be installed in such system.
(b) The arrangements and details of
the fire-extinguishing systems shall be
as set forth in subparts 34.10 through
34.20.
[CGFR 65–50, 30 FR 16694, Dec. 30, 1965, as
amended by CGFR 67–90, 33 FR 1015, Jan. 26,
1968; CGD 77–057a, 44 FR 66502, Nov. 19, 1979;
CGD 95–027, 61 FR 25998, May 23, 1996]
§ 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]
§ 34.05–20
Fire axes—T/ALL.
(a) Fire axes shall be provided on all
tankships.
(b) The location and arrangement of
fire axes shall be as set forth in subpart
34.60.
Subpart 34.10—Fire Main System,
Details
§ 34.10–1
Application—TB/ALL.
(a) On all tankships the provisions of
this subpart, with the exception of
§ 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 § 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.
§ 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. (feet)
Over—
Not
over—
100
250
400
100
250
400
650
Minimum
number of
pumps
Powerful
streams
of water
per pump
(1)
................
32
32
32
21
2
2
Minimum hydrant and hose
size (inches)
Exterior
stations
Interior
stations
............
11⁄2
11⁄2
4 21⁄2
............
11⁄2
11⁄2
11⁄2
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§ 34.10–10
46 CFR Ch. I (10–1–11 Edition)
TABLE 34.10–5(a)—FIRE PUMPS—Continued
Size vessel,
L.O.A. (feet)
Over—
Not
over—
650
...........
Minimum
number of
pumps
Powerful
streams
of water
per pump
2
33
Minimum hydrant and hose
size (inches)
Exterior
stations
Interior
stations
4 21⁄2
11⁄2
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 21⁄2-inch hydrant size is required, two 11⁄2-inch outlets may be substituted therefor with two 11⁄2-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 11⁄2-inch hose is permitted in lieu
of 21⁄2-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 § 34.10–15(e), shall have
a minimum capacity of at least twothirds 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]
§ 34.10–10 Fire station hydrants, hose
and nozzles—T/ALL.
(a) The size of fire station hydrants
and hose required shall be as noted in
Table 34.10–5(a).
(b) Fire hydrants shall be of sufficient number and so located that any
part of living quarters, storerooms,
working spaces and weather decks accessible to crew while at sea may be
reached with two effective spray patterns of water, one of which shall be
from a single 50-foot length of hose. In
main machinery spaces all portions of
such spaces shall be capable of being
reached by at least 2 effective spray
patterns of water, each of which shall
be from a single 50-foot length of hose
from separate outlets.
(c) The outlets at the fire station hydrant shall be limited to any position
from the horizontal to the vertical
pointing downward so that hose will
lead horizontally or downward to minimize possibility of kinking.
(d) All fire station hydrants shall be
equipped with spanners suitable for use
on the hose at that station.
(e) Each fire station hydrant must
have at least 1 length of firehose. Each
firehose on the hydrant must have a
combination solid stream and water
spray firehose nozzle that meets the requirements in subpart 162.027 of this
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Coast Guard, DHS
§ 34.10–15
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 applicators
Location
Living space ..............................
Weather deck ............................
Machinery space .......................
Approved
applicator
length (feet)
1
4
2
4
10 or 12
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 11⁄2 inch (38
millimeter) and 21⁄2 inch (64 millimeter)
hose sizes, i.e. 9 threads per inch for 11⁄2
inch hose, and 71⁄2 threads per inch for
21⁄2 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 goosenecked 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-H451E. Hose that bears the label of Underwriters’ Laboratories, Inc. as lined
fire hose is accepted as conforming to
this requirement. Each section of replacement fire hose or any section of
new fire hose placed aboard a vessel
after January 1, 1977 must also conform
to the specification required by this
paragraph.
(n) Coupling shall conform to the requirements of paragraph (h) of this section.
(o) Each low-velocity water spray applicator under paragraph (f) of this section must have fixed brackets, hooks,
or other means for stowing next to the
hydrant.
[CGFR 65–50, 30 FR 16694, Dec. 30, 1965, as
amended by CGD 74–60, 41 FR 43151, Sept. 30,
1976; CGD 76–086, 44 FR 2391, Jan. 11, 1979;
CGD 95–027, 61 FR 25999, May 23, 1996; CGD 95–
028, 62 FR 51199, Sept. 30, 1997]
§ 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
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§ 34.10–90
46 CFR Ch. I (10–1–11 Edition)
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 § 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 § 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 § 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]
§ 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
§§ 34.10–5 through 34.10–15 insofar as is
reasonable and practicable.
(3) Tankships of less than 500 gross
tons shall be equipped with an efficient
hand pump capable of delivering 50 gallons per minute or a power-driven
pump of equivalent capacity. However,
on tankships of 20 gross tons or under
where it is impracticable to install a
hand or power-operated fire pump, or
on tankships with only one man in the
crew, at least one additional B-II fire
extinguisher may be accepted in lieu of
a fire pump.
(4) Tankships of 500 gross tons and
over but not over 1,000 gross tons shall
be provided with one independently
power-driven pump.
(5) Tankships of over 1,000 gross tons
shall be provided with two independently power-driven pumps.
(6) On tankships of 500 gross tons and
over, the capacity of the combined fire
pump installation shall be one-fifth
gallon per minute per gross ton of the
ship. The maximum total fire pump capacity required for any tankship shall
be 800 gallons per minute.
(7) Each fire pump on a tankship of
500 gross tons or more must deliver
enough water to the fire main so that
the topmost outlet on the fire main
emits two jets of water at a Pitot tube
pressure of 50 pounds per square inch
through two combination solid stream
and water spray firehose nozzles meeting paragraph (10) of this section.
(8) On oil-burning tankships, provided with two fire pumps, where the
engine and fire rooms are not entirely
separated by iron or steel bulkheads, or
if fuel can drain from fireroom bilges
into the engineroom, one of the fire
pumps shall be located in an accessible
space separate from the machinery
compartment. On all tankships contracted for on or after November 19,
1952, the requirements of paragraph (f)
of § 34.10–5 shall be met.
(9) Fire hydrant outlets shall have a
minimum diameter of 11⁄2 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
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Coast Guard, DHS
§ 34.15–5
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 § 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 § 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.
§ 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
§ 34.15–1 Application—T/ALL.
(a) Where a carbon dioxide extinguishing system is installed, the provisions of this subpart, with the exception of § 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 § 34.15–
90.
(b) The requirements of this subpart
are based on a ‘‘high pressure system,’’
i.e., one in which the carbon dioxide is
stored in liquid form at atmospheric
temperature. Details for ‘‘low pressure
systems,’’ i.e., those in which the carbon dioxide is stored in liquid form at
a continuously controlled low temperature, may be specifically approved by
the Commandant where it is demonstrated that a comparable degree of
safety and fire extinguishing ability is
achieved.
§ 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
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§ 34.15–5
46 CFR Ch. I (10–1–11 Edition)
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.
nal combustion propelling machinery,
or fuel oil installations subject to the
discharge pressure of the fuel oil service pump extend into such space, in
which case the volume shall be taken
to the top of the casing or the next material reduction in casing area, whichever is lower. The terms ‘‘normal machinery casing’’ and ‘‘material reduction in casing area’’ shall be defined as
follows:
(i) By ‘‘normal machinery casing’’
shall be meant a casing the area of
which is not more than 40 percent of
the maximum area of the machinery
space.
(ii) By ‘‘material reduction in casing
area’’ shall be meant a reduction to at
least 40 percent of the casing area.
(3) For the purpose of the above requirements of this paragraph, the volume of a pumproom shall include the
pumproom and all associated trunks up
to the deck at which access from the
weather is provided.
(4) For tankships on an international
voyage contracted for on or after May
26, 1965, the amount of carbon dioxide
required for a space containing propulsion boilers or internal combustion
propulsion machinery shall be as given
by paragraphs (d) (1) and (2) of this section or by dividing the entire volume,
including the casing, by a factor of 25,
whichever is the larger.
(5) Branch lines in the various spaces
shall be noted in Table 34.15–5(d)(5).
TABLE 34.15–5(d)(5)
Maximum
quantity of
carbon dioxide required,
pounds
100
225
300
600
1,000
2,450
TABLE 34.15–5(d)(1)
Gross volume of compartment, cubic
feet
Over
Factor
Not Over
500
1,600
4,000
50,000
500
1,600
4,500
50,000
..............................
Minimum
pipe sizes,
inches
15
16
18
20
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, inter-
1⁄2
3⁄4
1
11⁄4
11⁄2
2
Maximum
quantity of
carbon dioxide required,
pounds
Minimum
pipe size
inches
2,500
4,450
7,100
10,450
15,000
......................
21⁄2
3
31⁄2
4
41⁄2
......................
(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
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Coast Guard, DHS
§ 34.15–10
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]
§ 34.15–10
Controls—T/ALL.
(a) Except as noted in § 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 § 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 § 35.40–10 of the subchapter.
(d) Systems of the type indicated in
§ 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
§ 34.15–5(d), which are of more than 300
pounds of carbon dioxide shall be fitted
with an approved delayed discharge so
arranged that the alarm will be sounded for at least 20 seconds before the
carbon dioxide is released into the
space. Such systems of not more than
300 pounds of carbon dioxide shall also
have a similar delayed discharge, except for spaces which have a suitable
horizontal escape.
(g) All distribution valves and controls shall be of an approved type. All
controls shall be suitably protected.
(h) Complete but simple instructions
for the operation of the systems must
be located in a conspicuous place at or
near all pull boxes, stop valve controls
and in the CO2 cylinder storage room.
On systems in which the CO2 cylinders
are not within the protected space,
these instructions must also include a
schematic diagram of the system and
instructions detailing alternate methods of discharging the system should
the manual release or stop valve controls fail to operate. Each control valve
to branch lines must be marked to indicate the related space served.
(i) If the space or enclosure containing the carbon dioxide supply or
controls is to be locked, a key to the
space or enclosure shall be in a breakglass-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]
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§ 34.15–15
46 CFR Ch. I (10–1–11 Edition)
§ 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.
§ 34.15–20
ALL.
Carbon dioxide storage—T/
(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
§ 34.15–5(d), consisting of not more than
300 pounds of carbon dioxide, may have
the cylinders located within the space
protected. If the cylinder stowage is
within the space protected, the system
shall be arranged in an approved manner to be automatically operated by a
heat actuator within the space in addition to the regular remote and local
controls.
(c) The space containing the cylinders shall be properly ventilated and
designed to preclude an anticipated
ambient temperature in excess of 130
degrees F.
(d) Cylinders shall be securely fastened and supported, and where necessary, protected against injury.
(e) Cylinders shall be so mounted as
to be readily accessible and capable of
easy removal for recharging and inspection. Provisions shall be available
for weighing the cylinders.
(f) Where subject to moisture, cylinders shall be so installed as to provide a space of at least 2 inches between the flooring and the bottom of
the cylinders.
(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
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Coast Guard, DHS
§ 34.15–90
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 §§ 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; USCG1999–6216, 64 FR 53223, Oct. 1, 1999]
§ 34.15–25 Discharge outlets—T/ALL.
(a) Discharge outlets shall be of an
approved type.
§ 34.15–30 Alarms—T/ALL.
(a) Spaces required to have a delayed
discharge by § 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 § 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.
§ 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 pro-
tected 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.
§ 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.
§ 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 §§ 34.15–5
through 34.15–40 insofar as is reasonable and practicable, with the exception of § 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
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§ 34.17–1
46 CFR Ch. I (10–1–11 Edition)
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
2
4
6
12
16
27
39
60
80
104
Not over
2
4
6
12
16
27
39
60
80
104
165
⁄ -standard.
3⁄4-standard.
1-extra heavy.
11⁄4-extra heavy.
11⁄2-extra heavy.
2-extra heavy.
21⁄2-extra heavy.
3-extra heavy.
31⁄2-extra heavy.
4-extra heavy.
5-extra heavy.
12
(b) Installations contracted for on or
after November 19, 1952, but prior to
January 1, 1962, shall meet the requirements of this paragraph.
(1) Existing arrangements, materials,
and facilities previously approved shall
be considered satisfactory so long as
they meet the minimum requirements
of this paragraph and they are maintained in good condition to the satisfaction of the Officer in Charge, Marine
Inspection. Minor repairs and alterations may be made to the same standards as the original installation.
(2) The details of the systems shall be
in general agreement with §§ 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
§ 34.17–1
Application—T/ALL.
(a) Where a fixed foam extinguishing
system is installed, the provisions of
this subpart with the exception of
§ 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 § 34.17–90.
§ 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.
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§ 34.17–90
(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 foamproducing 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.
§ 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 § 35.40–10 of this subchapter. Where
pumps are required, it shall not be necessary that they be started from the
control space.
(c) Complete, but simple instructions
for the operation of the system shall be
located in a conspicuous place at or
near the controls.
(d) The valves to the various spaces
served shall be marked as required by
§ 35.40–10 of this subchapter.
§ 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.
§ 34.17–20
Discharge outlets—T/ALL.
(a) Discharge outlets shall be of an
approved type.
§ 34.17–25 Additional
quired—T/ALL.
protection
(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.
§ 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 §§ 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 § 34.17–5 and § 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
§ 34.17–5.
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§ 34.20–1
46 CFR Ch. I (10–1–11 Edition)
(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 § 34.17–5(b), except that the value of 1 gallon per
minute shall be substituted in both
cases for the value of 1.6 gallons per
minute. The quantity of foam provided
shall be sufficient to operate the equipment for 5 minutes.
(5) On installations installed prior to
November 19, 1952, a semiportable foam
generator using a dry-chemical mixture or mechanical foam in conjunction with the fire lines may be substituted for the fixed system subject to
the following conditions:
(i) There shall be at least one fire
pump of suitable capacity available
which can be operated and controlled
from outside the space protected.
(ii) Stop valves shall be installed in
the line so that if any portion of the
fire main is ruptured, the foam generator may still be operated. Connections
for at least two fire hoses shall be provided between the pump and the stop
valve.
(iii) If the foam system is of the portable or semiportable type, the apparatus and chemicals shall be stored in
a readily accessible place protected
from the weather.
Subpart 34.20—Deck Foam
System, Details
§ 34.20–1 Application—T/ALL.
(a) Where a deck foam system is installed, the provisions of this subpart,
except § 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 § 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]
§ 34.20–3 Cargo
ALL.
area
definition—T/
(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.
§ 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
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§ 34.20–15
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]
§ 34.20–10
Controls—T/ALL.
(a) The foam agent, its container,
measuring devices, and other items peculiar to this system shall be of an approved type.
(b) The foam agent container and the
main controls for operating the system
shall be located in a protected space
not likely to be made inaccessible in
the event of a fire in any portion of the
cargo area.
(c) Complete, but simple instructions
for the operation of the system shall be
located in a conspicuous place at or
near the controls.
(d) All valves shall be marked as required by § 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]
§ 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 § 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
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§ 34.20–20
46 CFR Ch. I (10–1–11 Edition)
(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]
§ 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 § 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]
§ 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]
§ 34.20–90 Installations contracted for
prior to January 1, 1970—T/ALL.
(a) Installations contracted for prior
to January 1, 1970, shall meet the following requirements:
(1) Existing arrangements, materials,
and facilities previously approved shall
be considered satisfactory so long as
they meet the minimum requirements
of this paragraph and they are maintained in good condition to the satisfaction of the Officer in Charge, Marine
Inspection. Minor repairs and alterations may be made to the same standards as the original installation.
(2) For installations contracted for
prior to November 19, 1952, see § 34.17–
90(a)(5).
(3) Installations contracted for on or
after November 4, 1957, but prior to
January 1, 1970, shall meet the require-
ments of §§ 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
§ 34.25–1
Application—T/ALL.
(a) Where a water spray extinguishing system is installed, the provisions of this subpart, with the exception of § 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 § 34.50–
90.
§ 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.
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§ 34.25–10
§ 34.50–5
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 § 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 § 35.40–
18 of this subchapter.
§ 34.25–15
Piping—T/ALL.
(a) All piping, valves and fittings
shall meet the applicable requirements
of subchapter F (Marine Engineering)
of this chapter.
(b) Distribution piping shall be of
materials resistant to corrosion, except
that steel or iron pipe may be used if
inside corrosion resistant coatings
which will not flake off and clog the
nozzles are applied. Materials readily
rendered ineffective by heat of a fire
shall not be used. The piping shall be
subject to approval for each installation.
(c) All piping, valves, and fittings
shall be securely supported, and where
necessary, protected against injury.
(d) Drains, strainers, and dirt traps
shall be fitted where necessary to prevent the accumulation of dirt or moisture.
(e) Threaded joints shall be metal to
metal, with no thread compound used.
(f) Distribution piping shall be used
for no other purpose.
(g) All piping shall be thoroughly
cleaned and flushed before installation
of the water spray nozzles.
§ 34.25–20
Spray nozzles—T/ALL.
(a) Spray nozzles shall be of an approved type.
§ 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 §§ 34.25–5
through 34.25–20 insofar as is reasonable and practicable.
Subpart 34.30—Automatic
Sprinkler Systems, Details
§ 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
§ 34.50–1
Application—TB/ALL.
(a) The provisions of this subpart,
with the exception of § 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 § 34.50–90.
§ 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.
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§ 34.50–10
46 CFR Ch. I (10–1–11 Edition)
(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)
Classification
type
(Size)
Soda-acid
and water
(Gallons)
Foam
(Gallons)
Carbon
dioxide
(Pounds)
Dry
chemical
(Pounds)
A-II ..............
B-I ...............
B-II ..............
B-III .............
B-IV ............
B-V .............
C-I ...............
CC-II ...........
21⁄2
..................
..................
..................
..................
..................
..................
..................
21⁄2
11⁄4
21⁄2
12
20
40
................
................
..............
4
15
35
50
1 100
4
15
..............
2
10
20
30
1 50
2
10
1 For
outside use, double the amount shall be carried.
§ 34.50–10 Location—TB/ALL.
(a)
Approved
portable
and
semiportable extinguishers shall be installed in accordance with Table 34.50–
10(a). The location of the equipment
shall be such as in the opinion of the
Officer in Charge, Marine Inspection,
will be most convenient in case of
emergency.
Where
special
circumstances exist, not covered by Table
34.50–10(a), the Officer in Charge, Marine Inspection, may require such additional equipment as he deems necessary for the proper protection of the
vessel.
(b) For additional portable extinguishers as a substitute for sand, see
§ 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 § 35.40–
25 of this subchapter.
(e) Portable extinguishers and their
stations shall be numbered in accordance with § 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
Area
Quantity and location
Classification
(see § 34.50–5)
1 required ...........................
1 required in vicinity of exit
C-II ....................
C-II1 ...................
Wheelhouse and chartroom area. ...
Radio room ......................................
1 required in each main
passageway on each
deck, conveniently located, and so that no
room is more than 75
feet from an extinguisher.
A-II or B-II .........
Staterooms, toilet spaces, public
spaces, offices, etc., and associated lockers, storerooms, and
pantries..
1 required for each 2,500
square feet or fraction
thereof, suitable for hazard involved.
B-II or C-II .........
Galleys .............................................
Classification (see
§ 34.50–5)
Quantity and location
...............................
...............................
None required.
None required.
A-II or B-II .............
1 required in vicinity of exit
B-II or C-II ............
1 required, suitable
for hazard involved.
Safety Areas
Accommodation Areas
Service Areas
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Coast Guard, DHS
§ 34.50–20
TABLE 34.50–10(a)—PORTABLE AND SEMIPORTABLE EXTINGUISHERS—Continued
Tank ships
Tank barges
Area
Quantity and location
Classification
(see § 34.50–5)
Classification (see
§ 34.50–5)
Quantity and location
1 required for each 2,500
square feet or fraction
thereof, suitable for hazard involved.
A-II or B-II .........
Stores areas, including paint and
lamp rooms.
...............................
None required.
Spaces containing oil fired boilers,
either main or auxiliary, or any
fuel oil units subject to the discharge pressure of the fuel oil
service pump.
B-II ........................
1 required.12
Spaces containing internal combustion or gas turbine propulsion machinery.
...............................
None required.
Auxiliary spaces containing internal
combustion or gas turbine units.
Auxiliary spaces containing emergency generators.
B-II ........................
1 required in vicinity of exit. 7,9,12
None required.
Machinery Area 2
2
required 3
.........................
1 required ...........................
1 required for each 1,000
B.H.P., but not less than
2 nor more than 6 5.
1 required 6,7 .......................
1 required in vicinity of
exit 7.
1 required in vicinity of
exit 8.
B-II ....................
and
B-V4.
B-II ....................
and
B-III.
B-II ....................
C-II ....................
...............................
Cargo Areas
1 required in lower pumproom.
None required .....................
B.II .....................
Pumprooms .....................................
B-II ........................
...........................
Cargo tank area ..............................
B-II ........................
B-V .......................
1 required in vicinity of exit. 9,12
2 required. 10,12
1 required. 9,11
1 Vessels
not on an international voyage may substitute 2 C-I.
2 A C-II shall be immediately available to the service generator and main switchboard areas, and further, a C-II shall be conveniently located not more than 50 feet walking distance from any point in all main machinery operating spaces. These extinguishers need not be in addition to other required extinguishers.
3 Vessels of less than 1,000 gross tons require 1.
4 Vessels of less than 1,000 gross tons may substitute 1 B-IV.
5 Only 1 required for vessels under 65 feet in length.
6 If oil burning donkey boiler fitted in space, the B-V previously required for the protection of the boiler may be substituted. Not
required where a fixed carbon dioxide system is installed.
7 Not required on vessels of less than 300 gross tons if fuel has a flashpoint higher than 110 °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
§ 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]
§ 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 § 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.
§ 34.50–20 Semiportable
guishers—TB/ALL
fire
extin-
(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
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§ 34.50–90
46 CFR Ch. I (10–1–11 Edition)
from rolling out of control under heavy
sea conditions.
[CGD 77–039, 44 FR 34132, June 14, 1979]
§ 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 §§ 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
§ 34.60–1 Application—T/ALL.
(a) The provisions of this subpart
shall apply to all tankships.
(b) [Reserved]
§ 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.
readily available in the event of emergency.
(b) If fire axes are not located in the
open, or behind glass, so that they may
readily be seen, they may be placed in
enclosures together with the fire hose,
provided such enclosures are marked as
required by § 35.40–15 of this subchapter.
PART 35—OPERATIONS
Subpart 35.01—Special Operating
Requirements
Sec.
35.01–1 Inspection and testing required when
making alterations, repairs, or other
such operations involving riveting, welding, burning, or like fire-producing actions—TB/ALL.
35.01–3 Incorporation by reference.
35.01–5 Sanitary condition and crew quarters—T/ALL.
35.01–10 Shipping papers—TB/ALL.
35.01–15 Carriage of persons other than
crew—TB/ALL.
35.01–25 Sacrificial anode installations—TB/
ALL.
35.01–35 Repairs and alterations to firefighting 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
TABLE 34.60–5(a)
1
2
3
4
5
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.
§ 34.60–10 Location—T/ALL.
(a) Fire axes shall be distributed
throughout the spaces so as to be most
35.07–1 Application—TB/ALL.
35.07–5 Logbooks and records—TB/ALL.
35.07–10 Actions required to be logged—TB/
ALL.
Gross tons
Number of axes
Over
Not over
50
200
500
1,000
50
200
500
1,000
..............................
Subpart 35.07—Logbook Entries
(b) [Reserved]
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Coast Guard, DHS
Pt. 35
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
35.35–5 Electric bonding—TB/ALL.
35.35–10 Closing of freeing-ports, scuppers,
and sea valves—TB/ALL.
35.35–15 Connecting for cargo transfer—TB/
ALL.
35.35–20 Inspection
before
transfer
of
cargo—TB/ALL.
35.35–25 Approval to start transfer of
cargo—TB/ALL.
35.35–30 ‘‘Declaration of Inspection’’ for
tank vessels—TB/ALL.
35.35–35 Duties of person in charge of transfer—TB/ALL.
35.35–40 Conditions under which transfer operations shall not be commenced or if
started shall be discontinued—TB/ALL.
35.35–42 Restrictions on vessels alongside a
tank vessel loading or unloading cargo of
Grade A, B, or C—TB/ALL.
35.35–45 Auxiliary steam, air, or electric
current—B/ALL.
35.35–50 Termination
of
transfer
operations—TB/ALL.
35.35–55 Transfer of other cargo or stores on
tank vessels—TB/ALL.
35.35–60 Transportation of other cargo or
stores on tank barges—B/ALL.
35.35–70 Maintenance of cargo handling
equipment—TB/ALL.
35.35–75 Emergencies—TB/ALL.
35.35–85 Air compressors—TB/ALL.
Subpart 35.40—Posting and Marking
Requirements—TB/ALL
35.40–1 General alarm contact maker—TB/
ALL.
35.40–5 General alarm bells—TB/ALL.
35.40–6 Emergency lights—TB/ALL.
35.40–7 Carbon dioxide alarm—T/ALL.
35.40–10 Steam, foam, or CO2 fire smothering apparatus—TB/ALL.
35.40–15 Fire hose stations—TB/ALL.
35.40–17 Foam hose/monitor stations—T/
ALL.
35.40–18 Water spray systems—TB/ALL.
35.40–20 Emergency equipment—TB/ALL.
35.40–25 Fire extinguishers—TB/ALL.
35.40–30 Instructions for changing steering
gear—TB/ALL.
35.40–35 Rudder orders—TB/ALL.
35.40–40 Marking and instructions for fire
and emergency equipment—TB/ALL.
AUTHORITY: 33 U.S.C. 1321(j); 46 U.S.C. 3306,
3703, 6101; 49 U.S.C. 5103, 5106; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351;
Department of Homeland Security Delegation No. 0170.1.
SOURCE: CGFR 65–50, 30 FR 16704, Dec. 30,
1965, unless otherwise noted.
Persons on duty—TB/ALL.
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§ 35.01–1
46 CFR Ch. I (10–1–11 Edition)
Subpart 35.01—Special Operating
Requirements
§ 35.01–1 Inspection and testing required when making alterations, repairs, or other such operations involving riveting, welding, burning,
or like fire-producing actions—TB/
ALL.
(a) The provisions of ‘‘Standard for
the Control of Gas Hazards on Vessels
to be Repaired,’’ NFPA No. 306, published by National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be used as a guide in
conducting
the
inspections
and
issuance of certificates required by this
section.
(b) Until an inspection has been made
to determine that such operation can
be undertaken with safety, no alterations, repairs, or other such operations involving riveting, welding,
burning, or like fire-producing actions
shall be made:
(1) Within or on the boundaries of
cargo tanks which have been used to
carry flammable or combustible liquid
or chemicals in bulk, or within spaces
adjacent to such cargo tanks; or,
(2) Within or on the boundaries of
fuel tanks; or,
(3) To pipe lines, heating coils,
pumps, fittings, or other appurtenances
connected to such cargo or fuel tanks.
(c) Such inspections shall be made
and evidenced as follows:
(1) In ports or places in the United
States or its territories and possessions, the inspection shall be made by
a marine chemist certificated by the
National Fire Protection Association;
however, if the services of such certified marine chemist are not reasonably available, the Officer in Charge,
Marine Inspection, upon the recommendation of the vessel owner and
his contractor or their representative,
shall select a person who, in the case of
an individual vessel, shall be authorized to make such inspection. If the inspection indicates that such operations
can be undertaken with safety, a certificate setting forth the fact in writing and qualified as may be required,
shall be issued by the certified marine
chemist or the authorized person before the work is started. Such qualifications shall include any require-
ments 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]
§ 35.01–3
Incorporation by reference.
(a) Certain materials are incorporated by reference into this part
with the approval of the Director of the
Federal Register in accordance with 5
U.S.C. 552(a). To enforce any edition
other than the one listed in paragraph
(b) of this section, notice of the change
must be published in the FEDERAL REGISTER and the material made available
to the public. All approved material is
on file at the U.S. Coast Guard, Office
of Operating and Environmental Standards, (CG–522), 2100 2nd St. SW., Stop
7126, Washington, DC 20593–7126, 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/federallregister/
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Coast Guard, DHS
§ 35.01–25
codeloflfederallregulations/
ibrllocations.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,
© 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; USCG1999–5151, 64 FR 67177, Dec. 1, 1999; USCG–
2009–0702, 74 FR 49227, Sept. 25, 2009]
§ 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]
§ 35.01–10 Shipping papers—TB/ALL.
Each loaded tank vessel shall have on
board a bill of lading, manifest, or shipping document giving the name of the
consignee and the location of the delivery point, the kind, grades, and approximate quantity of each kind and grade
of cargo, and for whose account the
cargo is being handled. The tank vessel
shall not be delayed in order to secure
exact quantities of cargo. Such manifests or bills of lading may be made out
by the master, master of the towing
vessel, owner, or agent of the owner:
Provided, however, That in the case of
unmanned barges where shipping papers are not available, an entry in the
logbook of the towing vessel giving the
name of the shipper and location of
shipping point, the name of the consignee and location of delivery point,
the approximate kind, grade, and quantity of cargo in each barge of the tow,
and for whose account the cargo is
being handled, shall be considered as
complying with the requirements of
this section.
§ 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.
§ 35.01–25 Sacrificial
tions—TB/ALL.
anode
installa-
(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/
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§ 35.01–35
46 CFR Ch. I (10–1–11 Edition)
or magnesium in whole or in part are
permitted.
[CGFR 69–72, 34 FR 17482, Oct. 29, 1969]
§ 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.
§ 35.01–45 Open hopper type barges—
B/ALL.
(a) With the exception of those open
hopper type barges constructed or
modified in conformance with the requirements of subpart 32.63 of this subchapter, the special operating conditions in this section apply to all other
open hopper type barges carrying those
cargoes listed in Table 30.25–1, of this
chapter, which are defined as:
(1) Flammable liquids having a Reid
vapor pressure in excess of 25 pounds
per square inch, absolute, in independent tanks (part 32 of this subchapter).
(2) Liquefied flammable gases (part 38
of this subchapter).
(b) All open hopper type barges, while
carrying in bulk any of the cargoes described in paragraph (a) of this section,
shall be operated in conformance with
the provisions in this section. However,
the provisions in this section are not
applicable to such barges when empty
(not necessarily cleaned or gas-freed).
(c)(1) Except as otherwise provided in
this section, no such open hopper type
barge shall be placed as a lead barge in
any tow. Such barges shall be placed in
protected positions within the tow so
that the danger from diving or swamping will be minimized. Where, due to
operating conditions, compliance with
this paragraph is impossible, the provisions of paragraph (c)(3) of this section
apply. The person in charge of the towing vessels shall be responsible for
compliance with this paragraph.
(2) No such open hopper type barge
shall be moved from a loading facility
unless all void spaces and bilges are
substantially free of water. Periodic inspections and necessary pumping shall
be carried out to insure the maintenance of such water-free conditions, in
order to minimize the free surface effect in both the longitudinal and transverse directions. Except when otherwise considered necessary for inspection or pumping, all hatch covers and
other hull closure devices for void
spaces and hull compartments shall be
closed and secured at all times. In the
case of unmanned barges, the person in
charge of the towing vessel shall be
deemed to be in charge of the barge,
and all requirements to be carried out
on the barge shall be carried out by or
under the direction of such person.
(3) When an open hopper type barge is
in an exposed position, such that protection from swamping provided by adjoining barges cannot be obtained from
location within the two alone, it shall
be the responsibility of the person in
charge of the towing vessel to control
speed so as to insure protection against
diving and swamping of the barge, having due regard to its design and
freeboard, and to the operating conditions.
(d) To show that special operating requirements apply to a specific open
hopper type barge, additional placards
or signs shall be displayed in at least
four different locations on the barge
when the cargoes described in paragraph (a) of this section are carried in
any form in the cargo tanks. The placards or signs shall be posted on the
barge approximately amidships on each
side and near the centerline of each
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 (103⁄4 inches
square or larger), and shall display a
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Coast Guard, DHS
§ 35.01–55
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]
§ 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 § 35.01–45.
(c) When it is necessary to operate
box or square-end barges as lead barges
of tows, the person in charge of the
towing vessel shall control the speed to
insure protection against diving and
swamping of such barges, having due
regard to their design and freeboard,
and to the operating conditions.
(d) All barges, while carrying in bulk
any of the cargoes described in paragraph (a) of this section, shall be operated in conformance with the provisions of this section. However, the provisions of this section are not applicable to such barges when empty and gasfreed.
(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 nec-
essary 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 § 31.15–5 of
this subchapter and § 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]
§ 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.
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§ 35.01–60
46 CFR Ch. I (10–1–11 Edition)
(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.
(1) Subpart 160.053 of this chapter; or
(2) Subpart 160.077 of this chapter as
a commercial hybrid PFD.
[CGD 79–032, 49 FR 25455, June 21, 1984]
(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.
§ 35.01–60 Person excluded.
Masters and pilots shall exclude from
the pilothouse and navigation bridge
while underway, all persons not connected with the navigation of the vessel. However, licensed officers of vessels, persons regularly engaged in
training, regulating, evaluating, or
learning the profession of pilot, officials of the United States Coast Guard,
United States Navy, United States
Coast and Geodetic Survey, United
States Army Corps of Engineers, Maritime Administration, and National
Transportation Safety Board may be
allowed in the pilothouse or upon the
navigation bridge upon the responsibility of the master or pilot.
[CGD 91–023, 59 FR 16779, Apr. 8, 1994]
Subpart 35.03—Work Vests
§ 35.03–1 Application—TB/ALL.
(a) Provisions of this subpart shall
apply to all tank vessels.
§ 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—
[CGD 78–174A, 51 FR 4350, Feb. 4, 1986]
§ 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.
§ 35.03–15
ALL.
§ 35.03–20
ALL.
Shipboard
stowage—TB/
Shipboard inspections—TB/
(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.
§ 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
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Coast Guard, DHS
§ 35.05–20
in the manual required for these devices by § 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
§ 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]
§§ 35.05–5–35.05–10
[Reserved]
§ 35.05–15 Tank vessel security—TB/
ALL.
(a) Manned tank vessel. At least one
member of the crew of a manned tank
vessel shall be on board at all times except when the vessel is gas free or is
moored at a dock or terminal at which
watchman service is provided.
(b) Unmanned barge. (1) The owner,
managing operator, master, and person
in charge of a vessel towing a tank
barge that need not be manned, and
each of them, shall be responsible for
monitoring the security and integrity
of the tank barge and for ensuring adherence to proper safety precautions.
These responsibilities include, but are
not limited to—
(i) Ensuring that any tank barge
added to the tow has all tank openings
properly secured; has its freeing-ports
and scuppers, if any, unobstructed;
meets any loadline or freeboard requirements; and neither leaks cargo
into the water, voids, or cofferdams nor
leaks water into the tanks, voids, or
cofferdams;
(ii) Ensuring that every tank barge
in the tow is properly secured within
the tow;
(iii) Ensuring that periodic checks
are made of every tank barge in the
tow for leakage of cargo into the
water, voids, or cofferdams and for
leakage of water into the tanks, voids,
or cofferdams;
(iv) Knowing the cargo of every tank
barge in the tow, any hazards associated with the cargo, and what to do on
discovery of a leak;
(v) Ensuring that the crew of the vessel know the cargo of every tank barge
in the tow, any hazards associated with
the cargo, and what to do on discovery
of a leak;
(vi) Reporting to the Coast Guard
any leaks from a tank barge in the tow
into the water, as required by 33 CFR
151.15; and
(vii) Ensuring that the crew of the
vessel and other personnel in the vicinity of the tank barges in the tow follow
the proper safety precautions for tank
vessels, and that no activity takes
place in the vicinity of the barges that
could create a hazard.
(2) When a barge is moored and contains more oil than the normal
clingage and unpumpable bilge or sump
residues, the barge must be kept under
surveillance by a person responsible for
the security of the barge and for keeping unauthorized persons off the barge.
(3) When a barge is moored and contains no oil but is not gas free:
(i) It must be maintained under surveillance as required in paragraph
(b)(2) of this section; or
(ii) All cargo tank hatches must be
clearly marked in not less than three
inch lettering ‘‘Danger—Keep Out,’’
and all hatch covers must be closed and
dogged down in such a way that the
hatch cannot be opened by the use of
bare hands alone.
[CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as
amended by CGD 80–009,48 FR 36459, Aug. 11,
1983; CGD 79–116, 60 FR 17155, Apr. 4, 1995]
§ 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.
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§ 35.05–25
§ 35.05–25
ALL.
46 CFR Ch. I (10–1–11 Edition)
Illness, alcohol, drugs—TB/
(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
§ 35.07–1
Application—TB/ALL.
(a) Except as specifically noted, the
provisions of this subpart shall apply
to all tank vessels.
§ 35.07–5 Logbooks
ALL.
and
records—TB/
(a) The master or person in charge of
a vessel that is required by 46 U.S.C.
11301 to have an official logbook shall
maintain the logbook on form CG-706.
The official logbook is available free to
masters of U.S.-flag vessels from the
officer in Charge, Marine Inspection, as
form CG-706B or CG-706C, depending on
the number of persons employed in the
crew. When the voyage is completed,
the master or person in charge shall
file the logbook with the Officer in
Charge, Marine Inspection.
(b) The master or person in charge of
a vessel that is not required by 46
U.S.C. 11301 to have an official logbook,
shall maintain, on board, an unofficial
logbook or record in any form desired
for the purposes of making entries
therein as required by law or regulations in this subchapter. Such logs or
records are not filed with the Officer in
Charge, Marine Inspection, but must be
kept available for review by a marine
inspector for a period of 1 year after
the date to which the records refer.
Separate records of tests and inspections of fire fighting equipment must
be maintained with the vessel’s logs for
the period of validity of the vessel’s
certificate of inspection.
[CGD 95–027, 61 FR 25999, May 23, 1996]
§ 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 § 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
§ 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 § 35.20–
10.
(5) Fuel oil data. Upon receipt of fuel
oil on board to be used as fuel. See
§ 35.25–10.
(6) Inspections and tests of firefighting equipment. Once every year.
See § 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 § 35.10–15.
(8) Cargo gear inspections: At least
once a month. See § 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 § 31.10–18 of this subchapter.
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Coast Guard, DHS
§ 35.10–15
(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 § 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
§ 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
§ 35.08–1
Posting of stability letter.
If a stability letter is issued under
§ 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
§ 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]
§ 35.10–3 Display of plans—TB/ALL.
Barges with sleeping accommodations for more than six persons and all
sef-propelled vessels shall have permanently exhibited for the guidance of
the officer in charge of the vessel the
following plans:
(a) General arrangement plans showing for each deck the fire control stations, the various sections enclosed by
fire-resisting bulkheads, together with
particulars of the fire alarms, detecting systems, the sprinkle installation
(if any), the fire extinguishing appliances, means of access to different
compartments, decks, etc., and the
ventilating systems including particu-
lars of the maste fan controls, the positions of dampers, the location of the
remote means of stopping fans, and
identification numbers of the ventilating fans serving each section. If
cargo compartments are ‘‘specially
suited for vehicles,’’ they shall be so
indicated on the plan. Alternatively, at
the discretion of the Commandant, the
aforementioned details may be set out
in any other medium, such as a booklet
or on computer software, provided that
the aforementioned details are available to each officer and a copy is retained on board at all times and is accessible during emergencies. For vessels constructed on or after September
30, 1997 or for existing vessels which
have their plans redrawn, the symbols
used to identify the aforementioned details shall be in accordance with IMO
Assembly resolution A.654(16). These
identical symbols can also be found in
ASTM Adjunct F 1626 (incorporated by
reference, see § 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]
§ 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]
§ 35.10–15 Emergency
lighting
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.
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§ 35.15–1
46 CFR Ch. I (10–1–11 Edition)
(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
§ 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
§ 35.20–1 Notice to mariners; aids to
navigation—T/OCLB.
(a) Licensed officers are required to
acquaint themselves with the latest information published by the Coast
Guard and the National Imagery and
Mapping Agency regarding aids to
navigation, and neglect to do so is evidence of neglect of duty. It is desirable
that vessels navigating oceans and
coastwise and Great Lakes water shall
have available in the pilothouse for
convenient reference at all times a file
of the applicable Notice to Mariners.
(b) Weekly Notices to Mariners
(Great Lakes Edition), published by the
Commander, 9th Coast Guard District,
contain announcements and information on changes in aids to navigation
and other marine information affecting
the safety of navigation on the Great
Lakes. These notices may be obtained
free of charge, by making application
to Commander, 9th Coast Guard District.
(c) Weekly Notices to Mariners
(worldwide coverage) are prepared
jointly by the National Imagery and
Mapping Agency, National Ocean Service, and the U.S. Coast Guard. They include changes in aids to navigation in
assembled form for the 1st, 5th, 7th,
Greater Antilles Section, 8th, 11th,
13th, 14th, and 17th Coast Guard Districts. Foreign marine information is
also included in these notices. These
notices are available without charge
from the National Imagery and Mapping Agency, U.S. Collector of Customs
of the major seaports in the United
States and are also on file in the U.S.
Consulates where they may be inspected.
(d) As appropriate for the intended
voyage, all vessels must carry adequate
and up-to-date:
(1) Charts;
(2) Sailing directions;
(3) Coast pilots;
(4) Light lists;
(5) Notices to mariners;
(6) Tide tables;
(7) Current tables; and
(8) All other nautical publications
necessary. 1
[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; USCG2001–10224, 66 FR 48619, Sept. 21, 2001]
§ 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.
§ 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
1 For United States vessels in or on the
navigable waters of the United States, see 33
CFR 164.33.
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Coast Guard, DHS
§ 35.20–40
charge shall determine that the vessel
complies with all applicable stability
requirements in the vessels’s trim and
stability book, stability letter, Certificate of Inspection, and Load Line Certificate, as the case may be. The vessel
may not depart until it is in compliance with these requirements.
(b) When determining compliance
with applicable stability requirements
the vessel’s draft, trim, and stability
must be determined as necessary.
(c) If a log book is required by § 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]
§ 35.20–10
Steering gear test—T/ALL.
On all tankships making voyages of
more than 48 hours’ duration, the entire steering gear, the whistle, the
means of communication, and the signaling appliances between the bridge or
pilothouse and engineroom shall be examined and tested by a licensed officer
of the vessel within a period of not
more than 12 hours before leaving port.
All such vessels making voyages of less
than 48 hours’ duration or operating on
lakes, bays, sounds, and rivers shall be
so examined and tested at least once in
every week. The fact and time of such
examination and test shall be recorded
in the ship’s logbook.
§ 35.20–20 Master’s and officer’s
sponsibility—TB/ALL.
re-
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.
§ 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]
§ 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]
§ 35.20–40 Maneuvering
tics—T/OC.
characteris-
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;
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§ 35.20–45
46 CFR Ch. I (10–1–11 Edition)
(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]
§ 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
§ 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]
§ 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.
§ 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,
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Coast Guard, DHS
§ 35.30–5
ASTM D 93) (incorporated by reference,
see § 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 § 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]
§ 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
§ 35.30–1 Warning signals and signs—
TB/ALL.
(a) Red warning signals. During transfer of bulk cargo while fast to a dock,
a red signal (flag by day and electric
lantern at night) shall be so placed
that it will be visible on all sides.
While transferring bulk cargo at anchor, a red flag only shall be displayed.
(b) Warning sign at gangway. A sign
shall be displayed to warn persons approaching the gangway, while a vessel
is moored or anchored unless it is
empty and gas-freed. The sign shall
state in letters not less than 2 inches
high substantially as follows:
Warning
No open lights.
No smoking.
No visitors.
(c) Warning sign in radio room. A sign
shall be placed in radio room warning
against the use of radio equipment during transfer of Grade A, B, or C liquids,
except by permission of senior deck officer.
(d) [Reserved]
(e) Additional placards or signs required in connection with the movement of certain open hopper type
barges are described in § 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]
§ 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.
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§ 35.30–10
46 CFR Ch. I (10–1–11 Edition)
(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]
§ 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.
§ 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.
§ 35.30–20
ALL
Emergency equipment—TB/
(a) Two emergency outfits, stored for
use in widely separated, accessible locations, are required for the following:
(1) All tankships on international
voyage.
(2) All tankships over 1,000 gross
tons.
(3) All tankships having cargo tanks
which exceed 15 feet in depth, measured
from the deck to the lowest point at
which cargo is carried.
(b) One emergency outfit is required
for all manned tank barges having
cargo tanks which exceed 15 feet in
depth, measured from the deck to the
lowest point at which cargo is carried.
(c) Each emergency outfit shall be
equipped as follows:
(1) One pressure-demand, open-circuit, self-contained breathing apparatus, approved by the Mine Safety and
Health Administration (MSHA) and by
the National Institute for Occupational
Safety and Health (NIOSH) and having
at a minimum a 30-minute air supply, a
full facepiece, and a spare charge.
(2) One lifeline with a belt or a suitable harness.
(3) One, Type II or Type III, flashlight constructed and marked in accordance with ASTM F 1014 incorporated by reference, see § 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 5/8inch 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]
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Coast Guard, DHS
§ 35.30–25
§ 35.30–40
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.
§ 35.30–30 Portable
ment—TB/ALL.
electric
equip-
Portable electric equipment must not
be used in a hazardous location described in subpart 111.105 of this chapter except:
(a) Self-contained, battery-fed, explosion-proof lamps approved by Underwriters Laboratories Inc., Factory Mutual Research Corporation, or other
independent laboratory recognized by
the Commandant, for use in a Class I,
Division 1 location for the electrical
group classification of the cargo;
(b) Intrinsically safe equipment approved by Underwriters Laboratories
Inc., Factory Mutual Research Corporation, or other independent laboratory recognized by the Commandant,
for use in a Class I, Division 1 location
for the electrical group classification
of the cargo; and
(c) Any electrical equipment, if:
(1) The hazardous location is:
(i) Enclosed; and
(ii) Gas free;
(2) The adjacent compartments are:
(i) Gas free;
(ii) Inerted;
(iii) Filled with water;
(iv) Filled with Grade E liquid; or
(v) Spaces where flammable gases are
not expected to accumulate; and:
(3) Each compartment where flammable gas is expected to accumulate is:
(i) Closed; and
(ii) Secured.
[CGD 74–125A, 47 FR 15230, Apr. 8, 1982]
§ 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 gasfree;
(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]
§ 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]
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§ 35.35–1
46 CFR Ch. I (10–1–11 Edition)
Subpart 35.35—Cargo Handling
§ 35.35–1 Persons on duty—TB/ALL.
(a) On each tankship required to be
documented under the laws of the
United States, the owner, managing
operator, master, and person in charge
of the vessel, and each of them, shall
ensure that—
(1) Enough ‘‘Tankerman-PICs’’ or restricted
‘‘Tankerman-PICs’’,
and
‘‘Tankerman-Assistants’’,
authorized
for the classification of cargo carried,
are on duty to safely transfer liquid
cargo in bulk or safely clean cargo
tanks; and
(2) Each transfer of liquid cargo in
bulk and each cleaning of a cargo tank
is supervised by a person qualified to
be the person in charge of the transfer
or the cleaning under subpart C of 33
CFR part 155.
(b) On each United States tank barge
subject to inspection—
(1) The owner, managing operator,
master, and person in charge of the
vessel, and each of them, shall ensure
that no transfer of liquid cargo in bulk
or cleaning of a cargo tank takes place
unless under the supervision of a qualified person designated as the person in
charge of the transfer or the cleaning
under subpart C of 33 CFR part 155; and
(2) The person designated as the person in charge of the transfer shall ensure that—
(i) Enough qualified personnel are on
duty to safely transfer liquid cargo in
bulk or safely clean cargo tanks; and
(ii) The approved portable extinguishers required by Table 34.50–10(a) of
this chapter are aboard and readily
available before any transfer of liquid
cargo in bulk or any operation of barge
machinery or boilers.
(c) On each foreign tankship, the
owner, managing operator, master, and
person in charge of the vessel, and each
of them, shall ensure that—
(1) Enough personnel, qualified for
the classification of cargo carried, are
on duty to safely transfer liquid cargo
in bulk or safely clean cargo tanks; and
(2) Each transfer of liquid cargo in
bulk and each cleaning of a cargo tank
is supervised by a qualified person designated as a person in charge of the
transfer or the cleaning under subpart
C of 33 CFR part 155.
(d) On each foreign tank barge—
(1) The owner, managing operator,
master, and person in charge of the
vessel, and each of them, shall ensure
that no transfer of liquid cargo in bulk
or cleaning of a cargo tank takes place
unless under the supervision of a qualified person designated as the person in
charge of the transfer or the cleaning
under subpart C of 33 CFR part 155.
(2) The person designated as the person in charge of the transfer shall ensure that enough qualified personnel
are on duty to safely transfer liquid
cargo in bulk or safely clean cargo
tanks.
(e) The person in charge of the transfer of liquid cargo in bulk on the tank
vessel shall be responsible for the safe
loading and discharge of the liquid
cargo in bulk.
(f) The person in charge of the transfer of liquid cargo in bulk on each
United States tank vessel, when
lightering to or from a foreign tank
vessel, shall ensure that the person in
charge on the foreign tank vessel, or
his or her interpreter, is capable of
reading, speaking, and understanding
the English language well enough to
allow a safe transfer.
[CGD 79–116, 60 FR 17155, Apr. 4, 1995]
§ 35.35–5
Electric bonding—TB/ALL.
A tank vessel may be electrically
connected to the shore piping, through
which the cargo is to be transferred,
prior to the connecting of a cargo hose.
This electrical connection, if made,
shall be maintained until after the
cargo hose has been disconnected, and
any spillage has been removed.
[CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as
amended by CGFR 66–33, 31 FR 15268, Dec. 6,
1966]
§ 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
by locks, the valves must be closed,
and lashed or sealed, to indicate that
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Coast Guard, DHS
§ 35.35–20
they should not be opened during the
transfer.
[CGD 79–116, 60 FR 17156, Apr. 4, 1995]
§ 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]
§ 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 § 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 §§ 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 § 32.20–20 of this
subchapter.)
(m) When a transfer operation includes collection of cargo vapor from a
vessel’s cargo tanks through a vapor
control system not located on the vessel:
(1) Each part of the vapor collection
system is aligned to allow vapor to
flow to a facility vapor control system,
or if lightering, to the other vessel;
(2) Vapor collection hoses or arms are
connected to the vessel vapor collection connection;
(3) The electrical insulation requirements of 33 CFR 154.810(g) or § 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
§ 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
§ 39.20–9(b) of this subchapter, is connected to the facility, tested and operating properly;
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§ 35.35–25
46 CFR Ch. I (10–1–11 Edition)
(7) Each alarm required by §§ 39.20–7,
39.20–9 and 39.40–3(a) of this subchapter
has been tested not more than 24 hours
prior to the start of the transfer operation and is operating properly;
(8) Each vapor recovery hose has no
unrepaired loose covers, kinks, bulges,
soft spots, or any other defect which
would permit the discharge of vapors
through the hose material, and no
gouges, cuts, or slashes that penetrate
the first layer of hose reinforcement;
and
(9) The oxygen content of the vessel’s
cargo tanks, if inerted, is at or below 8
percent by volume.
[CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as
amended by CGD 80–009, 48 FR 36459, Aug. 11,
1983; CGD 88–102, 55 FR 25446, June 21, 1990;
CGD 79–116, 60 FR 17156, Apr. 4, 1995]
§ 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 §§ 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]
§ 35.35–30 ‘‘Declaration of Inspection’’
for tank vessels—TB/ALL.
(a) After an inspection under § 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 lllllllllllllllllllll
Vessel llllllllllllllllllll
Port of
lllllllllllllllllll
Product[s]
being
transferred—
(Classification[s] and Kind[s])
llllllllllllllllllllllll
llllllllllllllllllllllll
I, llllllllll, the person in charge
of the transfer of liquid cargo in bulk about
to begin, do certify that I have personally inspected this vessel with reference to the following requirements set forth in 46 CFR
35.35–20, and that opposite each of the applicable items listed below I have indicated
whether the vessel complies with all pertinent regulations.
(1) Are warnings displayed as required?
(2) Is there any repair work in way of cargo
spaces being carried on for which permission
has not been given?
(3) Have cargo connections been made as
described in 46 CFR 35.35–15 and are cargo
valves set?
(4) Have all cargo connections been made
to the vessel’s pipeline and not through an
open-end hose led through a hatch?
(5) Are there any fires or open flames
present on the deck or in any compartment
which is located on, open or adjacent to or
facing the main deck of the vessels on which
the cargo connections have been made?
(6) Has the shore terminal or other tank
vessel concerned reported itself in readiness
for transfer of cargo?
(7) Are sea valves connected to the cargo
piping system closed?
(8) If Grades, A, B, or C cargoes are to be
loaded and boiler fires are lighted, has an inspection been made to determine whether
these fires may be maintained with reasonable safety?
(9) If Grades A, B, or C cargoes are to be
loaded and galley fires are lighted, has an inspection been made to determine whether
the galley fires may be maintained with reasonable safety?
(10) If Grades A, B, or C cargoes are to be
loaded, has an inspection been made to determine whether smoking is to be permitted
in areas not on the weather decks?
(11) If smoking is to be permitted in areas
not on the weather decks, have those areas
been designated?
(12) Is the inert gas system being operated
as necessary to maintain an inert atmosphere in the cargo tanks in compliance with
46 CFR 32.53–5?
(13) Have the applicable sections of the vessel response plan been reviewed before commencing transfer, and arrangements or contingencies made for implementation of the
Plan should the need arise?
(c) In addition to the requirements in
paragraph (b) of this section, if a transfer operation includes the collection of
cargo vapor from a vessel’s cargo tanks
through a vapor control system not located on the vessel, the Declaration of
Inspection must include the following
as an appendix:
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Coast Guard, DHS
§ 35.35–55
(1) Is each part of the vapor collection system aligned to allow vapor to flow to the facility vapor connection or, if lightering, to
the other vessel?
(2) Are the vapor collection hoses or arms
connected to the vessel’s vapor collection
connection?
(3) Are the vessel and facility vapor connections electrically isolated?
(4) Have the initial transfer rate and the
maximum transfer rate been determined?
(5) Have the maximum and minimum operating pressures at the facility vapor connection, or the vessel vapor connection if
lightering, been determined?
(6) Have all alarms required by §§ 39.20–7,
39.20–9 and 39.40–3(a) of this subchapter been
tested within 24 hours prior to the start of
the transfer operation and found to be operating properly?
(7) Is each vapor recovery hose free of
unrepaired loose covers, kinks, bulges, soft
spots, or any other defect which would permit the discharge of vapors through the hose
material, and gouges, cuts, or slashes that
penetrate the first layer of hose reinforcement?
(8) Has the oxygen concentration of all
inerted cargo tanks been verified to be 8 percent or less?
continued 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.
[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]
§ 35.35–45 Auxiliary steam, air, or electric current—B/ALL.
§ 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 cargosystem 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]
§ 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 dis-
§ 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]
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.
§ 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]
§ 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
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§ 35.35–60
46 CFR Ch. I (10–1–11 Edition)
prevent chafing of metal parts and securely lashed or stowed.
area described in § 32.35–15 of this subchapter.
[CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as
amended by CGD 79–116, 60 FR 17157, Apr. 4,
1995]
[CGD 95–028, 62 FR 51200, Sept. 30, 1997]
§ 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]
§ 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.
§ 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.
§ 35.35–85
Air compressors—TB/ALL.
Subpart 35.40—Posting and
Marking Requirements—TB/ALL.
§ 35.40–1 General
maker—TB/ALL.
alarm
contact
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]
§ 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]
§ 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]
§ 35.40–7 Carbon
ALL.
dioxide
alarm—T/
Adjacent to all carbon dioxide fire
extinguishing alarms installed after
November 19, 1952, there shall be conspicuously marked: ‘‘WHEN ALARM
SOUNDS VACATE AT ONCE. CARBON
DIOXIDE BEING RELEASED.’’
§ 35.40–10 Steam, foam, or CO2 fire
smothering apparatus—TB/ALL.
Steam, foam, or CO2 fire smothering
apparatus shall be marked ‘‘STEAM
FIRE APPARATUS’’ or ‘‘FOAM FIRE
APPARATUS’’ or ‘‘CO2 FIRE APPARATUS,’’ as appropriate, in not less
than 2-inch red letters. The valves of
all branch pipes leading to the several
compartments shall be distinctly
marked to indicate the compartments
or parts of the vessel to which they
lead.
No person may operate, install, or reinstall an air compressor in a cargo
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Coast Guard, DHS
Pt. 36
§ 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.
which the vessel is equipped. Instructions shall be included to line up all
steering wheels and rudder amidship
before changing gears.
§ 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]
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.’’
§ 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.
§ 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]
§ 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.
§ 35.40–30 Instructions for changing
steering gear—TB/ALL.
Instructions in at least 1⁄2 inch letters and figures shall be posted in the
steering engineroom, relating in order,
the different steps to be taken in
changing to the emergency steering
gear. Each clutch, gear wheel, lever,
valve or switch which is used during
the changeover shall be numbered or
lettered on a brass plate or painted so
that the markings can be recognized at
a reasonable distance. The instructions
shall indicate each clutch or pin to be
‘‘in’’ or ‘‘out’’ and each valve or switch
which is to be ‘‘opened’’ or ‘‘closed’’ in
shifting to any means of steering for
§ 35.40–35
Rudder orders—TB/ALL.
§ 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
Subpart 36.01—General
Sec.
36.01–1
36.01–5
Scope of regulations—TB/ALL.
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
36.20–5
Flame screens—TB/ALL.
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.
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§ 36.01–1
46 CFR Ch. I (10–1–11 Edition)
Subpart 36.01—General
§ 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—§ 35.01–1(b).
(2) Watchman for a tank vessel—
§ 35.05–15.
(3) Warning sign at gangway—§ 35.30–
1(b).
(4) Cargo tank hatches, ullage holes
and Butterworth plates—§ 35.30–10.
(5) Men on duty—§ 35.35–1.
(6) Inspection prior to transfer of
cargo—§ 35.35–20.
(7) Approval to start transfer of
cargo—§ 35.35–25.
(8) ‘‘Declaration of inspection’’ for
tank ships—§ 35.35–30.
(9) Transportation of other cargo or
stores on tank barges—§ 35.35–60.
(c) The regulations governing the
transportation in the solid state of materials referred to in § 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]
§ 36.01–5 Certificate of inspection—TB/
ALL.
(a) The certificate of inspection shall
be endorsed for the carriage of elevated
temperature cargoes as follows: ‘‘Inspected and approved for the carriage
of Grade E combustible liquids when
transported in molten form at elevated
temperatures.’’
(b) [Reserved]
Subpart 36.05—Cargo Tanks
§ 36.05–1 Installation of cargo tanks—
TB/ALL.
(a) All cargo tanks carrying liquids
at elevated temperatures for the pur-
pose of maintaining the material in the
molten form shall be installed with the
access openings located above the
weather deck.
(b) [Reserved]
§ 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
§ 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
§ 36.20–1 Flame screens—TB/ALL.
(a) Flame screens may be omitted in
the vent lines on cargo tanks.
(b) [Reserved]
§ 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
§ 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]
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Coast Guard, DHS
§ 38.01–2
CFR, 1980 Comp., p. 277; Department of
Homeland Security Delegation No. 0170.1.
PART 38—LIQUEFIED FLAMMABLE
GASES
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.
38.01–2 Transportation of portable cylinders
or portable tanks containing or having
previously contained liquefied flammable
gases in dry cargo spaces—TB/ALL.
38.01–3 Incorporation by reference.
38.01–5 Certificate of inspection—TB/ALL.
Subpart 38.05—Design and Installation
38.05–1 Design and construction of vessels—
general—TB/ALL.
38.05–2 Design and construction of cargo
tanks—general—TB/ALL.
38.05–3 Design and construction of pressure
vessel type cargo tanks—TB/ALL.
38.05–4 Design and construction of nonpressure vessel type cargo tanks—TB/ALL.
38.05–5 Markings—TB/ALL.
38.05–10 Installation of cargo tanks—general—TB/ALL.
38.05–20 Insulation—TB/ALL.
38.05–25 Refrigerated systems—TB/ALL.
Subpart 38.10—Piping, Valves, Fittings, and
Accessory Equipment
38.10–1 Valves, fittings, and accessories—
TB/ALL.
38.10–5 Filling and discharge pipes—TB/
ALL.
38.10–10 Cargo piping—TB/ALL.
38.10–15 Safety relief valves—TB/ALL.
38.10–20 Liquid level gaging devices—TB/
ALL.
Subpart 38.15—Special Requirements
38.15–1 Filling of tanks—TB/ALL.
38.15–5 Cargo hose—TB/ALL.
38.15–10 Leak detection systems—T/ALL.
38.15–15 Electrical installations—TB/ALL.
38.15–20 Remote shutdowns—TB/ALL.
Subpart 38.20—Venting and Ventilation
38.20–1 Venting—T/ALL.
38.20–5 Venting—T/ALL.
38.20–10 Ventilation—T/ALL.
Subpart 38.25—Periodic Tests and
Inspections
38.25–1 Tests and inspections—TB/ALL.
38.25–3 Nondestructive testing—TB/ALL.
38.25–5 Removal of defective tanks—TB/
ALL.
38.25–10 Safety relief valves—TB/ALL.
AUTHORITY: 46 U.S.C. 2103, 3306, 3703; 49
U.S.C. 5101, 5106; E.O. 12234, 45 FR 58801, 3
Subpart 38.01—General
§ 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
§ 38.01–2.
[CGFR 66–33, 31 FR 15269, Dec. 6, 1966, as
amended by CGD 86–033, 53 FR 36024, Sept. 16,
1988]
§ 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.
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§ 38.01–3
46 CFR Ch. I (10–1–11 Edition)
(5) Cylinders shall have their valves
protected at all times by one of the following methods:
(i) By metal caps securely attached
to the cylinders and of sufficient
strength to protect the valves from injury.
(ii) By having the valves recessed
into the cylinders or otherwise protected so that they will not be subject
to a blow if the cylinder is dropped on
a flat surface.
(6) Portable tanks shall have their
valves protected at all times by a housing in accordance with the requirements under which they were manufactured.
(7) Electrical circuits in the cargo
spaces must meet the hazardous area
requirements in subchapter J (Electrical Engineering Regulations) of this
chapter. If an electrical circuit does
not meet those requirements, it must
be deenergized by a positive means and
not reenergized until the cargo has
been removed and the space has been
tested and found free of flammable
vapor.
(8) During the stowage of portable
cylinders or portable tanks in a hold or
compartment that is not fitted with
electrical fixtures meeting the hazardous area requirements of subchapter
J (Electrical Engineering Regulations)
of this chapter, portable lights must
not be used within the space unless the
portable lights are explosion-proof.
Electrical connections for portable
lights must be made from outlets on
the weather deck. Hand flashlights
used in the stowage area must be explosion-proof.
(9) The following dangerous cargoes
shall not be stowed in the same hold or
compartment with liquefied flammable
gas containers:
(i) Division 1.1, 1.2, 1.3, or 1.4 (explosive) materials, as defined in 49 CFR
173.50.
(ii) Flammable solids.
(iii) Oxidizing materials.
(iv) Corrosive liquids.
(v) Poisonous articles.
(vi) Cotton and similar fibrous materials.
[CGFR 66–33, 31 FR 15269, Dec. 6, 1966, as
amended by CGFR 68–32, 33 FR 5714, Apr. 12,
1968; CGD 74–125A, 47 FR 15231, Apr. 8, 1982;
CGD 92–050, 59 FR 39666, Aug. 5, 1994]
§ 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/federallregister/
codeloflfederallregulations/
ibrllocations.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]
§ 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:
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Coast Guard, DHS
§ 38.05–2
Inspected and approved for the carriage of
liquefied flammable gases (1) at a pressure
not to exceed lll p.s.i., and (2) at temperatures not less than ll °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
§ 38.05–1 Design and construction of
vessels—general—TB/ALL.
(a) Vessels designed for the carriage
of liquefied gases shall comply with the
applicable requirements of this subchapter.
(b) Access and ventilation intakes to
the machinery, accommodation and
working spaces should be so arranged
as to prevent the flow of cargo vapor
from the weather deck into such
spaces. In this respect openings in the
forward or after ends of poops, forecastles, and deckhouses adjacent the
cargo area shall be at least 24 inches
above the cargo handling deck.
(c) Materials used in the fabrication
of cargo tanks and piping shall have
adequate notch toughness at the service temperature. Where a secondary
barrier is required, the material of that
barrier and of contiguous hull structure shall have sufficient notch toughness at the lowest temperature which
may result during the containment of
leakage cargo within the secondary
barrier. Materials used in the fabrication of the cargo containment and handling system shall satisfy the requirements for toughness specified in subchapter F (Marine Engineering) of this
chapter.
(d) Cargo tank spaces are to be isolated from the remainder of the vessel
by cofferdams in accordance with
§ 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 § 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 § 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]
§ 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.
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§ 38.05–3
46 CFR Ch. I (10–1–11 Edition)
(e) Cargo tanks on barges shall be designed in accordance with § 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.
§ 38.05–3 Design and construction of
pressure vessel type cargo tanks—
TB/ALL.
(a) Cargo tanks of pressure vessel
configuration (e.g. cylindrical, spherical, etc.) shall be designed, fabricated,
inspected, and tested in accordance
with the applicable requirements of
part 54 of subchapter F (Marine Engineering) of this chapter, except as otherwise provided for in this part.
(b) The requirements of this section
anticipate that cargo tanks constructed as pressure vessels will, by
themselves, constitute the cargo containment system and usually will not
require a secondary barrier.
(c) In the design of the tank, consideration shall be given to the possibility
of the tank being subjected to external
loads. Consideration shall also be given
to excessive loads that can be imposed
on the tanks by their support due to
static and dynamic forces under operating conditions or during testing. The
design shall show the manner in which
the tanks are to be installed, supported, and secured, and shall be approved prior to tank installation.
(d) Tanks with a service temperature
of minus 20 °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 § 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 § 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]
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Coast Guard, DHS
§ 38.05–5
§ 38.05–4 Design and construction of
nonpressure vessel type cargo
tanks—TB/ALL.
(a) The requirements in this section
anticipate a cargo containment system
consisting of a primary tank which is
structurally self-supporting and, where
required, a secondary barrier. Other
vessel or cargo tank configurations,
such as membrane type liners externally supported, will be considered
upon submission of substantiating
data, and based upon such additional
tests as the Commandant may direct.
(b) A secondary barrier is an arrangement or structure designed to contain
the cargo temporarily if leakage develops in the primary container. A secondary barrier shall be provided where
leakage from the primary container
may cause lowering of the temperature
of the ship’s structure to an unsafe
level. The secondary barrier shall be
constructed of material suitable to
contain the cargo at the service temperature.
(c) The design of the cargo containment systems shall be such that under
normal service conditions, or upon failure of the primary tank, the hull structure shall not be cooled down to a temperature which is unsafe for the materials involved. Structural members not
suitable for the service temperatures of
the cargo shall be protected by a secondary barrier consisting of suitable
structural containment together with
necessary associated insulation. Heat
transmission studies and tests may be
required to demonstrate that the arrangement is feasible and that the final
material temperatures are acceptable.
(d) The design and construction of
the cargo tanks shall be at least equivalent to the standards established by
the American Bureau of Shipping or
other recognized classification society.
For special tanks, or designs not contemplated by standards of the classification society, a detailed analysis of
the entire tank, or designated parts
thereof, shall be made and submitted
to the Commandant for approval.
(e) The cargo tank shall be designed
for a head of cargo at least equal to the
highest level the liquid cargo may attain plus the maximum venting pressure. In no case shall a head of cargo
less than 4 feet above the cargo hatch
or expansion trunk be used.
(f) The design shall investigate the
thermal stresses induced in the cargo
tank during loading. Where necessary,
devices for spray loading or other
methods of precooling or cooling during loading shall be included in the design.
(g) All weld intersections or crossings
in joints of primary tank shells shall
be radiographed for a distance of 10
thicknesses from the intersection. All
other welding in the primary tank and
in the secondary barrier shall be spot
radiographed in accordance with the
requirements of part 54 of subchapter F
(Marine Engineering) of this chapter.
[CGFR 66–33, 31 FR 15269, Dec. 6, 1966, as
amended by CGFR 68–82, 33 FR 18807, Dec. 18,
1968]
§ 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 § 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
§ 38.25–1(b). In the case of nonpressure
vessel type tanks, the hydrostatic test
pressure shall mean the pressure specified in § 38.25–1(d), while the maximum
allowable pressure shall mean the maximum venting pressure as used in
§ 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
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§ 38.05–10
46 CFR Ch. I (10–1–11 Edition)
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]
§ 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
§ 38.05–2(d).
(2) Cargo tanks installed in barges
shall comply with the requirements of
§ 32.63–25 of this subchapter.
(b) Foundations, and stays where required, shall be designed for support
and constraint of the weight of the full
tank, and the dynamic loads imposed
thereon. Thermal movement shall also
be considered.
(c) Foundations and stays which may
be exposed to the cargo shall be suitable for the temperatures involved and
be impervious to the cargo.
(d) The design of the foundations and
stays shall consider the resonance of
the cargo tank, or parts thereof, and
the vibratory forces, found in the tank
vessel. If necessary, effective damping
arrangements shall be provided.
(e) Independent containment systems
shall be so arranged as to provide a
minimum clearance of not less than 24
inches from the vessel’s side and not
less than 15 inches from the vessel’s
bottom to provide access for inspection
of the hull. Clearances for collision
protection, where required by other
parts of the regulations in this subchapter, may increase the clearances
specified here.
(1) For pressure vessel type tanks the
distance between adjacent tanks and
between tanks and vessel’s structure
shall be adequate to permit access for
inspection and maintenance of all tank
surfaces and hull structure as approved
by the Commandant. Alternate provisions may be made for inspection and
maintenance of the vessel’s structure
and tanks by moving such tanks or by
providing equivalent acceptable means
for remote inspection.
(2) For nonpressure vessel type containment systems, access shall be arranged to permit inspection of one side
each of the primary tank and secondary barrier, under normal shipyard
conditions.
Containment
systems
which, because of their peculiar design,
cannot be visually inspected to this degree, may be specially considered provided an equivalent degree of safety is
attained.
(f) Cargo tanks may be installed on
deck, under deck, or with the tanks protruding through the deck. All tanks
shall be installed with the manhole
openings located in the open above the
weather deck. Provided an equivalent
degree of safety is attained, the Commandant may approve cargo tanks installed with manhole openings located
below the weather deck.
(g) For pressure vessel type cargo
tanks, the following conditions apply:
(1) Liquefied flammable gas cargo
tanks may be located in cargo tanks or
in spaces which meet the requirements
for cofferdams as defined in § 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.
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Coast Guard, DHS
§ 38.05–25
(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.
§ 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 § 38.01–3)
and covered by a suitable steel cover.
(2) Insulation in a location protected
against possible ignition by enclosure
in a tight steel envelope in which inert
conditions are maintained need satisfy
no requirement for combustibility except chemical stability.
(3) Insulation in a location protected
against possible high temperature or
source of ignition by continuous surrounding structural voids or ballast
tanks need satisfy no requirement for
combustibility except chemical stability.
(b) All insulation shall be of a vaporproof construction, or have a vaporproof 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]
§ 38.05–25
ALL.
Refrigerated
systems—TB/
(a) When a liquefied flammable gas is
carried below atmospheric temperature
under the requirements of § 38.05–3(f) or
§ 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.
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§ 38.10–1
46 CFR Ch. I (10–1–11 Edition)
(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
§ 38.20–1(j).
Subpart 38.10—Piping, Valves,
Fittings, and Accessory Equipment
§ 38.10–1 Valves, fittings, and accessories—TB/ALL.
(a) All valves, flanges, fittings, and
accessory equipment shall be of a type
suitable for use with liquefied flammable gases, and shall be made of steel
or grade A malleable iron, acceptable
for the service temperature and pressure according to the requirements of
part 56 of subchapter F (Marine Engineering) of this chapter. Other materials may be specially considered and
approved by the Commandant.
(b) All valves, flanges, fittings, and
accessory equipment shall have a pressure rating at operating temperatures
not less than the maximum allowable
pressure to which they may be subjected. Piping which is not protected
by a relief valve or which can be isolated from its relief valve by other
valves shall be designed for the greatest of the cargo vapor pressure at 115
°F., or the maximum allowable pressure of the cargo tank, or the requirements of § 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
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§ 38.10–1
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 § 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 § 38.10–5.
(2) The piping which is below the
weather deck or liquid level shall be
joined by welding except for a flanged
connection to the quick-closing shutoff
valve and a flanged connection to the
cargo pump.
(3) The design and arrangement of
this piping, including the flange bolting shall be such that excessive
stresses will not be transmitted to the
cargo tank outlet connection or the
quick-closing valve, even in the event
of abnormal displacement of the piping.
(4) Except for those vessels, the design of which permits the exclusion of
a weathertight deck over the tanks,
the space in which such piping is located shall be accessible only from the
weather deck and shall be vented to a
safe location above the weather deck.
(i) All connections to tanks, except
safety relief valves and liquid level
gaging devices, shall have manually
operated shutoff valves located as close
to the tank as possible. In addition, all
liquid and vapor connections on pressure vessel type tanks except safety relief valves, liquid level gaging devices,
and filling and discharge lines, shall be
equipped with either an automatic excess flow valve or a remotely controlled quick-closing shutoff valve of
the fail closed type. These valves, except when necessary for the operation
of the system, shall remain closed. For
pressure vessel type tanks operating at
low pressure and with service temperature near the cargo atmospheric boiling point, the Commandant may ap-
prove individual installations where
the liquid and vapor connections normally requiring automatic excess flow
valves or remotely controlled quickclosing 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
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§ 38.10–5
46 CFR Ch. I (10–1–11 Edition)
the open deck, or from a control room
or station when the loading or discharging is controlled from such a
room or station. Tables shall be readily
available for direct determination of
volume of liquid in the tanks, with necessary corrections for trim, temperature, and density.
(2) An independent high level alarm
shall be provided for each tank. The
alarm indication shall register at the
station where loading is controlled.
(3) Each tank shall be provided with
remote reading temperature sensors located near both the cargo liquid level
and the bottom of the tank. The temperature shall be read at the control
station for loading and unloading
cargo, if provided, otherwise near the
cargo control valves.
(4) Each tank shall be fitted with a
pressure and a vacuum gage which
shall be read at the control station for
loading and unloading cargo, is provided, otherwise near the cargo control
valves. In addition, the liquid loading
and discharge headers at the ship’s
shore connection station shall be fitted
with pressure gages.
(r) Spaces surrounding cargo tanks
shall be provided with suitable means
for pumping out.
(1) Where pressure vessel type tanks
are installed or in other cases where no
secondary containment is required,
this may consist of a bilge system independent of the bilge system for the rest
of the vessel, and having no pipe connections between the cargo tank spaces
and the engineroom or boilerroom, except that educators may be supplied
from engineroom pumps.
(2) Secondary containment spaces of
structurally self-supporting tanks shall
be provided with suitable means for
pumping out leaked cargo. These
should be arranged so as to provide the
following alternatives:
(i) Return of the cargo to the same
primary tank or other tank.
(ii) Pumping the cargo off the ship either in port through a regular shore
unloading connection or at sea overboard in a safe manner.
[CGFR 66–33, 31 FR 15269, Dec. 6, 1966, as
amended by CGFR 68–82, 33 FR 18807, Dec. 18,
1968]
§ 38.10–5 Filling and discharge pipes—
TB/ALL.
(a) Filling and discharge connections
shall be provided with the manually
operated valve required by § 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 § 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.
§ 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
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§ 38.10–20
emptying of a damaged tank, including
cargo contained by a secondary barrier.
§ 38.10–20 Liquid level
vices—TB/ALL.
[CGFR 66–33, 31 FR 15269, Dec. 6, 1966, as
amended by CGFR 68–82, 33 FR 18807, Dec. 18,
1968]
(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 § 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 (0.055inch 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.
§ 38.10–15
ALL.
Safety
relief
valves—TB/
(a) Each tank shall be fitted with or
(subject to approval by the Commandant) connected to one or more
safety relief valves designed, constructed and flow tested for capacity in
conformance with subpart 162.017 or
162.018 of subchapter Q (Specifications)
of this chapter.
(b) Safety relief valves conforming to
subpart 162.017 of subchapter Q (Specifications) of this chapter may be used
on tanks for a maximum pressure of 10
pounds per square inch gage. Safety relief valves conforming to subpart
162.018 of subchapter Q (Specifications)
of this chapter may be used for any
pressure.
(c) The safety relief valves shall have
a combined relieving capacity to discharge the greater of the following
with not more than 20 percent rise in
pressure (in the tank) above the maximum allowable pressure:
(1) The vapors evaporated by an
embient air temperature of 115 °F. plus
the maximum flow rate of the cargo
filling pipes or,
(2) The vapors generated under fire
exposure computed using the formulas
of § 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 § 54.15–25 of subchapter F
(Marine Engineering) of this chapter.
(e) Means shall be provided to protect
nonpressure vessel tanks from excessive external pressure.
(f) Void spaces between the primary
and secondary barriers of nonpressure
vessel type tanks shall be protected by
relief devices. The relief setting shall
not be higher than the void test pressure, and shall not exceed 90 percent of
the setting of the safety relief valve
protecting the primary tank.
[CGFR 68–82, 33 FR 18807, Dec. 18, 1968]
gaging
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de-
§ 38.15–1
46 CFR Ch. I (10–1–11 Edition)
(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
§ 38.15–1 Filling of tanks—TB/ALL.
(a) Refrigerated and semirefrigerated
tanks shall be filled so that there is an
outage of at least 2 percent of the volume of the tank at the temperature
corresponding to the vapor pressure of
the cargo at the safety relief valve setting. A reduction in the required outage may be permitted by the Commandant when warranted by special design considerations. Normally then,
the maximum volume to which a tank
may be loaded is:
VL=0.98dr V/dL
where:
VL=maximum volume to which tank may be
loaded.
V=volume of tank.
dr=density of cargo at the temperature required for a cargo vapor pressure equal to
the relief valve setting.
dL=density of cargo at the loading temperature and pressure.
(b) Nonrefrigerated tanks shall be
filled so that their filling densities
shall not exceed the ratios indicated in
Table 38.15–1(b).
(c) The ‘‘filling density’’ is defined as
the percent ratio of the weight of the
gas in a tank to the weight of water
the tank will hold at 60 °F.
TABLE 38.15–1(b)—MAXIMUM PERMISSIBLE
FILLING DENSITIES FOR TANKS OPERATING AT
OR NEAR AMBIENT TEMPERATURE
Maximum permitted filling density
Specific
gravity
at 60 °F.
Unlagged tanks—water capacity
1,200 gal. and
under
0.473–0.480
0.481–0.488
0.489–0.495
0.496–0.503
0.504–0.510
Over 1,200
gal.
38
39
40
41
42
41
42
43
44
45
Lagged
tanks—all
capacities
42
43
44
45
46
TABLE 38.15–1(b)—MAXIMUM PERMISSIBLE
FILLING DENSITIES FOR TANKS OPERATING AT
OR NEAR AMBIENT TEMPERATURE—Continued
Maximum permitted filling density
Specific
gravity
at 60 °F.
0.511–0.519
0.520–0.527
0.528–0.536
0.537–0.544
0.545–0.552
0.553–0.560
0.561–0.568
0.569–0.576
0.577–0.584
0.585–0.592
0.593–0.600
0.601–0.608
0.609–0.617
0.618–0.626
0.627–0.634
Unlagged tanks—water capacity
1,200 gal. and
under
Over 1,200
gal.
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
Lagged
tanks—all
capacities
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
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.
§ 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.
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50
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55
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59
60
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§ 38.15–20
§ 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]
§ 38.15–15 Electrical installations—TB/
ALL.
(a) All electrical installations shall
comply with the requirements contained in this subchapter and in subchapter J (Electrical Engineering) of
this chapter for tank vessels, except as
otherwise specified in this part.
(b) Spaces containing cargo pumps,
compressors, and piping are considered
as equivalent to a tank vessel pumproom, and no electrical devices, except
Coast Guard approved intrinsically safe
devices, shall be installed in these
spaces. Electric motors shall be segregated from these spaces by a gastight
bulkhead. Electric lighting of the explosion-proof type may be installed in
these spaces provided all switching is
done from outside the space.
(c) All cargo tanks, piping, valves,
etc., shall be effectively grounded to
the vessel’s hull. Tanks with an insulated inner shell (primary barrier)
shall have an effective grounding bond
to the outer shell (secondary barrier)
or to the vessel’s hull.
(d) Electric submerged motor cargo
pumps may be used, when in compliance with the following requirements
and subject to approval by the Commandant.
(1) Design details of the submerged
motor pump, with an evaluation of the
cooling efficiency of the product being
pumped, shall be submitted.
(2) Provisions shall be made to exclude air from the tanks containing
cargo in either vapor or liquid phase.
The pump motor shall be deenergized
when this condition is not satisfied.
(3) A liquid level sensing device shall
automatically shut down the motor
and sound an alarm at a predetermined
low liquid level. The alarm location
may be the station from which cargo
handling is controlled or such other location outside the cargo area as is acceptable to the Commandant.
(4) Details of the power cable, tank
penetrations and pump connections
shall be submitted.
(5) An auxiliary means of emptying
the cargo tanks shall be provided in accordance with § 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.
§ 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
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§ 38.20–1
46 CFR Ch. I (10–1–11 Edition)
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
§ 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 onethird 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
Number of cargo tanks
1
3
4
5
6
Percent of total valve
discharge
or 2 .............................................
.....................................................
.....................................................
.....................................................
or more .......................................
100
90
80
70
60
(c) In addition to the requirements
specified in paragraphs (a) and (b) of
this section, the size of the branch
vents or vent headers, shall be such
that the back pressure in the relief
valve discharge lines shall not be more
than 10 percent of the safety relief
valve setting. In nonpressure vessel
vent systems, however, where the maximum back pressure of 10 percent of
the relief valve setting is insufficient
to move the gases through any but an
extremely large diameter vent pipe,
the back pressure may exceed 10 percent provided:
(1) The pressure in the tank during
venting does not exceed 120 percent of
the tank maximum allowable pressure;
and,
(2) The safety relief valve is sized to
discharge the required capacity with
the tank pressure and vent back pressure actually used.
(d) Return bends and restrictive pipe
fittings are not permitted.
(e) Vents and headers shall be so installed as to prevent excessive stresses
on safety relief valve mountings.
(f) The vent discharge riser shall be
so located as to provide protection
against mechanical injury and such
discharge pipes shall be fitted with
loose raincaps or other suitable means
to prevent entrance of rain or snow.
(g) No valve of any type shall be
fitted in the vent pipe between the
safety relief valve and the vent outlets.
(h) Provisions shall be made to drain
condensate from the vent header piping. Special precautions shall insure
that condensate does not accumulate
at or near the relief valves.
(i) Relief valves discharging liquid
cargo shall not be connected to the
branch vent or vent header lines from
the cargo tanks. They may, however,
be connected to an accumulator, the
vapor space of which, may in turn, be
connected to the vent header system.
Relief valves in the cargo piping system may discharge back to the cargo
tanks.
(j) Vapor discharged to the atmosphere in accordance with § 38.05–25(b)
shall utilize valves separate from the
safety relief valves.
§ 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 § 38.20–1 may
be installed. In any case, the provisions
of § 38.20–1 (d) through (j) shall apply.
(b) Arrangements providing for venting cargo tanks at sea on unmanned
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Coast Guard, DHS
§ 38.25–1
barges will be considered by the Commandant upon presentation of plans.
§ 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 § 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 pressurevessel type tanks whose piping connections are below the weather deck in accordance with § 38.10–1(h).
(3) The space surrounding tanks
whose manhole openings are below the
weather deck in accordance with
§ 38.05–10(f).
(d) Power ventilation shall be provided for each auxiliary machinery or
working space located on and accessible from the cargo handling deck.
Such ventilation systems shall be designed to preclude the entry of cargo
vapors into the space via the open access or the ventilation system itself.
[CGFR 66–33, 31 FR 15269, Dec. 6, 1966, as
amended by CGFR 68–65, 33 FR 19985, Dec. 28,
1968]
Subpart 38.25—Periodic Tests and
Inspections
§ 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 § 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 § 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 11⁄2 times the tanks’s—
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§ 38.25–3
46 CFR Ch. I (10–1–11 Edition)
(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
§ 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]
§ 38.25–3 Nondestructive
ALL.
testing—TB/
(a) Before nondestructive testing
may be conducted to meet § 38.25–1
(a)(4) and (a)(5), the owner shall submit
a proposal to the Officer in Charge, Marine Inspection for acceptance that includes—
(1) The test methods and procedures
to be used, all of which must meet section V of the ASME Boiler and Pressure Vessel Code (1986);
(2) Each location on the tank to be
tested; and
(3) The test method and procedure to
be conducted at each location on the
tank.
(b) If the Officer in Charge, Marine
Inspection rejects the proposal, the Officer in Charge, Marine Inspection informs the owner of the reasons why the
proposal is rejected.
(c) If the Officer in Charge, Marine
Inspection accepts the proposal, then
the owner shall ensure that—
(1) The proposal is followed; and
(2) Nondestructive testing is performed by personnel meeting ASNT
‘‘Recommended Practice No. SNT-TC1A (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]
§ 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.
§ 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
Subpart 39.10—GeneraI
Sec.
39.10–1 Applicability—TB/ALL.
39.10–3 Definitions—TB/ALL.
39.10–5 Incorporation
by
reference—TB/
ALL.
39.10–9 Vessel vapor processing unit—TB/
ALL.
39.10–11 Personnel training—TB/ALL.
39.10–13 Submission of vapor control system
designs—TB/ALL.
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Coast Guard, DHS
§ 39.10–3
Subpart 39.20—Design and Equipment
39.20–1 Vapor collection system—TB/ALL.
39.20–3 Cargo gauging system—TB/ALL.
39.20–7 Tankship liquid overfill protection—
T/ALL.
39.20–9 Tank barge liquid overfill protection—B/ALL.
39.20–11 Vapor overpressure and vacuum
protection—TB/ALL.
39.20–13 High and low vapor pressure protection for tankships—T/ALL.
Subpart 39.30—Operations
39.30–1
Operational requirements—TB/ALL.
Subpart 39.40—Lightering and Topping-Off
Operations with Vapor Balancing
39.40–1 General requirements for vapor balancing—TB/ALL.
39.40–3 Design and equipment for vapor balancing—TB/ALL.
39.40–5 Operational requirements for vapor
balancing—TB/ALL.
AUTHORITY: 33 U.S.C. 1231; 46 U.S.C. 3306,
3703, 3715(b); 45 FR 58801, 3 CFR, 1980 Comp.,
p. 277; Department of Homeland Security
Delegation No. 0170.1.
EDITORIAL NOTE: Nomenclature changes to
part 39 appear at 74 FR 49227, Sept. 25, 2009.
SOURCE: CGD 88–102, 55 FR 25446, June 21,
1990, unless otherwise noted.
Subpart 39.10—General
§ 39.10–1 Applicability—TB/ALL.
(a) Except as specified by paragraph
(c) of this section, this part applies to
each tank vessel operating in the navigable waters of the United States,
when collecting vapors of crude oil,
gasoline blends, or benzene emitted
from a vessel’s cargo tanks through a
vapor control system.
(b) A tank vessel which transfers vapors of flammable or combustible cargoes other than crude oil, gasoline
blends, or benzene, to a facility covered
by 33 CFR part 154 must meet the requirements prescribed by the Commandant (CG–522).
(c) A tank vessel with an existing
vapor collection system specifically approved by the Coast Guard for the collection of cargo vapor which was operating prior to July 23, 1990, is subject
only to § 39.30–1 and § 39.40–5 of this part
as long as it transfers cargo vapor only
to the specific facilities for which it
was approved.
(d) This part does not apply to the
collection of vapors of liquefied flammable gases as defined in § 30.10–39 of
this subchapter.
[CGD 88–102, 55 FR 25446, June 21, 1990, as
amended by CGD 95–072, 60 FR 50462, Sept. 29,
1995; CGD 96–041, 61 FR 50727, Sept. 27, 1996]
§ 39.10–3
Definitions—TB/ALL.
As used in this part:
Cargo deck area means that part of
the weather deck that is directly over
the cargo tanks.
Existing vapor collection system means
a vapor collection system which was
operating prior to July 23, 1990.
Facility vapor connection means the
point in a facility’s fixed vapor collection system where it connects with the
vapor collection hose or the base of the
vapor collection arm.
Independent as applied to two systems means that one system will operate with a failure of any part of the
other system except power sources and
electrical feeder panels.
Inerted means the oxygen content of
the vapor space in a cargo tank is reduced to 8 percent by volume or less in
accordance with the inert gas requirements of § 32.53 or § 153.500 of this chapter.
Lightering or lightering operation
means the transfer of a bulk liquid
cargo from a tank vessel to a service
vessel.
Marine Safety Center means the Commanding Officer, U.S. Coast Guard Marine Safety Center, 1900 Half Street,
SW, Suite 1000, Room 525, Washington,
DC 20024 for visitors. Send all mail to
Commanding Officer, U.S. Coast Guard
Marine Safety Center, 2100 2nd St. SW.,
Stop 7102, Washington, DC 20593–7102, in
a written or electronic format. Information for submitting the VSP electronically can be found at http://
www.uscg.mil/HQ/MSC.
Maximum
allowable
transfer
rate
means the maximum volumetric rate
at which a vessel may receive cargo or
ballast.
New vapor collection system means a
vapor collection system which is not
an existing vapor collection system.
Service vessel means a vessel which
transports bulk liquid cargo between a
facility and another vessel.
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§ 39.10–5
46 CFR Ch. I (10–1–11 Edition)
Topping-off operation means 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.
Vapor balancing means the transfer of
vapor displaced by incoming cargo
from the tank of a vessel receiving
cargo into a tank of the vessel or facility delivering cargo via a vapor collection system.
Vapor collection system means an arrangement of piping and hoses used to
collect vapor emitted from a vessel’s
cargo tanks and to transport the vapor
to a vapor processing unit.
Vapor control system means an arrangement of piping and equipment
used to control vapor emissions collected from a vessel. It includes the
vapor collection system and vapor
processing unit.
Vapor processing unit means the components of a vapor control system that
recovers, destroys, or disperses vapor
collected from a vessel.
Vessel vapor connection means the
point in a vessel’s fixed vapor collection system where it connects with the
vapor collection hose or arm.
§ 39.10–5 Incorporation by reference—
TB/ALL.
(a) Certain materials are incorporated by reference into this part
with the approval of the Director of the
Federal Register in accordance with 5
U.S.C. 552(a). To enforce any edition
other than the one listed in paragraph
(b) of this section, notice of change
must be published in the FEDERAL REGISTER and the material made available
to the public. All approved material is
on file at the U.S. Coast Guard, Office
of Operating and Environmental Standards (CG–522), 2100 2nd St. SW., Stop
7126, Washington, DC 20593–7126, 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/federallregister/
codeloflfederallregulations/
ibrllocations.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:
[CGD 88–102, 55 FR 25446, June 21, 1990, as
amended by USCG–2007–29018, 72 FR 53965,
Sept. 21, 2007]
American Petroleum Institute (API), 1220 L Street NW., Washington, DC 20005
API Standard 2000, Venting Atmospheric and Low-Pressure Storage Tanks
(Nonrefrigerated and Refrigerated), Third Edition, January 1982 (reaffirmed
December 1987) ..................................................................................................
American National Standards Institute (ANSI), 11 West 42nd Street, New York, NY
10036
ANSI B16.5, Steel Pipe Flanges and Flanged Fittings, 1981 .................................
American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, West
Conshohocken, PA 19428–2959
ASTM F 1271–90 (1995)—Standard Specification for Spill Valves for Use in Marine Tank Liquid Overpressure Protection Applications ..................................
International Electrotechnical Commission (IEC), Bureau Central de la Commission
Electrotechnique Internationale, 1 rue de Varembe´, Geneva, Switzerland
IEC 309–1—Plugs, Socket-Outlets and Couplers for Industrial Purposes: Part 1,
General Requirements, 1979 ..............................................................................
IEC 309–2—Plugs, Socket-Outlets and Couplers for Industrial Purposes: Part 2,
Dimensional Interchangeability Requirements for Pin and Contact-tube Accessories, 1981 ....................................................................................................
National Electrical Manufacturers Association (NEMA), 2101 L St. NW., Washington,
DC 20036
ANSI/NEMA WD6—Wiring Devices, Dimensional Requirements, 1988 .................
National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02269
NFPA 70—National Electrical Code, 1987 .............................................................
Oil Companies International Marine Forum (OCIMF), 15th Floor, 96 Victoria Street,
London SWIE 5JW, England
International Safety Guide for Oil Tankers and Terminals, Third Edition, 1988
39.20–11
39.20–1
39.20–9
39.20–9
39.20–9
39.20–9
39.20–9
39.30–1
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Coast Guard, DHS
§ 39.20–1
[CGD 88–102, 55 FR 25446, June 21, 1990, as amended by CGD 95–072, 60 FR 50462, Sept. 29, 1995;
CGD 96–041, 61 FR 50727, Sept. 27, 1996; CGD 97–057, 62 FR 51043, Sept. 30, 1997; USCG-1999–5151,
64 FR 67177, Dec. 1, 1999]
§ 39.10–9 Vessel
unit—TB/ALL.
vapor
processing
Each vessel which has a vapor processing unit located on board must meet
the requirements of 33 CFR part 154,
subpart E to the satisfaction of the
Commandant (CG–522) in addition to
complying with the requirements of
this part.
[CGD 88–102, 55 FR 25446, June 21, 1990, as
amended by CGD 95–072, 60 FR 50462, Sept. 29,
1995; CGD 96–041, 61 FR 50727, Sept. 27, 1996]
§ 39.10–11
ALL.
Personnel
training—TB/
(a) A person in charge of a transfer
operation utilizing a vapor collection
system must have completed a training
program covering the particular system installed on the vessel. Training
must include drills or demonstrations
using the installed vapor control system covering normal operations and
emergency procedures.
(b) The training program required by
paragraph (a) of this section must
cover the following subjects:
(1) Purpose of a vapor control system;
(2) Principles of the vapor control
system;
(3) Components of the vapor control
system;
(4) Hazards associated with the vapor
control system;
(5) Coast Guard regulations in this
part;
(6) Operating procedures, including:
(i) Testing and inspection requirements,
(ii) Pre-transfer procedures,
(iii) Connection sequence,
(iv) Start-up procedures, and
(v) Normal operations; and
(7) Emergency procedures.
[CGD 88–102, 55 FR 25446, June 21, 1990; 55 FR
39270, Sept. 26, 1990]
§ 39.10–13 Submission of vapor control
system designs—TB/ALL.
(a) Plans, calculations, and specifications for a new vessel vapor collection
system must be submitted to the Ma-
rine Safety Center for approval prior to
installation.
(b) An existing vapor collection system installation that has been Coast
Guard approved to transfer cargo vapor
to specific facilities must be reviewed
and approved by the Marine Safety
Center prior to transferring vapors to
other facilities.
(c) The owners/operators of a foreign
flag vessel may submit certification by
the classification society which classes
the vessel that the vessel meets the requirements of this part as an alternative to meeting the requirements in
paragraph (a) of this section.
(d) Upon satisfactory completion of
plan review and inspection of the vapor
collection system or receipt of the certification provided for in paragraph (c)
of this section, the Officer in Charge,
Marine Inspection, shall endorse the
Certificate of Inspection for U.S. flag
vessels, or the Certificate of Compliance for foreign flag vessels, that the
vessel is acceptable for collecting the
vapor from crude oil, gasoline blends,
and benzene, or any other vapor it is
found acceptable to collect.
[CGD 88–102, 55 FR 25446, June 21, 1990, as
amended by CGD 95–028, 62 FR 51200, Sept. 30,
1997; USCG-2004–18884, 69 FR 58345, Sept. 30,
2004]
Subpart 39.20—Design and
Equipment
§ 39.20–1 Vapor collection system—TB/
ALL.
(a) Each vapor collection system
must meet the following requirements:
(1) Except as allowed by paragraph
(a)(3) of this section or the Commandant (CG–522), vapor collection piping must be permanently installed,
with the vessel’s vapor connection located as close as practical to the loading manifold;
(2) If the vessel collects vapors from
incompatible cargoes simultaneously,
it must keep the incompatible vapors
separate throughout the entire vapor
collection system;
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§ 39.20–3
46 CFR Ch. I (10–1–11 Edition)
(3) A vessel certified to carry cargo
listed in Table 151.05 of part 151 or
Table 1 of part 153 of this chapter may
have vapor connections located in the
vicinity of each tank in order to preserve segregation of cargo systems, in
lieu of common header piping;
(4) A means must be provided to
eliminate liquid condensate which may
collect in the system, such as draining
and collecting liquid from each low
point in the line;
(5) Vapor collection piping must be
electrically bonded to the hull and
must be electrically continuous; and
(6) An inerted tankship must have a
means to isolate the inert gas supply
from the vapor collection system. The
inert gas main isolation valve required
by SOLAS 74, as amended, chapter II–2,
Regulation 62.10.8 may be used to satisfy this requirement.
(b) The vapor collection system must
not interfere with the proper operation
of the cargo tank venting system.
(c) An isolation valve capable of
manual operation must be provided at
the vessel vapor connection. The valve
must have an indicator to show clearly
whether the valve is in the open or
closed position, unless the valve position can be readily determined from
the valve handle or valve stem.
(d) The last 1.0 meter (3.3 feet) of
vapor piping before the vessel vapor
connection must be:
(1) Painted red/yellow/red with:
(i) The red bands 0.1 meter (0.33 feet)
wide, and
(ii) The middle yellow band 0.8 meter
(2.64 feet) wide; and
(2) Labeled ‘‘VAPOR’’ in black letters
at least 50 millimeters (2 inches) high.
(e) Each vessel vapor connection
flange must have a permanently attached 0.5 inch diameter stud at least
1.0 inch long projecting outward from
the flange face. The stud must be located at the top of the flange, midway
between bolt holes, and in line with the
bolt hole pattern.
(f) Each hose used for transferring
vapors must:
(1) Have a design burst pressure of at
least 25 psig;
(2) Have a maximum allowable working pressure of at least 5 psig;
(3) Be capable of withstanding at
least 2.0 psi vacuum without collapsing
or constricting;
(4) Be electrically continuous with a
maximum resistance of ten thousand
(10,000) ohms;
(5) Have flanges with:
(i) A bolt hole arrangement complying with the requirements for 150
pound class ANSI B16.5 flanges, and
(ii) One or more 0.625 inch diameter
holes in the flange located midway between bolt holes and in line with the
bolt hole pattern;
(6) Be abrasion resistant and resistant to kinking; and
(7) Have the last 1.0 meter (3.3 feet) of
each end of the vapor hose marked in
accordance with paragraph (d) of this
section.
(g) Vapor hose handling equipment
must be provided with hose saddles
which provide adequate support to prevent kinking or collapse of hoses.
[CGD 88–102, 55 FR 25446, June 21, 1990, as
amended by CGD 95–072, 60 FR 50462, Sept. 29,
1995; CGD 96–041, 61 FR 50727, Sept. 27, 1996]
§ 39.20–3 Cargo gauging system—TB/
ALL.
(a) Each cargo tank of a tank vessel
that is connected to a vapor collection
system must be equipped with a cargo
gauging device which:
(1) Provides a closed gauging arrangement as defined in § 151.15.10 of
this chapter that does not require
opening the tank to the atmosphere
during cargo transfer;
(2) Allows the operator to determine
the liquid level in the tank for the full
range of liquid levels in the tank;
(3) Indicates the liquid level in the
tank at the location where cargo transfer is controlled; and
(4) If portable, is installed on the
tank during the entire transfer operation.
(b) Except when a tank barge complies with § 39.20–9(a) of this part, each
cargo tank of a barge must have a high
level indicating device that:
(1) Provides a visual indication of the
liquid level in the cargo tank when the
cargo level is within 1.0 meter (3.28
feet) of the tank top;
(2) Has the maximum liquid level permitted under § 39.30–1(e) of this part at
even keel conditions conspicuously and
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Coast Guard, DHS
§ 39.20–9
permanently marked on the indicating
device; and
(3) Is visible from all cargo control
areas on the tank barge.
§ 39.20–7 Tankship liquid overfill protection—T/ALL.
(a) Each cargo tank of a tankship
must be equipped with an intrinsically
safe high level alarm and a tank overfill alarm.
(b) The high level alarm and tank
overfill alarm required by paragraph
(a) of this section, if installed after
July 23, 1990 must:
(1) Be independent of each other;
(2) Alarm in the event of loss of
power to the alarm system or failure of
electrical circuitry to the tank level
sensor; and
(3) Be able to be checked at the tank
for proper operation prior to each
transfer or contain an electronic selftesting feature which monitors the
condition of the alarm circuitry and
sensor.
(c) The high level alarm required by
paragraph (a) of this section must:
(1) Alarm before the tank overfill
alarm, but no lower than 95 percent of
tank capacity;
(2) Be identified with the legend
‘‘High Level Alarm’’ in black letters at
least 50 millimeters (2 inches) high on
a white background; and
(3) Have audible and visible alarm indications that can be seen and heard on
the vessel where cargo transfer is controlled.
(d) The tank overfill alarm required
by paragraph (a) of this section must:
(1) Be independent of the cargo gauging system;
(2) Have audible and visible alarm indications that can be seen and heard on
the vessel where cargo transfer is controlled and in the cargo deck area;
(3) Be identified with the legend
‘‘TANK OVERFILL ALARM’’ in black
letters at least 50 millimeters (2
inches) high on a white background;
and
(4) Alarm early enough to allow the
person in charge of transfer operations
to stop the transfer operation before
the cargo tank overflows.
(e) If a spill valve is installed on a
cargo tank fitted with a vapor collec-
tion system, it must meet the requirements of § 39.20–9(c) of this part.
(f) If a rupture disk is installed on a
cargo tank fitted with a vapor collection system, it must meet the requirements of § 39.20–9(d) of this part.
§ 39.20–9 Tank barge
protection—B/ALL.
liquid
overfill
Each cargo tank of a tank barge
must have one of the following liquid
overfill protection arrangements.
(a) A system meeting the requirements of § 39.20–7 of this part which:
(1) Includes a self-contained power
supply;
(2) Is powered by generators installed
on the barge; or
(3) Receives power from a facility and
is fitted with a shore tie cable and a 120
volt 20 amp explosion-proof plug which
meets:
(i) ANSI/NEMA WD6;
(ii) NFPA 70, Articles 410–57 and 501–
12; and
(iii) § 111.105–9 of this chapter.
(b) An intrinsically safe overfill control system which:
(1) Is independent of the cargo gauging device required by § 39.20–3(a) of
this part;
(2) Actuates an alarm and automatic
shutdown system at the facility overfill control panel, or on the vessel to be
lightered if a lightering operation, 60
seconds before the tank becomes 100
percent liquid full;
(3) Is able to be checked at the tank
for proper operation prior to each loading;
(4) Consists of components which, individually or in series, will not generate or store a total of more than 1.2
V, 0.1 A, 25 mW, or 20 microjoules;
(5) Has at least one tank overfill sensor switch with normally closed contacts per cargo tank;
(6) Has all tank overfill sensor
switches connected in series;
(7) Has interconnecting cabling that
meets § 111.105–15(b) of this chapter; and
(8) Has a male plug with a 5 wire, 16
amp connector body meeting IEC 309–1/
309–2 which is:
(i) Configured with pins S2 and R1 for
the tank overfill sensor circuit, pin G
connected to the cabling shield, and
pins N and T3 reserved for an optional
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§ 39.20–11
46 CFR Ch. I (10–1–11 Edition)
high level alarm circuit meeting the
requirements of this paragraph; and
(ii) Labeled ‘‘Connector for Barge
Overflow Control System’’ and with
the total inductance and capacitance of
the connected switches and cabling.
(c) A spill valve which:
(1) Meets ASTM F 1271 (incorporated
by reference, see § 39.10–5);
(2) Relieves at a pressure higher than
the pressure at which the pressure relief valves meeting the requirements of
§ 39.20–11 operate;
(3) Limits the maximum pressure at
the cargo tank top during liquid overfill, at the maximum loading rate for
the tank, to not more than the maximum design working pressure for the
tank; and
(4) If the vessel is in ocean or coastwise service, has provisions to prevent
opening due to cargo sloshing.
(d) A rupture disk arrangement
which meets paragraphs (c)(2), (c)(3)
and (c)(4) of this section and is approved by the Commandant (CG–522).
[CGD 88–102, 55 FR 25446, June 21, 1990, as
amended by CGD 95–072, 60 FR 50462, Sept. 29,
1995; CGD 96–041, 61 FR 50727, Sept. 27, 1996;
USCG-2000–7790, 65 FR 58459, Sept. 29, 2000]
§ 39.20–11 Vapor overpressure and vacuum protection—TB/ALL.
(a) The cargo tank venting system
required by § 32.55 of this chapter must:
(1) Be capable of discharging cargo
vapor at 1.25 times the maximum
transfer rate such that the pressure in
the vapor space of each tank connected
to the vapor collection system does not
exceed:
(i) The maximum design working
pressure for the tank, or
(ii) If a spill valve or rupture disk is
fitted, the pressure at which the device
operates;
(2) Not relieve at a pressure corresponding to a pressure in the cargo
tank vapor space of less than 1.0 psig;
(3) Prevent a vacuum in the cargo
tank vapor space, whether generated
by withdrawal of cargo or vapor at
maximum rates, that exceeds the maximum design vacuum for any tank connected to the vapor collection system;
and
(4) Not relieve at a vacuum corresponding to a vacuum in the cargo
tank vapor space of less than 0.5 psi
below atmospheric pressure.
(b) Each pressure-vacuum relief valve
must:
(1) Be tested for venting capacity in
accordance with paragraph 1.5.1.3 of
API 2000; and
(2) Have a means to check that the
device operates freely and does not remain in the open position, if installed
after July 23, 1991.
(c) The relieving capacity test required by paragraph (b)(1) of this section must be carried out with a flame
screen fitted at the vacuum relief opening and at the discharge opening if the
pressure-vacuum relief valve is not designed to ensure a minimum vapor discharge velocity of 30 meters (98.4 ft.)
per second.
§ 39.20–13 High and low vapor pressure protection for tankships—T/
ALL.
Each tankship vapor collection system must be fitted with a pressure
sensing device that senses the pressure
in the main vapor collection line,
which:
(a) Has a pressure indicator located
on the vessel where the cargo transfer
is controlled; and
(b) Has a high pressure and a low
pressure alarm that:
(1) Is audible and visible on the vessel
where cargo transfer is controlled;
(2) Alarms at a high pressure of not
more than 90 percent of the lowest
pressure relief valve setting in the
cargo tank venting system; and
(3) Alarms at a low pressure of not
less than four inches water gauge (0.144
psig) for an inerted tankship, or the
lowest vacuum relief valve setting in
the cargo tank venting system for a
non-inerted tankship.
Subpart 39.30—Operations
§ 39.30–1 Operational requirements—
TB/ALL.
(a) Vapor from a tank vessel may not
be transferred to:
(1) A facility in the United States
which does not have its letter of adequacy endorsed as meeting the requirements of 33 CFR part 154, subpart E; or
(2) In the case of a lightering or topping off operation, a vessel which does
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Coast Guard, DHS
§ 39.30–1
not have its certificate of inspection or
certificate of compliance endorsed as
meeting the requirements of this part.
(b) The pressure drop through the
vapor collection system from the most
remote cargo tank to the vessel vapor
connection must be:
(1) Determined for each cargo handled by the vapor collection system at
the maximum transfer rate and at lessor transfer rates;
(2) Based on a 50 percent cargo vapor
and air mixture, and a vapor growth
rate appropriate for the cargo being
loaded; and
(3) Included in the vessel’s oil transfer procedures as a table or graph
showing the liquid transfer rate versus
the pressure drop.
(c) If a vessel carries vapor hoses, the
pressure drop through the hoses must
be included in the pressure drop calculations required by paragraph (b) of
this section.
(d) The rate of cargo transfer must
not exceed the maximum allowable
transfer rate as determined by the lesser of the following:
(1) Eighty (80) percent of the total
venting capacity of the pressure relief
valves in the cargo tank venting system when relieving at the set pressure
required by § 39.20–11(a) of this part;
(2) The total vacuum relieving capacity of the vacuum relief valves in the
cargo tank venting system when relieving at the set pressure required by
§ 39.20–11(a) of this part;
(3) The rate based on pressure drop
calculations at which, for a given pressure at the facility vapor connection,
or if lightering at the vapor connection
of the vessel receiving cargo, the pressure in any cargo tank connected to
the vapor collection system exceeds 80
percent of the setting of any pressure
relief valve in the cargo tank venting
system.
(e) A cargo tank must not be filled
higher than:
(1) 98.5 percent of the cargo tank volume; or
(2) The level at which an overfill
alarm complying with § 39.20–7 or
§ 39.20–9(b)(2) of this part is set.
(f) A cargo tank must not be opened
to the atmosphere during cargo transfer operations except as provided in
paragraph (g) of this section.
(g) A cargo tank may be opened to
the atmosphere for gauging or sampling while a tank vessel is connected
to a vapor control system if the following conditions are met:
(1) The cargo tank is not being filled;
(2) Except when the tank is inerted,
any pressure in the cargo tank vapor
space is first reduced to atmospheric
pressure by the vapor control system;
(3) The cargo is not required to be
closed or restricted gauged by Table
151.05 of part 151 or Table 1 in part 153
of this chapter; and
(4) For static accumulating cargo, all
metallic equipment used in sampling
or gauging is electrically bonded to the
vessel before it is put into the tank, remains bonded to the vessel until it is
removed from the tank, and if the tank
is not inerted, a period of 30 minutes
has elapsed since loading of the tank
was completed.
(h) For static accumulating cargo the
initial transfer rate must be controlled
in accordance with Section 7.4 of the
OCIMF, International Safety Guide for
Oil Tankers and Terminals, in order to
minimize the development of a static
electrical charge.
(i) If cargo vapor is collected by a facility that requires the vapor from the
vessel to be inerted in accordance with
33 CFR 154.820(a) or (b), the oxygen content in the vapor space of each cargo
tank connected to the vapor collection
system must not exceed 8 percent by
volume at the start of cargo transfer.
The oxygen content of each tank must
be measured at a point one meter (3.28
feet) below the tanktop and at a point
equal to one-half of the ullage. Where
tanks have partial bulkheads, the oxygen content of each area of that tank
formed by each partial bulkhead must
be measured at a point one meter (3.28
feet) below the tanktop and at a point
equal to one-half of the ullage.
(j) If the vessel is equipped with an
inert gas system, the isolation valve
required by § 39.20–1(a)(6) of this part
must remain closed during vapor transfer.
(k) Unless equipped with an automatic self-test and circuit monitoring
feature, each high level alarm and tank
overfill alarm required by § 39.20–7 or
§ 39.20–9 of this part, on a cargo tank
being loaded, must be tested at the
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§ 39.40–1
46 CFR Ch. I (10–1–11 Edition)
tank for proper operation within 24
hours prior to the start of cargo transfer.
[CGD 88–102, 55 FR 25446, June 21, 1990; 55 FR
39270, Sept. 26, 1990]
Subpart 39.40—Lightering and
Topping-Off Operations with
Vapor Balancing
§ 39.40–1 General requirements
vapor balancing-TB/ALL.
for
(a) Except as provided in paragraph
(b) of this section, each vessel which
uses vapor balancing while conducting
a lightering or topping-off operation
must meet the requirements of this
subpart in addition to the requirements of subparts 39.10, 39.20, and 39.30
of this part.
(b) An arrangement to control vapor
emissions during a lightering or topping-off operation which does not use
vapor balancing must receive approval
from the Commandant (CG–522).
(c) A vapor balancing operation must
not use a compressor or blower to assist vapor transfer without approval
from the Commandant (CG–522).
(d) Vapor balancing is prohibited
when the cargo tanks on a vessel discharging cargo are inerted and the
cargo tanks on a vessel receiving cargo
are not inerted.
(e) A vessel which intends to engage
in a lightering or topping-off operation
while collecting cargo vapor from
other than crude oil, gasoline, or benzene must receive specific approval
from the Commandant (CG–522).
[CGD 88–102, 55 FR 25446, June 21, 1990; 55 FR
39270, Sept. 26, 1990, as amended by CGD 95–
072, 60 FR 50462, Sept. 29, 1995; CGD 96–041, 61
FR 50727, Sept. 27, 1996]
§ 39.40–3 Design and equipment for
vapor balancing—TB/ALL.
(a) If the cargo tanks on a vessel discharging cargo and a vessel receiving
cargo are inerted, the service vessel
must:
(1) Have a means to inert the vapor
transfer hose prior to transferring
cargo vapor; and
(2) Have an oxygen analyzer with a
sensor or sampling connection fitted
within 3 meters (9.74 ft.) of the vessel
vapor connection which:
(i) Activates an audible and visible
alarm at a location on the service vessel where cargo transfer is controlled
when the oxygen content in the vapor
collection system exceeds 8 percent by
volume;
(ii) Has an oxygen concentration indicator located on the service vessel
where the cargo transfer is controlled;
and
(iii) Has a connection for injecting a
span gas of known concentration for
calibration and testing of the oxygen
analyzer.
(b) If the cargo tanks on a vessel discharging cargo are not inerted, the
vapor collection line on the service
vessel must be fitted with a detonation
arrester that meets the requirements
of 33 CFR 154.822(a) located within 3
meters (9.74 ft.) of the vessel vapor connection.
(c) An electrical insulating flange or
one length of non-conductive hose
must be provided between the vessel
vapor connection on the service vessel
and the vapor connection on the vessel
being lightered or topped-off.
§ 39.40–5 Operational requirements for
vapor balancing—TB/ALL.
(a) During a lightering or topping-off
operation each cargo tank being loaded
must be connected by the vapor collection system to a cargo tank which is
being discharged.
(b) If the cargo tanks on both the
vessel discharging cargo and the vessel
receiving cargo are inerted, the following requirements must be met:
(1) Each tank on a vessel receiving
cargo which is connected to the vapor
collection system must be tested prior
to cargo transfer to ensure that the oxygen content in the vapor space does
not exceed 8 percent by volume. The
oxygen content of each tank must be
measured at a point one meter (3.28
feet) below the tanktop and at a point
equal to one-half of the ullage. Where
tanks have partial bulkheads, the oxygen content of each area of that tank
formed by each partial bulkhead must
be measured at a point one meter (3.28
feet) below the tanktop and at a point
equal to one-half of the ullage;
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Coast Guard, DHS
§ 39.40–5
(2) The oxygen analyzer required by
§ 39.40–3(a) must be tested for proper operation prior to the start of each transfer operation;
(3) The oxygen content of vapors
being transferred must be continuously
monitored during the transfer operation;
(4) Cargo transfer must be terminated if the oxygen content exceeds 8
percent by volume and must not be restarted until the oxygen content in the
tanks of the vessel receiving cargo is
reduced to 8 percent by volume or less;
and
(5) The vapor transfer hose must be
purged of air and inerted prior to starting vapor transfer.
(c) The isolation valve, required by
§ 39.20–1(c) of this part, located on the
service vessel must not be opened until
the pressure in the vapor collection
system on the vessel receiving cargo
exceeds the pressure in the vapor col-
lection system on the vessel discharging cargo.
(d) The cargo transfer rate must be
controlled from the vessel discharging
cargo, and must not exceed the maximum allowable transfer rate for the
vessel receiving cargo.
(e) The pressure in the vapor space of
any cargo tank connected to the vapor
collection line on either the vessel receiving cargo or the vessel discharging
cargo must not exceed 80 percent of the
lowest setting of any pressure relief
valve during ballasting or cargo transfer.
(f) All impressed current cathodic
protection systems must be deenergized during cargo transfer operations.
(g) Tank washing is prohibited unless
the cargo tanks on both the vessel discharging cargo and the vessel receiving
cargo are inerted or the tank is isolated from the vapor collection line.
[CGD 88–102, 55 FR 25446, June 21, 1990; 55 FR
39270, Sept. 26, 1990]
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| File Type | application/pdf |
| File Modified | 2014-08-14 |
| File Created | 2014-08-14 |