1625-0113 Stat/Authority

§ 160.214

33 CFR Ch. I (7–1–12 Edition)

If your voyage
time is—

You must submit an NOA—

least 24 hours before entering the U.S.
port or place of destination.

(ii) Less than 96
hours.

Before departure but at least 24 hours
before entering the port or place of
destination.

[USCG–2002–11865, 68 FR 9543, Feb. 28, 2003; 68
FR 63735, Nov. 10, 2003]

(b) Submission of changes to NOA. (1)
Except as set out in paragraph (b)(2) of
this section, vessels must submit
changes in NOA information within the
times required in paragraph (b)(3) of
this section.
(2) Towing vessels, when in control of
a vessel carrying CDC and operating
solely between ports or places in the
continental United States, must submit changes to an NOA as soon as practicable but at least 6 hours before entering the port or place of destination.
(3) Times for submitting changes to
NOAs are as follows:
If your remaining
voyage time is—

Then you must submit changes to an
NOA—

(i) 96 hours or
more;.

As soon as practicable but at least 24
hours before entering the port or place
of destination;
As soon as practicable but at least 24
hours before entering the port or place
of destination; or

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(ii) Less than 96
hours but not
less than 24
hours; or
(iii) Less than 24
hours.

As soon as practicable but at least 12
hours before entering the port or place
of destination.

(c) Submission of the Cargo Declaration
(Customs Form 1302). (1) Except as set
out in paragraph (c)(2) of this section,
all vessels must submit to USCS the
Cargo Declaration (Customs Form 1302)
in entry (8) to Table 160.206, within the
times required in paragraph (a)(3) of
this section.
(2)(i) Except for vessels carrying containerized cargo or break bulk cargo,
vessels carrying bulk cargo may submit the Cargo Declaration (Customs
Form 1302), (Entry (8) to Table 160.206)
before departure but at least 24 hours
before entering the U.S. port or place
of destination.
(ii) Vessels carrying break bulk cargo
operating under a USCS exemption
granted under 19 CFR 4.7(b)(4)(ii) may,
during the effective period of the USCS
exemption, submit the Cargo Declaration (Customs Form 1302), (Entry (8) to
Table 160.206) before departure but at

EFFECTIVE DATE NOTE: By USCG–2002–
11865, 68 FR 27908, May 22, 2003, in § 160.212,
paragraph (c) was suspended, effective May
22, 2003.

§ 160.214

Waivers.

The Captain of the Port may waive,
within that Captain of the Port’s designated zone, any of the requirements
of this subpart for any vessel or class
of vessels upon finding that the vessel,
route, area of operations, conditions of
the voyage, or other circumstances are
such that application of this subpart is
unnecessary or impractical for purposes of safety, environmental protection, or national security.
§ 160.215 Notice of hazardous conditions.
Whenever there is a hazardous condition either aboard a vessel or caused by
a vessel or its operation, the owner,
agent, master, operator, or person in
charge shall immediately notify the
nearest Coast Guard Sector Office or
Group Office. (Compliance with this
section does not relieve responsibility
for the written report required by 46
CFR 4.05–10.)
[USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as
amended by USCG–2006–25556, 72 FR 36328,
July 2, 2007]

Subpart D—Crewmember
Identification
SOURCE: USCG–2007–28648, 74 FR 19140, Apr.
28, 2009, unless otherwise noted.

§ 160.300

Applicability.

(a) This subpart applies to crewmembers on the following vessels in
the navigable waters of the United
States en route to a U.S. port or place
of destination or at a U.S. port or
place:
(1) A foreign vessel engaged in commercial service, and
(2) A U.S. vessel engaged in commercial service and coming from a foreign
port or place of departure.

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Coast Guard, DHS

Pt. 161

(b) This subpart also applies to the
operators of the vessels listed in paragraph (a) of this section.
§ 160.305

Exceptions.

Requirements in this subpart do not
apply to crewmembers and operators
on a vessel bound for a U.S. port or
place of destination under force
majeure.

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§ 160.310

Definitions.

As used in this subpart, and only for
purposes of this supbpart—
Acceptable identification means a:
(1) Passport;
(2) U.S. Permanent Resident Card;
(3) U.S. merchant mariner document;
(4) U.S. merchant mariner credential;
(5) Transportation Worker Identification Credential (TWIC) issued by the
Transportation Security Administration under 49 CFR part 1572; or
(6) Seafarer’s Identification Document (SID) issued by or under the authority of the government of a country
that has ratified the International
Labour Organization Seafarers’ Identity Documents Convention (Revised),
2003 (ILO 185), meeting all the requirements of ILO 185.
Commercial service means any type of
trade or business involving the transportation of goods or individuals, except service performed by a combatant
vessel.
Crewmember means all persons carried
onboard a vessel to provide: navigation
services; maintenance of the vessel, its
machinery, or systems; arrangements
essential for propulsion or safe navigation; or services for other persons onboard.
Foreign vessel means a vessel of foreign registry or operated under the authority of a country except the United
States.
Navigable waters of the United States
means the same as this term is defined
in 33 CFR 2.36(a). This includes a 12nautical-mile wide U.S. territorial sea
as measured from the baseline, U.S. internal waters subject to tidal influence, and certain U.S. internal waters
not subject to tidal influence.
Operator means any person including,
but not limited to, an owner, a
charterer, or another contractor who

conducts, or is responsible for, the operation of a vessel.
Passport means any travel document
issued by competent authority showing
the bearer’s origin, identity, and nationality if any, which is valid for the
admission of the bearer into a foreign
country.
Port or place of departure means any
port or place in which a vessel is anchored or moored.
Port or place of destination means any
port or place in which a vessel is bound
to anchor or moor.
§ 160.315 Crewmember identification
requirement.
(a) A crewmember subject to this
subpart must carry and present on demand an acceptable identification. An
operator subject to this subpart must
ensure that every crewmember on the
vessel has an acceptable identification
in his or her possession when the vessel
is in the navigable waters of the United
States. For purposes of this section, a
crewmember may secure his or her acceptable identification with the vessel’s master, so long as the identification can be presented on demand.
(b) Compliance with the requirements in this section does not relieve
vessel crewmembers and operators of
any requirements under the Immigration and Nationality Act (INA) or INA
implementing regulations. Likewise,
compliance with INA requirements
does not relieve vessel crewmembers
and operators of the requirements in
this section.
§ 160.320 Sanctions and vessel control.
Failure to comply with this subpart
will subject the crewmember and operator to a civil penalty under 46 U.S.C.
70119 and the vessel to control under 33
U.S.C. 1223(b).

PART 161—VESSEL TRAFFIC
MANAGEMENT
Subpart A—Vessel Traffic Services
GENERAL RULES
Sec.
161.1
161.2
161.3
161.4
161.5

Purpose and Intent.
Definitions.
Applicability.
Requirement to carry the rules.
Deviations from the rules.

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