Stat/Authority

CFR-2001-title33-vol2-part173.pdf

Coast Guard Boating Accident Report Form (CG-3865)

Stat/Authority

OMB: 1625-0003

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SUBCHAPTERS Q–R [Reserved]
SUBCHAPTER S—BOATING SAFETY
PART 173—VESSEL NUMBERING
AND CASUALTY AND ACCIDENT
REPORTING

Purpose.
Definitions.

Purpose.

[CGD 89–048, 54 FR 27002, June 27, 1989]

Subpart B—Numbering
173.11
173.13
173.15
173.17
173.19
173.21
173.23
173.25
173.27
173.29
173.31
173.33
173.35

§ 173.1

This part presecibes requirements for
numbering vessels and for reporting
casualties and accidents to implement
sections 6101, 6102, 12301 and 12302 of
Title 46, United States Code.

Subpart A—General
Sec.
173.1
173.3

Subpart A—General

§ 173.3

Applicability.
Exemptions.
Vessel number required.
Reciprocity.
Other numbers prohibited.
Certificate of number required.
Inspection of certificate.
Location of certificate of number.
Numbers: Display; size; color.
Notification to issuing authority.
Surrender of certificate of number.
Removal of number.
Coast Guard validation sticker.

Subpart C—Casualty and Accident
Reporting
173.51 Applicability.
173.53 Immediate notification of death or
disappearance.
173.55 Report of casualty or accident.
173.57 Casualty or accident report.
173.59 Where to report.

Subpart D—Issue of Certificate of Number
173.71 Application for certificate of number.
173.73 Duplicate certificate of number.
173.75 Temporary certificate.
173.77 Validity of certificate of number.
173.79 Expiration of Coast Guard certificate
of number.
173.81 Coast Guard forms for numbering and
casualty reporting.
173.83 Availability of Coast Guard forms.
173.85 Fees levied by the Coast Guard.
APPENDIX A TO PART 173—ISSUING AUTHORITIES AND REPORTING AUTHORITIES
AUTHORITY: 31 U.S.C. 9701; 46 U.S.C. 2110,
6101, 12301, 12302; OMB Circular A–25; 49 CFR
1.46.
SOURCE: CGD 72–54R, 37 FR 21399, Oct. 7,
1972, unless otherwise noted.

Definitions.

As used in this part:
(a) [Reserved]
(b) Issuing authority means a State
that has a numbering system approved
by the Coast Guard or the Coast Guard
where a number system has not been
approved. Issuing authorities are listed
in Appendix A of this part.
(c) Operator means the person who is
in control or in charge of a vessel while
it is in use.
(d) Owner means a person who claims
lawful possession of a vessel by virtue
of legal title or equitable interest
therein which entitles him to such possession.
(e) Person means an individual, firm,
partnership, corporation, company, association, joint-stock association, or
governmental entity and includes a
trustee, receiver, assignee, or similar
representative of any of them.
(f) Reporting authority means a State
that has a numbering system approved
by the Coast Guard or the Coast Guard
where a numbering system has not
been approved. Reporting authorities
are listed in Appendix A of this part.
(g) State means a State of the United
States, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the District of Columbia.
(h) State of principal use means the
State on whose waters a vessel is used
or to be used most during a calendar
year.
(i) Use means operate, navigate, or
employ.
[CGD 72–54R, 37 FR 21399, Oct. 7, 1972, as
amended by CGD 77–117A, 43 FR 17941, Apr.
27, 1978; CGD 89–048, 54 FR 2702, June 27, 1989]

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Coast Guard, DOT

§ 173.21

Subpart B—Numbering
§ 173.11 Applicability.
This subpart applies to each vessel
equipped with propulsion machinery of
any type used on waters subject to the
jurisdiction of the United States and
on the high seas beyond the territorial
seas for vessels owned in the United
States except:
(a) Foreign vessels temporarily using
waters subject to U.S. jurisdiction;
(b) Military or public vessels of the
United States, except recreational-type
public vessels;
(c) A vessel whose owner is a State or
subdivision thereof, which is used principally for governmental purposes, and
which is clearly identifiable as such;
(d) Ships’ lifeboats;
(e) A vessel which has or is required
to have a valid marine document as a
vessel of the United States.
§ 173.13 Exemptions.
Where the Coast Guard issues numbers, the following classes of vessels
are exempt, under Section 12303 of
Title 46, United States Code, from the
numbering provisions of Sections 12301
and 12302 of Title 46, United States
Code, and this part:
(a) A vessel that is used exclusively
for racing.
(b) A vessel equipped with propulsion
machinery of less than 10 horsepower
that:
(1) Is owned by the owner of a vessel
for which a valid certificate of number
has been issued;
(2) Displays the number of that numbered vessel followed by the suffix ‘‘1’’
in the manner prescribed in § 173.27; and
(3) Is used as a tender for direct
transportation between that vessel and
the shore and for no other purpose.
§ 173.15 Vessel number required.
(a) Except as provided in § 173.17, no
person may use a vessel to which this
part applies unless:
(1) It has a number issued on a certificate of number by the issuing authority in the State in which the vessel
is principally used; and
(2) The number is displayed as described in § 173.27.
(b) This section does not apply to a
vessel for which a valid temporary cer-

tificate has been issued to its owner by
the issuing authority in the State in
which the vessel is principally used.
§ 173.17

Reciprocity.

(a) Section 12302(c) of Title 46, United
States Code, states:
When a vessel is numbered in a State, it is
deemed in compliance with the numbering
system of a State in which it temporarily is
operated.

(b) Section 12302(d) of Title 46, United
States Code, states:
When a vessel is removed to a new State of
principal operation, the issuing authority of
that State shall recognize the validity of the
number issued by the original State for 60
days.
[CGD 89–048, 54 FR 27002, June 27, 1989]

§ 173.19

Other numbers prohibited.

No person may use a vessel to which
this part applies that has any number
that is not issued by an issuing authority for that vessel on its forward half.
§ 173.21 Certificate
quired.

of

number

re-

(a) Except as provided in §§ 173.13 and
173.17, no person may use a vessel to
which this part applies unless it has on
board:
(1) A valid certificate of number or
temporary certificate for that vessel
issued by the issuing authority in the
State in which the vessel is principally
used; or
(2) For the vessel described in paragraph (b) of this section, a copy of the
lease or rental agreement, signed by
the owner or his authorized representative and by the person leasing or renting the vessel, that contains at least:
(i) The vessel number that appears on
the certificate of number; and
(ii) The period of time for which the
vessel is leased or rented.
(b) Section 12304(a) of Title 46, United
States Code, states in part: The certificate of number for a vessel less than 26
feet in length and leased or rented to
another for the latter’s noncommercial
operation of less than 7 days may be retained on shore by the vessel’s owner
or representative at the place from
which the vessel departs or returns to

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§ 173.23

33 CFR Ch. I (7–1–01 Edition)

the possession of the owner or the owner’s representative.
[CGD 72–54R, 37 FR 21399, Oct. 7, 1972, as
amended by CGD 77–117A, 43 FR 17941, Apr.
27, 1978; CGD 89–048, 54 FR 27002, June 27,
1989]

§ 173.23 Inspection of certificate.
Each person using a vessel to which
this part applies shall present the certificate or lease or rental agreement
required by § 173.21 to any Federal,
State, or local law enforcement officer
for inspection at his request.
§ 173.25 Location of certificate of number.
No person may use a vessel to which
this part applies unless the certificate
or lease or rental agreement required
by § 173.21 is carried on board in such a
manner that it can be handed to a person authorized under § 173.23 to inspect
it.
§ 173.27 Numbers: Display; size; color.
(a) Each number required by § 173.15
must:
(1) Be painted on or permanently attached to each side of the forward half
of the vessel except as allowed by paragraph (b) or required by paragraph (c)
of this section;
(2) Be in plain vertical block characters of not less than 3 inches in
height;
(3) Contrast with the color of the
background and be distinctly visible
and legible;
(4) Have spaces or hyphens that are
equal to the width of a letter other
than ‘‘I’’ or a number other than ‘‘1’’
between
the
letter
and
number
groupings (Example: DC 5678 EF or DC–
5678–EF); and
(5) Read from left to right.
(b) When a vessel is used by a manufacturer or by a dealer for testing or
demonstrating, the number may be
painted on or attached to removable
plates that are temporarily but firmly
attached to each side of the forward
half of the vessel.
(c) On vessels so configured that a
number on the hull or superstructure
would not be easily visible, the number
must be painted on or attached to a
backing plate that is attached to the
forward half of the vessel so that the

number is visible from each side of the
vessel.
(d) Each number displayed on a tender exempted under § 173.13 must meet
the requirements of paragraph (a) of
this section and have a space or hyphen
that is equal to the width of a letter
other than ‘‘I’’ or a number other than
‘‘1’’ between the suffix and the number.
(Example: DC 5678 EF 1 or DC–5678–EF–
1.)
§ 173.29 Notification to issuing authority.
A person whose name appears as the
owner of a vessel on a certificate of
number shall, within 15 days, notify
the issuing authority in a manner prescribed by the issuing authority of:
(a) Any change in his address;
(b) The theft or recovery of the vessel;
(c) The loss or destruction of a valid
certificate of number;
(d) The transfer of all or part of his
interest in the vessel; and
(e) The destruction or abandonment
of the vessel.
§ 173.31 Surrender of certificate of
number.
A person whose name appears as the
owner of a vessel on a certificate of
number shall surrender the certificate
in a manner prescribed by the issuing
authority within 15 days after it becomes invalid under paragraph (b), (c),
(d), or (e) of § 173.77.
§ 173.33 Removal of number.
The person whose name appears on a
certificate of number as the owner of a
vessel shall remove the number and
validation sticker from the vessel
when:
(a) The vessel is documented by the
Coast Guard;
(b) The certificate of number is invalid under paragraph (c) of § 173.77; or
(c) The vessel is no longer principally
used in the State where the certificate
was issued.
§ 173.35 Coast Guard validation sticker.
No person may use a vessel except a
vessel exempted in § 173.13 that has a
number issued by the Coast Guard unless it has the validation sticker issued

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Coast Guard, DOT

§ 173.57

with the certificate of number displayed within 6 inches of the number.

Subpart C—Casualty and
Accident Reporting
§ 173.51

Applicability.

(a) This subpart applies to each vessel used on waters subject to the jurisdiction of the United States and on the
high seas beyond the territorial seas
for vessels owned in the United States
that:
(1) Is used by its operator for recreational purposes; or
(2) Is required to be numbered under
this part.
(b) This subpart does not apply to a
vessel subject to inspection under Title
46 U.S.C. Chapter 33.
[CDG 72–54R, 37 FR 21399, Oct. 7, 1972, as
amended by CDG 84–099, 52 FR 47533, Dec. 14,
1987]

§ 173.53 Immediate
notification
death or disappearance.

of

(a) When, as a result of an occurrence
that involves a vessel or its equipment,
a person dies or disappears from a vessel, the operator shall, without delay,
by the quickest means available, notify
the nearest reporting authority listed
in Appendix A of this part of:
(1) The date, time, and exact location
of the occurrence;
(2) The name of each person who died
or disappeared;
(3) The number and name of the vessel; and
(4) The names and addresses of the
owner and operator.
(b) When the operator of a vessel cannot give the notice required by paragraph (a) of this section, each person
on board the vessel shall notify the
casualty reporting authority or determine that the notice has been given.
§ 173.55

Report of casualty or accident.

(a) The operator of a vessel shall submit the casualty or accident report
prescribed in § 173.57 to the reporting
authority prescribed in § 173.59 when, as
a result of an occurrence that involves
the vessel or its equipment:
(1) A person dies;
(2) A person is injured and requires
medical treatment beyond first aid;

(3) Damage to the vessel and other
property totals more than $500 or there
is a complete loss of the vessel; or
(4) A person disappears from the vessel under circumstances that indicate
death or injury.
(b) A report required by this section
must be made:
(1) Within 48 hours of the occurrence
if a person dies within 24 hours of the
occurrence;
(2) Within 48 hours of the occurrence
if a person is injured and requires medical treatment beyond first aid, or disappears from a vessel; and
(3) Within 10 days of the occurrence
or death if an earlier report is not required by this paragraph.
(c) When the operator of a vessel cannot submit the casualty or accident report required by paragraph (a) of this
section, the owner shall submit the
casualty or accident report.
[CGD 72–54R, 37 FR 21399, Oct. 7, 1972, as
amended by CGD 76–155, 44 FR 5308, Jan. 25,
1979; CGD 82–015, 54 FR 5610, Feb. 6, 1989]
EFFECTIVE DATE NOTE 1: At 66 FR 21675,
May 1, 2001, § 173.55 was amended by revising
paragraph (a)(3), effective July 2, 2001. For
the convenience of the user, the revised text
follows:
§ 173.55 Report of casualty or accident.
(a) * * *
(3) Damage to vessels and other property
totals $2,000 or more or there is a complete
loss of any vessel; or a collision occurs involving two or more vessels, regardless of
the amount of damage to property; or

*

*

*

*

*

EFFECTIVE DATE NOTE 2: At 66 FR 33845,
June 26, 2001, in § 173.55, paragraph (a)(3), the
text reading ‘‘Damage to vessels and other
property totals $2000 or more or there is a
complete loss of any vessel; or’’ is designated
as paragraph (a)(3)(i), and the remainder of
the paragraph is designated as paragraph
(a)(3)(ii) and suspended indefinitely, effective
July 2, 2001.

§ 173.57 Casualty or accident report.
Each report required by § 173.55 must
be in writing, dated upon completion,
and signed by the person who prepared
it and must contain, if available, at
least the following information about
the casualty or accident:
(a) The numbers and names of each
vessel involved.

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§ 173.59

33 CFR Ch. I (7–1–01 Edition)

(b) The name and address of each
owner of each vessel involved.
(c) The name of the nearest city or
town, the county, the State, and the
body of water.
(d) The time and date the casualty or
accident occurred.
(e) The location on the water.
(f) The visibility, weather, and water
conditions.
(g) The estimated air and water temperatures.
(h) The name, address, age, or date of
birth, telephone number, vessel operating experience, and boating safety
training of the operator making the report.
(i) The name and address of each operator of each vessel involved.
(j) The number of persons on board or
towed on skiis by each vessel.
(k) The name, address, and date of
birth of each person injured or killed.
(l) The cause of each death.
(m) Weather forecasts available to,
and weather reports used by, the operator before and during the use of the
vessel.
(n) The name and address of each
owner of property involved.
(o) The availability and use of personal flotation devices.
(p) The type and amount of each fire
extinguisher used.
(q) The nature and extent of each injury.
(r) A description of all property damage and vessel damage with an estimate of the cost of all repairs.
(s) A description of each equipment
failure that caused or contributed to
the cause of the casualty.
(t) A description of the vessel casualty or accident.
(u) The type of vessel operation
(cruising, drifting, fishing, hunting,
skiing, racing, or other), and the type
of accident (capsizing, sinking, fire, or
explosion or other).
(v) The opinion of the person making
the report as to the cause of the casualty, including whether or not alcohol
or drugs, or both, was a cause or contributed to causing the casualty.
(w) The make, model, type (open,
cabin, house, or other), beam width at
widest point, length, depth from transom to keel, horsepower, propulsion
(outboard, inboard, inboard outdrive,

sail, or other), fuel (gas, diesel, or
other), construction (wood, steel, aluminum, plastic, fiberglass, or other),
and year built (model year), of the reporting operator’s vessel.
(x) The name, address, and telephone
number of each witness.
(y) The manufacturer’s hull identification number, if any, of the reporting operator’s vessel.
(z) The name, address, and telephone
number of the person submitting the
report.
[CGD 72–54R, 37 FR 21399, Oct. 7, 1972, as
amended by CGD 84–099, 52 FR 47533, Dec. 14,
1987]
EFFECTIVE DATE NOTE: At 66 FR 21675, May
1, 2001, § 173.57 was amended by revising the
section heading, effective July 2, 2001. For
the convenience of the user, the revised text
follows:
§ 173.57

§ 173.59

Contents of report.

Where to report.

A report required by § 173.55 must be
submitted to:
(a) The reporting authority listed in
Appendix A of this part where the vessel number was issued, or, if the vessel
has no number, where the vessel is
principally used; or
(b) The reporting authority where
the casualty or accident occurred, if it
occurred outside the State where the
vessel is numbered or principally used.
EFFECTIVE DATE NOTE: At 66 FR 21675, May
1, 2001, § 173.59 was amended by revising the
section heading, effective July 2, 2001. For
the convenience of the user, the revised text
follows:
§ 173.59

Where to submit report.

Subpart D—Issue of Certificate of
Number
§ 173.71 Application for certificate of
number.
Any person who is the owner of a vessel to which § 173.11 applies may apply
for a certificate of number for that vessel by submitting to the issuing authority, listed in Appendix A of this
part, where the vessel will principally
be used:
(a) An application on a form and in a
manner prescribed by the issuing authority; and

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Coast Guard, DOT

§ 173.83

(b) The fee required by the issuing
authority.
§ 173.73 Duplicate certificate of number.
If a certificate of number is lost or
destroyed, the person whose name appears on the certificate as the owner
may apply for a duplicate certificate
by submitting to the issuing authority
that issued the certificate:
(a) An application on a form or in a
manner prescribed by the issuing authority; and
(b) The fee required by the issuing
authority, if any.
§ 173.75

Temporary certificate.

A temporary certificate valid for not
more than 60 days after it is issued
may be issued by an issuing authority
pending the issue of a certificate of
number. A temporary certificate is not
valid after the date that the owner receives the certificate of number from
the issuing authority.
§ 173.77 Validity of certificate of number.
(a) Except as provided in paragraphs
(b), (c), (d), and (e) of this section, a
certificate of number is valid until the
date of expiration prescribed by the
issuing authority.
(b) A certificate of number issued by
an issuing authority is invalid after
the date upon which:
(1) The vessel is documented or required to be documented under Part 67
of Title 46, Code of Federal Regulations;
(2) The person whose name appears
on the certificate of number as owner
of the vessel transfer all of his ownership in the vessel; or
(3) The vessel is destroyed or abandoned.
(c) A certificate of number issued by
an issuing authority is invalid if:
(1) The application for the certificate
of number contains a false or fraudulent statement; or
(2) The fees for the issuance of the
certificate of number are not paid.
(d) A certificate of number is invalid
60 days after the day on which the vessel is no longer principally used in the
State where the certificate was issued.

(e) The certificate of number is invalid when the person whose name appears on the certificate involuntarily
loses his interest in the numbered vessel by legal process.
§ 173.79 Expiration of Coast Guard certificate of number.
A certificate of number issued by the
Coast Guard expires 3 years from the
date it is issued.
§ 173.81 Coast Guard forms for numbering and casualty reporting.
(a) In a State where the Coast Guard
is the issuing authority, the following
Coast Guard forms must be used:
(1) Each application for a certificate
of number or renewal must be made on
two-part Form CG–3876 and 3876A, Application for Number and Temporary
Certificate.
(2) Each notification required by
§ 173.29(b) must be made on Form CG–
2921, Notification of Change in Status
of Vessel.
(3) Each notification required by
§ 173.29(a) must be made on Form CG–
3920, Change of Address Notice.
(4) Each notification required by
§ 173.29(c) must be made in writing.
(5) Each application for a duplicate
certificate of number must be made on
two-part Form CG–3919 and CG–3919A,
Application for Duplicate Certificate of
Number and Temporary Duplicate Certificate.
(6) Each vessel casualty required to
be reported by § 173.55 must be made on
Form CG–3865.
(b) Each surrender of a certificate of
number required by § 173.31 may be
made in any form but must contain a
written statement as to why the certificate is being surrendered.
§ 173.83 Availability of Coast Guard
forms.
In a State where the Coast Guard is
the issuing authority, forms required
by § 173.81 are available at all manned
Coast Guard shore units, except light
and loran stations and except for Form
CG–3865, at all first- and second-class
and some third- and fourth-class post
offices.

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§ 173.85
§ 173.85 Fees
Guard.

33 CFR Ch. I (7–1–01 Edition)
levied

by

the

STATE

Coast

(a) In a State where the Coast Guard
is the issuing authority, the fees for
issuing certificates of number are:
(1) Original or transferred certificate
of number and two validation stickers—$24.
(2) Renewed certificate of number
and two validation stickers—$16.
(3) Duplicate certificate of number—
$9.
(4) Replacement of lost or destroyed
validation stickers—$9.
(b) Fees are payable by check or
money-order made payable to the ‘‘U.S.
Coast Guard’’; by major credit card
(MasterCard or Visa); or, when the
owner applies in person, in cash.
[USCG–1998–3386, 64 FR 36243, July 6, 1999]

[Reserved]
(c) The abbreviations following the names
of the State listed in paragraphs (a) and (b)
are the two capital letters that must be used
in the number format to denote the State of
principal use as prescribed in § 174.23 of this
chapter.
[CGD 72–54R, 37 FR 21399, Oct. 7,
amended by CGD 76–076, 41 FR 23401,
1976; CGD 89–048, 54 FR 27002, June
USCG–2001–9286, 66 FR 33642, June 25,

PART 174—STATE NUMBERING AND
CASUALTY REPORTING SYSTEMS
Subpart A—General
Sec.
174.1
174.3
174.5
174.7

(a) The State is the issuing authority and
reporting authority in:
STATE

Alabama—AL.
Montana—MT.
Alaska—AK.
Nebraska—NB.
American Samoa—
Nevada—NV.
AS.
New Hampshire—NH.
Arizona—AZ.
New Jersey—NJ.
Arkansas—AR.
New Mexico—NM.
California—CF.
New York—NY.
Colorado—CL.
North Carolina—NC.
Connecticut—CT.
North Dakota—ND.
Delaware—DL.
Northern Mariana
District of ColumIslands—CM.
bia—DC.
Ohio—OH.
Florida—FL.
Oklahoma—OK.
Georgia—GA.
Oregon—OR.
Guam—GU.
Pennsylvania—PA.
Hawaii—HA.
Puerto Rico—PR.
Idaho—ID.
Rhode Island—RI.
Illinois—IL.
South Carolina—SC.
Indiana—IN.
South Dakota—SD.
Iowa—IA.
Tennessee—TN.
Kansas—KA.
Texas—TX.
Kentucky—KY.
Utah—UT.
Louisiana—LA.
Vermont—VT.
Maine—ME.
Virginia—VA.
Maryland—MD.
Virgin Islands—VI.
Massachusetts—MS.
Washington—WN.
Michigan—MC.
West Virginia—WV.
Minnesota—MN.
Wisconsin—WS.
Mississippi—MI.
Wyoming—WY.
Missouri—MO.
(b) The Coast Guard is the issuing authority and reporting authority in:

Applicability.
Definitions.
Requirements for approval.
Approval procedure.

Subpart B—Numbering System
Requirements

APPENDIX A TO PART 173—ISSUING AUTHORITIES AND REPORTING AUTHORITIES

1972, as
June 10,
27, 1989;
2001]

174.11 Applicability of State numbering system.
174.13 Owner or operator requirements.
174.14 State numbering system optional sections.
174.15 Validation stickers.
174.17 Contents of application for certificate
of number.
174.19 Contents of a certificate of number.
174.21 Contents of temporary certificate.
174.23 Form of number.
174.25 Size of certificate of number.
174.27 Duration of certificate of number.
174.29 Temporary certificate of number.
174.31 Terms and conditions for vessel numbering.

Subpart C—Casualty Reporting System
Requirements
174.101 Applicability of State casualty reporting system.
174.103 Administration.
174.105 Owner or operator casualty reporting requirements.
174.106 State casualty reporting system optional sections.
174.107 Contents of casualty or accident report form.

Subpart D—State Reports
174.121 Forwarding of casualty or accident
reports.
174.123 Annual report of numbered vessels.
174.125 Coast Guard address.
AUTHORITY: 46 U.S.C. 6101, 12302; 49 CFR
1.46.

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