1625-0126 Stat/Authority

CFR-2016-title46-vol4-part106.pdf

Requirements for Vessels that Perform Certain Aquaculture Support Operations

1625-0126 Stat/Authority

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Lhorne on DSK30JT082PROD with CFR

Coast Guard, DHS

§ 106.110

a fire main system that includes a fire
main, hydrants, hoses, and nozzles.
(1) Fire hydrants must be of sufficient number and located such that
any part of the vessel may be reached
with an effective stream of water from
a single length of hose.
(2) All piping, valves, and fittings
must be in accordance with good marine practice and suitable for the purpose intended.
(3) One length of the fire hose must
be attached to each fire hydrant at all
times. The fire hose may be a commercial fire hose or equivalent of not more
than a 11⁄2-inch diameter, or a garden
hose of not less than a 5⁄8-inch nominal
inside diameter. The hose must be in
one piece, not less than 25 feet, and not
more than 50 feet in length. If a 11⁄2inch diameter fire hose is used after
January 1, 1980, each length of hose
must be lined as a commercial fire hose
that conforms to UL 19 (incorporated
by reference; see § 105.3). A hose that
bears a UL label as a lined fire hose is
accepted as conforming to this requirement. The hose must have a combination nozzle approved by the Commandant in accordance with 46 CFR
subpart 162.027. If a garden hose is used,
it must be of a good commercial grade
constructed of an inner rubber tube,
plies of braided cotton reinforcement,
and an outer rubber cover, or of equivalent material, and must be fitted with
a commercial garden hose nozzle of
good-grade bronze or equivalent metal.
All fittings on fire hoses must be of
brass, copper, or other suitable corrosion-resistant metal.

must be used to signal a dockside
transfer operation. For non-dockside
transfer operations, a red flag must be
used to signal the operation; and
(d) During a dockside transfer operation, a placard must be displayed to
warn persons approaching the gangway. The placard must use letters at
least 2 inches high, bear the heading
‘‘Warning,’’ and prohibit open lights,
smoking, or visitors.
(e) The vessel, personnel, and operation are subject to all applicable pollution prevention requirements set
forth in 33 CFR parts 155 and 156.

§ 105.15 Cargo transfer operations.
During a transfer operation involving
bulk liquid flammable or combustible
cargoes—
(a) The operation must comply with
any conditions listed in the vessel’s
certificate of compliance;
(b) The person in charge of the operation must ensure that—
(1) Any galley fire is safely maintained during the operation or immediately extinguished if it cannot be so
maintained; and
(2) No smoking takes place in the vicinity of the operation.
(c) A red flag by day or a red electric
lantern at night, visible on all sides,

§ 106.105 Applicability.
The regulations in this part apply to
a documented vessel with only a registry endorsement or a foreign-flagged
vessel that has been issued an Aquaculture Support Operations Waiver by
the Department of Transportation
(DOT) under 46 U.S.C. 12102(d)(1), for
the purpose of conducting aquaculture
support operations.

PART 106—REQUIREMENTS FOR
NONQUALIFIED VESSELS THAT
PERFORM
CERTAIN
AQUACULTURE SUPPORT OPERATIONS
Sec.
106.100 Purpose.
106.105 Applicability.
106.110 Definitions.
106.115 Notification requirements.
106.120 Operational and geographic requirements.
106.125 Penalties.
AUTHORITY: Sec. 901(c)(2), Pub. L. 111–281,
124 Stat. 2905, Title IX; Department of Homeland Security Delegation No. 0170.1.
SOURCE: 81 FR 63426, Sept. 15, 2016, unless
otherwise noted.
EFFECTIVE DATE NOTE: At 81 FR 63426,
Sept. 15, 2016, Part 106 was added, effective
Oct. 17, 2016.

§ 106.100 Purpose.
The regulations in this part implement 46 U.S.C. 12102(d).

§ 106.110 Definitions.
Aquaculture support operations means
activities that treat aquaculture fish
for or protect aquaculture fish from
disease, parasitic infestation, or other
threats to their health.

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§ 106.115
§ 106.115

46 CFR Ch. I (10–1–16 Edition)
Notification requirements.

Lhorne on DSK30JT082PROD with CFR

(a) Prior to operating in U.S. waters,
a vessel owner, operator, or charterer
that has been issued an Aquaculture
Support Operations Waiver by DOT’s
Maritime Administration (MARAD) to
conduct aquaculture support operations must notify the Coast Guard in
writing of its status. The notification
must include the following information:
(1) The vessel(s) name(s);
(2) The vessel’s official and/or International Maritime Organization number;
(3) The geographic location within
the waters of the United States where
the vessel(s) will conduct treatment
operations;
(4) The period of time during which
the Aquaculture Support Operations
Waiver for the vessel(s) is approved including:
(i) The start date (MM/DD/YYYY);
and
(ii) The expiration date (MM/DD/
YYYY); and
(5) A copy of the MARAD-issued
Aquaculture Support Operations Waiver.
(b) Written notification must be
made to the Commandant (CG–CVC),
ATTN: Office of Commercial Vessel
Compliance, U.S. Coast Guard Stop
7501, 2703 Martin Luther King Jr. Ave-

nue SE., Washington, DC 20593–7501, or
by email to [email protected].
§ 106.120 Operational and geographic
requirements.
(a) Vessels with a MARAD-issued
Aquaculture Support Operations Waiver, issued under 46 U.S.C. 12102(d)(1), for
the purpose of performing aquaculture
support operations are subject to the
following restrictions:
(1) Commercial operations in U.S.
waters other than operations that treat
or protect aquaculture fish are prohibited;
(2) While conducting aquaculture
support operations, vessels will operate
solely within the geographic location(s) identified in the waiver issued
by MARAD; and
(3) Vessels will not conduct aquaculture support operations beyond the
period of time approved in the waiver
issued by MARAD.
(b) Vessels conducting aquaculture
support operations will, at all times,
maintain a copy of the waiver issued
by MARAD on board the vessel as proof
of its eligibility to conduct aquaculture support operations.
§ 106.125 Penalties.
A person who violates any requirement prescribed by the regulations in
this part is subject to penalty under 46
U.S.C. 12151.

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