StatA

Coast Guard, DHS

§ 122.280

§ 122.212 Mandatory chemical testing
following serious marine incidents.
A marine employer whose vessel is
involved in a casualty or incident that
is, or is likely to become, a serious marine incident as defined in § 4.03–2 in
subchapter A of this chapter shall comply with the requirements of § 4.06 in
subchapter A of this chapter.
§ 122.220 Records of a voyage resulting
in a marine casualty.
The owner, agent, master, or person
in charge of any vessel involved in a
marine casualty for which a report is
required under § 122.202 shall retain all
voyage records maintained by the vessel, including rough and smooth deck
and engine room logs, bell books, navigation charts, navigation work books,
compass deviation cards, gyrocompass
records, stowage plans, records of
draft, aids to mariners, night order
books, radiograms sent and received,
radio logs, crew and passenger lists and
counts, articles of shipment, official
logs, and other material that 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.

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§ 122.230 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,
the person in charge of such vessel
shall report the accident to the nearest
OCMI. No report on Form CG 2692 is required unless otherwise required under
§ 122.202 of this part.
§ 122.260 Reports of potential vessel
casualty.
(a) An owner, charterer, managing
operator, or agent of a vessel shall immediately notify either of the following Coast Guard offices if there is
reason to believe the vessel is lost or
imperiled:
(1) The Coast Guard district rescue
coordination center (RCC) cognizant

over the area in which the vessel was
last operating; or
(2) The Coast Guard search and rescue authority nearest to where the vessel was last operating.
(b) Reasons for belief that a vessel is
in distress include, but are not limited
to, lack of communication with or nonappearance of the vessel.
(c) The owner, charterer, managing
operator, or agent notifying the Coast
Guard under paragraph (a) of this section, shall provide the name and identification number of the vessel, a description of the vessel, the names or
number of individuals on board, and
other information that may be requested by the Coast Guard.
§ 122.280 Official logbook for foreign
voyages.
(a) Every vessel on a voyage from a
port in the United States to a foreign
port except to a port in Canada, or vice
versa, must have an Official Logbook.
(b) The master shall make or have
made in the Official Logbook the following entries:
(1) Each legal conviction of a seaman
of the vessel and the punishment inflicted;
(2) Each offense committed by a seaman of the vessel for which it is intended to prosecute or to enforce under
a forfeiture, together with statements
about reading the entry and the reply
made to the charge as required by 46
U.S.C. 11502;
(3) A statement of the conduct, character, and qualifications of each seaman of the vessel or a statement that
the master declines to give an opinion
about that conduct, character, and
qualifications;
(4) Each illness of or injury to a seaman of the vessel, the nature of the illness or injury, and the medical treatment;
(5) Each death on board, with the
cause of death, and if a seaman, the following information required by 46
U.S.C. 10702:
(i) The wages due to a seaman who
dies during the voyage and the gross
amount of all deductions to be made
from the wages; and
(ii) The sale of the property of a seaman who dies during the voyage, including a statement of each article

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§ 122.282

46 CFR Ch. I (10–1–11 Edition)

sold and the amount received for the
property.
(6) Each birth on board, with the sex
of the infant and name of the parents;
(7) Each marriage on board, with the
names and ages of the parties;
(8) The name of each seaman who
ceases to be a crew member (except by
death), with the place, time, manner,
and the cause why the seaman ceased
to be a crew member; and
(9) When a marine casualty occurs, a
statement about the casualty and the
circumstances under which it occurred,
made immediately after the casualty
when practicable to do so.
§ 122.282 Logbook for vessels of more
than 19.8 meters (65 feet) in length
with overnight accommodations for
more than 49 passengers.
Except for a vessel required to have
an Official Logbook by § 122.280, the
owner, managing operator, or master
of a vessel of more than 19.8 meters (65
feet) in length with overnight accommodations for more than 49 passengers
shall maintain logs or records in any
form, which will be considered to take
the place of the Official Logbook and
may be used for the purpose of making
entries therein as required by law or
regulations in this subchapter. Such
logs or records shall be kept available
for review by a marine inspector for a
period of one year after the date to
which the records refer.

Subpart C—Miscellaneous
Operating Requirements

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§ 122.304

Navigation underway.

(a) The movement of a vessel shall be
under the direction and control of the
master or a licensed mate at all times.
The master shall operate the vessel
keeping the safety of the passengers
and crew foremost in mind by directing
the vessel in order to prevent a casualty. Special attention should be paid
to:
(1) The current(s) velocity and direction of the transmitting area;
(2) Tidal state;
(3) Prevailing and forecasted visibility and environmental conditions,
including wind and waves;
(4) Density of marine traffic;

(5) Potential damage caused by own
wake;
(6) The danger of each closing visual
or radar contact;
(7) Vessels’s handling characteristics;
and
(8) Magnetic variation and deviation
errors of the compass.
(b) [Reserved]
[CGD 85–080, 61 FR 935, Jan. 10, 1996, as
amended by 62 FR 51352, Sept. 30, 1997;
USCG–2007–0030, 75 FR 78082, Dec. 14, 2010]

§ 122.306 Passengers excluded from operating station.
When practicable the master shall
exclude passengers from the operating
station of a vessel when the passengers
could distract the navigating crew
from their responsibilities, or when
otherwise directed by the cognizant
OCMI.
§ 122.315 Verification of vessel compliance with applicable stability requirements.
(a) After loading and prior to departure, and at all other times necessary
to assure the safety of the vessel, the
master shall determine that the vessel
complies with all applicable stability
requirements in the vessel’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) In order to fulfill the requirements of paragraph (a) of this section
and avoid overloading the vessel, the
master must take into account the
total weight of passengers, crew, and
variable loads.
[ CGD 85–080, 61 FR 935, Jan. 10, 1996, as
amended by USCG–2007–0030, 75 FR 78082,
Dec. 14, 2010]

§ 122.320 Steering gear, controls, and
communication system tests.
The master of a vessel shall have examined and tested the steering gear,
signaling whistle, propulsion controls,
and communication systems of the vessel prior to getting underway for a voyage, except that such examination and
testing need not be conducted more
than once in any 24 hour period.

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