1625-0032 Stat/Authority

CFR-2011-title46-vol7-sec176-107.pdf

Vessel Inspection Related Forms and Reporting Requirements Under Title 46 U.S. Code

1625-0032 Stat/Authority

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§ 176.100

46 CFR Ch. I (10–1–11 Edition)

AUTHORITY: 33 U.S.C. 1321(j); 46 U.S.C. 2103,
3205, 3306, 3307; 49 U.S.C. App. 1804; E.O. 11735,
38 FR 21243, 3 CFR, 1971–1975 Comp., p. 743;
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; Department of Homeland Security Delegation No. 0170.1.
SOURCE: CGD 85–080, 61 FR 953, Jan. 10, 1996,
unless otherwise noted.

Subpart A—Certificate of
Inspection
§ 176.100 When required.
(a) A vessel to which this subchapter
applies may not be operated without
having on board a valid U.S. Coast
Guard Certificate of Inspection.
(b) Except as noted in § 176.114 of this
part, each vessel inspected and certificated under the provisions of this subchapter must, when any passengers are
aboard during the tenure of the certificate, be in full compliance with the
terms of the certificate.
(c) If necessary to prevent delay of
the vessel, a temporary Certificate of
Inspection may be issued pending the
issuance and delivery of the regular
Certificate of Inspection. The temporary certificate must be carried in
the same manner as the regular certificate and is considered the same as the
regular Certificate of Inspection that it
represents.
(d) A vessel on a foreign voyage between a port in the United States and
a port in a foreign country, whose Certificate of Inspection expires during
the voyage, may lawfully complete the
voyage without a valid Certificate of
Inspection provided the voyage is completed within 30 days of expiration and
the certificate did not expire within 15
days of sailing on the foreign voyage
from a U.S. port.

pmangrum on DSK3VPTVN1PROD with CFR

[CGD 85–080, 61 FR 953, Jan. 10, 1996; 61 FR
20557, May 7, 1996]

§ 176.103 Description.
The Certificate of Inspection issued
to a vessel describes the vessel, the
route(s) that it may travel, the minimum manning requirements, the survival and rescue craft carried, the minimum fire extinguishing equipment
and lifejackets required to be carried,
the maximum number of passengers
and total persons that may be carried,
the number of passengers the vessel

may carry in overnight accommodation spaces, the name of the owner and
managing operator, any equivalencies
accepted or authorized by the Commandant or any Officer in Charge, Marine Inspection (OCMI) in accordance
with § 175.540 or § 175.550 of this chapter,
and such other conditions of operations
as may be determined by the cognizant
OCMI.
§ 176.105

How to obtain or renew.

(a) A Certificate of Inspection is obtained or renewed by making application on Form CG 3752, ‘‘Application for
Inspection of U.S. Vessel,’’ to the Coast
Guard OCMI of the marine inspection
zone in which the inspection is to be
made. Form CG–3752 may be obtained
at any U.S. Coast Guard Sector Office
or Marine Inspection Office.
(b) The application for initial inspection of a vessel being newly constructed or converted must be submitted prior to the start of the construction or conversion.
(c) The construction, arrangement,
and equipment of each vessel must be
acceptable to the cognizant OCMI as a
prerequisite of the issuance of the initial Certificate of Inspection. Acceptance is based on the information, specifications, drawings and calculations
available to the OCMI, and on the successful completion of an initial inspection for certification.
(d) A Certificate of Inspection is renewed by the issuance of a new Certification of Inspection.
(e) The condition of the vessel and its
equipment must be acceptable to the
cognizant OCMI as a prerequisite to
the Certificate of Inspection renewal.
Acceptance is based on the condition of
the vessel as found at the periodic inspection for certification.
[CGD 85–080, 61 FR 953, Jan. 10, 1996; 61 FR
20557, May 7, 1996, as amended by USCG–2006–
25556, 72 FR 36331, July 2, 2007]

§ 176.107 Period of validity for a Certificate of Inspection.
(a) A Certificate of Inspection is
valid for 1 year for vessels carrying
more than 12 passengers on international voyages.
(b) A Certificate of Inspection is
valid for 5 years for all other vessels.

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Coast Guard, DHS

§ 176.113

(c) A Certificate of Inspection may be
suspended and withdrawn or revoked
by the cognizant OCMI at any time for
noncompliance with the requirements
of this subchapter.
[USCG–1999–4976, 65 FR 6508, Feb. 9, 2000]

pmangrum on DSK3VPTVN1PROD with CFR

§ 176.110

(4) The suitability of the vessel for
all environmental conditions.
[CGD 85–080, 61 FR 953, Jan. 10, 1996; 61 FR
20557, May 7, 1996, as amended by USCG–2007–
0030, 75 FR 78087, Dec. 14, 2010]

§ 176.112

Routes permitted.

(a) The area of operation for each
vessel and any necessary operational
limits are determined by the cognizant
OCMI, and recorded on the vessel’s Certificate of Inspection. Each area of operation, referred to as a route, is described on the Certificate of Inspection
under the major headings ‘‘Oceans,’’
‘‘Coastwise,’’ ‘‘Limited Coastwise,’’
‘‘Great Lakes,’’ ‘‘Lakes, Bays, and
Sounds,’’ or ‘‘Rivers,’’ as applicable.
Further limitations imposed or extensions granted are described by reference to bodies of waters, geographical points, distance from geographical points, distances from land,
depths of channel, seasonal limitations, and similar factors.
(b) Operation of a vessel on a route of
lesser severity than those specifically
described or designated on the Certificate of Inspection is permitted unless
expressly prohibited on the Certificate
of Inspection. The general order of severity of routes is: oceans, coastwise,
limited coastwise, Great Lakes, lakes,
bays, and sounds, and rivers. The cognizant OCMI may prohibit a vessel
from operating on a route of lesser severity than the primary route a vessel
is authorized to operate on if local conditions necessitate such a restriction.
(c) Non-self-propelled vessels are prohibited from operating on an oceans,
coastwise, limited coastwise, or Great
Lakes route unless the Commandant
approves such a route.
(d) When designating a permitted
route or imposing any operational limits on a vessel, the OCMI may consider:
(1) Requirements of this subchapter
for which compliance is based on the
route of the vessel;
(2) The performance capabilities of
the vessel based on design, scantlings,
stability,
subdivision,
propulsion,
speed, operating modes, maneuverability, and other characteristics;
(3) The suitability of the vessel for
nighttime operations; and

Total persons permitted.

The cognizant Officer in Charge, Marine Inspection (OCMI) determines the
total number of persons permitted to
be carried on a vessel. In determining
the total number of persons, the OCMI
may consider the total weight of passengers, crew, and variable loads; stability restrictions and subdivision requirements of the vessel; the vessel’s
route, general arrangement, means of
escape, and lifesaving equipment; minimum manning requirements; and the
maximum number of passengers permitted in accordance with § 176.113 of
this part.
[USCG–2007–0030, 75 FR 78087, Dec. 14, 2010]

§ 176.113

Passengers permitted.

(a) The maximum number of passengers permitted must be not more
than that allowed by the requirements
of this section, except as authorized by
the OCMI under paragraph (d) of this
section.
(b) The maximum number of passengers permitted on any vessel may be
the greatest number permitted by the
length of rail criterion, deck area criterion, or fixed seating criterion described in this paragraph or a combination of these criteria as allowed by
paragraph (c) of this section.
(1) Length of rail criterion. One passenger may be permitted for each 760
millimeters (30 inches) of rail space
available to the passengers at the periphery of each deck. The following rail
space may not be used in determining
the maximum number of passengers
permitted:
(i) Rail space in congested areas unsafe for passengers, such as near anchor handling equipment or line handling gear, in the way of sail booms,
running rigging, or paddle wheels, or
along pulpits;
(ii) Rail space on stairways; and
(iii) Rail space where persons standing in the space would block the vision
of the individual operating the vessel.

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