1625-0084 Stat/Auth

CFR-1996-title46-vol1-part2.pdf

Audit Reports under the International Safety Management Code

1625-0084 Stat/Auth

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§ 1.03–40

46 CFR Ch. I (10–1–96 Edition)

the procedures contained in § 1.03–15 of
this subpart.
(b) Any person directly affected by a
decision or action of a recognized classification society acting as a marine
inspector, as defined in § 30.10–43 of this
chapter, on behalf of the Coast Guard,
prior to initiating a formal appeal,
must request review of that decision or
action by the cognizant OCMI. Following review by the cognizant OCMI, the
decision or action under review may be
appealed to the District Commander, in
accordance with the procedures contained in § 1.03–20 of this subpart.
(c) Any person directly affected by a
decision or action of a recognized classification society acting as a load line
assigning authority, as defined in
§ 42.05–10 of this chapter, may, after requesting reconsideration of the decision or action by the classification society, make a formal appeal, via the
classification society headquarters, to
the Commandant, in accordance with
the procedures contained in § 1.03–15 of
this subpart.

in regard to the documentation of a
vessel under part 67 of this chapter,
may make a formal appeal of that decision or action to the Commandant in
accordance with the procedures contained in §§ 1.03–15 through 1.03–25 of
this subpart.
[CGD 89–007, CGD 89–007a, 58 FR 60265, Nov.
15, 1993]

PART 2—VESSEL INSPECTIONS
Subpart 2.01—Inspecting and Certificating
of Vessels
Sec.
2.01–1 Applications for inspections.
2.01–3 Notification of inspection.
2.01–5 Certificate of inspection.
2.01–6 Certificates issued to foreign vessels.
2.01–7 Classes of vessels (including motorboats) examined or inspected and certificated.
2.01–8 Application of regulations to vessels
or tankships on an international voyage.
2.01–10 Inspection requirements—domestic
vessels.
2.01–13 Inspection
requirements—foreign
vessels.
2.01–15 Vessel repairs.
2.01–20 Revocation of certificates of inspection.
2.01–25 International Convention for Safety
of Life at Sea, 1974.
2.01–40 Passengers or persons in addition to
crew on cargo or tank vessels.
2.01–45 Excursion permit.
2.01–50 Persons other than crew on towing,
oyster, or fishing steam vessels.
2.01–60 Overtime compensation.
2.01–70 Right of appeal.
2.01–80 Vessel inspections in Alaska.

§ 1.03–40 Appeals from decisions or actions of a tonnage measurement authority.
(a) Any person directly affected by a
decision or action of an officer or employee of the Coast Guard, when acting
as a tonnage measurement authority
under § 69.15 of this chapter, may make
a formal appeal of that decision or action to the Commandant, in accordance
with the procedures contained in § 1.03–
15 of this subpart.
(b) Any person directly affected by a
decision or action of an organization
authorized to measure vessels on behalf
of the Coast Guard, as identified in
§ 69.15(a) of this chapter or pursuant to
a delegation of authority under § 69.27
of this chapter, may make a formal appeal of that decision or action, via the
measurement organization, to the
Commandant, in accordance with the
procedures contained in § 1.03–15 of this
subpart.

Subpart 2.10—Fees
2.10–1 Applicability.
2.10–5 Exemptions.
2.10–10 Waivers.
2.10–20 General requirements.
2.10–25 Definitions.
2.10–101 Annual vessel inspection fee.
2.10–105 Prepayment of annual vessel inspection fees.
2.10–115 Changes in vessel service.
2.10–120 Overseas inspection and examination fees.
2.10–125 Fees for examination of foreign
tankships.
2.10–130 Fees for examination of foreign mobile offshore drilling units.
2.10–135 Penalties.

§ 1.03–45 Appeals from decisions or actions involving documentation of
vessels.
Any person directly affected by a decision or action of an officer or employee of the Coast Guard acting on or

Subpart 2.20—Reports and Forms
2.20–1

12

Forms.

Coast Guard, DOT

§ 2.01–1

2.20–40 Chief engineer’s reports.
2.20–50 Repairs or alterations in lifesaving
or fire prevention equipment.

Subpart 2.01—Inspecting and
Certificating of Vessels
§ 2.01–1

Subpart 2.45—Waivers of Navigation and
Vessel Inspection Laws
2.45–1 Authority for and limitations on issuance.
2.45–5 Policy.
2.45–10 Waivers issued.
2.45–15 Specific individual waivers.
2.45–20 General waivers.

Subpart 2.50—Assessment, Mitigation or
Remission of Penalties [Note]—[Reserved]
Subpart 2.75—Approvals of Safety Equipment, Materials and Installations, and
Qualifications for Construction Personnel
2.75–1 Approvals.
2.75–5 Certificates of approval.
2.75–10 Procedures for obtaining approvals.
2.75–15 Requirements and tests.
2.75–25 Portable fire extinguishers.
2.75–40 Suspension of approval.
2.75–50 Withdrawals or terminations of approvals and appeals.
2.75–60 Hazardous ships’ stores.
2.75–70 Welding procedure and performance
qualifications.

Subpart 2.85—Load Lines
2.85–1

Assignment of load lines.

Subpart 2.90—Plans, Drawings or Blueprints
2.90–1

Applications for inspections.

(a) Application forms. (1) Applications
for the inspections of vessels required
to be inspected by the Coast Guard by
46 U.S.C. 362, 363, 367, 390a, 391, 391a, 392,
395, 404, 405, 526, 1333, or 50 U.S.C. 198,
shall be made by the master, owner or
agent on the following Coast Guard
forms which are obtainable from the
Officer in Charge, Marine Inspection,
at any local Marine Inspection Office,
U.S. Coast Guard.
(i) CG–3752—Application for Inspection of U.S. Vessel.
(ii) CG–986—Application for Inspection of Foreign Vessel.
(2) These applications require information on name and type of vessel, nature of employment and route in which
to be operated, and place where and
date when the vessel may be inspected.
(b) To whom submitted. The completed
form must be submitted to the Officer
in Charge, Marine Inspection, in the
Marine Inspection Zone within which
the inspection is to be conducted.
(c) New vessels. Applications for inspection of new vessels must be preceded by the submission of applicable
drawings or prints in accordance with
the specific requirements in subchapters D (Tank Vessels), E (Load
Lines), F (Marine Engineering), H (Passenger Vessels), I (Cargo and Miscellaneous Vessels), J (Electrical Engineering), O (Certain Bulk Dangerous
Cargoes), S (Subdivision and Stability),
and T (Small Passenger Vessels) of this
chapter applicable to that particular
type of vessel or type of service in
which the vessel is proposed to be operated.
(d) Foreign-built vessels. (1) Those foreign-built vessels which are specifically authorized by public or private
laws to engage in the coastwise trade,
and those foreign-built vessels which
are documented to engage in the foreign trade shall be inspected and certificated as required by law and/or the
regulations in this chapter which are

General requirements.

Subpart 2.95—Retention of Records by the
Public
2.95–1 Certificates or documents issued by
Coast Guard.
2.95–5 Certificates or documents issued by
others.
2.95–10 Equipment or material required to
be approved.
AUTHORITY: 33 U.S.C. 1903; 43 U.S.C. 1333; 46
U.S.C. 3306, 3703; E.O. 12334, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46; subpart 2.45 also
issued under the authority of Act Dec. 27,
1950, Ch. 1155, secs. 1, 2, 64 Stat. 1120 (see 46
U.S.C. App. note prec. 1).
SOURCE: CGFR 65–50, 30 FR 16604, Dec. 30,
1965, unless otherwise noted.

13

§ 2.01–3

46 CFR Ch. I (10–1–96 Edition)
Guard forms is issued by the Officer in
Charge, Marine Inspection:
(1) CG–841—Certificate of Inspection.
(2) CG–854—Temporary Certificate of
Inspection.
(3) CG–3753—Certificate of Inspection
(for small passenger vessels).
(4) CG–4678—Barge Certificate of Inspection.
(b) Description of certificates. The certificates of inspection issued to United
States vessels describe the vessel, the
route the vessel may travel, the minimum manning requirements, the safety
equipment and appliances required to
be on board, the total number of persons that may be carried, and the
names of the owners and operators.
The period of validity is stated on the
certificate. The certificate may be renewed by applying for inspection under
§ 2.01–1.
(c) Amending certificates. When because of a change in the character of
the vessel or vessel’s route, equipment,
etc. the vessel does not comply with
the requirements of the Certificate of
Inspection previously issued, a certificate amending such certificate may be
issued at the discretion of the Officer
in Charge, Marine Inspection, to whom
request is made on Coast Guard form
CG–858,
Certificate
of
Inspection
Amendment.

applicable to their class and employment.
(2) Under certain circumstances as
described in law (see 46 U.S.C. 11, 13,
289, 292, 316, 808, 883, or other laws), certain foreign-built vessels are not permitted to engage in the United States
coastwise trade (domestic trade) unless
specifically authorized by law. Therefore, when foreign-built vessels are intended for use in the coastwise trade as
defined by the Bureau of Customs, such
vessels will not be inspected and certificated unless specifically authorized
by law to engage in the coastwise
trade.
[CG FR 65–50, 30 FR 16604, Dec. 30, 1965, as
amended by CGD 79–023, 48 FR 51006, Nov. 4,
1983; CGD 91–030, 60 FR 13563, Mar. 13, 1995]

§ 2.01–3 Notification of inspection.
(a) At least 30 days, but less than 60
days, prior to the expiration of the Certification of Inspection, a vessel’s
owner, charterer, managing operator,
agent, master or individual in charge
shall notify the Coast Guard if the vessel will be required to be reinspected
for certification or will be operated in
such a manner as to not require a Certificate of Inspection.
(b) the notification required by paragraph (a) shall be in writing and shall
be submitted to the Officer in Charge,
Marine Inspection for the Marine Inspection or Marine Safety Office of the
port that:
(1)
Will
be
reinspecting
and
Certificating the Vessel;
(2) Issued the vessel’s current Certificate of Inspection if the vessel’s schedule is such that it is not known where
the next reinspection will take place;
or
(3) Issued the vessel’s current Certificate of Inspection if the vessel will not
be requiring reinspection for the issuance of a Certificate of Inspection.

[CGD 77–014, 44 FR 5316, Jan. 25, 1979]

§ 2.01–6 Certificates issued to foreign
vessels.
(a) Issuance of certificates. Upon completion of an examination of a foreign
vessel, one or more of the following
certificates is issued by the Officer in
Charge, Marine Inspection:
(1) CG–4504—Control Verification for
Foreign Vessel—issued to a foreign vessel that is registered in a country
which is signatory to the International
Convention for the Safety of Life at
Sea, 1974.
(2)(i) CG–2832A—Letter of Compliance—issued to a foreign vessel that is
suitable for carriage of hazardous cargoes in bulk as defined in 46 Code of
Federal Regulations, subchapter 0 and
is in compliance with Tankship Cargo
Venting and Handling Systems and
Minimum Pollution Prevention Regulations and Transfer Procedures (33
CFR parts 155, 156, 157 and 159), and

[CGD 85–015, 51 FR 19340, May 29, 1986]

§ 2.01–5 Certificate of inspection.
(a) Issuance of certificates. Upon completion of the inspection of a United
States vessel, and on condition that
the vessel and its equipment are approved by the inspector, a certificate of
one or more of the following Coast

14

Coast Guard, DOT

§ 2.01–7

Navigation Safety Inspection Regulations (33 CFR part 164).
(ii) Letter of Compliance—issued to
Foreign Mobile Offshore Drilling Units
engaged in Outer Continental Shelf activities under 33 CFR 143.210.
(3) CG–840S–1—Tank Vessel Examination Letter—issued to a foreign vessel
that is suitable for carriage of cargoes
as defined in 46 Code of Federal Regulations, subchapter D and is in compliance with Tankship Cargo Venting and
Handling Systems and Minimum Safety Standards (SOLAS 74—46 CFR part
35), Pollution Prevention Regulations
and Transfer Procedures (33 CFR parts
155, 156, 157 and 159), and Navigation
Safety Regulations (33 CFR part 164).
(4) Foreign vessels of countries which
are nonsignatory to the International
Convention for the Safety of Life at
Sea, 1974, are issued a Temporary Certificate of Inspection (CG–854) and a
Certificate of Inspection (CG–841) as described in § 2.01–5.
(b) Description of Certificates. (1) CG–
4504—Control Verification for Foreign
Vessels—describes the vessel, type of
certificate required by the International Convention for the Safety of
Life at Sea, 1974, country issued by,
and its expiration date. The period of

validity of a control verification for
foreign vessel is stated on the certificate.
(2) CG–2832A—Letter of Compliance—
describe the vessel and the period for
which the letter is valid.
(3) CG–840S–1—Tank Vessel Examination Letter—describe the vessel and if
there are any deficiencies as to applicable regulations at the time the vessel
was examined. If there are deficiencies
they are listed in an attachment to
this letter (CG–840S–2). The Tank Vessel Examination Letter is valid for a
period of 1 year from the date the examination is completed.
(4) Temporary Certificate of Inspection (CG–854) and Certificate of Inspection (CG–841) are amended as provided
for in § 2.01–5(c).
[CGD 77–014, 44 FR 5316, Jan. 25, 1979, as
amended by CGD 90–008, 55 FR 30659, July 26,
1990; CGD 91–030, 60 FR 13563, Mar. 13, 1995]

§ 2.01–7 Classes of vessels (including
motorboats) examined or inspected
and certificated.
(a) The regulations in this chapter
concerning inspecting and certificating
vessels are applicable to vessels (including motorboats) as indicated in the
following Table 2.01–7(a):

15

Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2

Column 3
All vessels carrying
combustible or
flammable liquid
cargo in bulk.

All vessels carrying
combustible or
flammable liquid
cargo in bulk.5

Size or other limitations

Column 2

Vessels not over 65
feet in length.

Vessels over 65 feet
in length.

Column 1

Steam ..........................

Method of propulsion

TABLE 2.01–7(a)

All tugboats and
towboats.

Column 5

Vessels inspected
and certificated
under Subchapter
I—Cargo and Miscellaneous Vessels 2 5

1. All vessels carryAll vessels except
ing more than 12
those covered by
passengers on an
columns 3 and 4.
international voyage, except yachts.
2. All vessels of not
over 15 gross tons
which carry more
than 6 passengers.7
3. All other vessels
carrying passengers,7 except:
a. Yachts.
b. Documented
cargo or tank vessels issued a permit to carry not
more than 16 persons in addition to
the crew.

All vessels carrying
more than 6 passengers.7

Column 4

Vessels inspected
and certificated
under either Subchapter H—Passenger Vessels 2 3 4 5
or Subchapter T—
Small Passenger
Vessels 2 3 4

None ........................

All vessels except
those covered by
columns 3, 4, 5,
and 7.

Column 6

Vessels subject to
provisions of Subchapter C—
Uninspected Vessels 2 3 6 7 8

All vessels engaged
in oceanographic
research.

None ........................

Column 7

Vessels subject to
provisions of Subchapter U—Oceanographic Vessels 2 5 6 7 9

Do.

All vessels carrying
in bulk the cargoes listed in
Table I of Pt. 153
and Table 4 of Pt.
154.

Column 8

Vessels subject to
the provisions of
Subchapter O—Certain Bulk Dangerous
Cargoes 10

Classes of vessels (including motorboats) examined or inspected under various Coast Guard Regulations 1

§ 2.01–7
46 CFR Ch. I (10–1–96 Edition)

16

Motor ............................

All vessels carrying
combustible or
flammable liquid
cargo in bulk.

All vessels carrying
combustible or
flammable liquid
cargo in bulk.5

Vessels not over 15
gross tons.

Vessels over 15
gross tons except
seagoing motor
vessels of 300
gross tons and
over.

Those vessels carrying dangerous cargoes when required by 46 CFR
part 98 or 49 CFR
parts 171–179.

2. All vessels not
over 65 feet in
length which carry
more than 6 passengers.7
3. All other vessels
of over 65 feet in
length carrying
passengers for
hire except documented cargo or
tank vessels issued a permit to
carry not more
than 16 persons in
addition to the
crew.

1. All vessels carryAll vessels carrying
ing more than 12
freight for hire expassengers on an
cept those covinternational voyered by columns 3
age, except yachts.
and 4.

c. Towing and
fishing vessels, in
other than ocean
and coastwise
service, may carry
persons on the legitimate business
of the vessel 5 in
addition to crew,
but not to exceed
one for each net
ton of the vessel.
All vessels carrying
more than 6 passengers.7

All vessels except
those covered by
columns 3, 4, 5,
and 7.

All vessels except
those covered by
columns 3, 4, 5,
and 7.

None ........................

None ........................

Do.

Do.

Coast Guard, DOT
§ 2.01–7

17

All vessels carrying
combustible or
flammable liquid
cargo in bulk.

All vessels carrying
combustible or
flammable liquid
cargo in bulk.5

Seagoing motor vessels of 300 gross
tons and over.

Column 1

Vessels not over 700
gross tons.

Column 3

Column 2

Method of propulsion

Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2

Size or other limitations

Sail ...............................

TABLE 2.01–7(a)—Continued

Column 5

Vessels inspected
and certificated
under Subchapter
I—Cargo and Miscellaneous Vessels 2 5

18
All vessels carrying
more than 6 passengers.7

Those vessels carrying dangerous cargoes when required by 46 CFR
part 98 or 49 CFR
parts 171–179.

1. All vessels carryAll vessels except
ing more than 12
those covered by
passengers on an
columns 3 and 4,
international voyand those enage, except yachts.
gaged in the fishing, oystering,
clamming, crabbing, or any other
branch or the fishery, kelp, or
sponge industry.
2. All other vessels
carrying passengers,7 except:
a. Yachts.
b. Documented
cargo or tank vessels issued a permit to carry not
more than 16 persons in addition to
the crew.

Column 4

Vessels inspected
and certificated
under either Subchapter H—Passenger Vessels 2 3 4 5
or Subchapter T—
Small Passenger
Vessels 2 3 4

None ........................

All vessels except
those covered by
columns 3, 4, 5,
and 7.

Column 6

Vessels subject to
provisions of Subchapter C—
Uninspected Vessels 2 3 6 7 8

None ........................

All vessels engaged
in oceanographic
research.

Column 7

Vessels subject to
provisions of Subchapter U—Oceanographic Vessels 2 5 6 7 9

Do.

Do.

Column 8

Vessels subject to
the provisions of
Subchapter O—Certain Bulk Dangerous
Cargoes 10

Classes of vessels (including motorboats) examined or inspected under various Coast Guard Regulations 1

§ 2.01–7
46 CFR Ch. I (10–1–96 Edition)

All vessels carrying
combustible or
flammable liquid
cargo in bulk.

Vessels 100 gross tons
or over.
All vessels carrying
passengers for
hire.

All vessels carrying
combustible or liquid cargo in bulk.

All vessels carrying
combustible or
flammable liquid
cargo in bulk.

All seagoing barges
except those covered by columns 3
and 4; and those
inland barges carrying dangerous
cargoes when required by 49 CFR
parts 171–179.

All vessels carrying
more than 6 passengers.7

All vessels carrying
passengers for
hire.

All barges carrying
passengers except
those covered by
columns 4 and 7.

Those vessels carrying dangerous cargoes when required by 49 CFR
parts 171–179.

Those vessels carrying dangerous cargoes when required by 46 CFR
part 98 or 49 CFR
parts 171–179.

All seagoing barges
engaged in oceanographic research.

All barges carrying
passengers except
those covered by
column 4.

None ........................

Do.

None ........................

None ........................

All tank barges carrying in bulk the
cargoes listed in
Table 151.05 of
this chapter. 1 11

Do.

1 Where length is used in this table it means the length measured from end to end over the deck, excluding sheer. This expression means a straight line measurement of the overall
length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.
2 Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), and N (Dangerous Cargoes) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171–179 apply whenever hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.
3 Public nautical schoolships, other than vessels of the Navy and Coast Guard, shall meet the requirements of part 167 of subchapter R (Nautical Schools) of this chapter, Civilian nautical
schoolships, as defined by 46 U.S.C. 1331, shall meet the requirements of subchapter H (Passenger Vessels) and part 168 of subchapter R (Nautical Schools) of this chapter.
4 Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this chapter covers only those vessels of less than 100 gross tons.
5 Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of the vessel is not for the carriage of
liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in bulk. The portion of the vessel used for the carriage of the flammable or combustible liquid cargo shall meet the requirements of subchapter D (Tank Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels)
of this chapter.
6 Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974.
7 The meaning of the term passenger is as defined in the Act of May 10, 1956 (Sec. 1, 70 Stat. 151; 46 U.S.C. 390). On oceanographic vessels scientific personnel on board shall not be
deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., shall be counted as persons.
8 Boilers and machinery are subject to examination on vessels over 40 feet in length.
9 Under 46 U.S.C. 441 an oceanographic research vessel is a vessel ‘‘* * * being employed exclusively in instruction in oceanography or linmology, or both, or exclusively in oceanographic research, * * *.’’ Under 46 U.S.C. 443, ‘‘an oceanographic research vessel shall not be deemed to be engaged in trade or commerce.’’ If or when an oceanographic vessel engages
in trade or commerce, such vessel cannot operate under its certificate of inspection as an oceanographic vessel, but shall be inspected and certificated for the service in which engaged,
and the scientific personnel aboard then become persons employed in the business of the vessel.
10 Bulk dangerous cargoes are cargoes specified in table 151.01–10(b), in table I of part 153, and in table 4 of part 154 of this chapter.
11 For manned tank barges see § 151.01–10(e) of this chapter.

Vessels less than
100 gross tons.

Non-self-propelled .......

Vessels over 700
gross tons.

Coast Guard, DOT
§ 2.01–7

19

§ 2.01–8

46 CFR Ch. I (10–1–96 Edition)

(b) The specific application of regulations
concerning
inspecting
and
certificating vessels is set forth in the
specific subchapter governing a particular class of vessels.
(1) For passenger vessels see part 70
of subchapter H (Passenger Vessels) of
this chapter.
(2) For cargo and miscellaneous vessels see part 90 of subchapter I (Cargo
and Miscellaneous Vessels) of this
chapter.
(3) For tank vessels see part 30 of
subchapter D (Tank Vessels) of this
chapter.
(4) For small passenger vessels see
part 175 of subchapter T (Small Passenger Vessels) of this chapter.
(5) For uninspected vessels see part 24
of subchapter C (Uninspected Vessels)
of this chapter.
(6) For vessels carrying certain bulk
dangerous cargoes see subchapter O of
this chapter.

§ 2.01–10 Inspection requirements—domestic vessels.
(a) If during the inspection of a vessel
made at the request of the master,
owner, or agent, the vessel or her
equipment is found not to conform to
the requirements of law or regulations
in this chapter, the requirements
which must be met will be listed on
Form CG–835, Notice of Merchant Marine Inspection Requirements, and
given to the master of the vessel.
(b) The Coast Guard on its own initiative may examine or inspect or reinspect at any time any vessel subject to
title 52 of the Revised Statutes (R.S.
4399–4500; 46 U.S.C. 170, 214–240, 361–498),
and acts amendatory thereof or supplemental thereto. If during such examination, inspection, or reinspection,
any failure to comply with any applicable requirement of law and/or applicable regulations in this chapter, or any
defects or imperfections become apparent tending to render the navigation of
the vessel unsafe, or that repairs have
become necessary, the Coast Guard will
so notify the master and state what is
required.

[CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as
amended by CGFR 67–83, 33 FR 1102, Jan. 27,
1968; CGFR 70–10, 35 FR 3706, Feb. 25, 1970;
CGD 73–96, 42 FR 49022, Sept. 26, 1977; CGD 86–
033, 53 FR 36023, Sept. 16, 1988; 53 FR 46871,
Nov. 21, 1988; CGD 90–008, 55 FR 30659, July 26,
1990]

§ 2.01–13 Inspection
requirements—
foreign vessels.
(a) Foreign vessels registered in
countries which are parties to the effective International Convention for
Safety of Life at Sea are normally subject to the examination provided for in
Chapter I of that Convention. However,
in the case of any vessel involving
novel features of design or construction, upon which that Convention is silent or which involve potential unusual
operating risks, a more extensive inspection may be required when considered necessary to safeguard the life or
property in United States ports where
such vessel may enter. In such a case,
pertinent plans and/or calculations
may be required to be submitted sufficiently in advance to permit evaluation before inspection.
(b) Foreign vessels registered in
countries which are not parties to the
effective International Convention for
Safety of Life at Sea, or foreign vessels
registered in countries which are parties to the effective Convention but
which vessels are exempted from part
or all of the Convention, may under

§ 2.01–8 Application of regulations to
vessels or tankships on an international voyage.
(a) Where, in various places or portions in this chapter, requirements are
stipulated specifically for vessels on an
international voyage or tankships on an
international voyage, it is intended that
these requirements apply only to vessels or tankships, as applicable, which
are subject to the International Convention for Safety of Life at Sea, 1974.
(b) For details regarding application
of Convention requirements to tankships, see § 30.01–6 of this chapter; to
passenger vessels, see § 70.05–10 of this
chapter; to cargo ships other than
tankships, see § 90.05–10 of this chapter;
and to small passenger vessels, see
§ 176.35–1 of this chapter. (E.O. 11239, 30
FR 9671, 3 CFR, 1965 Supp.).
[CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as
amended by CGD 90–008, 55 FR 30659, July 26,
1990]

20

Coast Guard, DOT

§ 2.01–15
(8) For repairs to boilers, pressure
vessels, and appurtenances, see part 59
of subchapter F (Marine Engineering)
of this chapter.
(9) For repairs to electrical installations or equipment, see §§ 111.05–5(e),
111.05–10(e), and 111.90–5 of subchapter J
(Electrical Engineering) of this chapter.
(10) For vessels carrying compressed
gases regulated by subchapter O (Certain Bulk Dangerous Cargoes), see
§ 151.50 30(c) of this chapter.
(11) For repairs to a vessel that affects its subdivision or stability, see
§ 170.005 of this chapter.
(b) If repairs to a vessel are necessary, such a vessel may be permitted
to proceed to another port for repairs,
if in the opinion of the marine inspector it can be done with safety. The permit is granted by the Officer in Charge,
Marine Inspection, upon request in
writing by the master or owner of the
vessel and is issued on Coast Guard
Form CG–948, Permit to Proceed to Another Port for Repairs. The requirements for such permits are set forth in
the subchapter governing a particular
class of vessels as follows:
(1) For passenger vessels that are 100
gross tons or more, see subpart 71.05 of
subchapter H (Passenger Vessels) of
this chapter.
(2) For small passenger vessels under
100 gross tons, see § 176.01–27 of subchapter T (Small Passenger Vessels) of
this chapter.
(3) For cargo and miscellaneous vessels, see subpart 91.05 of subchapter I
(Cargo and Miscellaneous Vessels) of
this chapter.
(4) For tank vessels, see § 31.10–35 of
subchapter D (Tank Vessels) of this
chapter.
(5) For public nautical schoolships,
see § 167.30–5 of subchapter R (Nautical
Schools) of this chapter.
(6) For oceanographic vessels, see
subpart 189.05 of subchapter U (Oceanographic Vessels) of this chapter.

conditions specified in applicable inspection laws be subject to inspection
and certification as specified in regulations governing specific categories of
vessels.
(c) For details concerning application
of regulations to foreign vessels, see
part 30 (Tank Vessels), part 70 (Passenger Vessels), part 90 (Cargo and Miscellaneous Vessels), § 146.02–2 (Dangerous Cargoes), part 148 (Bulk Solid
Hazardous Materials), parts 153 and 154
(Certain Bulk Dangerous Cargoes), and
part 175 (Small Passenger Vessels) of
this chapter.
[CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as
amended by CGD 73–96, 42 FR 49022, Sept. 26,
1977]

§ 2.01–15 Vessel repairs.
(a) No repairs or alterations affecting
the safety of a vessel or her machinery
shall be made unless applicable requirements in this chapter are met.
The procedures to be followed in notifying the Coast Guard about vessel repairs vary according to the type of vessel and service in which engaged. The
requirements are set forth in the subchapter governing a particular class of
vessels or in a subchapter governing a
particular subject as follows:
(1) For passenger vessels that are 100
gross tons or more, see §§ 71.55–1 and
71.60–1 of subchapter H (Passenger Vessels) of this chapter.
(2) For small passenger vessels under
100 gross tons, see § 176.20–1 of subchapter T (Small Passenger Vessels) of
this chapter.
(3) For cargo and miscellaneous vessels, see §§ 91.45–1 and 91.50–1 of subchapter I (Cargo and Miscellaneous
Vessels) of this chapter.
(4) For tank vessels, see §§ 31.10–25
and 35.01–1 of subchapter D (Tank Vessels) of this chapter.
(5) For public nautical schoolships,
see §§ 167.30–1 and 167.30–10 of subchapter R (Nautical Schools) of this
chapter.
(6) For oceanographic vessels, see
§§ 189.45–1 and 189.50–1 of subchapter U
(Oceanographic Vessels) of this chapter.
(7) For repairs to a vessel after it has
been surveyed, see § 42.09–50 of subchapter E (Load Lines) of this chapter.

[CGFR 68–126, 34 FR 9010, June 5, 1969, as
amended by CGD 73–96, 42 FR 49023, Sept. 26,
1977; CGD 79–023, 48 FR 51006, Nov. 4, 1983]

21

§ 2.01–20

46 CFR Ch. I (10–1–96 Edition)
(3) When authorized by the Commandant, U.S. Coast Guard, the American Bureau of Shipping may issue to
cargo and tankships which it classes
the Cargo Ship Safety Construction
Certificate.
(4) The Federal Communications
Commission will issue the following
certificates:
(i) Cargo Ship Safety Radiotelephony
Certificate.
(ii) Cargo Ship Radiotelegraphy Certificate.
(iii) Exemption Certificate.
(b) Applications. (1) The application
for inspection and issuance of a certificate or certificates is made on the appropriate form listed in § 2.01–1, or by
letter, to the Officer in Charge, Marine
Inspection, in or nearest the port at
which the inspection is to be made and
shall be signed by the master or agent
of the vessel. The certificates previously issued are surrendered at the
time the inspection is performed. Further details are set forth in subchapter
D (Tank Vessels), subchapter H (Passenger Vessels), subchapter I (Cargo
and Miscellaneous Vessels), subchapter
O (Certain Bulk Dangerous Cargoes),
and subchapter T (Small Passenger
Vessels), of this chapter.
(2) The application for the inspection
of a vessel other than a passenger vessel concerning the issuance of a Cargo
Ship Safety Radiotelephony Certificate
or a Cargo Ship Safety Radiotelegraphy Certificate is made by formal application on FCC Form 801 to
the local office of the Federal Communications Commission.
(c) Certificates issued. (1) If a vessel
meets the applicable requirements of
the Convention, it shall be issued appropriate certificates listed in paragraph (a) of this section. These certificates describe the vessel and state the
vessel is in compliance with the applicable requirements of the Convention.
(2) A Convention certificate may be
withdrawn, revoked or suspended at
any time when it is determined the
vessel is no longer in compliance with
applicable requirements. (See § 2.01–70
for appeal procedures.)
(d) CG–969—Notice of Receipt of Application for Passenger Ship Safety Certificate. (1) The Passenger Ship Safety Certificate is issued by the Commandant

§ 2.01–20 Revocation of certificates of
inspection.
(a) Under the authority of 46 U.S.C.
391, 391a, or 435 the certificates of inspection referred to in § 2.01–5 may be
revoked if the vessel is found at a reinspection not to comply with the terms
of the vessel’s certificate of inspection.
(b) Under the authority of 46 U.S.C.
390c(c) the certificates of inspection referred to in § 2.01–5 for a small passenger vessel may be revoked or suspended if such a vessel is found not to
comply with the terms of the vessel’s
certificate of inspection when carrying
more than 6 passengers.
§ 2.01–25 International Convention for
Safety of Life at Sea, 1974.
(a) Certificates required. (1) The International Convention for Safety of Life
at Sea, 1974, requires one or more of
the following certificates to be carried
on board certain passenger, cargo or
tankships engaged in international
voyages:
(i) Passenger Ship Safety Certificate.
(ii) Cargo Ship Safety Construction
Certificate.
(iii) Cargo Ship Safety Equipment
Certificate.
(iv)
Cargo
Ship
Safety
Radiotelephony Certificate.
(v) Cargo Ship Radiotelegraphy Certificate.
(vi) Exemption Certificate.
(vii) Nuclear Passenger Ship Safety
Certificate.
(viii) Nuclear Cargo Ship Safety Certificate.
(2) The U.S. Coast Guard will issue
through the Officer in Charge, Marine
Inspection, the following certificates
after performing an inspection of the
vessel and determining the vessel
meets applicable requirements:
(i) Passenger Ship Safety Certificate.
(ii) Cargo Ship Safety Construction
Certificate except when issued to cargo
ships by American Bureau of Shipping
at the option of the owner or agent.
(iii) Cargo Ship Safety Equipment
Certificate.
(iv) Exemption Certificate.
(v) Nuclear Passenger Ship Safety
Certificate.
(vi) Nuclear Cargo Ship Safety Certificate.

22

Coast Guard, DOT

§ 2.01–50

after determining all applicable requirements of the Convention have
been met. In the event the completion
of the certification of any passenger
vessel cannot be effected prior to the
sailing of the passenger ship on a foreign voyage, or in any case where the
Passenger Ship Safety Certificate is
not received from the Commandant before the ship sails on a foreign voyage,
the Officer in Charge, Marine Inspection, will issue a completed Form CG–
969, describing the passenger ship and
certifying that an application for a
Passenger Ship Safety Certificate is
being processed, and that in his opinion
the vessel meets applicable requirements of the Convention administered
by the Coast Guard.
(2) The completed Form CG–969 may
be exhibited in explanation of the failure of the passenger ship to have on
board a current Passenger Ship Safety
Certificate. This completed form CG–
969 may be accepted as prima facie evidence that the passenger ship described
therein is in compliance with the applicable requirements of the Convention.
(e) Exempted vessel. (1) A vessel may
be exempted by the Commandant from
complying with certain requirements
of the Convention under his administration upon request made in writing
to him and transmitted via the Officer
in Charge, Marine Inspection. In such
case the exemptions are stated in the
Exemption Certificate, which is issued
by the Commandant through the appropriate Officer in Charge, Marine Inspection.
(2) The Exemption Certificate which
modifies the Cargo Ship Safety
Radiotelephony Certificate or the
Cargo Ship Safety Radiotelegraphy
Certificate is issued by the Federal
Communications Commission.
(f) Posting certificates. The Convention
certificates issued to a vessel shall be
posted in a prominent and accessible
place on the vessel in a manner similar
to that for certificates of inspection.
(g) Foreign flag vessels. At the request
of the government of a country in
which is registered a vessel engaged in
an international voyage, such a vessel
may be issued the applicable certificate or certificates listed in paragraph
(a) of this section. The certificate will
be issued only after inspection has been

made by the issuing agency, providing
the vessel is found to comply with the
requirements of the Convention.
[CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as
amended by CGD 73–96, 42 FR 49023, Sept. 16,
1977; CGD 90–008, 55 FR 30659, July 26, 1990]

§ 2.01–40 Passengers or persons in addition to crew on cargo or tank vessels.
(a) Under authority of 46 U.S.C. 882 a
cargo vessel or a tank vessel documented under the laws of the United
States and subject to inspection under
applicable regulations in subchapter D
(Tank Vessels) or subchapter I (Cargo
and Miscellaneous Vessels) of this
chapter may be allowed by its certificate of inspection to carry not to exceed 16 persons in addition to the crew:
Provided, That such vessel subject to
the applicable provisions of the effective International Convention for Safety of Life at Sea may carry not to exceed 12 persons in addition to the crew.
(b) The application for permission to
carry persons in addition to the crew
may be included in the application described in § 2.01–1. If granted it is endorsed on the certificate of inspection.
§ 2.01–45 Excursion permit.
(a) Under authority of 46 U.S.C. 453 a
passenger vessel may be permitted to
engage in excursions and carry additional numbers of passengers. For details see part 71 of subchapter H (Passenger Vessels) of this chapter.
(b) The application for an excursion
permit is made by the master, owner,
or agent of the vessel to the Officer in
Charge, Marine Inspection, on Coast
Guard Form CG–950, Application for
Excursion Permit. If, after inspection,
permission is granted, it is given on
Coast Guard Form CG–949, Permission
to Carry Excursion Party. The permit
describes the vessel, the route over
which and the period during which the
excursions may be made, and the safety equipment required for the additional persons indicated.
§ 2.01–50 Persons other than crew on
towing, oyster, or fishing steam vessels.
(a) Under authority of 46 U.S.C. 458 a
steam vessel engaged in towing, oyster
dredging and planting, and fishing may

23

§ 2.01–60

46 CFR Ch. I (10–1–96 Edition)
Great Lakes, for the purpose of administering the vessel inspection laws and
applicable regulations in this chapter.

be permitted to carry persons in addition to its crew.
(b) The application for a permit to
carry such persons may be included in
the application described in § 2.01–1. If
granted it is endorsed on the certificate of inspection.

Subpart 2.10—Fees
SOURCE: At 60 FR 13563, Mar. 13, 1995, unless otherwise noted.

§ 2.01–60 Overtime compensation.

§ 2.10–1 Applicability.
(a) This subpart establishes vessel inspection fees for all vessels required to
have a Certificate of Inspection and
vessel examination fees for all foreign
vessels required to have either a Letter
of Compliance or a Tank Vessel Examination Letter.
(b) The fees in this subpart do not
apply to:
(1) Vessels being inspected for the
initial issuance of a Certificate of Inspection;
(2) Foreign passenger vessels;
(3) Training vessels operated by State
maritime academies; and
(4) Public vessels of the United
States, except for Maritime Administration vessels.

(a) General. Extra compensations for
overtime services performed by inspectors of vessels and their assistants,
shipping commissioners and their deputies and assistants who may be required to remain on duty between the
hours of 5:00 p.m. and 8:00 a.m. or on
Sundays or holidays to perform services in connection with the inspection
of vessels or their equipment, supplying or signing on or discharging crews
of vessels is authorized by 46 U.S.C.
382b and regulations in part 143 of this
chapter, together with the method of
computing such extra compensation.
(b) Application and certification of
time. Application for the performance
of such overtime services and certification of services performed is made by
the master, owner, or agent of a vessel
to the Officer in Charge, Marine Inspection, on Form CG–830, Application
for and Certificate of Overtime Service.
(c) Collection. The bill for the collection of the overtime compensation is
submitted by the Officer in Charge,
Marine Inspection to the master,
owner, or agent on whose vessel overtime services are performed on Form
CG–832, Bill for Collection Overtime
Services. Payment is made to the Collector of Customs of the port designated.

§ 2.10–5 Exemptions.
(a) Vessels owned or operated by an
organization which is charitable in nature, not for profit, and youth-oriented
may be exempted from the fees required by this subpart provided that
the vessels are used exclusively for
training youths in boating, seamanship, and navigation skills.
(b) Vessel owners or operators must
submit a written request for exemption
to the Officer in Charge, Marine Inspection of the Marine Inspection Zone
in which the vessel normally operates.
The exemption request must provide
the vessel name, the vessel identification number, and evidence that the organization and the vessel meet the criteria set forth in paragraph (a) of this
section.

§ 2.01–70 Right of appeal.
Any person directly affected by a decision or action taken under this part,
by or on behalf of the Coast Guard,
may appeal therefrom in accordance
with subpart 1.03 of this chapter.

§ 2.10–10 Waivers.
The Commandant (G–MRP) will
waive collection of vessel inspection
fees in this subpart for a Federallyowned or operated vessel if the fee
would be directly paid by an agency
acting as the vessel owner using Federal appropriated funds. By October 1
of each year, Federal agencies shall

[CGD 88–033, 54 FR 50379, Dec. 6, 1989]

§ 2.01–80 Vessel inspections in Alaska.
(a) The waters of southeastern Alaska inside of the general trend of the
shore from Cape Spencer, southeasterly
to Cape Muzon, and thence easterly to
Sitklan Island, shall be considered as
bays, sounds, and lakes other than the

24

Coast Guard, DOT

§ 2.10–25

provide Commandant (G–MRP) with a
list of the names and vessel identification numbers of vessels for which a fee
waiver is requested.

cludes such vessels as dredges, cable
layers, derrick barges, and construction and wrecking barges, but does not
include vessels which carry passengers
or freight for hire, OSVs, oceanographic research vessels, or vessels engaged in the fisheries.
Liquefied gas tankship means a selfpropelled vessel equipped with cargo
tanks primarily designed to carry liquefied or compressed gases in bulk.
Mobile offshore drilling unit (MODU)
means a vessel capable of engaging in
drilling operations for the exploration
or exploitation of subsea resources that
is: seagoing and 300 or more gross tons
and self-propelled by machinery; Seagoing and 100 or more gross tons and
non-self-propelled; or more than 65 feet
in length and propelled by steam.
Nautical school vessel means a vessel
operated by or in connection with a
nautical school or an educational institution under section 13 of the Coast
Guard Authorization Act of 1986, Public Law 99–640.
Oceanographic research vessel means a
vessel that is being employed only in
instruction in oceanography or limnology, or both, or only in oceanographic
or limnological research, including
those studies about the sea such as
seismic, gravity meter, and magnetic
exploration and other marine geophysical or geological surveys, atmospheric research, and biological research.
Offshore supply vessel means a motor
vessel that is of at least 15 gross tons
and less than 500 gross tons, and that
regularly carries goods, supplies, individuals in addition to the crew, and
equipment in support of exploration,
exploitation, or production of offshore
mineral or energy resources.
Passenger barge means a non-self-propelled passenger vessel, including a
prison barge or a barge which carries
occupied recreational vehicles.
Passenger ship means a self-propelled
passenger vessel.
Passenger vessel means a vessel of at
least 100 gross tons:
(1) Carrying more than 12 passengers,
including at least one passenger for
hire;
(2) That is chartered and carrying
more than 12 passengers; or

[CGD 91–030, 60 FR 13563, Mar. 13, 1995, as
amended by CGD 95–072, 60 FR 50459, Sept. 29,
1995; CGD 96–041, 61 FR 50725, Sept. 27, 1996]

§ 2.10–20 General requirements.
(a) Unless otherwise specified, vessel
owners must pay the fees required by
this subpart before inspection or examination services are provided.
(b) Fees required by this subpart
must be paid in U.S. currency by check
or money order, drawn on a U.S. bank,
and made payable to the U.S. Treasury.
(c) All payments must be accompanied by the vessel name and its vessel identification number.
(d) Unless otherwise specified, fees
required by this subpart must be
mailed to the following address: USCG
Inspection Fees, PO Box 105663, Atlanta, GA 30348–5663.
(e) For purposes of this subpart, the
address for Commandant (G–MRP) is:
Commandant (G–MRP), United States
Coast Guard, 2100 Second Street S.W.,
Washington, DC 20593–0001.
(f) Information concerning a vessel’s
user fee anniversary date may be obtained from any Coast Guard Marine
Safety or Marine Inspection Office.
[CGD 91–030, 60 FR 13563, Mar. 13, 1995, as
amended by CGD 95–072, 60 FR 50459, Sept. 29,
1995; CGD 96–041, 61 FR 50725, Sept. 27, 1996]

§ 2.10–25 Definitions.
The following definitions apply to
this subpart:
Drill ship MODU means a mobile offshore drilling unit with a ship shape
displacement hull intended for operation in the floating condition.
Freight barge means a non-self-propelled vessel carrying freight for hire.
Freight ship means a self-propelled
freight vessel.
Freight vessel means a motor vessel of
more than 15 gross tons that carries
freight for hire, except an oceanographic research vessel or an offshore
supply vessel.
Industrial vessel means a vessel which,
by reason of its special outfit, purpose,
design, or function engages in certain
industrial ventures. For the purposes
of this subpart, this classification in-

25

§ 2.10–101

46 CFR Ch. I (10–1–96 Edition)

(3) That is a submersible vessel carrying at least one passenger for hire.
Sailing school vessel means a vessel of
less than 500 gross tons, carrying more
than 6 individuals who are sailing
school instructors or sailing school
students, principally equipped for propulsion by sail even if the vessel has an
auxiliary means of propulsion, and
owned or demise chartered and operated by a qualified organization during
such times as the vessel is operated exclusively for the purposes of sailing instruction.
Sea-going towing vessel means a seagoing commercial vessel engaged in or
intending to engage in the service of
pulling, pushing or hauling alongside,
or any combination of pulling, pushing
or hauling alongside.
Self-elevating MODU means a mobile
offshore drilling unit with movable
legs capable of raising its hull above
the surface of the sea.
Semi-submersible MODU means a mobile offshore drilling unit with the
main deck connected to an underwater
hull by columns or caissons, that is intended for drilling operations in the
floating condition.
Small passenger vessel means a vessel
of less than 100 gross tons:
(1) Carrying more than 6 passengers,
including at least one passenger for
hire;
(2) That is chartered with the crew
provided or specified by the owner or
the owner’s representative and carrying more than 6 passengers;
(3) That is chartered with no crew
provided or specified by the owner or
the owner’s representative and carrying more than 12 passengers; or
(4) That is a submersible vessel carrying at least one passenger for hire.
Submersible MODU means a mobile
offshore drilling unit intended for drilling operations in the bottom-bearing
condition, having the main deck connected to an underwater hull or pontoons by way of columns or caissons.
Submersible vessel means a vessel that
is capable of operating below the surface of the water.
Tank barge means any tank vessel
not equipped with means of propulsion.
Tank vessel means a vessel that is
constructed or adapted to carry, or

that carries, oil or hazardous material
in bulk as cargo or cargo residue.
Tankship means any tank vessel propelled by power or sail, including an integrated tug and barge designed to operate together only in the pushing
mode.
User fee anniversary date means the
date on which a vessel’s annual inspection fee is due each year. Once established by the Coast Guard, a vessel’s
user fee anniversary date remains fixed
for as long as the vessel remains in
service.
Vessel identification number (VIN)
means a U.S. official number, a number
assigned by a State, a number assigned
by the Coast Guard, or a Lloyd’s Register of Shipping identification number
issued to a U.S. or foreign commercial
vessel for purposes of vessel identification. For U.S. vessels, VIN means the
number listed on the Certificate of Inspection. For foreign vessels, VIN
means either the Lloyd’s Register of
Shipping identification number or the
number assigned by the Coast Guard.
§ 2.10–101 Annual vessel inspection
fee.
(a)(1) Unless otherwise provided by
this subpart, each vessel required to
have a Certificate of Inspection is subject to the annual vessel inspection fee
listed in Table 2.10–101 for its vessel
category.
(2) A vessel certificated for more
than one service must pay only the
higher of the two applicable fees in
Table 2.10–101 of this section.
(b) The vessel owner or operator
must pay the annual vessel inspection
fee each year on or before the vessel’s
user fee anniversary date, unless the
fee has been prepaid under § 2.10–103 of
this subpart.
(c) Payment of the annual vessel inspection fee entitles a vessel to all inspection services related to compliance
with its Certificate of Inspection, including but not limited to the inspection for renewal of the Certificate of
Inspection, reinspections (midperiod
inspections), hull (drydock) inspections, deficiency inspections, damage
surveys, repair and modification inspections, change in vessel service inspections, permit to proceed inspections, drydock extension inspections,

26

Coast Guard, DOT

§ 2.10–101

and all inspections required for the issuance of international certificates.
(d) Entitlement to inspection services for the current year remains with

the vessel if it is sold. The entitlement
to inspection services may not be
transferred to any other vessel.

27

§ 2.10–101

46 CFR Ch. I (10–1–96 Edition)

TABLE 2.10–101.—ANNUAL VESSEL INSPECTION FEES FOR U.S. AND FOREIGN VESSELS REQUIRING
A CERTIFICATE OF INSPECTION
Any inspected vessel not listed in this table .............................................................
Freight Barges:
Length not greater than 150 feet .......................................................................
More than 150 feet but not more than 300 feet ................................................
More than 300 feet .............................................................................................
Freight Ships:
Length not greater than 100 feet .......................................................................
More than 100 feet but no more than 300 feet .................................................
More than 300 feet .............................................................................................
Industrial Vessels:
Length not greater than 200 feet .......................................................................
More than 200 feet .............................................................................................
Mobile Offshore Drilling Units (MODUs):
Drill ship MODUs ................................................................................................
Submersible MODUs ..........................................................................................
Self-elevating MODUs ........................................................................................
Semi-submersible MODUs .................................................................................
Nautical School Vessels:
Length not greater than 100 feet .......................................................................
More than 100 feet but not more than 200 feet ................................................
More than 200 feet .............................................................................................
Oceanographic Research Vessels:
Length not greater than 170 feet .......................................................................
More than 170 feet but not more than 240 feet ................................................
More than 240 feet .............................................................................................
Offshore Supply Vessels:
Length not greater than 140 feet .......................................................................
More than 140 feet .............................................................................................
Offshore Supply Vessels: Alternate Reinspection Program *:
Length not greater than 140 feet .......................................................................
More than 140 feet .............................................................................................
Passenger Barges:
Less than 100 gross tons and:
Certified for fewer than 150 passengers ....................................................
Certified for 150 or more passengers .........................................................
100 gross tons or more and:
Certified for fewer than 150 passengers ....................................................
Certified for 150 or more passengers .........................................................
Passenger Ships:
Length not greater than 250 feet:
Certified for fewer than 150 passengers ....................................................
Certified for 150 or more passengers .........................................................
More than 250 feet but not more than 350 feet ................................................
More than 350 feet but not more than 450 feet ................................................
More than 450 feet .............................................................................................
Sailing School Vessels:
Length not greater than 30 feet .........................................................................
More than 30 feet but not more than 65 feet ....................................................
More than 65 feet ...............................................................................................
Sea-going Towing Vessels ........................................................................................
Small Passenger Vessels:
DUKW vessels ...................................................................................................
Hydrojet boats ....................................................................................................
All other small passenger vessels:
Length not greater than 30 feet ..................................................................
More than 30 feet but not more than 54 feet .............................................

28

$1,030
495
610
955
1,425
1,870
5,410
1,435
2,550
6,710
4,695
4,695
8,050
835
1,450
7,205
840
1,980
3,610
1,135
1,470
940
1,260
825
1,110
2,215
2,525
3,600
4,050
5,330
6,835
14,650
530
560
980
2,915
450
470
545
670

Coast Guard, DOT

§ 2.10–115

TABLE 2.10–101.—ANNUAL VESSEL INSPECTION FEES FOR U.S. AND FOREIGN VESSELS REQUIRING
A CERTIFICATE OF INSPECTION—Continued
More than 54 feet but not more than 65 feet .............................................
More than 65 feet but not more than 130 feet ...........................................
More than 130 feet but not more than 160 feet:.
Certified for fewer than 150 passengers .............................................
Certified for 150 or more passengers ..................................................
More than 160 feet ......................................................................................
Tank Barges ..............................................................................................................
Tankships:
Length not greater than 100 feet .......................................................................
More than 100 feet but not more than 300 feet ................................................
More than 300 feet .............................................................................................
Liquefied Gas Tankships ...........................................................................................

750
975
1,215
2,585
2,585
500
1,295
2,310
5,805
12,120

* Note: Eligibility for the reduced annual vessel inspection fee for Offshore Supply Vessels is contingent upon the vessel’s
continued acceptance in the alternative reinspection program by the cognizant Officer in Charge, Marine Inspection.

t is the number of years after prepayment of the fee, for each annual increment (t=0, 1, 2, 3 ... n)
(d) When the annual vessel inspection
fee has been prepaid, the entitlement
to inspection services for the prepayment period attaches to the vessel and
remains with the vessel if it is sold.
The entitlement to inspection services
may not be transferred to any other
vessel.
(e) If a vessel is removed from Coast
Guard certification and the vessel
owner surrenders the vessel’s Certificate of Inspection, the owner may request a refund of the remaining prepayment amount. The annual vessel inspection fee will not be refunded for
the year in which the Certificate of Inspection is surrendered. The request for
refund must be submitted to the Officer in Charge, Marine Inspection to
whom the Certificate of Inspection is
surrendered.

§ 2.10–105 Prepayment of annual vessel inspection fees.
(a) Vessel owners may prepay the annual vessel inspection fee for any period of not less than three years, and
not more than the design life or remaining expected service life of the
vessel.
(b) To prepay the annual vessel inspection fee for a period of three or
more years, the owner must submit a
written request to Commandant (G–
MRP) specifying the vessel identification number and the period for which
prepayment is to be made.
(c) The total of the annual fees for
the requested prepayment period will
be discounted to its net present value
using the following formula:
n

PV = ∑
t =0

R 0 (1 + π )
(1 + i )

t

t

Where:
PV is the Present Value of the series of
annual user fees to be prepaid (the
net amount to be prepaid)
RO is the published user fee of the vessel
i is the interest rate for 10-year Treasury notes at the time of prepayment calculation
is the rate of inflation (based on projected military personnel costs at
the time of prepayment calculation)
n is the total number of years to be
prepaid

[CGD 91–030, 60 FR 13563, Mar. 13, 1995, as
amended by CGD 95–072, 60 FR 50459, Sept. 29,
1995; CGD 96–041, 61 FR 50725, Sept. 27, 1996]

§ 2.10–115

Changes in vessel service.

(a) If a vessel certificated for a single
service changes service, the annual vessel inspection fee is not adjusted during the year in which a change in service occurs. The annual vessel inspection fee for the new vessel category is
payable on the vessel’s user fee anniversary date immediately following the
date of the change in service.

29

§ 2.10–120

46 CFR Ch. I (10–1–96 Edition)

(b) If a change in service occurs and
the annual vessel inspection fee has
been prepaid, Commandant (G–MRP)
will
recalculate
the
prepayment
amount based on the new vessel category and advise the owner of available
prepayment options.

compliance with the design and equipment standards of 46 CFR part 108, the
inspection fee listed in Table 2.10–101 of
this subpart for the same type of mobile offshore drilling unit.

[CGD 91–030, 60 FR 13563, Mar. 13, 1995, as
amended by CGD 95–072, 60 FR 50459, Sept. 29,
1995; CGD 96–041, 61 FR 50725, Sept. 27, 1996]

(a) A vessel owner or operator who
fails to pay a fee or charge established
under this subpart is liable to the United States Government for a civil penalty of not more than $5,000 for each
violation.
(b) In addition to the fees established
in this subpart, the Coast Guard may
recover collection and enforcement
costs associated with delinquent payments of, or failure to pay, a fee. Coast
Guard inspection and examination
services may also be withheld pending
payment of outstanding fees owed to
the Coast Guard for inspection and examination services provided.
(c) Each District Commander or Officer in Charge Marine Inspection may
request the Secretary of the Treasury,
or the authorized representative thereof, to withhold or revoke the clearance
required by 46 U.S.C. app. 91 of a vessel
for which a fee or charge established
under this part has not been paid or
until a bond is posted for the payment.

§ 2.10–135

§ 2.10–120 Overseas inspection and examination fees.
(a) In addition to any other fee required by this subpart, an overseas inspection and examination fee of $4,585
must be paid for each vessel inspection
and examination conducted outside the
United States and its territories. This
fee does not apply to vessel inspections
and examinations conducted in Canada,
Mexico, or the British Virgin Islands.
(b) The overseas inspection and examination fee for each vessel must accompany each request to the cognizant
Officer in Charge, Marine Inspection
for an overseas inspection or examination.
§ 2.10–125 Fees for examination of foreign tankships.
Each foreign tankship of a country
party to the International Convention
for the Safety of Life at Sea, 1974 as
amended, must pay:
(a) For examination for the issuance
of a Letter of Compliance under § 2.01–
6(a)(2)(i) of this part, or examination
for the annual endorsement to a Letter
of Compliance, a fee of $1,100.
(b) For examination for the issuance
of a Tank Vessel Examination Letter
under § 2.01–6(a)(3) of this part, a fee of
$1,100.

Penalties.

Subpart 2.20—Reports and Forms
§ 2.20–1

Forms.

(a) Posting. Statutes and regulations
require that certain forms be posted on
vessels referred to in the statutes and
regulations. The titles of the forms indicate the contents of the forms. They
may be obtained from any Officer in
Charge, Marine Inspection. The Coast
Guard forms and the statutes or regulations which require that they be
posted are listed in this section.
(b) CG–809. This form Station Bills,
Drills, and Reports of Masters is required
by §§ 35.10–5, 78.17–50(f), and 97.15–35(d)
of this chapter.
(c) CG–811. This placard Lifesaving
Signals and Breeches Buoy Instructions is
required by §§ 35.12–5, 78.53–5, 97.43–5,
and 167.65–50 of this chapter.

§ 2.10–130 Fees for examination of foreign mobile offshore drilling units.
Each foreign mobile offshore drilling
unit must pay:
(a) For examination for the issuance
of a Letter of Compliance indicating
compliance with the design and equipment standards of either the documenting nation or the International
Maritime Organization Code for Construction and Equipment of Mobile Offshore Drilling Units, a fee of $1,830.
(b) For examination for the issuance
of a Letter of Compliance indicating

30

Coast Guard, DOT

§ 2.45–15

(d) CG–3256. This form Atomic Attack
Instructions for Merchant Vessels in Port
is required by 33 CFR 122.10.

Subpart 2.45—Waivers of Navigation and Vessel Inspection
Laws

[CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as
amended by CGFR 66–33, 31 FR 15266, Dec. 6,
1966]

§ 2.45–1 Authority for and limitations
on issuance.
Compliance with certain of the navigation and vessel inspection laws may
be waived by the Commandant under
authority of the act of December 27,
1950 (Pub. L. 50–891, secs. 1, 2, 64 Stat.
1120; 46 U.S.C., note preceding section
1), and the delegation of waiver authority contained in Department of the
Treasury Order CGFR 51–1, dated January 23, 1951 (16 FR 731), in any case
where such waiver is deemed necessary
in the interest of national defense.

§ 2.20–40 Chief engineer’s reports.
(a) Repairs to boilers and pressure
vessels. The chief engineer is required
to report any repairs to boilers or
unfired pressure vessels in accordance
with §§ 33.25–5, 78.33–1, and 97.30–1 of
this chapter.
(b) The chief engineer of any vessel is
required to report any accident to a
boiler, unfired pressure vessel, or machinery tending to render the further
use of the item unsafe until repairs are
made by §§ 35.25–5, 78.33–5, and 97.30–5 of
this chapter.
(c) The chief engineer shall report
the renewal of fusible plugs in boilers
by letter to the Officer in Charge, Marine Inspection, who issued the certificate of inspection when such fusible
plugs are renewed at other than the inspection for certification and there is
no marine inspector in attendance at
the renewal. This letter report shall
contain the following information:
(1) Name and official number of vessel.
(2) Date of renewal of fusible plugs.
(3) Number and location of fusible
plugs renewed in each boiler.
(4) Manufacturer and heat number of
each plug.
(5) Reason for renewal.

§ 2.45–5

Policy.

(a) It is the policy of the Coast
Guard, in the current administration of
the laws and regulations relating to
navigation and vessel inspection, to
further the interests of national defense by simplifying the procedure involved therein, eliminating all causes
of delay in the sailing of vessels, and
by bringing about a proper balance between the factors of safety at sea and
the national defense. While it is not
the policy of the Coast Guard to countenance willful violations of the laws
and regulations or negligence in meeting the requirements thereof, neither is
it contemplated that masters who exercise all reasonable efforts to comply
with the requirements in effect be
cited for violations on technical
grounds.
§ 2.45–10

[CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as
amended by CGFR 68–82, 33 FR 18804, Dec. 18,
1968]

Waivers issued.

(a) The waivers having general applicability are published in part 154 of
this chapter, as well as in 33 CFR part
19.

§ 2.20–50 Repairs or alterations in lifesaving or fire prevention equipment.

§ 2.45–15

No repairs or alterations shall be
made to any lifesaving or fire-detecting or fire-extinguishing equipment except in an emergency without advance
notice to the Officer in Charge, Marine
Inspection. See §§ 33.01–20, 34.01–5, 78.33–
10, and 97.30–10 of this chapter.

Specific individual waivers.

(a) Applications for waivers affecting
only one vessel in any one order under
the provisions of § 154.01 of this chapter
are made on Form CG–2633, Application
for Waiver Order. The application shall
state the name of the vessel, her employment, the requirements of law or

31

§ 2.45–20

46 CFR Ch. I (10–1–96 Edition)

regulations, waiver of which is requested, the reasons why waiver is necessary, and shall be signed by the master, owner, or agent of the vessel, or by
the representative of any interested
Government agency. The application
shall be made to the Coast Guard District Commander or to his designated
representative at the port or place
where the vessel is located. In any foreign port or place the application shall
be made to the designated representative of the Commandant at such port
or place or if the Coast Guard has not
established facilities in such port or
place to the nearest designated representative of the Commandant at a
port or place where such facilities have
been established.
(b) If the request is granted, the
waiver order will describe the vessel,
the requirements of law or regulations
waived, the conditions to which the
waiver is subject, and the period of
time for which the waiver is effective.

cific types of safety equipment, materials, or installations may be installed
or used on vessels subject to Coast
Guard inspection, or on other described
vessels, motorboats, artificial islands,
and fixed structures.
(b) The Commandant’s approvals are
issued to persons, partnerships, companies, or corporations who offer for sale
specific items of safety equipment, materials, or installations, or intend them
for their own or others’ use. These approvals are intended to provide a control over the quality of such approved
items. The Commandant’s approvals
apply only to those items constructed
or installed in accordance with applicable requirements, and the details as described in the documents granting specific approval. If a specific item when
manufactured does not comply with
these details, then it is not considered
to be approved and the approval issued
does not apply to such modified item.
For example, if an item is manufactured with changes in design or material not previously approved, the approval does not apply to such modified
item. The failure to comply with applicable requirements and details specified in the approval subjects the holder
to immediate suspension of approval as
described in § 2.75–40, and if necessary,
to a public hearing seeking withdrawal
of approval and removal of all such
items from use or installation as provided in § 2.75–50.
(c) The Commandant’s approvals are
issued to qualified holders in the form
of certificates of approval (Form
CGHQ–10030), by appropriate description and identification in documents
filed with the Office of the Federal
Register and published in the FEDERAL
REGISTER, or by letters, or by appropriate markings on drawings, plans,
etc. Under the direction of the Commandant, the Chief, Marine Safety and
Environmental Protection is delegated
the authority to exercise the necessary
actions relating to the granting, suspension, cancellation or revocation of
approvals for special items of safety
equipment, materials or installations
required by law in regulation in this
chapter or in 33 CFR chapter I to have
the Commandant’s approval. The authority delegated to the Chief, Office of

§ 2.45–20 General waivers.
(a) Applications for waivers having
general applicability should be addressed to the Commandant (G–MOC),
U.S. Coast Guard, Washington, DC
20593–0001.
(b) Only the Commandant is authorized to issue general waivers which affect more than one vessel in one order.
[CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as
amended by CGD 88–070, 53 FR 34533, Sept. 7,
1988; CGD 95–072, 60 FR 50459, Sept. 29, 1995;
CGD 96–041, 61 FR 50725, Sept. 27, 1996]

Subpart 2.50—Assessment, Mitigation or Remission of Penalties
[Note]—[Reserved]
NOTE: Enforcement: Civil, and criminal penalty procedures appear in 33 CFR part 1.
[CGD 74–68, 39 FR 19481, June 3, 1974]

Subpart 2.75—Approvals of Safety
Equipment, Materials and Installations, and Qualifications
for Construction Personnel
§ 2.75–1 Approvals.
(a) Certain navigation and vessel inspection laws, or regulations in this
chapter or in 33 CFR chapter I, require
the Commandant’s approval before spe-

32

Coast Guard, DOT

§ 2.75–15

Marine Safety, Security and Environmental Protection, may be further delegated by him.
(d) The approvals granted to holders
qualifying under the regulations in this
chapter or in specifications, copies of
which may be obtained from the Commandant (G–MSE), and to which official Coast Guard numbers are assigned,
will be in the form of certificates of approval. Unless specifically provided
otherwise, the approval shall be valid
for a period of five years from the date
on the certificate of approval, but subject to suspension and/or cancellation
if it is found the item offered, sold, or
used as Coast Guard approved differs in
any detail from the item as described
in the certificate of approval and referenced material.
(e) A specific Commandant’s approval
granted to anyone, which is described
in a certificate of approval, or a letter,
or marked plans, etc., cannot be transferred to another without a specific
prior authorization from the Commandant. Such a transfer without the
Commandant’s authorization normally
terminates such approval.
(f) A listing of current and formerly
approved equipment and materials is
published by the Coast Guard from
time to time in ‘‘Equipment Lists’’
(COMDTINST M16714.3 series), which is
available for sale from the Superintendent of Documents, Government
Printing Office.

canceled or suspended by proper authority, or otherwise specifically stated in the certificate.
[CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as
amended by CGD 82–063b, 48 FR 4781, Feb. 3,
1983; CGD 88–070, 53 FR 34533, Sept. 7, 1988;
CGD 96–041, 61 FR 50725, Sept. 27, 1996]

§ 2.75–10 Procedures for obtaining approvals.
(a) The requirements for obtaining
approvals of items covered by specifications and bearing official Coast
Guard approval numbers are set forth
in parts 159 through 164 of this chapter.
For other items, the requirements are
described in the regulations governing
such items.
(b) Unless otherwise specified, correspondence
concerning
approvals
should be addressed to the Commandant (G–MSE), U.S. Coast Guard,
Washington, DC 20593–0001. When plans,
drawings, test data, etc., are required
to be submitted by the manufacturer,
the material being transmitted with
the application should be clearly identified.
[CGD 76–048, 44 FR 73043, Dec. 17, 1979, as
amended by CGD 82–063b, 48 FR 4781, Feb. 3,
1983; CGD 88–070, 53 FR 34533, Sept. 7, 1988;
CGD 95–072, 60 FR 50459, Sept. 29, 1995; CGD
96–041, 61 FR 50725, Sept. 27, 1996]

§ 2.75–15

Requirements and tests.

(a) Approved items described in certificates of approval are usually required to meet specific requirements
and/or tests, prior to obtaining the approval. Additional factory tests to determine that proper uniformity and
quality controls are followed during
the manufacture of the specific items
may be required. These requirements
governing the manufacturer in particular are set forth in the regulations in
this chapter or in specifications, copies
of which may be obtained from the
Commandant (G–MSE). If the requirements are met, a certificate of approval will be issued.
(b) When the specific item described
in an application, together with accompanying drawings, plans, etc., does not
meet applicable requirements or fails
to meet specified tests, the applicant
will be notified accordingly. The Coast
Guard may suggest changes in order

[CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as
amended by CGD 82–063b, 48 FR 4781, Feb. 3,
1983; CGD 88–070, 53 FR 34533, Sept. 7, 1988;
CGD 95–072, 60 FR 50459, Sept. 29, 1995; CGD
93–055, 61 FR 13927, March 28, 1996; CGD 96–
041, 61 FR 50725, Sept. 27, 1996]

§ 2.75–5 Certificates of approval.
(a) The Chief, Marine Safety and Environmental
Protection,
or
his
delelegate, will issue a certificate of
approval to the manufacturer or party
named therein and certify that such
manufacturer or party has submitted
satisfactory evidence that the item described therein complies with the applicable laws and regulations, which
are outlined on the reverse side of the
certificate.
(b) The approval shall be in effect for
a period of 5 years from the date on the
certificate of approval unless sooner

33

§ 2.75–25

46 CFR Ch. I (10–1–96 Edition)
(ii) A certification that it has an established factory inspection, listing,
and labeling program, together with a
complete description of it and how it
works.
(iii) A description of its facilities
used in the examination, testing, and
evaluation of portable fire extinguishers, together with its name (if different
from that of submitter), and location
(city, street, and state).
(iv) A list of the names and home and
office addresses of its principal officers
and its managing directors (if any).
(v) A description of its special standards for listing and labeling portable
fire extinguishers as marine type, as
contemplated by the specification in
subpart 162.028 of part 162 of subchapter
Q (Specifications) of this chapter.
(3) If the Commandant finds that a
laboratory qualifies as a recognized laboratory, and it is subject to Coast
Guard jurisdiction, the approval and
listing will be published in the FEDERAL REGISTER and will be in effect
until suspended, canceled or terminated by proper authority. The failure
of a recognized laboratory to maintain
its established factory inspection, listing and labeling program as approved
by the Commandant shall be cause for
terminating a listing as a recognized
laboratory.

for the item to qualify and permit the
issuance of an approval.
(c) For items not covered by specification requirements in parts 160 to
164, inclusive (subchapter Q—Specifications) of this chapter, the requirements
in the navigation and vessel inspection
laws, and applicable regulations in this
chapter or in 33 CFR chapter I apply
and shall be met before approvals may
be issued.
[CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as
amended by CGD 82–063b, 48 FR 4781, Feb. 3,
1983; CGD 88–070, 53 FR 34533, Sept. 7, 1988;
CGD 95–072, 60 FR 50459, Sept. 29, 1995; CGD
96–041, 61 FR 50725, Sept. 27, 1996]

§ 2.75–25 Portable fire extinguishers.
(a) The portable fire extinguishers
listed and labeled as marine type by a
recognized laboratory, as provided in
subpart 162.028 of part 162 of subchapter
Q (Specifications) of this chapter, will
be accepted as approved for use on merchant vessels, motorboats, etc., whenever required by the regulations in this
chapter, and for use on artificial islands and fixed structures on the Outer
Continental Shelf whenever required
by the regulations in 33 CFR parts 140
to 146, inclusive.
(b) The procedures for manufacturers
to follow and the requirements governing portable fire extinguishers to qualify being listed and labeled as marine
type by a recognized laboratory are set
forth in subpart 162.028 of part 162 of
subchapter Q (Specifications) of this
chapter.
(c) The procedures for a laboratory to
qualify as a recognized laboratory and to
be listed in § 162.028–5 of subchapter Q
(Specifications) of this chapter are as
follows:
(1) The laboratory shall submit an informal application in writing on its
usual letterhead paper to the Commandant (G–M), United States Coast
Guard, Washington, DC 20593, requesting recognition and listing, as a recognized laboratory.
(2) Accompanying the informal application, as identified enclosures, shall
be:
(i) A certification that it is a laboratory which has been and is regularly
engaged in the examination, testing,
and evaluation of portable fire extinguishers.

[CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as
amended by CGD 82–063b, 48 FR 4781, Feb. 3,
1983]

§ 2.75–40 Suspension of approval.
(a) Whenever it is determined that a
specific item is not in compliance with
the applicable laws, rules, and regulations, and the requirements specified in
the approval issued by the Coast
Guard, the District Commander or the
Officer in Charge, Marine Inspection,
will immediately notify the holder of
the approval wherein the specific item
fails to meet applicable requirements.
If the defects, deficiencies or variations
in the item are deemed important, such
officer is authorized and may immediately suspend the approval, may require the holder to surrender the certificate of approval (if any), and may
direct the holder to cease claiming the
defective items are Coast Guard approved, pending a final decision from
the Commandant in the matter.

34

Coast Guard, DOT

§ 2.90–1
chapter D (Tank Vessels) of this chapter.

(b) The procedures for appealing the
temporary suspension shall be those
described in § 2.01–70.

[CGFR 68–82, 33 FR 18804, Dec. 18, 1968]

§ 2.75–50 Withdrawals or terminations
of approvals and appeals.

Subpart 2.85—Load Lines

(a) The Commandant may withdraw
approval for any item which is found
not to be in compliance with the conditions of approval, found to be unsuitable for its intended purpose, or does
not meet the requirements of applicable regulations.
(b) Approvals of equipment are terminated when the manufacturer is no
longer in business, or when the item is
no longer being manufactured, or when
the approval expires.
(c) Any person directly affected by a
decision to deny, withdraw, or terminate an approval may appeal the decision to Chief, Marine Safety and Environmental Protection (Commandant
(G–M)) as provided in § 1.03–15 of this
chapter.

§ 2.85–1 Assignment of load lines.
(a) The load line marks when placed
on a vessel indicate the maximum
draft to which such vessel can be lawfully submerged, in the various circumstances and seasons applicable to
such vessel. See subchapter E (Load
Lines) of this chapter for applicable details governing assignment and marking of load lines.
(b) Merchant vessels of 150 gross tons
or over and engaged in international,
coastwise, or Great Lakes voyages are
required to have load line marks by
section 86, 88, or 88a of title 46, United
States Code. The International Convention on Load Lines, 1966, applies to
ships engaged in international voyages
which are ships registered in countries
the Governments of which are Contracting Governments; ships registered
in territories to which the 1966 Convention is made applicable; and unregistered ships flying the flag of a State,
the Government of which is a Contracting Government. The exceptions are (1)
ships of war; (2) new ships of less than
79 feet in length; (3) existing ships of
less than 150 gross tons; (4) pleasure
yachts not engaged in trade; and (5)
fishing vessels.
(c) The procedures for obtaining the
assignment of load line marks, the issuance of load line certificates, the
surveys required, the causes for cancellation of certificates, the enforcement and control exercised in administration, including the rights of appeal,
and the model forms of load line certificates are set forth in parts 42 to 46,
inclusive, in subchapter E (Load Lines)
of this chapter.

[CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as
amended by CGD 93–055, 61 FR 13927, Mar. 28,
1996; CGD 96–041, 61 FR 50725, Sept. 27, 1996]

§ 2.75–60 Hazardous ships’ stores.
Hazardous ships’ stores, as defined in
§ 147.3 of this chapter, must not be
brought on board or used on any vessel
unless they meet the requirements of
part 147 of this chapter.
[CGD 84–044, 53 FR 7748, Mar. 10, 1988]

§ 2.75–70 Welding procedure and performance qualifications.
(a) Welding procedures and welder
performance utilized in the fabrication
of vessels and their various systems
and components subject to Coast Guard
inspection shall be qualified as required by the applicable subchapter.
For
applicable
requirements
see
§§ 32.60–1(a) of subchapter D (Tank Vessels), § 72.01–15 of subchapter H (Passenger Vessels), § 92.01–10 of subchapter
I (Cargo and Miscellaneous Vessels), or
§ 190.01–10 of subchapter U (Oceanographic Vessels) of this chapter. See
part 57 of subchapter F (Marine Engineering) for requirements for the welding of pressure piping, boilers, pressure
vessels, and nonpressure vessel type
tanks, and associated secondary barriers as defined in § 38.05–4 of sub-

[CGFR 68–60, 33 FR 10047, July 12, 1968, as
amended by CGFR 68–126, 34 FR 9010, June 5,
1969; CGD 80–120, 47 FR 5723, Feb. 8, 1982]

Subpart 2.90—Plans, Drawings or
Blueprints
§ 2.90–1 General requirements.
(a) Drawings, blueprints or plans
showing the details of construction of

35

§ 2.95–1

46 CFR Ch. I (10–1–96 Edition)

vessels subject to inspection or installations thereon are required to be submitted for approval in accordance with
applicable regulations in this chapter,
information as to which may be obtained at any local Marine Inspection
Office.
(b) The requirements for passenger
vessel construction are in parts 43–46,
70–78, of this chapter.
(c) The requirements for tank vessel
construction are in parts 30–39, 43–45, of
this chapter.
(d) The requirements for cargo and
miscellaneous vessel construction are
in parts 43–45, 90–97, of this chapter.
(e) The requirements for marine engineering installations or equipment are
in parts 50–69 of this chapter.
(f) The requirements for electrical
engineering installations or equipment
are in parts 110–113 of this chapter.
(g) The requirements for items to be
manufactured under specific approval
by the Commandant are in parts 160–164
of this chapter.
(h) The requirements for vessels carrying certain bulk dangerous cargoes
are in parts 148, 151, 153, and 154 of this
chapter.
(i) The requirements for subdivision
and stability plans and calculations are
in part 170 of this chapter.

(3) If the certificate or document is
evidence of a person’s qualifications, it
shall be retained for so long as it is
valid unless it is required to be surrendered.
(b) Nothing in this section shall be
construed as preventing the Coast
Guard from canceling, suspending, or
withdrawing any certificate or document issued at any time.
§ 2.95–5 Certificates or documents issued by others.
(a) Certificates or documents issued
by other public agencies or private organizations, which are accepted as
prima facie evidence of compliance
with requirements administered by the
Coast Guard, shall be retained for the
applicable period of time as follows:
(1) If the certificate or document
specifies a definite period of time for
which it is valid, it shall be retained
for so long as it is valid unless it is required to be surrendered; or
(2) If the certificate or document
does not specify a definite period of
time for which it is valid, it shall be retained for the period of time such certificate or document is required for operation of the vessel; or,
(3) If the certificate or documents is
evidence of a person’s qualifications, it
shall be retained for so long as it is
valid unless it is required to be surrendered.

[CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as
amended by CGD 73–96, 42 FR 49203, Sept. 26,
1977; CGD 79–023, 48 FR 51006, Nov. 4, 1983]

Subpart 2.95—Retention of
Records by the Public

§ 2.95–10 Equipment or material required to be approved.

§ 2.95–1 Certificates or documents issued by Coast Guard.

(a) The manufacturer of any equipment or material, which must also be
approved by or found satisfactory for
use by the Commandant, shall keep the
required drawings, plans, blueprints,
specifications, production models (if
any), qualification tests, and related
correspondence containing evidence
that the Coast Guard has found such
equipment or material satisfactory,
during the period of time the approval
or listing is valid. Most of the specifications containing detailed descriptions of records required to be retained
by the public are in parts 160 to 164, inclusive in subchapter Q (Specifications)
of this chapter.

(a) Certificates or documents issued
to the public, as required by laws,
rules, or regulations, shall be retained
for the applicable period of time, as follows:
(1) If the certificate or document
specifies a definite period of time for
which it is valid, it shall be retained
for so long as it is valid unless it is required to be surrendered; or,
(2) If the certificate or document
does not specify a definite period of
time for which it is valid, it shall be retained for that period of time such certificate or document is required for operation of the vessel; or,

36

Coast Guard, DOT

§ 3.10–1

PART
3—DESIGNATION
OF
OCEANOGRAPHIC
RESEARCH
VESSELS

Subpart 3.05—Definition of Terms
Used in This Part
§ 3.05–1

Subpart 3.01—Authority and Purpose
Sec.
3.01–1
3.01–3

Purpose of regulations.
Authority for regulations.

§ 3.05–3
sel.

Subpart 3.03—Application
3.03–1 Vessels subject to the requirements
of this part.

Oceanographic research ves-

‘‘An oceanographic research vessel is
a vessel which the U.S. Coast Guard
finds is employed exclusively in one or
more of the following:
(a) Oceanographic instruction;
(b) Limnologic instruction;
(c) Oceanographic research; or,
(d) Limnologic research.’’

Subpart 3.05—Definition of Terms Used in
This Part
3.05–1
3.05–3

Letter of designation.

A letter issued by an Officer in
Charge, Marine Inspection, designating
an uninspected vessel as an oceanographic research vessel.

Letter of designation.
Oceanographic research vessel.

Subpart 3.10—Designation

Subpart 3.10—Designation

3.10–1 Procedures for designating oceanographic research vessels.
3.10–5 Renewal of letter of designation.
3.10–10 Right of appeal.

§ 3.10–1 Procedures for designating
oceanographic research vessels.

AUTHORITY: 46 U.S.C. 2113, 3306; 49 CFR 1.46.

(a) Upon written request by the
owner, master, or agent of a vessel, a
determination will be made by the Officer in Charge, Marine Inspection, of
the zone in which the vessel is located,
whether the vessel may be designated
as an oceanographic research vessel
under the provisions of 46 U.S.C. 441.
(b) The request should contain sufficient information to allow the Officer
in Charge, Marine Inspection, to make
this determination. At a minimum, the
following items must be submitted:
(1) A detailed description of the vessel, including its identification number, owner and charterer.
(2) A specific operating plan stating
precisely the intended use of the vessel.
(3) Any additional information as
may be requested by the Officer in
Charge, Marine Inspection.
(c) If designation is granted, it shall
be indicated as follows:
(1) For inspected vessels—indicated
on the certificate of inspection, valid
for its duration.
(2) For uninspected vessels—indicated by a letter of designation, which
shall be maintained on board the vessel
and remain in effect for two years from
date of issuance.

SOURCE: CGD 77–081, 46 FR 56202, Nov. 16,
1981, unless otherwise noted.

Subpart 3.01—Authority and
Purpose
§ 3.01–1 Purpose of regulations.
The purpose of the regulations in this
part is to establish standard procedures
for the designation of certain vessels as
oceanographic research vessels as defined in 46 U.S.C. 441.
§ 3.01–3 Authority for regulations.
The regulations regarding the designation of oceanographic research vessels interpret or apply title 46, United
States Code, sections 441 through 445.

Subpart 3.03—Application
§ 3.03–1 Vessels subject to the requirements of this part.
The regulations in this subchapter
are applicable to U.S. flag vessels desiring designation as oceanographic research vessels in accordance with 46
U.S.C. 441.

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