Coast Guard, DHS § 2.01–25
Total Page:16
File Type:pdf, Size:1020Kb
Coast Guard, DHS § 2.01–25 (7) For repairs to a vessel after it has § 2.01–20 Suspension or revocation of been surveyed, see § 42.09–50 of sub- certificates of inspection. chapter E (Load Lines) of this chapter. Under the authority if 46 U.S.C. 3313 (8) For repairs to boilers, pressure and 46 U.S.C. 3710, a certificate of in- vessels, and appurtenances, see part 59 spection issued to a vessel may be sus- of subchapter F (Marine Engineering) pended or revoked if a vessel is found of this chapter. not to comply with the terms of its (9) For repairs to electrical installa- certificate or fails to meet a standard tions or equipment, see §§ 111.05–5(e), required by this chapter. 111.05–10(e), and 111.90–5 of subchapter J (Electrical Engineering) of this chap- [CGD 95–028, 62 FR 51195, Sept. 30, 1997, as ter. amended by USCG–1998–4442, 63 FR 52188, Sept. 30, 1998; USCG–2004–18884, 69 FR 58341, (10) For vessels carrying compressed Sept. 30, 2004] gases regulated by subchapter O (Cer- tain Bulk Dangerous Cargoes), see § 2.01–25 International Convention for § 151.50 30(c) of this chapter. Safety of Life at Sea, 1974. (11) For repairs to a vessel that af- (a) Certificates required. (1) The Inter- fects its subdivision or stability, see national Convention for Safety of Life § 170.005 of this chapter. at Sea, 1974, requires one or more of (b) If repairs to a vessel are nec- the following certificates to be carried essary, such a vessel may be permitted on board certain passenger, cargo or to proceed to another port for repairs, tankships engaged in international if, in the opinion of the marine inspec- voyages: tor, it can be done with safety. The (i) Passenger Ship Safety Certificate. permit is granted by the Officer in (ii) Cargo Ship Safety Construction Charge, Marine Inspection, upon re- Certificate. quest in writing by the master or (iii) Cargo Ship Safety Equipment owner of the vessel and is issued on Certificate. Coast Guard Form CG-948, Permit to (iv) Cargo Ship Safety Radio Certifi- Proceed to Another Port for Repairs. cate. The requirements for such permits are (v) Nuclear Passenger Ship Safety set forth in the subchapter governing a Certificate. particular class of vessels as follows: (vi) Nuclear Cargo Ship Safety Cer- (1) For passenger vessels that are 100 tificate. gross tons or more, see subpart 71.05 of (vii) Safety Management Certificate. subchapter H (Passenger Vessels) of (viii) International Ship Security this chapter. Certificate. (2) For small passenger vessels under (ix) High-Speed Craft Safety Certifi- 100 gross tons, see subpart B of sub- cate chapter T (Small Passenger Vessels) of (2) The U.S. Coast Guard will issue this chapter. through the Officer In Charge, Marine (3) For cargo and miscellaneous ves- Inspection, the following certificates sels, see subpart 91.05 of subchapter I after performing an inspection or safe- (Cargo and Miscellaneous Vessels) of ty management audit of the vessel’s this chapter. systems and determining the vessel (4) For tank vessels, see § 31.10–35 of meets the applicable requirements: subchapter D (Tank Vessels) of this (i) Passenger Ship Safety Certificate. chapter. (ii) Cargo Ship Safety Construction (5) For public nautical schoolships, Certificate, except when issued to see § 167.30–5 of subchapter R (Nautical cargo ships by a Coast Guard recog- Schools) of this chapter. nized classification society at the op- (6) For oceanographic vessels, see tion of the owner or agent. subpart 189.05 of subchapter U (Oceano- (iii) Cargo Ships Safety Equipment graphic Vessels) of this chapter. Certificate. [CGFR 68–126, 34 FR 9010, June 5, 1969, as (iv) Exemption Certificate. amended by CGD 73–96, 42 FR 49023, Sept. 26, (v) Nuclear Passenger Ship Safety 1977; CGD 79–023, 48 FR 51006, Nov. 4, 1983; Certificate. CGD 97–057, 62 FR 51041, Sept. 30, 1997; USCG– (vi) Nuclear Cargo Ship Safety Cer- 2004–18884, 69 FR 58341, Sept. 30, 2004] tificate. 29 VerDate Sep<11>2014 15:10 Nov 07, 2017 Jkt 241204 PO 00000 Frm 00039 Fmt 8010 Sfmt 8010 Q:\46\46V1.TXT 31 kpayne on DSK54DXVN1OFR with $$_JOB § 2.01–25 46 CFR Ch. I (10–1–17 Edition) (vii) Safety Management Certificate, (2) A Convention certificate may be except when issued by a recognized or- withdrawn, revoked or suspended at ganization authorized by the Coast any time when it is determined the Guard. vessel is no longer in compliance with (viii) International Ship Security applicable requirements. (See § 2.01–70 Certificate (ISSC). for appeal procedures.) (ix) High-Speed Craft Safety Certifi- (d) CG-969—Notice of Receipt of Appli- cate cation for Passenger Ship Safety Certifi- (3) When authorized by the Com- cate. (1) The Passenger Ship Safety Cer- mandant, U.S. Coast Guard, an author- tificate is issued by the Commandant ized classification society may issue after determining all applicable re- international convention certificates quirements of the Convention have as permitted under part 8, subpart C, of been met. In the event the completion this title. of the certification of any passenger (4) The Federal Communications vessel cannot be effected prior to the Commission will issue the following sailing of the passenger ship on a for- certificates: eign voyage, or in any case where the (i) Cargo Ship Safety Radio Certifi- Passenger Ship Safety Certificate is cate. not received from the Commandant be- (ii) Exemption Certificate. fore the ship sails on a foreign voyage, the Officer in Charge, Marine Inspec- (b) Applications. (1) The application tion, will issue a completed Form CG- for inspection and issuance of a certifi- 969, describing the passenger ship and cate or certificates is made on the ap- certifying that an application for a propriate form listed in § 2.01–1, or by Passenger Ship Safety Certificate is letter, to the Officer in Charge, Marine being processed, and that in his opinion Inspection, in or nearest the port at the vessel meets applicable require- which the inspection is to be made and shall be signed by the master or agent ments of the Convention administered of the vessel. The certificates pre- by the Coast Guard. viously issued are surrendered at the (2) The completed Form CG-969 may time the inspection is performed. Fur- be exhibited in explanation of the fail- ther details are set forth in subchapter ure of the passenger ship to have on D (Tank Vessels), subchapter H (Pas- board a current Passenger Ship Safety senger Vessels), subchapter I (Cargo Certificate. This completed form CG- and Miscellaneous Vessels), subchapter 969 may be accepted as prima facie evi- K (Small Passenger Vessels Carrying dence that the passenger ship described more than 150 Passengers or with over- therein is in compliance with the appli- night accommodations for more than cable requirements of the Convention. 49 Passengers), subchapter L (Offshore (e) Exempted vessel. (1) A vessel may Supply Vessels), subchapter O (Certain be exempted by the Commandant from Bulk Dangerous Cargoes), subchapter T complying with certain requirements (Small Passenger Vessels), and sub- of the Convention under his adminis- chapter U (Oceanographic Research tration upon request made in writing Vessels), of this chapter. to him and transmitted via the Officer (2) For vessels other than passenger in Charge, Marine Inspection. In such vessels, you must contact the local of- case the exemptions are stated in the fice of the Federal Communications Exemption Certificate, which is issued Commission to apply for the inspection by the Commandant through the ap- concerning the issuance of a Cargo propriate Officer in Charge, Marine In- Ship Safety Radio Certificate. spection. (c) Certificates issued. (1) If a vessel (2) The Federal Communications meets the applicable requirements of Commission issues the Exemption Cer- the Convention, it shall be issued ap- tificate, which modifies the Cargo Ship propriate certificates listed in para- Safety Radio Certificate. graph (a) of this section. These certifi- (f) Availability of Certificates. The Con- cates describe the vessel and state the vention certificates must be on board vessel is in compliance with the appli- the vessel and readily available for ex- cable requirements of the Convention. amination at all times. 30 VerDate Sep<11>2014 15:10 Nov 07, 2017 Jkt 241204 PO 00000 Frm 00040 Fmt 8010 Sfmt 8010 Q:\46\46V1.TXT 31 kpayne on DSK54DXVN1OFR with $$_JOB Coast Guard, DHS § 2.01–50 (g) Foreign flag vessels. At the request scribed in § 2.01–1. If granted it is en- of the government of a country in dorsed on the certificate of inspection. which is registered a vessel engaged in [CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as an international voyage, such a vessel amended by CGD 95–028, 62 FR 51195, Sept. 30, may be issued the applicable certifi- 1997] cate or certificates listed in paragraph (a) of this section. The certificate will § 2.01–45 Excursion permit. be issued only after inspection has been (a) Under 46 U.S.C. 2113, the Coast made by the issuing agency, providing Guard may issue a permit to the the vessel is found to comply with the owner, operator, or agent of a pas- requirements of the Convention. senger vessel, allowing the vessel to en- [CGFR 65–50, 30 FR 16604, Dec. 30, 1965] gage in excursions that carry addi- tional numbers of passengers, extend EDITORIAL NOTE: For FEDERAL REGISTER ci- an existing route, or both. Details con- tations affecting § 2.01–25, see the List of CFR cerning the application process for ex- Sections Affected, which appears in the Finding Aids section of the printed volume cursion permits for inspected passenger and at www.fdsys.gov.